MESSAGE NO: 4252111 DATE: 09 09 1994
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 832 - -
- - - -
- - - -

PERIOD COVERED: 08 24 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: SUSPENSION OF THE ANTIDUMPING INVESTIGATION ON COLOR
NEGATIVE PHOTOGRAPHIC PAPER FROM JAPAN (A-588-832)


1. THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN THE
FEDERAL REGISTER (AUGUST 24, 1994: 59 FR 43537) NOTICE OF ITS
SUSPENSION OF THE INVESTIGATION OF COLOR NEGATIVE PHOTOGRAPHIC
PAPER AND COMPONENTS THEREOF (CNPP) FROM JAPAN. IMPORTS OF CNPP
FROM JAPAN ARE NOW SUBJECT TO THE TERMS AND CONDITIONS PURSUANT
TO THE SUSPENSION AGREEMENT BETWEEN THE DEPARTMENT AND THE
SIGNATORY COMPANIES (FUJI PHOTO FILM CO., LTD. AND THE KONICA
CORPORATION).

2. FOR PURPOSES OF THE AGREEMENT, CNPP IS ALL SENSITIZED,
UNEXPOSED SILVER-HALIDE COLOR NEGATIVE PHOTOGRAPHIC PAPER FROM
JAPAN, WHETHER IN MASTER ROLLS, SMALLER ROLLS OR SHEETS. SUBJECT
CHEMICAL COMPONENTS ARE 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 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 THE AGREEMENT ARE; (1) ALL PAPER
AND CHEMICAL PRODUCTS NOT USED IN THE SILVER-HALIDE PROCESS WHICH
ARE USED IN OTHER IMAGING TECHNOLOGIES: (2) PRECURSORS OF
SENSITIZED (WHETHER CHEMICALLY OR SPECTRALLY) AND UNSENSITIZED
EMULSIONS (INCLUDING "SEED EMULSIONS" THAT ARE USED EXCLUSIVELY
IN THE PROCESS OF PRODUCING UNSENSITIZED EMULSIONS AND DO NOT
EXCEED 0.25 MICRONS IN GRAIN SIZE (IN CUBIC EDGE LENGTH)),
COUPLERS AND COUPLER DISPERSIONS; AND (3) THOSE ITEMS ENTERED
UNDER THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
SUBHEADINGS 3707.10.0000, 3707.90.3000, 3707.90.6000,
2933.19.3000, 2933.90.2500 AND 2934.90.2000, WHICH ARE PRECURSORS
OF COUPLERS, EMULSIONS AND COUPLER DISPERSIONS (EXCEPT COUPLERS
DISPERSED IN WATER-GEL SOLUTION) OR ARE COUPLERS, EMULSIONS, AND
COUPLER DISPERSIONS NOT FOR ACTUAL USE IN THE COLOR NEGATIVE
PHOTOGRAPHIC PAPER PRODUCTION PROCESS. 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 THE AGREEMENT IS 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 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 NEGATIVE PHOTOGRAPHIC PAPER SUBJECT TO THE
AGREEMENT ARE 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.

3. THE U.S. CUSTOMS SERVICE SHALL DISCONTINUE SUSPENSION OF
LIQUIDATION OF ANY ENTRIES OF CNPP FROM JAPAN. ANY CASH DEPOSITS
ON ENTRIES OF CNPP FROM JAPAN PURSUANT TO THE DEPARTMENT'S
SUSPENSION OF LIQUIDATION INSTRUCTIONS ISSUED ON APRIL 6, 1994,
SHALL BE REFUNDED AND ANY BONDS SHALL BE RELEASED.




4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES PRIOR TO THE DATE
OF THE ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF
PAYMENT OF ESTIMATED ANTDIUMPING DUTIES THROUGH THE DATE OF
LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE
RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE
OF1954 FOR SUCH PERIOD.

5. IF THERE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH,
USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT STEVEN PRESING AT (202)
482-0194, OFFICE OF AGREEMENTS COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OFCOMMERCE.

6. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.


NANCY MCTIERNAN