Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 8344202
DATE: 12 09 2008
CATEGORY: CVD
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
C - 570 - 921
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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: 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