Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 9351003
DATE: 12 17 2009
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 533 - 848
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PERIOD COVERED:
06 02 2009
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF
COMMODITY MATCHBOOKS FROM INDIA (A-533-848-000/001)
1.
ON 12/11/2009, COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ITS ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF COMMODITY
MATCHBOOKS FROM INDIA.
2.
THE SCOPE OF THIS ORDER 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 ORDER 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 ORDER.
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 1202.1 ET SEQ.
THE SCOPE OF THIS ORDER 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 ORDER 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
ORDER 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,
FOR PRINTED WITH NATIONAL OR REGIONAL STORE BRANDS OR CORPORATE
BRANDS, IT IS COMMODITY; (2) IF IT HAS PRINTING, AND THEPRINTING
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 12/10/2009, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A
CASH DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW:
PRODUCER/EXPORTER: TRIVENI SAFETY MATCHES PVT. LTD.
CASE NUMBER:
A-533-848-001
CASH DEPOSIT RATE:
56.19
ALL OTHERS
CASE NUMBER:
A-533-848-000
CASH DEPOSIT RATE:
56.19
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 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).
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
ALICE J. BUCHANAN