Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 8308202
DATE: 11 03 2008
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 428 - 840
-
-
-
-
-
-
-
-
-
-
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 GERMANY
(A-428-840-000/001)
1. ON OCTOBER 2, 2008, THE DEPARTMENT OF COMMERCE (DOC)
PUBLISHED IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM GERMANY (A-
428-840).
2. THE PRODUCT 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
4.0 G/M2) OR LESS; IRRESPECTIVE OF DIMENSIONS;
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 ROLLS AND
CONVERTED ROLLS (AS WELL AS LWTP IN ANY OTHER FORMS,
PRESENTATIONS, OR DIMENSIONS) ARE COVERED BY THE SCOPE OF THIS
INVESTIGATION; WITH OR WITHOUT A BASE COAT (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.) ON ONE OR
BOTH SIDES; WITH THERMAL ACTIVE COATING(S) (A THERMAL ACTIVE
COATING IS TYPICALLY MADE OF SENSITIZER, DYE, AND CO- REACTANT)
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 (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.);
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 THIS INVESTIGATION MAY BE CLASSIFIED
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
UNDER SUBHEADINGS 4811.90.8040 AND 4811.90.9090. (HTSUS
SUBHEADING 4811.90.8000 WAS A CLASSIFICATION USED FOR LWTP
UNTIL
JANUARY 1, 2007.
EFFECTIVE THAT DATE, SUBHEADING
4811.90.8000 WAS REPLACED WITH 4811.90.8020 (FOR GIFT WRAP, A
NON-SUBJECT PRODUCT) AND 4811.90.8040 (FOR "OTHER," INCLUDING
LWTP).
HTSUS SUBHEADING 4811.90.9000 WAS A CLASSIFICATION FOR LWTP
UNTIL JULY 1, 2005.
EFFECTIVE THAT DATE, SUBHEADING
4811.90.9000 WAS REPLACED WITH 4811.90.9010 (FOR TISSUE PAPER, A
NON-SUBJECT PRODUCT) AND 4811.90.9090 (FOR OTHER, INCLUDING
LWTP).
THE DOC ADDED TO THE SCOPE OF THE INVESTIGATION THE
FOLLOWING HTSUS SUBHEADINGS: 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.
3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-428-840.
4. FOR IMPORTS OF LIGHTWEIGHT THERMAL PAPER FROM GERMANY,
CUSTOMS AND BORDER PROTECTION SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 13, 2008.
EFFECTIVE OCTOBER 2, 2008 CBP SHALL REQUIRE FOR ENTRIES A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS/SUBSIDY
RATES SHOWN BELOW:
PRODUCER:
PAPIERFABRIK AUGUST KOEHLER AG AND KOEHLER
AMERICA, INC. (COLLECTIVELY, KOEHLER)
EXPORTER: PAPIERFABRIK AUGUST KOEHLER AG AND KOEHLER
AMERICA, INC. (COLLECTIVELY, KOEHLER)
CASE NUMBER:
A-428-840-001
CASH DEPOSIT RATE: 6.50 %
PRODUCER:
ALL OTHERS
EXPORTER:
ALL OTHERS
CASE NUMBER:
A-428-840-000
CASH DEPOSIT RATE:
6.50 %
5. 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 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
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.
6. 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 O3: GM).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE