[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45941-45943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18196]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-916]
Notice of Antidumping Duty Order: Laminated Woven Sacks From the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
laminated woven sacks 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. See Laminated
Woven Sacks from China, Investigation No. 731-TA-1122 (Final), USITC
Publication 4025 (July 2008).
DATES: Effective Date: August 7, 2008.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the ``Act''), on June 24, 2008, the Department
published Laminated Woven Sacks from the People's Republic of China:
Final
[[Page 45942]]
Determination of Sales at Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances, 73 FR 35646 (June 24, 2008)
(``Final Determination'').
Scope of the Order
The merchandise covered by this investigation 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 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 4602.90.0000. Although HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
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 LWS, we extended the four-month
period to no more than six months. See Laminated Woven Sacks From the
People's Republic of China: Preliminary Determination of Sales at Less
Than Fair Value, Partial Affirmative Determination of Critical
Circumstances, and Postponement of Final Determination, 73 FR 5801,
5811 (January 31, 2008) (``Preliminary Determination''). In this
investigation, the six-month period beginning on the date of the
publication of the Preliminary Determination, (i.e., January 31, 2008)
ended on July 28, 2008. Furthermore, section 737 of the Act states that
definitive duties are to begin on the date of publication of the ITC's
final injury determination. Therefore, in accordance with section
733(d) of the Act, we will instruct U.S. Customs and Border Protection
(``CBP'') to terminate suspension of liquidation and to liquidate
without regard to antidumping duties (i.e., release all bonds and
refund all cash deposits with interest), unliquidated entries of LWS
from the PRC entered, or withdrawn from warehouse, for consumption
after July 29, 2008, 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 the date of publication of the
ITC's final injury determination in the Federal Register.
Antidumping Duty Order
On July 30, 2008, in accordance with section 735(d) of the Act, the
ITC notified the Department of its final determination, pursuant to
section 735(b)(1)(A)(i) of the Act, that an industry in the United
States is materially injured by reason of less-than-fair-value imports
of subject merchandise from the PRC. Therefore, 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 (or constructed export price) of the merchandise for all
relevant entries of laminated woven sacks from the PRC. These
antidumping duties will be assessed on all unliquidated entries of
laminated woven sacks from the PRC entered, or withdrawn from the
warehouse, for consumption on or after January 31, 2008, the date on
which the Department published its preliminary determination. See
Preliminary Determination.
The ITC also notified the Department that it made a negative
critical circumstances determination in this investigation. Therefore,
we will instruct CBP to lift suspension, 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 on or after November 2,
2007, but before January 31, 2008 (i.e., the 90 days prior to the date
of publication of the Preliminary Determination).
Effective on the date of publication of the ITC's final affirmative
injury determination, 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. See section 735(c)(3) of the Act. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not
specifically listed. The weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weight-
average
Exporter Producer margin
(percent)
------------------------------------------------------------------------
ZIBO AIFUDI PLASTIC PACKAGING ZIBO AIFUDI PLASTIC 64.28
CO., LTD. PACKAGING CO., LTD.
[[Page 45943]]
POLYWELL INDUSTRIAL CO., a.k.a. POLYWELL PLASTIC PRODUCT 64.28
FIRST WAY (H.K.) LIMITED. FACTORY.
ZIBO LINZI WORUN PACKING PRODUCT ZIBO LINZI WORUN PACKING 64.28
CO., LTD. PRODUCT CO., LTD.
SHANDONG QIKAI PLASTICS PRODUCT SHANDONG QIKAI PLASTICS 64.28
CO., LTD. PRODUCT CO., LTD.
CHANGLE BAODU PLASTIC CO. LTD.... CHANGLE BAODU PLASTIC 64.28
CO. LTD.
ZIBO LINZI SHUAIQIANG PLASTICS ZIBO LINZI SHUAIQIANG 64.28
CO. LTD. PLASTICS CO. LTD.
ZIBO LINZI QITIANLI PLASTIC ZIBO LINZI QITIANLI 64.28
FABRIC CO. LTD. PLASTIC FABRIC CO. LTD.
SHANDONG YOULIAN CO. LTD......... SHANDONG YOULIAN CO. LTD 64.28
ZIBO LINZI LUITONG PLASTIC FABRIC ZIBO LINZI LUITONG 64.28
CO. LTD. PLASTIC FABRIC CO. LTD.
WENZHOU HOTSON PLASTICS CO. LTD.. WENZHOU HOTSON PLASTICS 64.28
CO. LTD.
JIANGSU HOTSON PLASTICS CO. LTD.. JIANGSU HOTSON PLASTICS 64.28
CO. LTD.
CANGNAN COLOR MAKE THE BAG....... CANGNAN COLOR MAKE THE 64.28
BAG.
ZIBO QIGAO PLASTIC CEMENT CO. LTD ZIBO QIGAO PLASTIC 64.28
CEMENT CO. LTD.
PRC-WIDE RATE.................... ........................ 91.73
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This notice constitutes the antidumping duty order with respect to
laminated woven sacks from the PRC pursuant to section 736(a) of the
Act. Interested parties may contact the Department's Central Records
Unit, Room 1117 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: August 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18196 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-DS-P