MESSAGE NO: 8116205
DATE: 04 25 2008
CATEGORY: ADA
TYPE: ADM
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 894
A - 552 - 804
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PERIOD COVERED:
09 05 2006
TO
04 22 2008
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION
OF AD DUTY ORDER ON TISSUE PAPER PRODUCTS FROM CHINA
(A-570-894) & VIETNAM (A-552-804) CASH/CERTIFICATE
1. ON APRIL 22, 2008, THE DEPARTMENT OF COMMERCE ("COMMERCE")
PUBLISHED IN THE FEDERAL REGISTER ITS NOTICE OF AN AFFIRMATIVE
DETERMINATION OF CIRCUMVENTION OF THE ANITDUMPING DUTY ORDER ON
CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF
CHINA ("CHINA") (73 FR 21580).
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 JUMBO
ROLLS OF TISSUE PAPER THAT ARE EXPORTED FROM CHINA TO THE
SOCIALIST REPUBLIC OF VIETNAM ("VIETNAM") WHERE THEY ARE
CONVERTED, POSSIBLY DYED AND/OR PRINTED, INTO TISSUE PAPER
PRODUCTS, AS DESCRIBED ABOVE IN THE "SCOPE OF THE ANTIDUMPING
DUTY ORDER" SECTION.
THIS INQUIRY ONLY COVERS SUCH PRODUCTS
THAT ARE EXPORTED TO THE UNITED STATES BY VIETNAM QUIJIANG
PAPER CO., LTD.
4.
THE DEPARTMENT HAS PRELIMINARILY DETERMINED TO CONSIDER ALL
ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS PRODUCED BY VIETNAM
QUIJIANG PAPER CO., LTD. THAT ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER SEPTEMBER 5, 2006,
THROUGH APRIL 22, 2008, TO BE PRODUCED FROM CHINESE-ORIGIN
JUMBO ROLLS AND THUS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON
CERTAIN TISSUE PAPER PRODUCTS FROM CHINA.
FOR ALL ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS PRODUCED BY
VIETNAM QUIJIANG PAPER CO., LTD., AND ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER SEPTEMBER 5, 2006,
THROUGH APRIL 22, 2008, THE DEPARTMENT IS ALLOWING VIETNAM
QUIJIANG PAPER CO., LTD. TO PROVIDE A CERTIFICATE STATING THAT
THE ENTERED PRODUCT WAS NOT PRODUCED FROM CHINESE-ORIGIN JUMBO
ROLLS.
THE CERTIFICATION IS ATTACHED AND CAN BE FOUND IN
ATTACHMENT 1 OF THE FEDERAL REGISTER NOTICE (73 FR 21580).
ANY
ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS PRODUCED BY VIETNAM
QUIJIANG ON OR AFTER SEPTEMBER 5, 2006, THROUGH APRIL 22, 2008,
ACCOMPANIED BY THIS CERTIFICATION SHALL NOT BE SUBJECT TO THE
ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM
CHINA.
ANY ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS ON OR
AFTER SEPTEMBER 5, 2006, THROUGH APRIL 22, 2008, PRODUCED BY
VIETNAM QUIJIANG PAPER CO., LTD.,
THAT ARE NOT ACCOMPANIED BY
THIS CERTAIN CERTIFICATION SHALL BE CONSIDERED 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 BY VIETNAM QUIJIANG
PAPER CO., LTD. AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER SEPTEMBER 5, 2006, THROUGH APRIL 22,
2008, UNITED STATES CUSTOMS AND BORDER PROTECTION ("CBP") SHALL
SUSPEND LIQUIDATION OF SUCH SHIPMENTS.
IN ADDITION, EFFECTIVE SEPTEMBER 5, 2006, THROUGH APRIL 22,
2008, CBP SHALL REQUIRE, FOR ALL ENTRIES PRODUCED BY VIETNAM
QUIJIANG PAPER CO., LTD., FROM SEPTEMBER 5, 2006, THROUGH APRIL
22, 2008, THAT ARE NOT ACCOMPANIED BY A CERTIFICATE STATING
THAT NO CHINESE-ORIGIN JUMBO ROLLS WERE USED IN THE PRODUCTION
OF THE ENTERED PRODUCT, A CASH DEPOSIT EQUAL TO MARGIN SHOWN
BELOW:
MANUFACTURER/PRODUCER/EXPORTER
CUSTOMS ID NUMBER
MARGIN
VIETNAM QUIJIANG
PAPER CO., LTD.
A-552-804-001
112.64
6.
FOR ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS THAT MEET THE
REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING
DUTY ORDER AS DESCRIBED ABOVE PRODUCED BY VIETNAM QUIJIANG
PAPER CO., LTD., AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER SEPTEMBER 5, 2006, THROUGH APRIL 22,
2008, AND ARE SET FOR LIQUIDATION NEED TO BE UNSET IMMEDIATELY.
7.
SPECIAL NOTE-THE ACTUAL INITIATION DATE IS SEPTEMBER 5,
2006, AND THE PRELIMINARY DETERMINATION DATE IS APRIL 22, 2008.
HOWEVER, IN ORDER FOR THE ACS MODULE TO ACCEPT THE CORRECT
EFFECTIVE DATE FOR THE SUPSENSION OF LIQUIDATION (SEPTEMBER 5,
2006), IT WAS NECESSARY TO LIST SEPTEMBER 5, 2006, AS BOTH THE
EFFECTIVE DATE OF SUSPENSION OF LIQUIDATION AND THE DATE OF THE
PRELIMINARY DETERMINATION.
THIS IS DIFFERENT FROM THE DATES
LISTED IN THE FEDERAL REGISTER NOTICE (73 FR 21580).
IN
ADDITION, THE ACS MODULE REQUIRES THAT THE INITIATION DATE BE
AT LEAST ONE DAY PRIOR TO THE DATE OF THE PRELIMINARY
DETERMINATION.
THEREFORE, THE MODULE LISTS SEPTEMBER 4, 2006,
AS THE INITIATION DATE.
8.
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
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-1394
(GENERATED BY O9: JEH).
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
DAVID M. GENOVESE
CERTIFICATION TO U.S. CUSTOMS AND BORDER PROTECTION
1. VIETNAM QUIJIANG PAPER CO., LTD. ("VIETNAM QUIJIANG") HEREBY
CERTIFIES THAT THE CERTAIN TISSUE PAPER PRODUCTS BEING EXPORTED
AND SUBJECT TO THIS CERTIFICATION WERE NOT PRODUCED FROM
CHINESE ORIGIN JUMBO ROLLS.
2.
BY SIGNING THIS CERTIFICATE, VIETNAM QUIJIANG ALSO HEREBY
AGREES TO MAINTAIN SUFFICIENT DOCUMENTATION SUPPORTING THE
ABOVE STATEMENT SUCH AS COUNTRY OF ORIGIN CERTIFICATES FOR ALL
JUMBO ROLLS USED TO PROCESS THE EXPORTED CERTAIN TISSUE PAPER
PRODUCTS.
FURTHER, VIETNAM QUIJIANG AGREES TO SUBMIT TO
VERIFICATION OF THE UNDERLYING DOCUMENTATION SUPPORTING THE
ABOVE STATEMENT.
VIETNAM QUIJIANG AGREES THAT FAILURE TO
SUBMIT TO VERIFICATION OF THE DOCUMENTATION SUPPORTING THESE
STATEMENTS WILL RESULT IN IMMEDIATE REVOCATION OF CERTIFICATION
RIGHTS AND THAT VIETNAM QUIJIANG WILL BE REQUIRED TO POST A
CASH DEPOSIT EQUAL TO THE CHINA-WIDE ENTITY RATE ON ALL ENTRIES
OF CERTAIN TISSUE PAPER PRODUCTS.
IN ADDITION, IF THE
DEPARTMENT OF COMMERCE IDENTIFIES ANY MISREPRESENTATION OR
INCONSISTENCIES REGARDING THE CERTIFICATIONS, VIETNAM QUIJIANG
RECOGNIZES THAT THE MATTER MAY BE REPORTED TO CUSTOMS AND
BORDER PROTECTION BY THE DEPARTMENT FOR POSSIBLE ENFORCEMENT
ACTION.
SIGNATURE:
PRINTED NAME:
TITLE: