MESSAGE NO: 8254201 DATE: 09 10 2008
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 570 - 917 - -
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PERIOD COVERED: 09 04 2007 TO 12 03 2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS AND COUNTERVAILING DUTY ORDER
FOR LAMINATED WOVEN SACKS FROM PEOPLE'S REPUBLIC OF\
CHINA (C-570-917)

1. ON AUGUST 7, 2008, THE DEPARTMENT OF COMMERCE PUBLISHED
IN THE FEDERAL REGISTER ITS COUNTERVAILING DUTY ORDER IN THE
INVESTIGATION OF LAMINATED WOVEN SACKS FROM THE PEOPLE'S
REPUBLIC OF CHINA. SEE 73 FR 45955.

2. THE MERCHANDISE COVERED BY THIS ORDER 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 POLYETHLENE 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 POLYETHLENE 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 MEASURE MORE THAN 5 MILLIMETERS IN WIDTH,
LAMINATED WOVEN SACKS MAY BE CLASSIFIABLE 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 ORDER IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER C-570-917.

4. ON APRIL 18, 2008, IN KEEPING WITH THE WORLD TRADE
ORGANIZATION AGREEMENT ON SUBSIDIES AND COUNTERVAILING
MEASURES, THE DEPARTMENT INSTRUCTED U.S CUSTOMS AND BORDER
PROTECTION (CBP) TO DISCONTINUE SUSPENSION OF LIQUIDATION IN
THIS INVESTIGATION EFFECTIVE 4/1/2008 WHICH IS 120 DAYS AFTER
THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION
(MESSAGE NUMBER 8109206, 4/18/2008). SUSPENSION OF LIQUIDATION
CONTINUES FOR ALL ENTRIES MADE BETWEEN 12/3/2007 AND 4/1/2008.

5. ON AUGUST 5, 2008, THE U.S. INTERNATIONAL TRADE COMMISSION
(ITC) PUBLISHED ITS FINAL AFFIRMATIVE INJURY DETERMINATION ON
LAMINATED WOVEN SACKS FORM THE PEOPLE'S REPUBLIC OF CHINA. SEE
73 FR 45743. THE ITC ALSO DETERMINED THAT CRITICAL
CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO SUBJECT IMPORTS FROM
THE PRC. AS A RESULT OF THE ITC'S NEGATIVE CRITICAL
CIRCUMSTANCES DETERMINATION, U.S. CUSTOMS AND BORDER PROTECTION
(CBP) IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION
FOR ALL SHIPMENTS ON LAMINATED WOVEN SACKS FROM THE PEOPLE'S
REPUBLIC OF CHINA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER SEPTEMBER 4, 2007, AND BEFORE DECEMBER
3, 2007. FOR SUCH ENTRIES CBP WILL REFUND ALL CASH DEPOSITS
AND RELEASE ALL BONDS COLLECTED ON LAMINATED WOVEN SACKS FROM
THE PEOPLE'S REPUBLIC OF CHINA. INTEREST PROVISIONS OF SECTION
778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.


6. RESUMPTION OF SUSPENSION OF LIQUIDATION IN THE
COUNTERVAILING DUTY CASE ON LAMINATED WOVEN SACKS FROM THE
PEOPLE'S REPUBLIC OF CHINA IS REQUIRED ON THE DATE OF
PUBLICATION OF THE ITC FINAL DETERMINATION. THEREFORE,
FOR IMPORTS OF THIS SUBJECT MERCHANDISE, CBP SHALL RESUME
SUSPENSION OF LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
AUGUST 5, 2008. FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH
DEPOSIT ON OR AFTER AUGUST 5, 2008 EQUAL TO THE SUBSIDY RATES
SHOWN BELOW:

PRODUCER/ CBP ID AD VALOREM
EXPORTER NUMBER SUBSIDY RATE

ALL OTHERS C-570-917-000 226.85

SHANDONG SHOUGUANG C-570-917-001 352.82
JIANYUAN CHUN CO.,
LTD. AND/OR SHANDONG
LONGXING PLASTIC PRODUCTS
CO., LTD.

ZIBO AIFUDI PLASTIC C-570-917-002 29.54
PACKAGING CO., LTD.

HAN SHING CHEMICAL CO.,LTD. C-570-917-003 223.74

NINGBO YONG FENG C-570-917-004 223.74
PACKAGING CO., LTD.

SHANDONG QILU PLASTIC C-570-917-005 304.40
FABRIC GROUP, LTD.

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 OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINSTRATION, INTERNATIONAL TRADE
ADMINSTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY. GENERATED BY 06:PM.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

DAVID M. GENOVESE