COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM CHINA (C-570-921-000/001/003/004/005)

MESSAGE NO: 8344202 DATE: 12 09 2008 CATEGORY: CVD TYPE: ORD REFERENCE: REFERENCE DATE: CASES: C - 570 - 921 - - - - - - - - - - PERIOD COVERED: 11 20 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM CHINA (C-570-921-000/001/003/004/005) 1. ON 11/24/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER (73 FR 70958) ITS COUNTERVAILING DUTY ORDER AND AMENDED FINAL DETERMINATION, IN THE INVESTIGATION OF LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLE'S REPUBLIC OF CHINA. 2. THE MERCHANDISE COVERED BY THIS 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/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 THIS ORDER MAY BE CLASSIFIED IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) UNDER SUBHEADINGS 4811.90.8040, 4811.90.9090, 3703.10.60, 4811.59.20, 4820.10.20, AND 4823.40.00 /5/. ALTHOUGH HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS ORDER IS DISPOSITIVE. FOOTNOTES: (1) LIGHTWEIGHT THERMAL PAPER 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 LIGHTWEIGHT THERMAL PAPER IN ANY OTHER FORM, PRESENTATION, OR DIMENSION) ARE COVERED BY THE SCOPE OF THIS ORDER. (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 LIGHTWEIGHT THERMAL PAPER 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 LIGHTWEIGHT THERMAL PAPER). HTSUS SUBHEADING 4811.90.9000 WAS A CLASSIFICATION FOR LIGHTWEIGHT THERMAL PAPER 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 LIGHTWEIGHT THERMAL PAPER). 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER C-570-921. 4. THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE COMMERCE DEPARTMENT THAT IMPORTS OF LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLE'S REPUBLIC OF CHINA, 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 THE PEOPLE'S REPUBLIC OF CHINA, THE DOMESTIC INDUSTRY WOULD HAVE BEEN MATERIALLY INJURED. THEREFORE, COMMERCE WILL ISSUE SEPARATE INSTRUCTIONS TO U.S. CUSTOMS AND BORDER PROTECTION (CBP) TO TERMINATE SUSPENSION AND REFUND ANY CASH DEPOSIT AND RELEASE ANY BOND OR OTHER SECURITY OF LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLE'S REPUBLIC OF CHINA, 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 (73 FR 70367). CBP SHALL SUSPEND LIQUIDATION FOR LIGHTWEIGHT THERMAL PAPER FROM THE PEOPLE'S REPUBLIC OF CHINA WITH RESPECT TO SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/20/2008, THE DATE OF PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER (73 FR 70367), EXCEPT FOR LIGHTWEIGHT THERMAL PAPER MANUFACTURED/EXPORTED BY SHANGHAI HANHONG PAPER CO., LTD., (C-570-921-002) WHICH HAD A DE MINIMIS MARGIN. EFFECTIVE 11/20/2008, FOR SUCH ENTRIES CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS BELOW. EXPORTER: ALL OTHERS PRODUCER: ALL OTHERS CASE NUMBER: C-570-921-000 CASH DEPOSIT RATE: 13.63% EXPORTER: GUANGDONG GUANHAO HIGH-TECH CO., LTD./ZHANJIANG GUANLONG PAPER INDUSTRIAL CO., LTD PRODUCER: GUANGDONG GUANHAO HIGH-TECH CO., LTD./ZHANJIANG GUANLONG PAPER INDUSTRIAL CO., LTD CASE NUMBER: C-570-921-001 CASH DEPOSIT RATE: 13.63% EXPORTER: SHENZHEN YUANMING INDUSTRIAL DEVELOPMENT CO., LTD. PRODUCER: SHENZHEN YUANMING INDUSTRIAL DEVELOPMENT CO., LTD. CASE NUMBER: C-570-921-003 CASH DEPOSIT RATE: 138.53% EXPORTER: MDCN TECHNOLOGY CO., LTD. PRODUCER: MDCN TECHNOLOGY CO., LTD. CASE NUMBER: C-570-921-004 CASH DEPOSIT RATE: 124.93% EXPORTER: XIAMEN ANNE PAPER CO., LTD. PRODUCER: XIAMEN ANNE PAPER CO., LTD. CASE NUMBER: C-570-921-005 CASH DEPOSIT RATE: 124.93% 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 O1: SH). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE