MESSAGE NO: 8198203
DATE: 07 16 2008
CATEGORY: ADA
TYPE: FIN
REFERENCE: 8099203
REFERENCE DATE: 04 08 2008
CASES:
A - 570 - 916
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PERIOD COVERED:
06 24 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF FINAL DETERMINATION IN ANTIDUMPING DUTY
INVESTIGATION OF LAMINATED WOVEN SACKS FROM SACKS
(A-570-916-000 THROUGH A-570-916-014)
1.
ON 06/24/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN
FAIR VALUE AND PARTIAL AFFIRMATIVE DETERMINATION OF CRITICAL
CIRCUMSTANCES IN THE ANTIDUMPING DUTY INVESTIGATION OF LAMINATED
WOVEN SACKS (LWS) FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) (73
FR 35646).
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
BIAXIALLY-ORIENTED POLYPROPYLENE (BOPP) OR TO AN EXTERIOR PLY OF
PAPER THAT IS SUITABLE FOR HIGH QUALITY PRINT GRAPHICS (PAPER
SUITABLE FOR HIGH QUALITY PRINT GRAPHICS, AS USED HEREIN, MEANS
PAPER HAVING AN ISO BRIGHTNESS OF 82 OR HIGHER AND A SHEFFIELD
SMOOTHNESS OF 250 OR LESS.
COATED FREE SHEET IS AN EXAMPLE OF A
PAPER SUITABLEFOR 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, LAY-FLAT 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 ENDOR IN ROLL FORM (INCLUDING SHEETS,
LAY-FLAT 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 MEASURE 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.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-916.
4.
THE DEPARTMENT OF COMMERCE NOW DETERMINES THAT CRITICAL
CIRCUMSTANCES EXIST FOR IMPORTS OF LAMINATED WOVEN SACKS FROM THE
PRC FROM:
MFR/PRODUCER
EXPORTER
EXPORTED AND MANUFACTURED BY
ZIBO AIFUDI PLASTIC PACKAGING CO., LTD.
A-570-916-002
EXPORTED BY
POLYWELL INDUSTRIAL CO.,
A.K.A. FIRST WAY (H.K.) LIMITED
AND MANUFACTURED BY
POLYWELL PLASTIC PRODUCT FACTORY
A-570-916-003
EXPORTED AND MANUFACTURED BY
ZIBO LINZI WORUN PACKING PRODUCT CO., LTD.
A-570-916-004
EXPORTED AND MANUFACTURED BY
SHANDONG QIKAI PLASTICS PRODUCT CO., LTD.
A-570-916-005
EXPORTED AND MANUFACTURED BY
CHANGLE BAODU PLASTIC CO. LTD.
A-570-916-006
EXPORTED AND MANUFACTURED BY
ZIBO LINZI SHUAIQIANG PLASTICS CO. LTD.
A-570-916-007
EXPORTED AND MANUFACTURED BY
ZIBO LINZI QITIANLI PLASTIC FABRIC CO. LTD.
A-570-916-008
EXPORTED AND MANUFACTURED BY
SHANDONG YOULIAN CO. LTD.
A-570-916-009
EXPORTED AND MANUFACTURED BY
ZIBO LINZI LUITONG PLASTIC FABRIC CO. LTD.
A-570-916-010
EXPORTED AND MANUFACTURED BY
WENZHOU HOTSUN PLASTICS CO. LTD.
A-570-916-011
EXPORTED AND MANUFACTURED BY
JIANGSU HOTSUN PLASTICS CO. LTD.
A-570-916-012
EXPORTED AND MANUFACTURED BY
CANGNAN COLOR MAKE THE BAG
A-570-916-013
EXPORTED AND MANUFACTURED BY
ZIBO QIGAO PLASTIC CEMENT CO. LTD.
A-570-916-014
CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS THAT ARE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
11/02/2007 (SEE MESSAGE 8099203, DATED 04/08/2008). EFFECTIVE
06/24/2008, FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT OR
THE POSTING OF A BOND EQUAL TO THE MARGIN SHOWN BELOW IN
PARAGRAPH 6.
5.
EFFECTIVE 6/24/2008 CBP SHALL REQUIRE, FOR ENTRIES OF
LAMINATED WOVEN SACKS FROM THE PRC FROM THE EXPORTER/PRODUCER
COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE ANTIDUMPING DUTY RATES SHOWN BELOW:
MFR/PRODUCER
EXPORTER
EXPORTED AND MANUFACTURED BY
SHANGDONG SHOUGUANG JIANYUANCHUN CO., LTD.
SHANDONG LONGXING PLASTIC PACK CO. LTD.
A-570-916-001
91.73%
EXPORTED AND MANUFACTURED BY
ZIBO AIFUDI PLASTIC PACKAGING CO., LTD.
A-570-916-002
64.28%
EXPORTED BY
POLYWELL INDUSTRIAL CO.,
A.K.A. FIRST WAY (H.K.) LIMITED
AND MANUFACTURED BY
POLYWELL PLASTIC PRODUCT FACTORY
A-570-916-003
64.28%
EXPORTED AND MANUFACTURED BY
ZIBO LINZI WORUN PACKING PRODUCT CO., LTD.
A-570-916-004
64.28%
EXPORTED AND MANUFACTURED BY
SHANDONG QIKAI PLASTICS PRODUCT CO., LTD.
A-570-916-005
64.28%
EXPORTED AND MANUFACTURED BY
CHANGLE BAODU PLASTIC CO. LTD.
A-570-916-006
64.28%
EXPORTED AND MANUFACTURED BY
ZIBO LINZI SHUAIQIANG PLASTICS CO. LTD.
A-570-916-007
64.28%
EXPORTED AND MANUFACTURED BY
ZIBO LINZI QITIANLI PLASTIC FABRIC CO. LTD.
A-570-916-008
64.28%
EXPORTED AND MANUFACTURED BY
SHANDONG YOULIAN CO. LTD.
A-570-916-009
64.28%
EXPORTED AND MANUFACTURED BY
ZIBO LINZI LUITONG PLASTIC FABRIC CO. LTD.
A-570-916-010
64.28%
EXPORTED AND MANUFACTURED BY
WENZHOU HOTSUN PLASTICS CO. LTD.
A-570-916-011
64.28%
EXPORTED AND MANUFACTURED BY
JIANGSU HOTSUN PLASTICS CO. LTD.
A-570-916-012
64.28%
EXPORTED AND MANUFACTURED BY
CANGNAN COLOR MAKE THE BAG
A-570-916-013
64.28%
EXPORTED AND MANUFACTURED BY
ZIBO QIGAO PLASTIC CEMENT CO. LTD.
A-570-916-014
64.28%
PRC WIDE RATE
A-570-916-000
91.73%
6.
FOR ALL OTHER ENTRIES OF LAMINATED WOVEN SACKS FROM THE PRC,
THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF LAMINATED WOVEN SACKS FROM THE
PEOPLE'S REPUBLIC OF CHINA WHICH HAVE NOT RECEIVED THEIR OWN
RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE PRC-WIDE RATE.
B. FOR ALL NON-PRC EXPORTERS OF LAMINATED WOVEN SACKS FROM THE
PEOPLE'S REPUBLIC OF CHINA WHICH HAVE NOT RECEIVED THEIR OWN
RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE
APPLICABLE TO THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED
THAT NON-PRC EXPORTER.
7.
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.
8.
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).
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE