PRELIMINARY DETERMINATION IN THE ANTIDUMPING INVESTIGATION OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM THE PRC (A-570-867)

MESSAGE NO: 1305201 DATE: 11 01 2001 CATEGORY: ADA TYPE: PRE REFERENCE: REFERENCE DATE: CASES: A - 570 - 867 - - - - - - - - - - PERIOD COVERED: 09 19 2001 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: PRELIMINARY DETERMINATION IN THE ANTIDUMPING INVESTIGATION OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM THE PRC (A-570-867) 1. ON SEPTEMBER 19, 2001, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM THE PEOPLE'S REPUBLIC OF CHINA. ON OCTOBER 24, 2001, THE DEPARTMENT PUBLISHED IN THE FEDERAL REGISTER ITS AMENDED PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM THE PEOPLE'S REPUBLIC OF CHINA. THIS MESSAGE CONSTITUTES THE FIRST MESSAGE REGARDING A CASH DEPOSIT RATE AS NO INSTRUCTIONS WERE SENT TO CUSTOMS OFFICIALS AFTER ISSUANCE OF THE ORIGINAL PRELIMINARY DETERMINATION ON SEPTEMBER 19, 2001. 2. SCOPE LANGUAGE THE PRODUCTS COVERED BY THIS INVESTIGATION ARE AUTOMOTIVE REPLACEMENT GLASS ("ARG") WINDSHIELDS, AND PARTS THEREOF, WHETHER CLEAR OR TINTED, WHETHER COATED OR NOT, AND WHETHER OR NOT THEY INCLUDE ANTENNAS, CERAMICS, MIRROR BUTTONS OR VIN NOTCHES, AND WHETHER OR NOT THEY ARE ENCAPSULATED. ARG WINDSHIELDS ARE LAMINATED SAFETY GLASS (I.E., TWO LAYERS OF (TYPICALLY FLOAT) GLASS WITH A SHEET OF CLEAR OR TINTED PLASTIC IN BETWEEN (USUALLY POLYVINYL BUTYRAL)), WHICH ARE PRODUCED AND SOLD FOR USE BY AUTOMOTIVE GLASS INSTALLATION SHOPS TO REPLACE WINDSHIELDS IN AUTOMOTIVE VEHICLES (E.G., PASSENGER CARS, LIGHT TRUCKS, VANS, SPORT UTILITY VEHICLES, ETC.) THAT ARE CRACKED, BROKEN OR OTHERWISE DAMAGED. ARG WINDSHIELDS SUBJECT TO THIS INVESTIGATION ARE CURRENTLY CLASSIFIABLE UNDER SUBHEADING 7007.21.10.10 OF THE HARMONIZED TARIFF SCHEDULES OF THE UNITED STATES (HTSUS). SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION ARE LAMINATED AUTOMOTIVE WINDSHIELDS SOLD FOR USE IN ORIGINAL ASSEMBLY OF VEHICLES. WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-867. 4. FOR IMPORTS OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM THE PEOPLE'S REPUBLIC OF CHINA, THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER SEPTEMBER 19, 2001. EFFECTIVE SEPTEMBER 19, 2001 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 PERCENTAGE FUYAO GLASS INDUSTRY GROUP CO., LTD. ("FYG") A-570-867-001 3.04% XINYI AUTOMOTIVE GLASS (SHENZHEN) COMPANY, LTD. ("XINYI") A-570-867-002 0.0% SHENZHEN BENXUN AUTO-GLASS CO., LTD. ("BENXUN") A-570-867-003 3.04% CHANGCHUN PILKINGTON SAFETY GLASS COMPANY LTD. ("CHANGCHUN") A-570-867-004 3.04% GUILIN PILKINGTON SAFETY GLASS CO., LTD. ("GUILIN") A-570-867-005 3.04% WUHAN YAOHUA PILKINGTON SAFETY GLASS ("WUHAN") A-570-867-006 3.04% TCG INTERNATIONAL INC. ("TCGI") A-570-867-007 3.04% CHINA-WIDE 124.50% 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT STEPHEN BAILEY, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-1102. 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ