Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 8290201
DATE: 10 16 2008
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 920
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PERIOD COVERED:
10 02 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM CHINA
(A-57O-920-000/001/002)
1. THE DEPARTMENT OF COMMERCE (COMMERCE) HAS PUBLISHED IN THE
FEDERAL REGISTER,(73 FR 57329, 10/02/2008), ITS FINAL
DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING
DUTY INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLES
REPUBLIC OF CHINA (PRC).
2. THE MERCHANDISE COVERED BY THIS INVESTIGATION INCLUDES CERTAIN
LIGHTWEIGHT THERMAL PAPER, WHICH IS THERMAL PAPER WITH A BASIS
WEIGHT OF 70 GRAMS PER SQUARE METER (G/M2) (WITH A TOLERANCE OF
PLUS/MINUS 4.0 G/M2) OR LESS; IRRESPECTIVE OF DIMENSIONS; (1)
WITH OR WITHOUT A BASE COAT (2) ON ONE OR BOTH SIDES; WITH
THERMAL ACTIVE COATING(S) (3) 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; (4)
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 THESE INVESTIGATIONS MAY BE CLASSIFIED
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
UNDER SUBHEADINGS 4811.90.8040, 4811.90.9090 /5/, 3703.10.60,
4811.59.20, 4820.10.20, AND 4823.40.00 ALTHOUGH HTSUS SUBHEADINGS
ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN
DESCRIPTION OF THE SCOPE OF THESE INVESTIGATIONS ARE DISPOSITIVE.
FOOTNOTES:
(1) 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 AND CONVERTED ROLLS (AS
WELL AS LWTP IN ANY OTHER FORM, PRESENTATION, OR DIMENSION) ARE
COVERED BY THE SCOPE OF THESE INVESTIGATIONS.
(2) 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.
(3) A THERMAL ACTIVE COATING IS TYPICALLY MADE OF SENSITIZER,
DYE, AND CO-REACTANT.
(4) 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.
(5) HTSUS SUBHEADING 4811.90.8000 WAS A CLASSIFICATION USED FOR
LWTP UNTIL 01/01/07. EFFECTIVE THAT DATE, SUBHEADING 4811.90.8000
WAS REPLACED WITH 4811.90.8020 (FOR GIFT WRAP, A NONSUBJECT
PRODUCT) AND 4811.90.8040 (FOR OTHER INCLUDING LWTP). HTSUS
SUBHEADING 4811.90.9000 WAS A CLASSIFICATION FOR LWTP UNTIL
07/01/2005.
EFFECTIVE THAT DATE, SUBHEADING 4811.90.9000 WAS
REPLACED WITH 4811.90.9010 (FOR TISSUE PAPER, A NONSUBJECT
PRODUCT) AND 4811.90.9090 (FOR OTHER, INCLUDING LWTP). PETITIONER
INDICATED THAT, FROM TIME TO TIME, LWTP ALSO MAY HAVE BEEN
ENTERED UNDER HTSUS SUBHEADING 3703.90, HTSUS HEADING 4805,
AND PERHAPS OTHER SUBHEADINGS OF THE HTSUS, INCLUDING HTSUS
SUBHEADINGS: 3703.10.60, 4811.59.20, 4820.10.20, AND 4823.40.00.
3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-920.
4. FOR IMPORTS OF LIGHTWEIGHT THERMAL PAPER 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 05/13/2008.
5. EFFECTIVE 10/02/2008 CBP SHALL REQUIRE, FOR ENTRIES OF
LIGHTWEIGHT THERMAL PAPER FROM THE EXPORTER AND PRODUCER
COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE ANTIDUMPING DUTY RATES SHOWN BELOW:
EXPORTER:
PRC-ENTITY
PRODUCER:
PRC-ENTITY
CASE NUMBER:
A-570-920-000
CASH DEPOSIT RATE: 115.29
EXPORTER: SHANGHAI HANHONG PAPER CO., LTD., A.K.A., HANHONG
INTERNATIONAL LIMITED
PRODUCER:
SHANGHAI HANHONG PAPER CO., LTD.
CASE NUMBER:
A-570-920-001
CASH DEPOSIT RATE:
115.29
EXPORTER:
GUANGDONG GUANHAO HIGH-TECH CO., LTD.
PRODUCER:
GUANGDONG GUANHAO HIGH-TECH CO., LTD.
CASE NUMBER:
A-570-920-002
CASH DEPOSIT RATE:
19.64
(GUANGDONG GUANHAO HIGH-TECH CO., LTD.S (GUANHAO) CASH DEPOSIT
RATE HAS BEEN ADJUSTED FOR THE 0.13 PERCENT EXPORT SUBSIDY RATE
DETERMINED FOR GUANHAO IN THE COMPANION PRELIMINARY AFFIRMATIVE
COUNTERVAILING DUTY DETERMINATION OF LIGHTWEIGHT THERMAL PAPER
FROM THE PRC (73 FR 57329,57332 10/02/2008))
6. FOR ALL OTHER ENTRIES OF LIGHTWEIGHT THERMAL PAPER FROM THE
PRC, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF LIGHTWEIGHT THERMAL PAPER 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 LIGHTWEIGHT THERMAL PAPER WHICH
HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING
RATE WILL BE THE RATE APPLICABLE TO THE PRODUCER AND 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 O8:FMV).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE