AD/CVD message 4096115 - PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE OF COLOR NEGATIVE PHOTO PAPER/CHEMICAL COMPONENTS FROM JAPAN & THE NETHERLANDS (CRITICAL CIRCUMSTANCES FM NL)

4096115
Apr 06, 1994
Active

Category: Antidumping • Type: Preliminary Determination • Cases: A-421-806 A-588-832

MESSAGE NO: 4096115 DATE: 04 06 1994
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 832 A - 421 - 806
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PERIOD COVERED: 04 06 1994 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE
OF COLOR NEGATIVE PHOTO PAPER/CHEMICAL COMPONENTS FROM
JAPAN & THE NETHERLANDS (CRITICAL CIRCUMSTANCES FM NL)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON APRIL 6, 1994, NOTICE OF ITS PRELIMINARY DETERMINATIONS THAT
COLOR NEGATIVE PHOTOGRAPHIC PAPER AND CHEMICAL COMPONENTS THEREOF
FROM THE NETHERLANDS AND JAPAN ARE BEING SOLD IN THE UNITED
STATES AT LESS THAN FAIR VALUE.

2. FOR PURPOSES OF THESE INVESTIGATIONS, COLOR NEGATIVE
PHOTOGRAPHIC PAPER IS ALL SENSITIZED, UNEXPOSED SILVER-HALIDE
COLOR NEGATIVE PHOTOGRAPHIC PAPER, WHETHER IN MASTER ROLLS,
SMALLER ROLLS OR SHEETS. CHEMICAL COMPONENTS INCLUDE SENSITIZED
(WHETHER CHEMICALLY OR SPECTRALLY) AND UNSENSITIZED EMULSIONS,
COUPLERS, AND COUPLER DISPERSIONS USED IN MAKING COLOR NEGATIVE
PHOTOGRAPHIC PAPER.

UNSENSITIZED SILVER-HALIDE EMULSIONS CONSIST OF SILVER-HALIDE
MICROCRYSTALS DISPERSED IN A GELATIN AND WATER MATRIX AFTER
PREPARATION AND WASHING TO REMOVE SOLUBLE SALTS. UNSENSITIZED
EMULSIONS ARE NATURALLY SENSITIVE TO BLUE AND ULTRAVIOLET LIGHT,
BUT CANNOT EFFICIENTLY CONVERT LIGHT TO FORM A COLOR IMAGE
WITHOUT FURTHER PROCESSING. SENSITIZED EMULSIONS HAVE BEEN
TREATED TO INCREASE THEIR SENSITIVITY ACROSS THE ENTIRE SPECTRUM
AND/OR TREATED BY THE ADDITION OF SPECTRAL SENSITIZING DYES TO
MAKE THE EMULSIONS SELECTIVELY SENSITIVE TO SPECIFIC WAVELENGTHS
OF LIGHT. A COUPLER IS A COLORLESS, WATER-INSOLUBLE CHEMICAL
CAPABLE OF REACTING WITH A SILVER-HALIDE DEVELOPMENT PRODUCT TO
FORM A DYE. A COUPLER DISPERSION CONSISTS OF A COUPLER DISPERSED
IN A WATER-GEL SOLUTION, AND MAY CONTAIN ORGANIC SOLVENTS,
CHEMICALS TO STABILIZE THE COUPLER AND OTHER SUBSTANCES.

SPECIFICALLY EXCLUDED FROM THESE INVESTIGATIONS ARE ALL PAPER
AND CHEMICAL PRODUCTS NOT USED IN THE SILVER-HALIDE PROCESS WHICH
ARE USED IN OTHER IMAGING TECHNOLOGIES. PRODUCTS OUTSIDE THE
SCOPE INCLUDE TONER AND DEVELOPER CHEMICALS USED IN ELECTROSTATIC
OR INDIRECT IMAGING PROCESSES (E.G., XEROGRAPHY), PRODUCTS USED
IN LASER PRINTING, AND INSTANT PHOTOGRAPHY PRODUCTS.

ALSO EXCLUDED FROM THE SCOPE OF THESES INVESTIGATIONS ARE PAPER
THAT IS DESIGNED EXCLUSIVELY FOR USE IN GRAPHIC ARTS PROOFING
EQUIPMENT AND DOES NOT EXCEED 160 MICRONS IN THICKNESS, AND
EMULSIONS CLASSIFIED UNDER SUBHEADING 3707.10.0000 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) THAT ARE
USED IN THE MANUFACTURE OF MONOCHROME GRAPHIC ARTS FILM OR PAPER
THAT ARE NOT USED IN THE PRODUCTION OF COLOR NEGATIVE
PHOTOGRAPHIC PAPER.

THE COLOR PHOTOGRAPHIC PAPER SUBJECT TO THIS INVESTIGATION ARE
CURRENTLY CLASSIFIABLE UNDER HTSUS SUBHEADINGS 3703.10.3030 AND
3703.20.3030. EMULSIONS ARE CURRENTLY CLASSIFIABLE UNDER HTSUS
SUBHEADINGS 3707.10.0000 AND 3707.90.3000. COUPLERS AND COUPLER
DISPERSIONS ARE CURRENTLY CLASSIFIABLE UNDER HTSUS SUBHEADINGS
3707.90.3000, 3707.90.6000, 2933.19.3000, 2933.90.2500 AND
2934.90.2000. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE
SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.

ITEMS FROM THE NETHERLANDS AND JAPAN ENTERED UNDER HTSUS
SUBHEADINGS LISTED ABOVE WHICH ARE NOT FOR USE IN THE COLOR
NEGATIVE PHOTGRAPHIC PAPER PRODUCTION PROCESS, MUST BE
ACCOMPANIED BY AN IMPORTER'S DECLARATION TO THE CUSTOMS SERVICE
TO THAT EFFECT IN ORDER TO AVOID SUSPENSION OF LIQUIDATION OF
NON-SUBJECT CHEMICALS. THUS, FOR NO SUSPENSION OF LIQUIDATION TO
BE REQUIRED, I.E., IF (1) THE CHEMICALS ENTER UNDER THE SAME
HTSUS NUMBER AS THE SUBJECT CHEMICALS, AND (2) THE CHEMICALS THAT
ARE BEING IMPORTED WILL BE USED TO PRODUCE A PRODUCT OTHER THAN
COLOR NEGATIVE PHOTOGRAPHIC PAPER AN OFFICIAL OF THE COMPANY
IMPORTING CHEMICAL COMPONENTS AS DESCRIBED ABOVE MUST CERTIFY THE
FOLLOWING:

THIS SHIPMENT INCLUDES CHEMICALS FROM THE NETHERLANDS/JAPAN. I,
HEREBY,CERTIFY THAT I AM AN OFFICIAL OF (THE COMPANY IMPORTING
THE CHEMICALS) AND THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING
THE IMPORTATION OF THESE CHEMICALS. I FURTHER CERTIFY THAT,
AFTER IMPORTATION OF THESE CHEMICALS INTO THE UNITED STATES,
THESE CHEMICALS WILL NOT BE USED IN THE PRODUCTION OF COLOR
NEGATIVE PHOTOGRAPHIC PAPER BY EITHER (THE COMPANY IMPORTING THE
CHEMICALS), OR ANY PARTY RELATED TO IT. THESE CHEMICALS WILL NOT
BE USED IN THE PRODUCTION OF COLOR NEGATIVE PHOTOGRAPHIC PAPER
EITHER BY THE IMPORTER OF RECORD OR BY PARTIES RELATED TO THE
IMPORTER OF RECORD, BUT WILL BE USED IN THE PRODUCTION OF
MERCHANDISE OTHER THAN COLOR NEGATIVE PHOTOGRAPHIC PAPER OR SOLD
IN THEIR ORIGINAL CHEMICAL FORM TO U.S. PURCHASERS, FOR PURPOSE
OF THE PRODUCTION OF MERCHANDISE OTHER THAN COLOR NEGATIVE
PHOTOGRAPHIC PAPER.

AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION.

WITHOUT SUCH A CERTIFICATION, THE CUSTOMS SERVICE SHALL REQUIRE
THE POSTING OF A BOND OR A CASH DEPOSIT EQUAL TO THE AMOUNT OF
THE PRELIMINARY MARGIN.

IN ORDER TO BE EXCLUDED FROM THE SUSPENSION OF LIQUIDATION, ALL
SENSITIZED (WHETHER CHEMICALLY OR SPECTRALLY) AND UNSENSITIZED
EMULSIONS, COUPLERS, AND COUPLER DISPERSIONS ENTERED INTO THE
UNITED STATES MUST BE ACCOMPANIED BY AN IMPORTER'S DECLARATION TO
THE CUSTOMS SERVICE TO THE EFFECT THAT THEY ARE NOT FOR USE IN
THE COLOR NEGATIVE PHOTOGRAPHIC PAPER PRODUCTION PROCESS AND WILL
NOT BE USED IN THE COLOR NEGATIVE PHOTOGRAPHIC PAPER PRODUCTION
PROCESS.

3. FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED INVESTIGATION NUMBERS A-421-806 FOR THE NETHERLANDS AND
A-588-832 FOR JAPAN SHOULD BE USED WHEN DEALING WITH THE
DEPARTMENT OF COMMERCE ONLY.

4. THE DEPARTMENT HAS PRELIMINARILY DETERMINED THAT CRITICAL
CIRCUMSTANCES EXIST WITH RESPECT TO EXPORTS OF COLOR NEGATIVE
PHOTOGRAPHIC PAPER AND COMPONENTS THEREOF FROM THE NETHERLANDS.
FOR ALL EXPORTS OF COLOR NEGATIVE PHOTOGRAPHIC PAPER AND CHEMICAL
COMPONENTS THEREOF FROM THE NETHERLANDS, THE CUSTOMS SERVICE
SHALL SUSPEND LIQUIDATION OF SUCH MERCHANDISE THAT IS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY 6,
1994, AND SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL
TO THE APPROPRIATE ESTIMATED PRELIMINARY MARGIN PERCENTAGES
LISTED BELOW.

FOR ALL EXPORTS OF COLOR NEGATIVE PHOTOGRAPHIC PAPER AND
COMPONENTS THEREOF FROM JAPAN, THE CUSTOMS SERVICE SHALL SUSPEND
LIQUIDATION OF SUCH MERCHANDISE THAT IS ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER APRIL 6, 1994, AND
SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE
APPROPRIATE ESTIMATED PRELIMINARY MARGIN PERCENTAGES LISTED
BELOW.

MANUFACTURER/PRODUCER I.D. NUMBER WEIGTHED-AVERAGE
EXPORTER MARGIN PERCENTAGE

NETHERLANDS

FUJI PHOTO FILM B.V. A-421-806-001 321.23%

ALL OTHERS A-421-806-000 321.23%

JAPAN

FUJI PHOTO FILM CO., LTD. A-588-832-001 360.95%

ALL OTHERS A-588-832-000 360.95%

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED VIA E-MAIL, THROUGH THE
REGIONAL ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, TO THE
TRADE COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH
USING ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT JOHN BECK OF THE OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE
(202) 482-3464.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN