AD: China Certain Tissue Paper Products

The ITA also continues to find critical circumstances for the China-wide entity and China National. Fujian Naoshan newly has critical circumstances, as it (as well as China National) is now part of the China entity.

As a result, the ITA will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from the China-wide entity, which now includes Fujian Naoshan and China National, that have a time of entry on or after June 23, 2004 (90 days prior to the September 21, 2004 Federal Register publication of the preliminary determination).

The ITA will also instruct CBP to continue to suspend liquidation of all entries of subject merchandise from the below-listed Section A respondents that received a separate rate, that have a time of entry on or after September 21, 2004.

As a result of this final determination, the ITA is expected to instruct CBP to require a cash deposit or the posting of a bond at the revised AD rates listed below, for entries of subject merchandise with a time of entry on or after February 14, 2005:

The ITA has determined that the two mandatory respondents in this AD duty investigation, Fujian Naoshan Paper Industry Group Co., Ltd. (Fujian Naoshan) and China National Aero-Technology Import & Export Xiamen Corporation (China National), are not entitled to separate rates and as such will receive the China-wide rate of 112.64%. In the preliminary AD duty determination, Fujian Naoshan had received a preliminary AD rate of 9.55% and China National had received a preliminary AD rate of 125.58%.

Section A respondents are companies who were not selected as mandatory respondents but submitted responses to Section A of the ITA's AD questionnaire and had sales of subject merchandise to the U.S. during the period of investigation.

The following nine Section A respondents established their claim for a separate rate. However, because the ITA is applying total adverse facts available (AFA) to the mandatory respondents, these Section A respondents will receive the same rate as the China-wide rate, which is 112.64%, the only rate available for use in this final AD duty determination.

The ITA explains that although Fujian Xinjifu Enterprises Co., Ltd. (Fujian Xinjifu) and Fuzhou Magicopro Gifts Co., Ltd. (Magicpro) were included as Section A respondents receiving a separate rate in the preliminary AD duty determination, they are no longer Section A respondents as the ITA received notice that Fujian Xinjifu would not participate in the verification of its Section A response and Magicpro would no longer participate in the AD duty investigation.

In addition, the ITA states that Hunan Winco Light Industry Products Import & Export Co., Ltd. (Hunan Winco) is no longer a Section A respondent as it did not provide sufficient information to support its request for a separate rate.

Subcribers should note that CBP's Adm: 04-2262 also listed the following alternative names for this company: "China National," or "CATICXM."

⁴ITA sources states that BA was inadvertently omitted from this Federal Register notice as a Section A respondent qualifying for a separate rate. These sources explain that in place of BA, Anhui Light Industrial Import & Export Co., Ltd. (Anhui Light) was erroneously included in the Section A group. These sources state that a correction will be issued adding BA to this list and deleting Anhui Light.

(See ITA notice for more information, including the scope of the investigation, which is unchanged from the preliminary determination. See ITT's Online Archives or 09/22/04 news, 04092245, for BP summary of the preliminary AD duty determination.)

ITA Contact - Alex Villanueva (202) 482-3208

ITA Notice (FR Pub 02/14/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-595.pdf

Adm: 04-2262 (dated 10/19/04) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2262.ADM