[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16223-16224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6329]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-894


Notice of Amended Final Determination of Sales at Less than Fair 
Value and Antidumping Duty Order: Certain Tissue Paper Products from 
the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 30, 2005.

FOR FURTHER INFORMATION CONTACT: Kit L. Rudd, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-1385.

SUPPLEMENTARY INFORMATION:

AMENDMENT TO FINAL DETERMINATION

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``the Act''), on February 14, 2005, the 
Department of Commerce (``the Department'') published its final 
determination of sales at less than fair value (``LTFV'') in the 
investigation of certain tissue paper products from the People's 
Republic of China (``PRC''). See 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) (``Final 
Determination'') and corresponding ``Issues and Decision Memorandum'' 
dated February 3, 2005.
    On February 14, 2005, Cleo Inc., Crystal Creative Products, Inc., 
and Marvel Products, Inc. (collectively, ``Importers'') timely filed 
allegations that the Department made ministerial errors in its Final 
Determination with respect to calculation of the surrogate profit 
financial ratio, application of the overhead financial ratio and use of 
surrogate values.
    On February 22, 2005, the Petitioners\1\ filed rebuttal comments to 
ministerial error allegations submitted by the Importers. On February 
24, 2005, the Importers filed comments responding to the Petitioners' 
February 22, 2005, rebuttals. On March 4, 2005, pursuant to 19 CFR 
351.224, the Department rejected the Importers' February 24, 2005 
submission of further rebuttal comments. See Letter from Alex 
Villanueva, Program Manager, China/NME Unit, Office 9 to Importers 
Regarding Ministerial Error Allegation Rebuttal Comments, dated March 
4, 2005.
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    \1\ Seaman Paper Company of Massachusetts Inc.; 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 (collectively ``Petitioners'').
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    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Department considers 
ministerial. See 19 CFR 351.224(f).
    After analyzing the Importers' comments and Petitioners' rebuttal 
comments, we have determined, in accordance with 19 CFR 351.224(e), 
that we made no ministerial errors in the calculations we performed for 
the Final Determination. For a detailed discussion of these ministerial 
errors, as well as the Department's analysis, see Antidumping Duty 
Investigation of Certain Tissue Paper Products from the People's 
Republic of China (``China''): Analysis of Allegations of Ministerial 
Errors, dated March 16, 2005.
    In addition, on February 22, 2005, at the direction of the National 
Import Specialist, the Department has added the following Harmonized 
Tariff Schedule of the United States (``HTSUS'') classifications to the 
listing of HTS subheadings contained in the Final Determination: 
4804.31.1000; 4804.31.2000; 4804.31.4020; 4804.31.4040; 4804.31.6000; 
4805.91.1090; 4805.91.5000; and 4805.91.7000.
    Finally, in the Final Determination, we inadvertently identified 
Section A Respondent Anhui Light Industrial Import & Export Co., Ltd. 
(``Anhui Light'') as receiving a separate rate, although the Department 
had determined that Anhui Light did not meet the Separate Rates 
criteria. See Preliminary Determination: Certain Tissue Paper Products 
From The People's Republic of China Separate Rates for Exporters, dated 
September 14, 2004 at 20. We also neglected to include Section A 
Respondent BA Marketing & Industrial Co., Ltd. (``BA Marketing'') which 
qualified for and received a separate rate.
    Therefore, we are correcting the Final Determination of sales at 
LTFV in the antidumping duty investigation of certain tissue paper 
products from the PRC. The revised scope and corrected list of Section 
A Respondents are listed below.

Scope of the Order

    The tissue paper products subject to this 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 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

[[Page 16224]]

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).

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department made 
its final determination that certain tissue paper products from the PRC 
are being, or are likely to be, sold in the United States at LTFV as 
provided in section 735 of the Act. See Final Determination. On March 
21, 2005, the ITC notified the Department of its final determination 
pursuant to 735(b)(1)(A)(i) of the Act that an industry in the United 
States is materially injured by reason of LTFV imports of subject 
merchandise from the PRC.In addition, the ITC notified the Department 
of its final determination that critical circumstances do not exist 
with respect to imports of subject merchandise from all producers and 
exporters from the PRC. Therefore, the Department will instruct U.S. 
Customs and Border Protection (``CBP'') to lift suspension and to 
release any bond or other security, and refund any cash deposit made, 
to secure the payment of antidumping duties with respect to entries of 
the merchandise entered, or withdrawn from warehouse, for consumption 
prior to September 21, 2004, the date of publication of the preliminary 
determination in the Federal Register. See Certain Tissue Paper 
Products and Certain Crepe Paper Products from the People's Republic of 
China: Notice of Preliminary Determinations of Sales at Less Than Fair 
Value, Affirmative Preliminary Determination of Critical Circumstances 
and Postponement of Final Determination for Certain Tissue Paper 
Products, 69 FR 56407 (September 21, 2004) (``Preliminary 
Determination'').
    In accordance with section 736(a)(1) of the Act, the Department 
will direct CBP to assess, upon further instruction by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price of the merchandise for all 
relevant entries of certain tissue paper products from the PRC. These 
antidumping duties will be assessed on all unliquidated entries of 
certain tissue paper products from the PRC entered, or withdrawn from 
the warehouse, for consumption on or after September 21, 2004, the date 
on which the Department published its Preliminary Determination.
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain tissue paper products, we extended the four-month 
period to no more than six months. See Preliminary Determination at 
56410. In this investigation, the six-month period beginning on the 
date of the publication of the Preliminary Determination ended on March 
19, 2005. Definitive duties are to begin on the date of publication of 
the ITC's final injury determination. See Section 737 of the Act. 
Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain tissue paper from the PRC entered, or 
withdrawn from warehouse, for consumption on or after March 20, 2005, 
and before the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
continue on or after this date.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins as listed below. The ``PRC-wide'' rate applies 
to all exporters of subject merchandise not listed specifically.
    We determine that the percentage weighted-average margins are as 
follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                       Company                         Margin (Percent)
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PRC-Wide Rate.......................................              112.64
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                 Certain Tissue Paper Products from PRC
                          Section A Respondents
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                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
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Qingdao Wenlong Co. Ltd. (``Qingdao Wenlong'')......              112.64
Fujian Nanping Investment & Enterprise Co. (``Fujian              112.64
 Nanping'').........................................
Fuzhou Light Industry Import & Export Co. Ltd.                    112.64
 (``Fuzhou Light'').................................
Guilin Qifeng Paper Co. Ltd. (``Guilin Qifeng'')....              112.64
Ningbo Spring Stationary Limited Company (``Ningbo                112.64
 Spring'')..........................................
Everlasting Business & Industry Corporation, Ltd.                 112.64
 (``Everlasting'')..................................
BA Marketing & Industrial Co. Ltd. (``BA                          112.64
 Marketing'').......................................
Samsam Production Limited & Guangzhou Baxi Printing               112.64
 Products Limited (``Samsam'')......................
Max Fortune Industrial Limited (``Max Fortune'')....              112.64
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    This notice constitutes the antidumping duty order with respect to 
certain tissue paper products from the PRC. Interested parties may 
contact the Department's Central Records Unit, Room B-099 of the main 
Commerce building, for copies of an updated list of antidumping duty
    orders currently in effect. This order is published in accordance 
with section 736(a) of the Act and 19 CFR 351.211.

    Dated: March 23, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-6329 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-DS-S