MESSAGE NO: 8073204
DATE: 03 13 2008
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 916
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
01 31 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF LAMINATED WOVEN SACKS FROM
CHINA
1.
ON 01/30/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF
SALES AT LESS THAN FAIR VALUE AND POSTPONEMENT OF THE FINAL
DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF
LAMINATED WOVEN SACKS ("LWS") FROM THE PEOPLE'S REPUBLIC OF
CHINA ("PRC") (73 FR 5801).
2. THE MERCHANDISE COVERED BY THIS INVESTIGATION IS LAMINATED
WOVEN SACKS.
LAMINATED WOVEN SACKS ARE BAGS OR SACKS
CONSISTING OF ONE OR MORE PLIES OF FABRIC CONSISTING OF WOVEN
POLYPROPYLENE STRIP AND/OR WOVEN POLYETHYLENE STRIP, REGARDLESS
OF THE WIDTH OF THE STRIP; WITH OR WITHOUT AN EXTRUSION COATING
OF POLYPROPYLENE AND/OR POLYETHYLENE ON ONE OR BOTH SIDES OF
THE FABRIC; LAMINATED BY ANY METHOD EITHER TO AN EXTERIOR PLY
OF PLASTIC FILM SUCH AS BIAXIALLYORIENTED POLYPROPYLENE
("BOPP") OR TO AN EXTERIOR PLY OF PAPER THAT IS SUITABLE FOR
HIGH QUALITY PRINT GRAPHICS; PRINTED WITH THREE COLORS OR MORE
IN REGISTER; WITH OR WITHOUT LINING; WHETHER OR NOT CLOSED ON
ONE END; WHETHER OR NOT IN ROLL FORM (INCLUDING SHEETS, LAYFLAT
TUBING, AND SLEEVES); WITH OR WITHOUT HANDLES; WITH OR WITHOUT
SPECIAL CLOSING FEATURES; NOT EXCEEDING ONE KILOGRAM IN WEIGHT.
LAMINATED WOVEN SACKS ARE TYPICALLY USED FOR RETAIL PACKAGING
OF CONSUMER GOODS SUCH AS PET FOODS AND BIRD SEED.
EFFECTIVE JULY 1, 2007, LAMINATED WOVEN SACKS ARE CLASSIFIABLE
UNDER HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS")
SUBHEADINGS 6305.33.0050 AND 6305.33.0080.
LAMINATED WOVEN
SACKS WERE PREVIOUSLY CLASSIFIABLE UNDER HTSUS SUBHEADING
6305.33.0020.
IF ENTERED WITH PLASTIC COATING ON BOTH SIDES OF
THE FABRIC CONSISTING OF WOVEN POLYPROPYLENE STRIP AND/OR WOVEN
POLYETHYLENE STRIP, LAMINATED WOVEN SACKS MAY BE CLASSIFIABLE
UNDER HTSUS SUBHEADINGS 3923.21.0080, 3923.21.0095, AND
3923.29.0000.
IF ENTERED NOT CLOSED ON ONE END OR IN ROLL FORM
(INCLUDING SHEETS, LAYFLAT TUBING, AND SLEEVES), LAMINATED
WOVEN SACKS MAY BE CLASSIFIABLE UNDER OTHER HTSUS SUBHEADINGS
INCLUDING 3917.39.0050, 3921.90.1100, 3921.90.1500, AND
5903.90.2500.
IF THE POLYPROPYLENE STRIPS AND/OR POLYETHYLENE
STRIPS MAKING UP THE FABRIC MEASURES MORE THAN 5 MILLIMETERS IN
WIDTH, LAMINATED WOVEN SACKS MAY BE CLASSIFIABLE UNDER OTHER
HTSUS SUBHEADINGS INCLUDING 4601.99.0500, 4601.99.9000, AND
4602.90.000. ALTHOUGH HTSUS SUBHEADINGS ARE P
ROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-916.
4.
FOR IMPORTS OF LWS FROM THE PRC, U.S. CUSTOMS AND BORDER
PROTECTION ("CBP") SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER 01/31/2008.
EFFECTIVE 01/31/2008 CUSTOMS SHALL REQUIRE,
FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL
TO THE MARGINS SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
MARGIN
EXPORTER
NUMBER
EXPORTED AND MANUFACTURED BY
A-570-916-001
63.89%
SHANGDONG SHOUGUANG
JIANYUANCHUN CO., LTD.
SHANDONG LONGXING PLASTIC PACK
CO. LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-002
108.09
ZIBO AIFUDI PLASTIC PACKAGING
CO., LTD.
EXPORTED BY
A-570-916-003
87.60%
POLYWELL INDUSTRIAL CO.,
A.K.A. FIRST WAY (H.K.) LIMITED
AND MANUFACTURED BY
POLYWELL PLASTIC PRODUCT FACTORY
EXPORTED AND MANUFACTURED BY
A-570-916-004
87.60%
ZIBO LINZI WORUN PACKING PRODUCT
CO., LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-005
87.60%
SHANDONG QIKAI PLASTICS PRODUCT
CO., LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-006
87.60%
CHANGLE BAODU PLASTIC CO. LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-007
87.60%
ZIBO LINZI SHUAIQIANG PLASTICS
CO. LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-008
87.60%
ZIBO LINZI QITIANLI PLASTIC
FABRIC CO. LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-009
87.60%
SHANDONG YOULIAN CO. LTD
EXPORTED AND MANUFACTURED BY
A-570-916-010
87.60%
ZIBO LINZI LUITONG PLASTIC
FABRIC CO. LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-011
87.60%
WENZHOU HOTSUN PLASTICS CO. LTD
EXPORTED AND MANUFACTURED BY
A-570-916-012
87.60%
JIANGSU HOTSUN PLASTICS
CO. LTD.
EXPORTED AND MANUFACTURED BY
A-570-916-013
87.60%
CANGNAN COLOR MAKE THE BAG
EXPORTED AND MANUFACTURED BY
A-570-916-014
87.60%
ZIBO QIGAO PLASTIC CEMENT
CO. LTD
PRC-WIDE RATE
A-570-916-000
108.09%
5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,
CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION
AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR
THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION
TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING
DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH
RESPECT TO THESE BONDING REQUIREMENTS.
6. 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9:JB).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE