[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45955-45956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-917]


Laminated Woven Sacks From the People's Republic of China: 
Countervailing Duty Order

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

SUMMARY: Based on an affirmative final determination by the U.S. 
International Trade Commission (ITC), the Department of Commerce (the 
Department) is issuing a countervailing duty order on Laminated Woven 
Sacks (LWS) from the People's Republic of China (PRC). On July 30, 
2008, the ITC notified the Department of its affirmative determination 
of material injury to a U.S. industry and its negative determination of 
critical circumstances. See Laminated Woven Sacks from the People's 
Republic of China, USITC Pub. 4025, Inv. Nos. 701-TA-450 (Final) (July 
2008).

Dated: Effective Date: August 7, 2008.
    Contact Information: Gene Calvert or Paul Matino, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-3586 or (202) 
482-4146, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    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 
polyethylene 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; \1\ 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.
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    \1\ ``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.
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    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

[[Page 45956]]

coating on both sides of the fabric consisting of woven polypropylene 
strip and/or woven polyethylene 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 4602.90.000. Although HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of this order is dispositive.

Countervailing Duty Order

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on June 24, 2008, the Department published its final 
determination in the countervailing duty investigation of LWS from the 
PRC. See Laminated Woven Sacks from the People's Republic of China: 
Final Affirmative Countervailing Determination and Final Affirmative 
Determination, in Part, of Critical Circumstances, 73 FR 35639 (June 
24, 2008).
    On July 30, 2008, the ITC notified the Department of its final 
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured as a result of 
subsidized imports of LWS from the PRC.
    The ITC 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) will refund all cash deposits and release all bonds 
collected on LWS from the PRC entered or withdrawn from warehouse, for 
consumption on or after September 4, 2007, and before December 3, 2007.
    Countervailing duties will be assessed on all unliquidated entries 
of LWS from the PRC entered, or withdrawn from warehouse, for 
consumption on or after December 3, 2007, the date on which the 
Department published its preliminary affirmative countervailing duty 
determination in the Federal Register, and before April 1, 2008, the 
date on which the Department instructed the CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act, 
and on all entries of subject merchandise made on or after the date of 
publication of the ITC's final injury determination in the Federal 
Register. Section 703(d) states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Entries of LWS made on or after April 1, 2008, 
and prior to the date of publication of the ITC's final determination 
in the Federal Register are not liable for the assessment of 
countervailing duties due to the Department's discontinuation, 
effective April 1, 2008, of the suspension of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for LWS from 
the PRC, effective the date of publication of the ITC's notice of final 
determination in the Federal Register, and to assess, upon further 
advice by the Department pursuant to section 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise. On or after the date of publication of the ITC's final 
injury determination in the Federal Register, CBP must require, at the 
same time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the rates noted below:

------------------------------------------------------------------------
                                                             Net subsidy
                     Producer/exporter                           rate
                                                              (percent)
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Han Shing Chemical Co., Ltd. (Han Shing Chemical)..........       223.74
Ningbo Yong Feng packaging Co., Ltd. (Ningbo)..............       223.74
Shandong Qilu Plastic Fabric Group, Ltd. (Qilu)............       304.40
Shandong Shouguang Jianyuan Chun Co., Ltd. (SSJ)/Shandong         352.82
 Longxing Plastic Products Company Ltd. (SLP)..............
Zibo Aifudi Plastic Packaging Co., Ltd. (Aifudi)...........        29.54
All Others.................................................       226.85
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    This notice constitutes the countervailing duty order with respect 
to LWS from the PRC pursuant to section 706(a) of the Act. Interested 
parties may contact the Central Records Unit (CRU), Room 1117 of the 
main Commerce building, for copies of an updated list of countervailing 
duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with sections 705(c)(2) and 705(d) of the Act and 19 CFR 
351.211.

    Dated: August 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18195 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-DS-P