MESSAGE NO: 8109206
DATE: 04 18 2008
CATEGORY: CVD
TYPE: ADM
REFERENCE:
REFERENCE DATE:
CASES:
C - 570 - 917
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PERIOD COVERED:
04 01 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: DISCONTINUATION OF SUSPENSION OF LIQUIDATION IN THE
COUNTERVAILING DUTY INVESTIGATION OF LAMINATED WOVEN
SACKS FROM CHINA (C-570-917)
1.
IN KEEPING WITH THE WORLD TRADE ORGANIZATION AGREEMENT ON
SUBSIDIES AND COUNTERVAILING MEASURES, THE DEPARTMENT IS
DISCONTINUING THE SUSPENSION OF LIQUIDATION ON THE
COUNTERVAILING DUTY INVESTIGATION OF LAMINATED WOVEN SACKS FROM
THE PEOPLE'S REPUBLIC OF CHINA EFFECTIVE 04/01/2008, WHICH IS
120 DAYS AFTER THE DATE OF PUBLICATION OF THE PRELIMINARY
DETERMINATION (72 FR 67893, 12/03/2007).
2.
THE MERCHANDISE COVERED BY THIS INVESTIGATION IS LAMINATED
WOVEN SACKS.
LAMINATED WOVEN SACKS ARE BAGS OR SACKS
CONSISTING OF ONE OR MORE PLIES OF FABRIC CONSISTING OF WOVEN
POLYPROPYLENE STRIP AND/OR WOVEN POLYETHYLENE STRIP, REGARDLESS
OF THE WIDTH OF THE STRIP; WITH OR WITHOUT AN EXTRUSION COATING
OF POLYPROPYLENE AND/OR POLYETHYLENE ON ONE OR BOTH SIDES OF
THE FABRIC; LAMINATED BY ANY METHOD EITHER TO AN EXTERIOR PLY
OF PLASTIC FILM SUCH AS BIAXIALLY-ORIENTED POLYPROPYLENE (BOPP)
OR TO AN EXTERIOR PLY OF PAPER THAT IS SUITABLE FOR HIGH
QUALITY PRINT GRAPHICS; ("PAPER SUITABLE FOR HIGH QUALITY PRINT
GRAPHICS," AS USED HEREIN, MEANS PAPER HAVING AN ISO BRIGHTNESS
OF 82 OR HIGHER AND A SHEFFIELD SMOOTHNESS OF 250 OR LESS.
COATED FREE SHEET IS AN EXAMPLE OF A PAPER SUITABLE FOR HIGH
QUALITY PRINT GRAPHICS); PRINTED WITH THREE COLORS OR MORE IN
REGISTER; WITH OR WITHOUT LINING; WHETHER OR NOT CLOSED ON ONE
END; WHETHER OR NOT IN ROLL FORM (INCLUDING SHEETS, LAY-FLAT
TUBING, AND SLEEVES); WITH OR WITHOUT HANDLES; WITH OR WITHOUT
SPECIAL CLOSING FEATURES; NOT EXCEEDING ONE KILOGRAM IN WEIGHT.
LAMINATED WOVEN SACKS ARE TYPICALLY USED FOR RETAIL PACKAGING OF
CONSUMER GOODS SUCH AS PET FOODS AND BIRD SEED.
EFFECTIVE JULY 1, 2007, LAMINATED WOVEN SACKS ARE CLASSIFIABLE
UNDER HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
SUBHEADINGS 6305.33.0050 AND 6305.33.0080.
LAMINATED WOVEN
SACKS WERE PREVIOUSLY CLASSIFIABLE UNDER HTSUS SUBHEADING
6305.33.0020.
IF ENTERED WITH PLASTIC COATING ON BOTH SIDES OF
THE FABRIC CONSISTING OF WOVEN POLYPROPYLENE STRIP AND/OR WOVEN
POLYETHYLENE STRIP, LAMINATED WOVEN SACKS MAY BE CLASSIFIABLE
UNDER HTSUS SUBHEADINGS 3923.21.0080, 3923.21.0095, AND
3923.29.0000.
IF ENTERED NOT CLOSED ON ONE END OR IN ROLL FORM
(INCLUDING SHEETS, LAY-FLAT TUBING, AND SLEEVES), LAMINATED
WOVEN SACKS MAY BE CLASSIFIABLE UNDER OTHER HTSUS SUBHEADINGS
INCLUDING 3917.39.0050, 3921.90.1100, 3921.90.1500, AND
5903.90.2500.
IF THE POLYPROPYLENE STRIPS AND/OR POLYETHYLENE
STRIPS MAKING UP THE FABRIC MEASURES MORE THAN 5 MILLIMETERS IN
WIDTH, LAMINATED WOVEN SACKS MAY BE CLASSIBFIABLE UNDER OTHER
HTSUS SUBHEADINGS INCLUDING 4601.99.0500, 4601.99.9000, AND
4602.90.0000.
ALTHOUGH HTSUS SUBHEADINGS ARE
PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF
THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER C570-917.
4.
FIELD OFFICERS SHALL DISCONTINUE THE SUSPENSION OF
LIQUIDATION FOR COUNTERVAILING DUTY PURPOSES ON ALL SHIPMENTS
OF THE SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 04/01/2008.
THE
SUSPENSION OF LIQUIDATION WILL NOT BE RESUMED UNLESS AND UNTIL
THE DEPARTMENT OF COMMERCE PUBLISHES COUNTERVAILING DUTY ORDERS
IN THIS CASE.
FIELD OFFICERS SHALL CONTINUE TO SUSPEND
LIQUIDATION ON ALL SHIPMENTS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION MADE DURING THE PERIOD 12/03/2007
THROUGH 03/31/2008 UNTIL THE CONCLUSION OF THIS COUNTERVAILING
DUTY INVESTIGATION.
5.
THE DISCONTINUATION DOES NOT AFFECT THE REQUIREMENTS OF A
CASH DEPOSIT OR BOND ON ENTRIES SUBJECT TO THE SUSPENSION OF
LIQUIDATION ANNOUNCED IN THE DEPARTMENT OF COMMERCE'S
PRELIMINARY DETERMINATION IN THE COMPANION ANTIDUMPING DUTY
INVESTIGATION OF LAMINATED WOVEN SACKS FROM THE PEOPLE'S
REPUBLIC OF CHINA.
6. 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 O6: TP).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE