MESSAGE NO: 4029202 DATE: 1/29/2004

CATEGORY: ADA TYPE: PRE

REFERENCE: REFERENCE DATE:

CASES: A-588-863

PERIOD COVERED: 09/23/2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: PRELIMINARY AFFIRMATIVE CRITICAL CIRCUMSTANCES, DETERMINATION IN
ANTIDUMPING INVESTIGATION OF WAX AND, WAX/RESIN THERMAL TRANSFER
RIBBON-JAPAN (A-588-863)

1\. ON DECEMBER 22, 2003, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE
FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF CRITICAL
CIRCUMSTANCES IN THE ANTIDUMPING DUTY INVESTIGATION OF WAX AND WAX/RESIN
THERMAL TRANSFER RIBBON FROM JAPAN (TTR). COMMERCE DIRECTS CUSTOMS AND
BORDER PROTECTION (CBP) TO SUSPEND LIQUIDATION OF ALL APPROPRIATE
ENTRIES OF TTR FROM JAPAN THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION ON OR AFTER 90 DAYS PRIOR TO THE DATE OF PUBLICATION IN
THE FEDERAL REGISTER OF THE PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE (LTFV). CBP SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A
BOND EQUAL TO THE ESTIMATED PRELIMINARY DUMPING MARGIN REFLECTED IN THE
PRELIMINARY DETERMINATION OF SALES AT LTFV PUBLISHED IN THE FEDERAL
REGISTER.

2\. FOR THE PURPOSE OF THIS INVESTIGATION, THE PRODUCT COVERED IS TTR,
IN SLIT OR UNSLIT (\"JUMBO\") FORM ORIGINATING FROM JAPAN WITH A TOTAL
WAX (NATURAL OR SYNTHETIC) CONTENT OF ALL THE IMAGE SIDE LAYERS, THAT
TRANSFER IN WHOLE OR IN PART, OF EQUAL TO OR GREATER THAN 20 PERCENT BY
WEIGHT AND A WAX CONTENT OF THE COLORANT LAYER OF EQUAL TO OR GREATER
THAN 10 PERCENT BY WEIGHT, AND A BLACK COLOR AS DEFINED BY INDUSTRY
STANDARDS BY THE CIELAB (INTERNATIONAL COMMISSION ON ILLUMINATION) COLOR
SPECIFICATION SUCH THAT THE LIGHTNESS (\"L\")AXIS IS LESS THAN 35, THE
\"A\" AXIS IS VALUED BETWEEN-20 AND 35, AND THE \"B\" AXIS IS VALUED
BETWEEN 40 AND 31, AND BLACK AND NEAR-BLACK TTR. TTR IS TYPICALLY USED
IN PRINTERS GENERATING ALPHANUMERIC AND MACHINE-READABLE CHARACTERS,
SUCH AS BAR CODES AND FACSIMILE MACHINES.

THIS INVESTIGATION DOES NOT COVER RESIN TTR, AND FINISHED THERMAL
TRANSFER RIBBONS WITH A WIDTH GREATER THAN 212 MILLIMETERS (MM), BUT NOT
GREATER THAN 220 MM (OR 8.35 TO 8.66 INCHES) AND A LENGTH OF 230 METERS
(M) OR LESS (I.E., SLIT FAX TTR, INCLUDING CASSETTED TTR), AND RIBBONS
WITH A MAGNETIC CONTENT OF GREATER THAN OR EQUAL TO 45 PERCENT, BY
WEIGHT, IN THE COLORANT LAYER.

THE MERCHANDISE SUBJECT TO THIS INVESTIGATION MAY BE CLASSIFIED IN THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) AT HEADING 3702
AND SUBHEADINGS 3921.90.40.25, 9612.10.90.30, 3204.90, 3506.99, 3919.90,
3920.62, 3920.99 AND 3926.90. THE TARIFF CLASSIFICATIONS ARE PROVIDED
FOR CONVENIENCE AND CBP PURPOSES; HOWEVER, THE WRITTEN DESCRIPTION OF
THE SCOPE OF THE INVESTIGATION IS DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-588-863.

4\. FOR IMPORTS OF TTR FROM JAPAN, CBP SHALL SUSPEND LIQUIDATIONS OF
SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR
AFTER SEPTEMBER 23, 2003. EFFECTIVE SEPTEMBER 23, 2003 CBP SHALL
REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL
TO THE MARGIN RATES SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN PERCENTAGE EXPORTER NUMBER RATE

DAI NIPPON PRINTING A-588-863-001 147.3 COMPANY LIMITED

UNION CHEMICAR A-588-863-002 147.3 COMPANY LIMITED

5\. IN ACCORDANCE WITH THE LONGSTANDING POLICY OF THE 1985 TREASURY
DECISION AND MEMORANDUM OF AGREEMENT (MOA) BETWEEN COMMERCE AND CBP,
T.D. 85-145, AT THE DISCRETION OF CBP, CBP OFFICERS MAY ACCEPT EITHER A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC
IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED
ANTIDUMPING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE
EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND
FOR ESTIMATED ANTIDUMPING DUTIES, CBP OFFICERS MUST REQUIRE A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145.
AS HAS BEEN THE CASE SINCE THE MOA AND TREASURY DECISION, YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO
THESE BONDING REQUIREMENTS.

6\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI
AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
(GENERATED BY G309:CW).

7\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA