[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
------------------------------------------------------------------------

    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