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AD: China Laminated Woven Sacks

The International Trade Administration has made a preliminary affirmative antidumping duty determination that laminated woven sacks from China are being, or are likely to be, sold in the U.S. at less than fair value.

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Combination rates. The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, (Ref: 05041110), for BP summary of an April 2005 policy bulletin outlining this change in practice with regard to combination rates for non-market economies (NMEs).)

Suspension of liquidation; critical circumstances for Aifudi, SR companies. The ITA has preliminarily determined that critical circumstances exist with respect to imports of laminated woven sacks from Aifudi and the companies receiving a separate rate, and therefore it will instruct U.S. Customs and Border Protection to suspend liquidation of any entries of laminated woven sacks from China produced and exported by Aifudi and the separate rate producer/exporter combinations with a time of entry on or after 90 days prior to January 31, 2008.

For SSJ and the China-wide entity, the ITA will instruct CBP to suspend liquidation of all entries with time of entry on or after January 31, 2008.

AD cash deposit or bond. The ITA will also instruct CBP to require a cash deposit or the posting of a bond at the AD rates listed below, for entries of subject merchandise from China with a time of entry on or after January 31, 2008 for the following exporter/producer combinations and the China-wide entity:

Postponement of Final AD Duty Determination

In addition, the ITA states that it is postponing its final AD duty determination for laminated woven sacks from China until no later than 135 days after January 31, 2008, and suspension of liquidation will be extended accordingly.

Preliminary Amendment of the Scope of the Investigation

The ITA has analyzed the comments received and has preliminarily determined to amend the scope of this investigation from its initiation notice, as follows (changes are underlined):

(1) "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; 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.

(2) "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 HTS 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 measures 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."

Note that the reference to HTS 3921.19.000 has been removed.

(See ITA notice for additional information, including the scope of the investigation, scope comments, etc.

See ITT's Online Archives or 07/26/07 news, 07072625, for BP summary of the ITA's initiation of the AD and countervailing duty investigations on laminated woven sacks from China.

See ITT's Online Archives or 12/04/07 news, 07120430, for BP summary of the ITA's postponement of this preliminary determination.)

ITA contact - Catherine Bertrand (202) 482-3207

ITA notice (FR Pub 01/31/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-1755.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-lws-prelim-012508.pdf