PRELIM. AFFIRM. DETERMIN. OF CIRCUMVENTION - AD ORDER ON TISSUE PAPER PRODUCTS FROM CHINA (A-570-894) PROD IN & EXP FROM THAILAND BY SUNLAKE DCOR (A-549-826-001)

MESSAGE NO: 9153210 DATE: 06 02 2009 CATEGORY: ADA TYPE: PRE REFERENCE: REFERENCE DATE: CASES: A - 570 - 894 A - 549 - 826 - - - - - - - - PERIOD COVERED: 10 21 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: PRELIM. AFFIRM. DETERMIN. OF CIRCUMVENTION - AD ORDER ON TISSUE PAPER PRODUCTS FROM CHINA (A-570-894) PROD IN & EXP FROM THAILAND BY SUNLAKE DCOR (A-549-826-001) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. ON 05/06/2009, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE ANITDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA (CHINA)(74 FR 20915). 2. SCOPE OF THE ANITDUMPING DUTY ORDER THE TISSUE PAPER PRODUCTS SUBJECT TO THIS ANTIDUMPING DUTY ORDER ARE CUT-TO-LENGTH SHEETS OF TISSUE PAPER HAVING A BASIS WEIGHT NOT EXCEEDING 29 GRAMS PER SQUARE METER. TISSUE PAPER PRODUCTS SUBJECT TO THIS ORDER MAY OR MAY NOT BE BLEACHED, DYE-COLORED, SURFACE-COLORED, GLAZED, SURFACE DECORATED OR PRINTED, SEQUINED, CRINKLED, EMBOSSED, AND/OR DIE CUT. THE TISSUE PAPER SUBJECT TO THIS ORDER IS IN THE FORM OF CUT-TO-LENGTH SHEETS OF TISSUE PAPER WITH A WIDTH EQUAL TO OR GREATER THAN ONE-HALF (0.5) INCH. SUBJECT TISSUE PAPER MAY BE FLAT OR FOLDED, AND MAY BE PACKAGED BY BANDING OR WRAPPING WITH PAPER OR FILM, BY PLACING IN PLASTIC OR FILM BAGS, AND/OR BY PLACING IN BOXES FOR DISTRIBUTION AND USE BY THE ULTIMATE CONSUMER. PACKAGES OF TISSUE PAPER SUBJECT TO THIS ORDER MAY CONSIST SOLELY OF TISSUE PAPER OF ONE COLOR AND/OR STYLE, OR MAY CONTAIN MULTIPLE COLORS AND/OR STYLES. THE MERCHANDISE SUBJECT TO THIS ORDER DOES NOT HAVE SPECIFIC CLASSIFICATION NUMBERS ASSIGNED TO THEM UNDER THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). SUBJECT MERCHANDISE MAY BE UNDER ONE OR MORE OF SEVERAL DIFFERENT SUBHEADINGS, INCLUDING: 4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000; 4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90; 4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. THE TARIFF CLASSIFICATIONS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES; HOWEVER, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS ORDER IS DISPOSITIVE. EXCLUDED FROM THE SCOPE OF THIS ORDER ARE THE FOLLOWING TISSUE PAPER PRODUCTS: (1) TISSUE PAPER PRODUCTS THAT ARE COATED IN WAX, PARAFFIN, OR POLYMERS, OF A KIND USED IN FLORAL AND FOOD SERVICE APPLICATIONS; (2) TISSUE PAPER PRODUCTS THAT HAVE BEEN PERFORATED, EMBOSSED, OR DIE-CUT TO THE SHAPE OF A TOILET SEAT, I.E., DISPOSABLE SANITARY COVERS FOR TOILET SEATS; (3) TOILET OR FACIAL TISSUE STOCK, TOWEL OR NAPKIN STOCK, PAPER OF A KIND USED FOR HOUSEHOLD OR SANITARY PURPOSES, CELLULOSE WADDING, AND WEBS OF CELLULOSE FIBERS (HTSUS 4803.00.20.00 AND 4803.00.40.00). 3. SCOPE OF THE CIRCUMVENTION INQUIRY THE PRODUCTS SUBJECT TO THIS CIRCUMVENTION INQUIRY ARE TISSUE PAPER PRODUCTS, AS DESCRIBED IN PARAGRAPH 2 ABOVE, WHICH ARE PRODUCED IN THAILAND FROM PRC-ORIGIN JUMBO ROLLS AND/OR CUT SHEETS OF TISSUE PAPER, AND EXPORTED TO THE UNITED STATES FROM THAILAND BY SUNLAKE DCOR CO., LTD. 4. THE DEPARTMENT HAS PRELIMINARILY DETERMINED TO CONSIDER ALL ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS PRODUCED IN AND EXPORTED FROM THAILAND BY SUNLAKE DCOR CO., LTD., THAT ENTERED, OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER OCTOBER 21, 2008, TO BE PRODUCED FROM CHINESE-ORIGIN JUMBO ROLLS AND/OR CUT SHEETS AND THUS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM CHINA. 5. FOR IMPORTS OF CERTAIN TISSUE PAPER PRODUCTS THAT MEET THE REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS DESCRIBED ABOVE, PRODUCED IN AND EXPORTED FROM THAILAND BY SUNLAKE DCOR CO., LTD. AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 21, 2008, UNITED STATES CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS. IN ADDITION, CBP SHALL REQUIRE FOR SUCH ENTRIES, A CASH DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW: PRODUCER: SUNLAKE DCOR CO., LTD. EXPORTER: SUNLAKE DCOR CO., LTD. CASE NUMBER: A-549-826-001 CASH DEPOSIT RATE: 112.64 6. ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS THAT MEET THE REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS DESCRIBED ABOVE, PRODUCED IN AND EXPORTED FROM THAILAND BY SUNLAKE DCOR CO., LTD., AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 21, 2008, WHICH ARE SET FOR LIQUIDATION NEED TO BE UNSET IMMEDIATELY. 7. 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 THE 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 O2:GB). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CHRISTINE M. FURGASON