MESSAGE NO: 8093202
DATE: 04 02 2008
CATEGORY: CVD
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
C - 570 - 921
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PERIOD COVERED:
03 14 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF A PRELIMINARY DETERMINATION IN COUNTERVAILING
DUTY INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM
CHINA (C-570-921-000/001/002/003/004)
1. ON 03/14/2008, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN
THE FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION
AND ALIGNMENT OF ITS FINAL COUNTERVAILING DUTY DETERMINATION OF
LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLE'S REPUBLIC OF CHINA
FROM MAY 21, 2008 UNTIL NO LATER THAN JULY 21, 2008, THEREBY
ALIGNING IT WITH THE DUE DATE FOR THE FINAL DETERMINATION IN
THE ANTIDUMPING DUTY INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER
FROM THE PEOPLE'S REPUBLIC OF CHINA.
2. THE PRODUCT COVERED BY THIS INVESTIGATION INCLUDES CERTAIN
LIGHTWEIGHT THERMAL PAPER (LWTP), WHICH IS THERMAL PAPER WITH A
BASIS WEIGHT OF 70 GRAMS PER SQUARE METER (G/M2) (WITH A
TOLERANCE OF ("PLUS OR MINUS") 4.0 G/M2) OR LESS; IRRESPECTIVE
OF DIMENSIONS (LWTP IS TYPICALLY PRODUCED IN JUMBO ROLLS THAT
ARE SLIT TO THE SPECIFICATIONS OF THE CONVERTING EQUIPMENT AND
THEN CONVERTED INTO FINISHED SLIT ROLLS. BOTH JUMBO ROLLS AND
CONVERTED ROLLS (AS WELL AS LWTP IN ANY OTHER FORMS,
PRESENTATIONS, OR DIMENSIONS) ARE COVERED BY THE SCOPE OF THIS
INVESTIGATION.); WITH OR WITHOUT A BASE COAT (A BASE COAT, WHEN
APPLIED, IS TYPICALLY MADE OF CLAY AND/OR LATEX AND LIKE
MATERIALS AND IS INTENDED TO COVER THE ROUGH SURFACE OF THE
PAPER SUBSTRATE AND TO PROVIDE INSULATING VALUE.) ON ONE OR
BOTH SIDES; WITH THERMAL ACTIVE COATING(S) (A THERMAL ACTIVE
COATING IS TYPICALLY MADE OF SENSITIZER, DYE, AND CO-REACTANT.)
ON ONE OR BOTH SIDES THAT IS A MIXTURE OF THE DYE AND THE
DEVELOPER THAT REACT AND FORM AN IMAGE WHEN HEAT IS
APPLIED; WITH OR WITHOUT A TOP COAT (A TOP COAT, WHEN APPLIED,
IS TYPICALLY MADE OF POLYVINYL ACETONE, POLYVINYL ALCOHOL,
AND/OR LIKE MATERIALS AND IS INTENDED TO PROVIDE ENVIRONMENTAL
PROTECTION, AN IMPROVED SURFACE FOR PRESS PRINTING, AND/OR WEAR
PROTECTION FOR THE THERMAL PRINT HEAD.); AND WITHOUT AN
ADHESIVE BACKING.
CERTAIN LIGHTWEIGHT THERMAL PAPER IS
TYPICALLY (BUT NOT EXCLUSIVELY) USED IN POINT-OF-SALE
APPLICATIONS SUCH AS ATM RECEIPTS, CREDIT CARD RECEIPTS, GAS
PUMP RECEIPTS, AND RETAIL STORE RECEIPTS.
THE MERCHANDISE
SUBJECT TO THIS INVESTIGATION MAY BE CLASSIFIED IN THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) UNDER
SUBHEADINGS 4811.90.8040 AND 4811.90.9090. (HTSUS SUBHEADING
4811.90.8000 WAS A CLASSIFICATION USED FOR LWTP UNTIL JANUARY
1, 2007. EFFECTIVE THAT DATE, SUBHEADING 4811.90.8000 WAS
REPLACED WITH 4811.90.8020 (FOR GIFT WRAP, A NON-SUBJECT
PRODUCT) AND 4811.90.8040 (FOR "OTHER," INCLUDING LWTP).
PETITIONER INDICATED THAT, FROM TIME TO TIME, LWTP ALSO MAY
HAVE ENTERED UNDER HTSUS SUBHEADING 3703.90, HTSUS HEADING 4805,
AND PERHAPS OTHER SUBHEADINGS OF THE HTSUS.) ALTHOUGH HTSUS
SUBHEADINGS ARE PROVIDED 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: C-570-921.
4. FOR IMPORTS OF LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLE'S
REPUBLIC OF CHINA, EXCEPT LIGHTWEIGHT THERMAL PAPER FROM THE
PEOPLE'S REPUBLIC OF CHINA MANUFACTURERED/EXPORTED BY SHANGHAI
HANHONG PAPER CO., LTD. (C-570-921-002), WHICH HAD A DE MINIMIS
RATE, THE BUREAU OF CUSTOMS AND BORDER PROTECTION SHALL SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 03/14/2008. EFFECTIVE
03/14/2008 CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE SUBSIDY RATES
SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
AD VALOREM
EXPORTER
NUMBER
SUBSIDY RATE
GUANGDONG GUANHAO HIGH-TECH
CO., LTD./ZHANJIANG GUANLONG
PAPER INDUSTRIAL CO., LTD
C-570-921-001
5.68
SHENZHEN YUANMING INDUSTRIAL
DEVELOPMENT CO., LTD.
C-570-921-003
59.50
MDCN TECHNOLOGY CO., LTD.
C-570-921-004
59.50
ALL OTHERS
C-570-921-000
5.68
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 O1:DEN).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE