[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Page 15350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5877]



[[Page 15350]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1070B (Final)]


Certain Tissue Paper Products From China

Determination

    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
(Commission) determines, pursuant to section 735(b) of the Tariff Act 
of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United 
States is materially injured by reason of imports from China of tissue 
paper,\2\ provided for in subheadings 4802.30; 4802.54; 4802.61; 
4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 4808.90; 4811.90; 4823.90; 
4820.50.00; 4802.90.00; 4805.91.90; and 9505.90.40 of the Harmonized 
Tariff Schedule of the United States, that have been found by the 
Department of Commerce (Commerce) to be sold in the United States at 
less than fair value (LTFV).\3\ The Commission makes a negative finding 
with respect to critical circumstances.\4\
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    \1\ The record is defined in Sec.  207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Tissue paper as defined by Commerce in Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Tissue Paper 
Products from the People's Republic of China, 70 FR 7475, February 
14, 2005. The tissue paper products subject to investigation are 
cut-to-length sheets of tissue paper having a basis weight not 
exceeding 29 grams per square meter. ``Consumer'' tissue paper is 
sold packaged for retail sale to consumers; ``bulk'' tissue paper is 
typically used by businesses as a wrap to protect customer 
purchases.
    \3\ Vice Chairman Deanna Tanner Okun, Commissioner Marcia E. 
Miller, and Commissioner Daniel R. Pearson find two domestic like 
products in this investigation--consumer tissue paper and bulk 
tissue paper. They determine that an industry in the United States 
is materially injured by reason of imports of bulk tissue paper from 
China. They also determine that an industry in the United States is 
not materially injured or threatened with material injury, and that 
the establishment of an industry in the United States is not 
materially retarded, by reason of imports of consumer tissue paper 
from China.
    \4\ Vice Chairman Deanna Tanner Okun, Commissioner Marcia E. 
Miller, and Commissioner Daniel R. Pearson make a negative finding 
with respect to critical circumstances for bulk tissue paper.
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Background

    The Commission instituted this investigation effective February 17, 
2004, following receipt of a petition filed with the Commission and 
Commerce by Seaman Paper Company of Massachusetts, Inc.; American Crepe 
Corporation; Eagle Tissue LLC; Flower City Tissue Mills Co.; Garlock 
Printing & Converting, Inc.; Paper Service Ltd.; Putney Paper Co., 
Ltd.; and the Paper, Allied-Industrial, Chemical and Energy Workers 
International Union AFL-CIO, CLC. The final phase of the investigation 
was scheduled by the Commission following notification of a preliminary 
determination by Commerce that imports of tissue paper from China were 
being sold at LTFV within the meaning of section 733(b) of the Act (19 
U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the 
Commission's investigation and of a public hearing to be held in 
connection therewith was given by posting copies of the notice in the 
Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register of 
October 8, 2004 (69 FR 60423), subsequently revised on November 15, 
2004 (69 FR 65632). The hearing was held in Washington, DC, on December 
9, 2004, and all persons who requested the opportunity were permitted 
to appear in person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on March 21, 2005. The views of the 
Commission are contained in USITC Publication 3758 (March 2005), 
entitled Certain Tissue Paper Products from China: Investigation No. 
731-TA-1070B (Final).

    Issued: March 21, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-5877 Filed 3-24-05; 8:45 am]
BILLING CODE 7020-02-P