Laminated Woven Sacks From the People's Republic of China: Countervailing Duty Order, 45955-45956 [E8-18195]
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
through Melissa G. Skinner, Director,
Office 3, Operations, from Eric B.
Greynolds, Program Manager, Office 3,
Operations, regarding ‘‘Preliminary
Determination Ministerial Error
Allegations’’ (July 22, 2008), a
proprietary document of which the
public version is on file in the Central
45955
Records Unit (CRU), room 1117 in the
main Department building. As a result
of the corrections of the ministerial
errors, the countervailable subsidy rates
are as follows:
Producer/exporter
Original net subsidy rate
Amended net subsidy rate
Winner Stainless Steel Tube Co., Ltd (Winner), Winner Machinery Enterprise Company Ltd, (Winner HK), and Winner Steel Products
(Guangzhou) Co., Ltd. (WSP) (collectively the Winner Companies).
Froch Enterprises Co. Ltd. (Froch) (also known as Zhangyuan Metal
Industry Co. Ltd.).
All Others Rate ........................................................................................
1.47 percent ad valorem ...............
0.35 percent ad valorem (de minimis).
106.85 percent ad valorem ...........
105.73 percent ad valorem.
1.47 percent ad valorem ...............
53.04 percent ad valorem.
sroberts on PROD1PC70 with NOTICES
The collection of bonds or cash
deposits and suspension of liquidation
will be revised accordingly and parties
will be notified of this determination, in
accordance with section 703(d) and (f)
of the Act. Specifically, since the
amended preliminary determination is
negative with respect to the Winner
Companies, we are directing U.S.
Customs and Border Patrol (CBP) to
terminate suspension of liquidation of
all entries of CWASPP produced and
exported by the Winner Companies
entered or withdrawn from warehouse
for consumption on or after July 10,
2008, the publication date of the
Preliminary Determination, and to
release any bond or other security, and
refund any cash deposit. In accordance
with sections 703(d)(1)(B) and (2) of the
Act, we are directing CBP to continue to
suspend liquidation of all other entries
of CWASPP from the PRC that are
entered, or withdrawn from warehouse,
for consumption on or after July 10,
2008.
With respect to Froch, we are
directing CBP to require a cash deposit
or bond for such entries of subject
merchandise in the amount indicated
above that are entered, or withdrawn
from warehouse, for consumption on or
after July 10, 2008, and to grant a refund
for any overcollection on such entries if
the importer makes such a request
pursuant to 19 U.S.C. 1520(a)(4).
Regarding the rate applied to all other
companies not individually
investigated, we are directing CBP to
require a cash deposit or bond for such
entries of subject merchandise in the
amount indicated above that are
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this amended
preliminary determination in the
Federal Register.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we have notified the
International Trade Commission (ITC) of
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
our amended preliminary
determination. If our final
determination is affirmative, the ITC
will make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of CWASPP from the
PRC, or sales (or the likelihood of sales)
for importation, of the subject
merchandise within 45 days of our final
determination. See Section 705(b)(2)(B)
of the Act.
This determination is issued and
published in accordance with sections
703(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–18249 Filed 8–6–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–917]
Laminated Woven Sacks From the
People’s Republic of China:
Countervailing Duty Order
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).
AGENCY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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:
DATED:
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.
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
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.
E:\FR\FM\07AUN1.SGM
07AUN1
45956
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
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
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
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:
Producer/exporter
Han Shing Chemical Co., Ltd.
(Han Shing Chemical) ...........
Ningbo Yong Feng packaging
Co., Ltd. (Ningbo) .................
Shandong Qilu Plastic Fabric
Group, Ltd. (Qilu) ..................
Shandong Shouguang
Jianyuan Chun Co., Ltd.
(SSJ)/Shandong Longxing
Plastic Products Company
Ltd. (SLP) ..............................
Zibo Aifudi Plastic Packaging
Co., Ltd. (Aifudi) ....................
All Others ..................................
Frm 00020
Fmt 4703
Sfmt 4703
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(C–533–825)
Polyethylene Terephthalate Film,
Sheet, and Strip from India:
Preliminary Results of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty order on
polyethylene terephthalate (PET) film,
sheet and strip from India for the period
January 1, 2006 through December 31,
2006. We preliminarily determine that
subsidies are being provided on the
production and export of PET film from
India. See the ‘‘Preliminary Results of
Administrative Review’’ section, below.
If the final results remain the same as
the preliminary results of this review,
we will instruct U.S. Customs and
Border Protection (CBP) to assess
countervailing duties. Interested parties
are invited to comment on the
Net subsidy preliminary results of this
rate
administrative review. See the ‘‘Public
(percent)
Comment’’ section of this notice, below.
EFFECTIVE DATE: August 7, 2008
223.74
FOR FURTHER INFORMATION CONTACT: Elfi
223.74 Blum, AD/CVD Operations, Office 6,
Import Administration, International
304.40 Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–0197.
SUPPLEMENTARY INFORMATION:
352.82
29.54
226.85
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.
PO 00000
Dated: August 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–18195 Filed 8–6–08; 8:45 am]
AGENCY:
Background
On July 1, 2002, the Department
published in the Federal Register the
countervailing duty (CVD) order on PET
film from India. See Countervailing
Duty Order: Polyethylene Terephthalate
Film, Sheet and Strip (PET Film) from
India, 67 FR 44179 (July 1, 2002) (PET
Film Order). On July 3, 2007, the
Department published in the Federal
Register a notice of opportunity to
request an administrative review of this
order. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 72
E:\FR\FM\07AUN1.SGM
07AUN1
Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45955-45956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18195]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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