PRELIMINARY DETERMINATION IN AN AD INVESTIGATION OF COMMODITY MATCHBOOKS FROM INDIA (A-533-848-000) TRIVENI SAFETY MATCHES PVT. LTD. (A-533-848-001)

MESSAGE NO: 9153211 DATE: 06 02 2009 CATEGORY: ADA TYPE: PRE REFERENCE: REFERENCE DATE: CASES: A - 533 - 848 - - - - - - - - - - PERIOD COVERED: 06 02 2009 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: PRELIMINARY DETERMINATION IN AN AD INVESTIGATION OF COMMODITY MATCHBOOKS FROM INDIA (A-533-848-000) TRIVENI SAFETY MATCHES PVT. LTD. (A-533-848-001) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. ON 06/02/2009, COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE AND POSTPONEMENT OF THE FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF COMMODITY MATCHBOOKS FROM INDIA. 2. THE SCOPE OF THIS INVESTIGATION COVERS COMMODITY MATCHBOOKS, ALSO KNOWN AS COMMODITY BOOK MATCHES, PAPER MATCHES OR BOOKLET MATCHES.* COMMODITY MATCHBOOKS TYPICALLY, BUT DO NOT NECESSARILY, CONSIST OF TWENTY MATCH STEMS WHICH ARE USUALLY MADE FROM PAPERBOARD OR SIMILAR MATERIAL TIPPED WITH A MATCH HEAD COMPOSED OF ANY CHEMICAL FORMULA. THE MATCH STEMS MAY BE STITCHED, STAPLED OR OTHERWISE FASTENED INTO A MATCHBOOK COVER OF ANY MATERIAL, ON WHICH A STRIKING STRIP COMPOSED OF ANY CHEMICAL FORMULA HAS BEEN APPLIED TO ASSIST IN THE IGNITION PROCESS. COMMODITY MATCHBOOKS INCLUDED IN THE SCOPE OF THIS INVESTIGATION MAY OR MAY NOT CONTAIN PRINTING. FOR EXAMPLE, THEY MAY HAVE NO PRINTING OTHER THAN THE IDENTIFICATION OF THE MANUFACTURER OR IMPORTER. COMMODITY MATCHBOOKS MAY ALSO BE PRINTED WITH A GENERIC MESSAGE SUCH AS "THANK YOU" OR A GENERIC IMAGE SUCH AS THE AMERICAN FLAG, WITH STORE BRANDS (E.G., KROGER, 7-ELEVEN, SHURFINE OR GIANT); PRODUCT BRANDS FOR NATIONAL OR REGIONAL ADVERTISERS SUCH AS CIGARETTES OR ALCOHOLIC BEVERAGES; OR WITH CORPORATE BRANDS FOR NATIONAL OR REGIONAL DISTRIBUTORS (E.G., PENLEY CORP. OR DIAMOND BRANDS). THEY ALL ENTER RETAIL DISTRIBUTION CHANNELS. REGARDLESS OF THE MATERIALS USED FOR THE STEMS OF THE MATCHES AND REGARDLESS OF THE WAY THE MATCH STEMS ARE FASTENED TO THE MATCHBOOK COVER, ALL COMMODITY MATCHBOOKS ARE INCLUDED IN THE SCOPE OF THIS INVESTIGATION. ALL MATCHBOOKS, INCLUDING COMMODITY MATCHBOOKS, TYPICALLY COMPLY WITH THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION (CPSC) SAFETY STANDARD FOR MATCHBOOKS, CODIFIED AT 16 CFR SECTION 1202.1ET SEQ. THE SCOPE OF THIS INVESTIGATION EXCLUDES PROMOTIONAL MATCHBOOKS, OFTEN REFERRED TO AS "NOT FOR RESALE," OR "SPECIALTY ADVERTISING" MATCHBOOKS, AS THEY DO NOT ENTER INTO RETAIL CHANNELS AND ARE SOLD TO BUSINESSES THAT PROVIDE HOSPITALITY, DINING, DRINKING OR ENTERTAINMENT SERVICES TO THEIR CUSTOMERS, AND ARE GIVEN AWAY BY THESE BUSINESSES AS PROMOTIONAL ITEMS. SUCH PROMOTIONAL MATCHBOOKS ARE DISTINGUISHED BY THE PHYSICAL CHARACTERISTIC OF HAVING THE NAME AND/OR LOGO OF A BAR, RESTAURANT, RESORT, HOTEL, CLUB, CAFE/COFFEE SHOP, GRILL, PUB, EATERY, LOUNGE, CASINO, BARBECUE OR INDIVIDUAL ESTABLISHMENT PRINTED PROMINENTLY ON THE MATCHBOOK COVER. PROMOTIONAL MATCHBOOK COVER PRINTING ALSO TYPICALLY INCLUDES THE ADDRESS AND THE PHONE NUMBER OF THE BUSINESS OR ESTABLISHMENT BEING PROMOTED.** ALSO EXCLUDED ARE ALL OTHER MATCHES THAT ARE NOT FASTENED INTO A MATCHBOOK COVER SUCH AS WOODEN MATCHES, STICK MATCHES, BOX MATCHES, KITCHEN MATCHES, POCKET MATCHES, PENNY MATCHES, HOUSEHOLD MATCHES, STRIKE-ANYWHERE MATCHES (AKA "SAW" MATCHES), STRIKE-ON-BOX MATCHES (AKA "SOB" MATCHES), FIREPLACE MATCHES, BARBEQUE/GRILL MATCHES, FIRE STARTERS, AND WAX MATCHES. THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS PROPERLY CLASSIFIED UNDER SUBHEADING 3605.00.0060 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). SUBJECT MERCHANDISE MAY ALSO ENTER UNDER SUBHEADING 3605.00.0030 OF THE HTSUS. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION IS DISPOSITIVE. * SUCH COMMODITY MATCHBOOKS ARE ALSO REFERRED TO AS "FOR RESALE" BECAUSE THEY ALWAYS ENTER INTO RETAIL CHANNELS, MEANING BUSINESSES THAT SELL A GENERAL VARIETY OF TANGIBLE MERCHANDISE, E.G. CONVENIENCE STORES, SUPERMARKETS, DOLLAR STORES, DRUG STORES AND MASS MERCHANDISERS. ** THE GROSS DISTINCTIONS BETWEEN COMMODITY MATCHBOOKS AND PROMOTIONAL MATCHBOOKS MAY BE SUMMARIZED AS FOLLOWS: (1) IF IT HAS NO PRINTING, OR IS PRINTED WITH A GENERIC MESSAGE SUCH AS "THANK YOU" OR A GENERIC IMAGE SUCH AS THE AMERICAN FLAG, OR PRINTED WITH NATIONAL OR REGIONAL STORE BRANDS OR CORPORATE BRANDS, IT IS COMMODITY; (2) IF IT HAS PRINTING, AND THE PRINTING INCLUDES THE NAME OF A BAR, RESTAURANT, RESORT, HOTEL, CLUB, CAFE/COFFEE SHOP, GRILL, PUB, EATERY, LOUNGE, CASINO, BARBECUE, OR INDIVIDUAL ESTABLISHMENT PROMINENTLY DISPLAYED ON THE MATCHBOOK COVER, IT IS PROMOTIONAL. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-533-848. 4. FOR IMPORTS OF COMMODITY MATCHBOOKS FROM INDIA, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER 06/02/2009. EFFECTIVE 06/02/2009, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW: PRODUCER/EXPORTER: TRIVENI SAFETY MATCHES PVT. LTD. CASE NUMBER: A-533-848-001 CASH DEPOSIT RATE: 80.48 ALL OTHERS CASE NUMBER: A-533-848-000 CASH DEPOSIT RATE: 80.48 5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY: A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE. B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL OTHERS' RATE OF 80.48 PERCENT TO ESTABLISH THE CASH DEPOSIT OR BONDING RATE. 6. 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 OR COUNTERVAILING 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 OR COUNTERVAILING 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. 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:HP). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CHRISTINE M. FURGASON