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China Certain Coated Paper: Final Affirmative CV Determination

The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of certain coated paper suitable for high-quality print graphics using sheet-fed presses (certain coated paper) from China (C-570-959).

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CV Liquidation Resumed and No Cash Deposits/Bonds as of July 7

For this investigation, the four month period for which the CV suspension of liquidation may remain in effect before the order is issued began on March 9, 2010 (the publication date of the preliminary determination) and ended on July 6, 2010.

Therefore, the ITA has instructed CBP to discontinue the CV suspension of liquidation for CV duty purposes, and the collection of CV duty estimated cash deposits or bonds, for all entries of subject merchandise with a time of entry on or after July 7, 2010. The CBP instructions are available here.

(Suspension of liquidation continues for entries made during the period March 9 through July 6, 2010.)

CV Liquidation to be Re-Suspended, Cash Deposits Collected, If CV Order Issued

If the International Trade Commission issues a final affirmative injury determination, the ITA will issue a CV duty order and instruct CBP to suspend liquidation of entries of subject merchandise and to require a cash deposit on all such entries equal to the revised estimated CV duty rates listed below.

(The ITA notes that the Sun companies failed to provide certain subsidization information since its amended preliminary determination, and has now determined to apply adverse facts available (AFA) to the Sun companies in its final determination. Therefore, the Sun companies’ rate is significantly increased; and has been excluded from the calculation of the “All Others” rate.)

Exporter/ManufacturerFinal CV Rate

(Not in Effect)

Gold East Paper (Jiangsu) Co., Ltd.; Gold Huasheng Paper Co., Ltd.; Gold East Trading (Hong Kong) Company Ltd.; Ningbo Zhonghua Paper Co., Ltd.; and Ningbo Asia Pulp & Paper Co., Ltd. (collectively, the Gold companies)17.64% (from 20.07%)
Shandong Sun Paper Industry Joint Stock Co., Ltd.; Yanzhou Tianzhang Paper Industry Co., Ltd.; Shandong International Paper and Sun Coated Paperboard Co., Ltd.; and International Paper and Sun Cartonboard Co., Ltd. as part of the Sun Paper Companies (collectively, the Sun companies)1178.03% (from 3.92%)
All Others17.64% (from 12.00%)

(If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.)

1Note that the fact sheet on this final CV determination listed Shandong International Paper and Sun Coated Paperboard Co., Ltd. and International Paper and Sun Cartonboard Co., Ltd. as part of the Sun Paper Companies; however, they are not listed in the Federal Register notice. According to ITA sources, these companies are cross-owned.

Three HTS Numbers Added to Scope

Since its preliminary CV duty determination, the ITA has determined to add the following three Harmonized Tariff Schedule numbers to the scope of this investigation: 4810.32, 4810.39 and 4810.92. Therefore, the scope of the investigation regarding HTS classification now states that as of 2009, imports of the subject merchandise are provided for under the following:

4810.14.114810.14.1900
4810.14.50004810.14.6000
4810.19.19004810.19.2010
4810.22.504810.22.6000
4810.29.50004810.29.6000
4810.394810.92

(The ITA notes that although the HTS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.)

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

See today’s ITT, 10092706, 10092707,and 10092709, for BP summaries of the companion final antidumping duty determination for China, and the final AD/CV duty determinations for subject merchandise from Indonesia.

See ITT’s Online Archives or 09/23/10 news, 10092308, for BP summary of the fact sheet announcing this final determination.

See ITT’s Online Archives or 06/01/10 news, 10060136, for BP summary of the amended preliminary CV duty determination.)

ITA contact -- David Neubacher (202) 482-5823

(FR Pub 09/27/10, ITA Case No. C-570-959)