Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 8344201
DATE: 12 09 2008
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 428 - 840
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PERIOD COVERED:
11 20 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: ANTIDUMPING DUTY ORDER IN THE ANTIDUMPING DUTY
INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM
GERMANY (A-428-840-000/001)
1.
ON 11/24/2008, COMMERCE PUBLISHED IN THE FEDERAL REGISTER 73
FR 70959, DATED 11/24/2008) ITS ANTIDUMPING DUTY ORDER IN THE
INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM GERMANY.
2.
THE PRODUCT COVERED BY THIS ANTIDUMPING DUTY ORDER 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 OR MINUS") 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
ANTIDUMPING DUTY ORDER; 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;
WITHTHERMAL 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 ANTIDUMPING DUTY ORDER 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
01/01/2007. 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 ANTIDUMPING DUTY ORDER 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 THIS
ANTIDUMPING DUTY ORDER IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER (A-428-840).
4.
THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
COMMERCE DEPARTMENT THAT IMPORTS OF LIGHTWEIGHT THERMAL PAPER
FROM GERMANY THREATEN MATERIAL INJURY TO THE U.S. INDUSTRY.
THE
ITC DID NOT DETERMINE, BUT FOR THE SUSPENSION OF LIQUIDATION OF
ENTRIES OF LIGHTWEIGHT THERMAL PAPER FROM GERMANY, THE DOMESTIC
INDUSTRY WOULD HAVE BEEN MATERIALLY INJURED.
THEREFORE, COMMERCE
WILL ISSUE SEPARATE INSTRUCTIONS TO CUSTOMS AND BORDER PROTECTION
TO TERMINATE SUSPENSION AND REFUND ANY CASH DEPOSIT AND RELEASE
ANY BOND OR OTHER SECURITY OF LIGHTWEIGHT THERMAL PAPER FROM
GERMANY FOR SHIPMENTS,ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION PRIOR TO 11/ 20/2008, THE DATE OF PUBLICATION OF THE
ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER.
FOR IMPORTS
OF LIGHTWEIGHT THERMAL PAPER FROM GERMANY, CUSTOMS AND BORDER
PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/20/2008.
EFFECTIVE 11/20/2008, CBP SHALL REQUIRE A CASH DEPOSIT.
EFFECTIVE 11/24/2008 CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO
THE MARGINS 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.
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).
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE