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Business Alert – US







6 Nov 2009
AD/CV Notices

Following are summaries of current AD/CV actions targeting mainland Chinese manufacturers taken by the DOC.

Product: Certain coated paper suitable for high-quality print graphics using sheet-fed presses, classified under HTSUS subheadings 4810.14.11, 4810.14.1900, 4810.14.2010, 4810.14.2090, 4810.14.5000, 4810.14.6000, 4810.14.70, 4810.19.1100, 4810.19.1900, 4810.19.2010, 4810.19.2090, 4810.22.1000, 4810.22.50, 4810.22.6000, 4810.22.70, 4810.29.1000, 4810.29.5000,4810.29.6000 and 4810.29.70.
Nature of Notice
:
Initiation of AD investigation A-570-958 and CV investigation C-570-959, effective 20 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25213.pdf;http://edocket.access.gpo.gov/2009/pdf/E9-25210.pdf)
Summary
:
The scope of these investigations covers certain coated paper and paperboard in sheets

suitable for high quality print graphics using sheet–fed presses with the following characteristics:

  • coated on one or both sides with kaolin, calcium carbonate, titanium dioxide and/or other inorganic substances;
  • with or without a binder;
  • having a GE brightness level of 80 or higher;
  • weighing not more than 340 grams per square metre;
  • whether gloss grade, satin grade, matte grade, dull grade or any other grade of finish; and
  • whether or not surface–coloured, surface–decorated, printed (except as described below), embossed or perforated.

Certain coated paper includes (i) coated free sheet paper and paperboard that meets this scope definition; (ii) coated groundwood paper and paperboard produced from bleached chemi–thermomechanical pulp that meets this scope definition; and (iii) any other coated paper that meets this scope definition. Coated paper is typically used for printing multi–coloured graphics for catalogues, books, magazines, envelopes, labels and wraps, greeting cards and other commercial printing applications requiring high-quality print graphics. Specifically excluded from the scope are paper and paperboard printed with final content printed text or graphics.

The USITC is expected to reach a preliminary injury determination by 9 November (a vote has been scheduled for 6 November). If the USITC issues an affirmative determination, the DOC will carry out its AD and CV duty investigations; otherwise, the investigations will be terminated and no duties will be imposed.

Product: Certain sodium and potassium phosphate salts, classified under HTSUS subheadings 2835.31.0000, 2835.39.1000, 2835.24.0000 and 2835.24.0000.
Nature of Notice
:
Initiation of AD investigation A-570-962 and CV investigation C-570-963, effective 21-23 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25340.pdf;http://edocket.access.gpo.gov/2009/pdf/E9-25571.pdf)
Summary
:
The scope of these investigations covers sodium tripolyphosphate (STPP), whether anhydrous or in solution, anhydrous monopotassium phosphate (MKP), anhydrous dipotassium phosphate (DKP) and tetrapotassium pyrophosphate (TKPP), whether anhydrous or in solution. The products covered by this investigation include the foregoing phosphate salts in all grades, whether food grade or technical grade. Anhydrous MKP and DKP are covered without regard to the physical form, whether crushed, granule, powder or fines. Also covered are all forms of STPP and TKPP, whether crushed, granule, powder, fines or solution.

The USITC is expected to reach a preliminary injury determination by 9 November (a vote has been scheduled for 6 November). If the USITC issues an affirmative determination, the DOC will carry out its AD and CV duty investigations; otherwise, the investigations will be terminated and no duties will be imposed.

Product: Certain tissue paper products, classified under HTSUS 4802.30, 4802.54, 4802.61, 4802.62, 4802.69, 4804.39, 4806.40, 4808.30, 4808.90, 4811.90, 4823.90 and 9505.90.40.
Nature of Notice
:
Partial rescission of administrative review in AD investigation A-570-894, effective 21 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25336.pdf)
Summary: The DOC has rescinded its administrative review with respect to subject merchandise exported by Sunlake Décor Co. Ltd. during the period 1 March 2008 through 28 February 2009 because the petitioner withdrew its request for a review. As a result, the cash deposit rate for subject merchandise from this company will continue to be the rate established in the most recently completed administrative review. This administrative review will continue with respect to Max Fortune Industrial Limited and Max Fortune (FETDE) Paper Products Co. Ltd. and Seaman Paper Asia Company Ltd.

Product: Fresh garlic, classified under HTSUS subheadings 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000 and 2005.90.9700.
Nature of Notice
:
Partial rescission of administrative review in AD investigation A-570-831, effective 21 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25350.pdf)
Summary
:
The DOC has rescinded its administrative review with respect to subject merchandise exported by some 44 companies during the period 1 November 2007 through 31 October 2008 because the petitioners withdrew their request for a review. As a result, the cash deposit rates for subject merchandise from these companies will continue to be the rates established in the most recently completed administrative review.

Product: Certain standard steel fasteners, classified under HTSUS subheadings 7318.15.2030, 7318.15.2055, 7318.15.2065, 7318.15.8065, 7318.15.8085 and 7318.16.0085.
Nature of Notice
:
Initiation of AD investigation A-570-960 and CV investigation C-570-961, effective 22 October 2009.
Link:(http://edocket.access.gpo.gov/2009/pdf/E9-25194.pdf;http://edocket.access.gpo.gov/2009/pdf/E9-25197.pdf)
Summary: The scope of these investigations covers certain standard nuts, standard bolts and standard cap screws of steel other than stainless steel. These items may have a variety of finishes, including coating in paint, phosphates and zinc. Standard bolts and standard cap screws covered by the investigations have a shank or thread with an actual and/or nominal diameter between six millimetres and 32 millimetres. Standard bolts and standard cap screws covered by the investigations also possess a circular or hexagonal head, the surface of which may be flat or rounded. Standard bolts may have an attached washer face or the equivalent (e.g., a flanged head or chamfered corners on the underside of a fastener with a hexagonal-shaped head). Subject standard cap screws have a permanently-attached washer face. Standard nuts are covered by the investigations if they are suitable for attachment to bolts and/or cap screws covered by the investigations. These items are covered whether imported alone, attached to other subject and/or non-subject merchandise (e.g., tension control assemblies), or unattached and in combination with other subject merchandise and/or non-subject merchandise. Subject merchandise is typically certified to the specifications published by one or more consensus standards organisations such as the American Society for Testing and Materials, the Society of Automotive Engineers, the International Organisation for Standardisation and the Industrial Fasteners Institute. Common specifications to which subject merchandise is certified include ASTM A194, ASTM A307, ASTM A325, ASTM A325M, ASTM A354, ASTM A449, ASTM A490, ASTM A563, ASTM F568M, ASTM F1852, ASTM F2280, SAE J429, SAE J1199, ISO 898–1, ISO 898–2, ISO 4759–1, ISO 8992 and comparable foreign and domestic specifications.

Specifically excluded from the scope of the investigations are bolts, cap screws and nuts produced for an original equipment manufacturer part number specific to any automobile, work lorry or medium-duty passenger vehicle. Also excluded from the scope are (1) bolts, cap screws and nuts produced for an OEM part number specific to any aircraft; (2) track bolts having a circular, rounded head and a shank which, immediately beneath the head, possesses an oval or elliptical shape, such that the non-round shape would restrict rotational movement of the bolt; (3) carriage bolts having a circular, rounded head and a shank which, immediately beneath the head, possesses a non-round shape (e.g., square, finned), such that the non-round shape would restrict rotational movement of the bolt; and (4) socket screws having a head with a recessed cavity into which a shaped bit may be inserted to turn and drive the fastener.

The USITC is expected to reach a preliminary injury determination by 9 November (a vote has been scheduled for 6 November). If the USITC issues an affirmative determination, the DOC will carry out its AD and CV duty investigations; otherwise, the investigations will be terminated and no duties will be imposed.

Product: Certain steel grating, classified under HTSUS 7308.90.7000.
Nature of Notice
:
Postponement of preliminary determination in AD investigation A-570-947, effective 22 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25444.pdf)
Summary
:
The issuance of the preliminary determination in this investigation had been scheduled for 5 November but the DOC has decided to extend this deadline until 28 December. The preliminary determination will indicate whether the DOC is likely to establish AD duties on imports of subject merchandise.

Product: Various products.
Nature of Notice
:
Initiation of administrative reviews of AD/CV duty orders, effective 26 October 2009.
Link:(http://edocket.access.gpo.gov/2009/pdf/E9-25752.pdf)
Summary
:
The DOC has initiated separate administrative reviews of the AD duty orders on the following goods: certain lined paper products (A-570-901) – period of review 1 September 2008 through 31 August 2009; certain new pneumatic off-the-road tyres (A-570-912) – POR 20 February 2008 through 31 August 2009; and freshwater crawfish tail meat (A-570-848) – POR 1 September 2008 through 31 August 2009. The DOC has also initiated a review of the CV duty order on certain new pneumatic off-the-road tyres (C-570-913) for the period 17 December 2007 through 31 December 2008. These reviews are scheduled to be completed by 30 September 2010 and could result in (a) revised AD/CV duty assessments for entries of subject merchandise made during the applicable period of review and (b) revised AD/CV duty cash deposit rates for entries made after completion of the review.

Product: Pre-stressed concrete steel wire strand, classified under HTSUS 7312.10.3010 and 7312.10.3012.
Nature of Notice
:
Postponement of preliminary determination in AD investigation A-570-945, effective 26 October 2009.
Link:(http://edocket.access.gpo.gov/2009/pdf/E9-24961.pdf)
Summary
:
The issuance of the preliminary determination in this investigation had been scheduled for 3 November but the DOC has decided to extend this deadline until 3 December. The preliminary determination will indicate whether the DOC is likely to establish AD duties on imports of subject merchandise.

Product: Frozen warm water shrimp, classified under HTSUS subheadings 0306.13.0003, 0306.13.0006, 0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021, 0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and 1605.20.1030.
Nature of Notice
:
Extension of time limit for preliminary results of administrative review in AD investigation A-570-893, effective 27 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25856.pdf)
Summary
:
The issuance of the preliminary results of this review, which covers imports of subject merchandise during the period 1 February 2008 through 31 January 2009, had been scheduled for 31 October. The DOC has decided to extend this deadline until 1 March 2010. The preliminary results will indicate whether the DOC is likely to amend the existing AD margins, which affect both cash deposit and duty assessment rates.

Product: Seamless refined copper pipe and tube, classified under HTSUS subheadings 7411.10.1030, 7411.10.1090, 7407.10.1500, 7419.99.5050, 8415.90.8065 and 8415.90.8085.
Nature of Notice
:
Initiation of AD investigation A-570-964, effective 27 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25855.pdf)
Summary: The scope of this investigation covers all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to six inches (152.4 mm) in length and measuring less than 12.130 inches (308.102 mm) in outside diameter, regardless of wall thickness, bore (e.g., smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold-drawn, annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins or gills), end finish (e.g., plain end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint), insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting) or physical configuration (e.g., straight, coiled, bent, wound on spools). The scope covers seamless refined copper pipe and tube produced or comparable to ASTM–B42, ASTM–B68, ASTM–B75, ASTM–B88, ASTM–B88M, ASTM–B188, ASTM–B251, ASTM–B251M, ASTM–B280, ASTM–B302, ASTM–B306, ASTM–359, ASTM–B743, ASTM–B819 and ASTM–B903 specifications

and meeting the physical parameters described therein. Also included within the scope are all sets of covered products, including “line sets” of seamless refined copper tubes (with or without fittings or

insulation) suitable for connecting an outdoor air conditioner or heat pump to an indoor evaporator unit. The phrase “all sets of covered products” denotes any combination of items put up for sale that is comprised of merchandise subject to the scope. Specifically excluded from the scope are all seamless circular hollows of refined copper less than 12 inches in length whose outside diameter exceeds its length.

The USITC is expected to reach a preliminary injury determination by 16 November (a vote has been scheduled for 13 November). If the USITC issues an affirmative determination, the DOC will carry out its AD and CV duty investigations; otherwise, the investigations will be terminated and no duties will be imposed.

Product: Wire decking, classified under HTSUS subheadings 7217.10, 7217.20, 7326.20, 7326.90, 9403.20.0020, 9403.20.0030 and 9403.90.8040.
Nature of Notice
:
Postponement of preliminary determination in AD investigation A-570-949, effective 27 October 2009.
Link:(http://edocket.access.gpo.gov/2009/pdf/E9-25852.pdf)
Summary
:
The issuance of the preliminary determination in this investigation had been scheduled for 12 November but the DOC has decided to extend this deadline until 4 January 2010. The preliminary determination will indicate whether the DOC is likely to establish AD duties on imports of subject merchandise.

Product: Circular welded carbon quality steel pipe, classified under HTSUS subheadings 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10 and 7306.19.51.50.
Nature of Notice
:
Rescission of administrative review in CV investigation C-570-911, effective 28 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-25952.pdf)
Summary
:
The DOC has rescinded its administrative review with respect to subject merchandise for the period 13 November 2007 through 31 December 2008 because the petitioners withdrew their request for a review. As a result, the cash deposit rates for subject merchandise will continue to be the rates established in the original investigation.

Product: Wooden bedroom furniture, classified under HTSUS subheadings 7009.92.5000, 9403.50.9040 and 9403.50.9080.
Nature of Notice
:
Amended final results of administrative and new shipper reviews in AD investigation A-570-890, effective 28 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-26107.pdf)
Summary
:
The final results of this review were published on 17 August. Several parties filed ministerial error allegations a few days earlier and the DOC has now decided to make certain changes to the final dumping margins, as follows. The DOC will instruct CBP to collect AD cash deposits on imports of subject merchandise at these amended rates.

Exporter

Original
Margin

Amended
Margin

Administrative Review    
Guangdong Yihua Timber Industry Co. Ltd. (a.k.a. Yihua Timber Industry Co. Ltd.) 29.98% 29.89%
Brother Furniture Manufacture Co. Ltd. 29.98% 29.89%
COE Ltd. 29.98% 29.89%
Decca Furniture Limited 29.98% 29.89%
Dongguan Landmark Furniture Products Ltd. 29.98% 29.89%
Dongguan Mingsheng Furniture Co. Ltd. 29.98% 29.89%
Dongguan Yihaiwei Furniture Limited 29.98% 29.89%
Fujian Lianfu Forestry Co. Ltd. (aka Fujian Wonder Pacific Inc. (Dare Group)) 29.98% 29.89%
Fuzhou Huan Mei Furniture Co. Ltd. (Dare Group) 29.98% 29.89%
Jiangsu Dare Furniture Co. Ltd. (Dare Group) 29.98% 29.89%
Hwang Ho International Holdings Limited 29.98% 29.89%
Meikangchi (Nantong) Furniture Company Ltd. 29.98% 29.89%
Orient International Holding Shanghai Foreign Trading Co. Ltd. 216.01% 216.01%
Qingdao Shengchang Wooden Co. Ltd. 29.98% 29.89%
Shenzhen Shen Long Hang Industry Co. Ltd. 29.98% 29.89%
Transworld (Zhangzhou) Furniture Co. Ltd. 29.98% 29.89%
Winny Universal Ltd., Zhongshan Winny Furniture Ltd., Winny Overseas Ltd. 29.98% 29.89%
Xingli Arts & Crafts Factory of Yangchun 29.98% 29.89%
Zhongshan Gainwell Furniture Co. Ltd. 29.98% 29.89%
China-wide 216.01% 216.01%

 

 

 

New Shipper Review

 

 

Golden Well International (HK) Ltd. (produced by Zhangzhou XYM Furniture Product Co. Ltd.) 0.00% 0.00%
Dongguan Sunshine Furniture Co. Ltd. 0.00% 0.00%

Product: Silicon metal, classified under HTSUS subheadings 2804.69.10 and 2804.69.50.
Nature of Notice
:
Extension of time limit for final results of administrative review in AD investigation A-570-806, effective 28 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-26106.pdf)
Summary
:
The issuance of the final results of this review, which covers imports of subject merchandise during the period 1 June 2007 through 31 May 2008, had been scheduled for 6 November. The DOC has decided to extend this deadline until 7 December. The final results will indicate whether the DOC will amend the existing AD margins, which affect both cash deposit and duty assessment rates.

Product: Barium chloride, classified under HTSUS subheading 2827.39.4500.
Nature of Notice
:
Final results of expedited sunset review in AD investigation A-570-007, effective 28 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-26109.pdf)
Summary: The DOC has determined that revocation of this AD duty order would likely lead to continuation or recurrence of dumping. The USITC will proceed with its own investigation to determine whether revocation would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. This order will be extended for an additional five years if the USITC issues an affirmative determination but will be rescinded if the USITC issues a negative determination.

Product: Freshwater crawfish tail meat, classified under HTSUS subheadings 0306.19.0010, 0306.29.0000, 1605.40.1010 and 1605.40.1090.
Nature of Notice
:
Initiation of new shipper review in AD investigation A-570-848, effective 30 October 2009.
Link
:
(http://edocket.access.gpo.gov/2009/pdf/E9-26228.pdf)
Summary
:
The DOC has initiated a new shipper review of subject merchandise produced by Henan Baoshu Aquatic Products Co. Ltd. and exported by Nanjing Gemsen International Co. Ltd. during the period 1 September 2008 through 31 August 2009. The review will indicate whether the DOC is likely to establish a separate AD margin for this producer/exporter combination.