MESSAGE NO: 5081206
DATE: 03 22 2005
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 475 - 059
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PERIOD COVERED:
10 01 1999
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: ANTIDUMPING SCOPE RULING ON PRESSURE SENSITIVE PLASTIC
FROM ITALY (A-475-059)
1. ON 11/07/2000, IN RESPONSE TO A REQUEST BY CCL INDUSTRIES LLC
D.B.A. CST SPECIAL TAPES (CST), THE DEPARTMENT OF COMMERCE ISSUED
A FINAL SCOPE RULING THAT CST'S SURFACE PROTECTION TAPES ARE NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY FINDING COVERING
PRESSURE SENSITIVE PLASTIC TAPE FROM ITALY (A-475-059).
2. THE COMMERCE DEPARTMENT DETERMINED THAT CST'S PRODUCT(S) DO
NOT HAVE COMPARABLE TENSILE STRENGTH TO IN-SCOPE MERCHANDISE.
FURTHER, UNLIKE IN-SCOPE MERCHANDISE, CST'S SURFACE PROTECTION
TAPES ARE NOT PERMANENTLY TACKY AT ROOM TEMPERATURE, DO NOT
ADHERE TO A VARIETY OF SURFACES, AND DO NOT HAVE A STRONG
ADHESIVE HOLDING FORCE.
FINALLY, CST'S PRODUCTS ARE NOT USED FOR
THE SEALING OF CORRUGATED BOXES OR FOR THE MANUFACTURE OF PRINTED
LABELS. THEREFORE, CST'S PRODUCTS (PRODUCT NUMBERS A500/3,
A501/3, A505/3, A508, A751, A758/3, A1005/3, A9010/3, A908,
A1205/3, AH401/3, AH1012, B502, B505, B508, B509, B755,
B758,B759,B908, B9010, BH508, C505, C758/3, C808/3, C808/2,
C1008/3, C1208/3, 113.04.SA, 107.04SA, 119.04.SA, ARE NOT WITHIN
THE SCOPE OF THE ANTIDUMPING DUTY FINDING COVERING PRESSURE
SENSITIVE PLASTIC TAPE FROM ITALY.
3. EFFECTIVE 10/01/1999, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF CST'S SURFACE
PROTECTION TAPES LISTED ABOVE.
4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE CST'S SURFACE PROTECTION TAPES
LISTED ABOVE.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS, OR ASSESS
INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES IS REQUIRED 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 OF
1954 FOR SUCH PERIOD.
6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PRESSURE
SENSITIVE PLASTIC TAPE SUBJECT TO THE ANTIDUMPING DUTY FINDING
COVERING PRESSURE SENSITIVE PLASTIC TAPE FROM ITALY.
7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O4:RT).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA