AD/CVD message 4169303 - Change in effective date to clarification of the antidumping duty order on laminated woven sacks from China (A-570-916, A-580-863, A-552-807, A-582-804, A-463-504, A-535-901, A-533-850, A-583-846)

4169303
Jun 18, 2014
Active

Effective Date: Mar 18, 2011

Period Covered: 08/01/2009 to 03/17/2011

Period of Review: Aug 01, 2009 to Jul 31, 2010

Cite as: 79 FR 28891 • Cite date: May 20, 2014

Category: Antidumping • Type: Other • Reference messages: 0204301 0327303 • Cases: A-570-916 • Court Case: 11-00148

1. On 07/23/2010, Commerce issued clarification instructions stating that it considers laminated woven sacks (LWS) that are produced in the People's Republic of China (PRC) from woven fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the origin of the fabric, to be within the scope of the antidumping order covering laminated woven sacks from the PRC, (see message number 0204301, dated 07/23/2010).

2. On 11/23/2010, Commerce issued additional clarification instructions stating that for entries of LWS from the PRC that are produced from fabric originating in a third country, i.e. subject merchandise produced from fabric that has a country of origin other than the PRC, case numbers have been assigned for antidumping purposes, based on the country of origin designation for customs purposes. Case numbers have been created for the following countries: Korea (A-580-863), Hong Kong (A-582-804), India (A-533-850), Kyrgyzstan (A-463-504), Pakistan (A-535-901), Taiwan (A-583-846), and Vietnam (A-552-807) (see message 0327303, dated 11/23/2010).

Also, in message 0327303, dated 11/23/2010, Commerce instructed U.S. Customs and Border Protection (CBP) that for entries of LWS produced in the PRC from fabric that has a country of origin other than the PRC, CBP should suspend liquidation of such merchandise entered, or withdrawn from warehouse, for consumption, on or after 01/31/2008 (the date of the preliminary determination in the less than fair value investigation on this product), and required, for such entries, a cash deposit or the posting of a bond equal to the cash deposit rates in effect on the date of entry.

3. On 12/13/2013, the Court of Appeals for the Federal Circuit issued its decision in appeal number 2013-1208, AMS Associates, Inc. v. United States, 737 F.3d 1338 (Fed. Cir. 2013), affirming the Court of International Trade's judgment in AMS Associates, Inc. v. United States, Court. No. 11-00148, 881 F. Supp. 2d 1374 (CIT 2012). Pursuant to this final court decision, the Department amended the effective date of its country of origin determination regarding LWS produced in the PRC from fabric that has a country of origin other than the PRC (see 79 FR 28891, 5/20/2014). The effective date of that determination is now 3/18/2011, the publication date of the final results of the first administrative review, wherein we finalized the determination (see 76 FR 14906, 3/18/2011).

4. Accordingly, the effective date for message 0204301 and message 0327303, the clarification instructions for this order is now 3/18/2011. Therefore, CBP shall suspend liquidation of all LWS from the PRC, regardless of the origin of the woven fabric, that is entered, or withdrawn from warehouse, for consumption, on or after 03/18/2011 until liquidation instructions are issued.

5. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV:IG)

6. There are no restrictions on the release of this information.

Michael B. Walsh