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Full text as published by U.S. Customs and Border Protection
1.
On 10/11/2018 Commerce published in the Federal Register (83 FR 51436) its preliminary determination of sales at less than fair value in the antidumping duty investigation of laminated woven sacks from the Socialist Republic of Vietnam (Vietnam).
2.
The merchandise covered by this investigation is laminated woven sacks.
Laminated woven sacks are bags 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), polyester (PET), polyethylene (PE), nylon, or any film suitable for printing, or to an exterior ply of paper; printed; displaying, containing, or comprising three or more visible colors (e.g., laminated woven sacks printed with three different shades of blue would be covered by the scope), not including the color of the woven fabric; regardless of the type of printing process used; with or without lining; with or without handles; with or without special closing features (including, but not limited to, closures that are sewn, glued, easy-open (e.g., tape or thread), re-closable (e.g., slider, hook and loop, zipper), hot-welded, adhesive-welded, or press- to-close); whether finished or unfinished (e.g., whether or not closed on one end and whether or not in roll form, including, but not limited to, sheets, lay-flat, or formed in tubes); not exceeding one kilogram in actual weight.
Laminated woven sacks produced in the Socialist Republic of Vietnam are subject to the scope regardless of the country of origin of the fabric used to make the sack.
The scope of this investigation excludes laminated woven sacks having each of the following physical characteristics:
(1) no side greater than 24 inches, (2) weight less than 100 grams, (3) an open top that is neither sealable nor closable, the rim of which is hemmed or sewn around the entire circumference, (4) carry handles sewn on the open end, (5) side gussets, and (6) either a bottom gusset or a square or rectangular bottom.
The excluded items with the above-mentioned physical characteristics may be referred to as reusable shopping bags.
Subject laminated woven sacks are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 6305.33.0040 and 6305.33.0080.
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, but not limited to, 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 4602.90.0000.
Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.
3.
This proceeding has been assigned case number A-552-823.
4.
For imports of laminated woven sacks from Vietnam, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 10/11/2018.
Effective 10/11/2018, CBP shall require, for entries of laminated woven sacks from Vietnam from the exporter/producer combinations listed below, a cash deposit equal to the antidumping duty cash deposits shown below:
Exporter:
Vietnam-Wide Entity
Case number:
A-552-823-000
Cash deposit rate:
289.88%
Note to CBP:
The Vietnam-Wide entity includes Xinsheng Plastic Industry Co., Ltd., including merchandise it claims to be country of origin Cambodia.
Accordingly, Commerce has established a case number for such merchandise declared as country of origin Cambodia.
Exporter:
Xinsheng Plastic Industry Co., Ltd.,
Third country Processor:
Xinsheng Cambodia Plastic Pack (Cambodia) Co. Ltd. (Xinsheng Cambodia)
Third Country:
Cambodia
Third Country Case Number:
A-555-901-001
Cash deposit rate:
289.88 %
Exporter:
Duong Vinh Hoa Packaging Company Limited
Producer:
Duong Vinh Hoa Packaging Company Limited
Case number:
A-552-823-001
Cash deposit rate:
158.43%
Exporter:
C.P. Packaging (Vietnam) Industry Co., Ltd.
Producer:
C.P. Packaging (Vietnam) Industry Co., Ltd.
Case number:
A-552-823-002
Cash deposit rate:
156.19%
Exporter:
Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co. and Tan Dai Hung Plastic Joint Stock Company
Producer:
Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co. and Tan Dai Hung Plastic Joint Stock Company
Case number:
A-552-823-003
Cash deposit rate:
156.19%
Exporter:
TKMB Joint Stock Company
Producer:
TKMB Joint Stock Company
Case number:
A-552-823-004
Cash deposit rate:
156.19%
Exporter:
Trung Dong Corporation
Producer:
Trung Dong Corporation
Case number:
A-552-823-005
Cash deposit rate:
156.19%
5.
For all other entries of laminated woven sacks from Vietnam, the following cash deposit instructions apply:
A.
For all Vietnam exporters of laminated woven sacks from Vietnam which have not received their own rate, the cash deposit rate will be the Vietnam-wide rate.
B.
For all non-Vietnam exporters of laminated woven sacks from Vietnam which have not received their own rate, the cash deposit rate will be the rate applicable to the exporter/producer combinations that supplied that non-Vietnam exporter.
6.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by O4:DJ.)
7.
There are no restrictions on the release of this information.
Alexander Amdur