AD/CVD message 9006208 - FINAL AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM CHINA (A-570-894) AND VIETNAM (A-552-804)

9006208
Jan 06, 2009
Active

Category: Antidumping • Type: Final Determination • Reference messages: 8337204 • Cases: A-552-804 A-570-894

MESSAGE NO: 9006208 DATE: 01 06 2009
CATEGORY: ADA TYPE: FIN
REFERENCE: 8337204 REFERENCE DATE: 12 02 2008
CASES: A - 570 - 894 A - 552 - 804
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PERIOD COVERED: 09 05 2006 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: FINAL AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE
ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS
FROM CHINA (A-570-894) AND VIETNAM (A-552-804)

1. ON OCTOBER 3, 2008, THE DEPARTMENT OF COMMERCE ("COMMERCE")
PUBLISHED IN THE FEDERAL REGISTER ITS NOTICE OF AN AFFIRMATIVE
FINAL DETERMINATION OF CIRCUMVENTION OF THE ANITDUMPING DUTY
ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S
REPUBLIC OF CHINA ("CHINA") (73 FR 57591).

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 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, TO BE PRODUCED FROM
CHINESE-ORIGIN JUMBO ROLLS AND THUS SUBJECT TO THE ANTIDUMPING
DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM CHINA. ON
OCTOBER 3, 2008, THE DEPARTMENT STATED IN THE FEDERAL REGISTER
THAT 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,
THE DEPARTMENT WAS ALLOWING VIETNAM QUIJIANG PAPER CO., LTD. TO
PROVIDE A CERTIFICATE STATING THAT THE ENTERED PRODUCT WAS NOT
PRODUCED FROM CHINESE-ORIGIN JUMBO ROLLS (73 FR 57591).
HOWEVER, IN ACCORDANCE WITH MESSAGE #8337204, DATED DECEMBER 2,
2008, THIS CERTIFICATION PROGRAM HAS BEEN DISCONTINUED.
THEREFORE, ANY 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, ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON
CERTAIN TISSUE PAPER PRODUCT 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, UNITED STATES
CUSTOMS AND BORDER PROTECTION ("CBP") SHALL SUSPEND LIQUIDATION
OF SUCH SHIPMENTS. IN ADDITION, EFFECTIVE SEPTEMBER 5, 2006,
CBP SHALL REQUIRE, FOR ALL ENTRIES PRODUCED BY VIETNAM QUIJIANG
PAPER CO., LTD., FROM SEPTEMBER 5, 2006, 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, 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 PRELIMINARY DETERMINATION 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