MESSAGE NO: 8099203
DATE: 04 08 2008
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 916
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PERIOD COVERED:
11 02 2007
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: CASH DEPOSITS FOR THE PRELIMINARY AFFIRMATIVE CRITICAL
CIRCUMSTANCES FOR LAMINATED WOVEN SACKS FROM CHINA
(A-570-916-002 THRU -014)
1.
ON 01/31/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER (73 FR 5801) ITS AFFIRMATIVE PRELIMINARY
DETERMINATION OF CRITICAL CIRCUMSTANCES IN THE ANTIDUMPING DUTY
INVESTIGATION OF LAMINATED WOVEN SACKS FROM THE PEOPLE'S
REPUBLIC OF CHINA ("PRC") FOR THE FOLLOWING COMPANIES:
MFR/PRODUCER
CUSTOMS ID
MARGIN
EXPORTER
NUMBER
EXPORTED AND MANUFACTURED BY
ZIBO AIFUDI PLASTIC PACKAGING
A-570-916-002
108.09%
CO., LTD.
EXPORTED BY
POLYWELL INDUSTRIAL CO.,
A-570-916-003
87.60%
A.K.A. FIRST WAY (H.K.) LIMITED
AND MANUFACTURED BY
POLYWELL PLASTIC PRODUCT FACTORY
EXPORTED AND MANUFACTURED BY
ZIBO LINZI WORUN PACKING PRODUCT
A-570-916-004
87.60%
CO., LTD.
EXPORTED AND MANUFACTURED BY
SHANDONG QIKAI PLASTICS PRODUCT
A-570-916-005
87.60%
CO., LTD.
EXPORTED AND MANUFACTURED BY
CHANGLE BAODU PLASTIC CO. LTD.
A-570-916-006
87.60%
EXPORTED AND MANUFACTURED BY
ZIBO LINZI SHUAIQIANG PLASTICS
A-570-916-007
87.60%
CO. LTD.
EXPORTED AND MANUFACTURED BY
ZIBO LINZI QITIANLI PLASTIC
A-570-916-008
87.60%
FABRIC CO. LTD.
EXPORTED AND MANUFACTURED BY
SHANDONG YOULIAN CO. LTD
A-570-916-009
87.60%
EXPORTED AND MANUFACTURED BY
ZIBO LINZI LUITONG PLASTIC
A-570-916-010
87.60%
FABRIC CO. LTD.
EXPORTED AND MANUFACTURED BY
WENZHOU HOTSUN PLASTICS CO. LTD
A-570-916-011
87.60%
EXPORTED AND MANUFACTURED BY
JIANGSU HOTSUN PLASTICS CO. LTD.
A-570-916-012
87.60%
EXPORTED AND MANUFACTURED BY
CANGNAN COLOR MAKE THE BAG
A-570-916-013
87.60%
EXPORTED AND MANUFACTURED BY
ZIBO QIGAO PLASTIC CEMENT CO. LTD
A-570-916-014
87.60%
2.
U.S. CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND
LIQUIDATION OF THE THE ABOVE COMPANIES' ENTRIES OF LAMINATED
WOVEN SACKS FROM THE PRC THAT ARE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/02/2007 (90 DAYS
PRIOR TO 01/31/2008 - THE DATE OF PUBLICATION OF THE PRELIMINARY
DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE FEDERAL
REGISTER).
CBP SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A
BOND EQUAL TO THE ESTIMATED PRELIMINARY DUMPING MARGINS AS
INDICATED ABOVE AND REFLECTED IN THE PRELIMINARY DETERMINATION
OF SALES AT LESS THAN FAIR VALUE PUBLISHED IN THE FEDERAL
REGISTER (73 FR 5801).
3.
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
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.
4.
FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-916.
5.
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 09:JB).
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
DAVID M. GENOVESE