MESSAGE NO: 9153210
DATE: 06 02 2009
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 894
A - 549 - 826
-
-
-
-
-
-
-
-
PERIOD COVERED:
10 21 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: PRELIM. AFFIRM. DETERMIN. OF CIRCUMVENTION - AD ORDER
ON TISSUE PAPER PRODUCTS FROM CHINA (A-570-894) PROD IN
& EXP FROM THAILAND BY SUNLAKE DCOR (A-549-826-001)
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
1. ON 05/06/2009, COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ITS PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF
THE ANITDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS
FROM THE PEOPLE'S REPUBLIC OF CHINA (CHINA)(74 FR 20915).
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 TISSUE
PAPER PRODUCTS, AS DESCRIBED IN PARAGRAPH 2 ABOVE, WHICH ARE
PRODUCED IN THAILAND FROM PRC-ORIGIN JUMBO ROLLS AND/OR CUT
SHEETS OF TISSUE PAPER, AND EXPORTED TO THE UNITED STATES FROM
THAILAND BY SUNLAKE DCOR CO., LTD.
4.
THE DEPARTMENT HAS PRELIMINARILY DETERMINED TO CONSIDER
ALL ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS PRODUCED IN AND
EXPORTED FROM THAILAND BY SUNLAKE DCOR CO., LTD., THAT ENTERED,
OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER
OCTOBER 21, 2008, TO BE PRODUCED FROM CHINESE-ORIGIN JUMBO
ROLLS AND/OR CUT SHEETS AND THUS 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 IN AND EXPORTED FROM
THAILAND BY SUNLAKE DCOR CO., LTD. AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 21, 2008,
UNITED STATES CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS.
IN ADDITION, CBP SHALL REQUIRE
FOR SUCH ENTRIES, A CASH DEPOSIT EQUAL TO THE MARGIN SHOWN
BELOW:
PRODUCER: SUNLAKE DCOR CO., LTD.
EXPORTER: SUNLAKE DCOR CO., LTD.
CASE NUMBER:
A-549-826-001
CASH DEPOSIT RATE:
112.64
6.
ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS THAT MEET THE
REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING
DUTY ORDER AS DESCRIBED ABOVE, PRODUCED IN AND EXPORTED FROM
THAILAND BY SUNLAKE DCOR CO., LTD., AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 21, 2008,
WHICH ARE SET FOR LIQUIDATION NEED TO BE UNSET IMMEDIATELY.
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 THE 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 O2:GB).
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CHRISTINE M. FURGASON