February 15, 2008, Federal Register
(73 FR 8902)
the International Trade Commission published
[Investigation Nos. 701-TA-450 and 731-TA-1122 (Final)] Laminated Woven Sacks From China Scheduling of the final phase of countervailing duty and antidumping investigations.
The Petition
On June 28, 2007, the Department of Commerce (Department) received
a Petition filed in proper form by the Laminated Woven Sacks Committee
and its individual members, Bancroft Bag, Inc., Coating Excellence
International, LLC, Hood Packaging Corporation, Mid-America Packaging,
LLC, and Polytex Fibers Corporation (collectively, the Petitioners).
See Petition for the Imposition of Antidumping and Countervailing
Duties Against Laminated Woven Sacks from the People's Republic of
China (June 28, 2007) (Petition). On July 2, July 6, July 11, and July
12, 2007, the Department issued requests for additional information and
clarification of certain areas of the Petition involving general issues
concerning the countervailing duty (CVD) allegations. Based on the
Department's requests, the Petitioners filed additional information
concerning the Petition on July 11 and July 13, 2007.
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the Petitioners allege that manufacturers,
producers, or exporters of laminated woven sacks (LWS) in the People's
Republic of China (the PRC) receive countervailable subsidies within
the meaning of section 701 of the Act and that such imports are
materially retarding the establishment of an industry in the United
States, or that such an industry is materially injured or threatened
with material injury by reason of such imports.
The Department finds that the Petitioners filed the Petition on
behalf of the domestic industry because they are interested parties as
defined in sections 771(9)(E) and (F) of the Act and the Petitioners
have demonstrated sufficient industry support with respect to the
countervailing duty investigation (see ``Determination of Industry
Support for the Petition'' section below).
Scope of Investigation
The merchandise covered by this investigation is laminated woven
sacks. See Attachment to this notice for a complete description of the
merchandise covered by this investigation.
Comments on Scope of Investigation
During our review of the Petition, we discussed the scope with the
Petitioners to ensure that it is an accurate reflection of the products
for which the domestic industry is See king relief. Moreover, as
discussed in the preamble to the regulations (Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)),
we are setting aside a period for interested parties to raise issues
regarding product coverage. The Department encourages all interested
parties to submit such comments by August 7, 2007. Comments should be
addressed to Import Administration's Central Records Unit, Room 1870,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230, attention Mark Hoadley, room 7866. The period of
scope consultations is intended to provide the Department with ample
opportunity to consider all comments and to consult with parties prior
to the issuance of the preliminary determination.
Scope of the Countervailing Duty Investigation
Laminated Woven Sacks from the People's Republic of China
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; with or without an extrusion coating of
polypropylene and/or polyethylene on one or both sides of the
fabric;\1\ 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; with or
without handles; with or without special closing features; not
exceeding one kilogram in weight. Laminated woven bags 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 polypropylene 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, laminated woven sacks may be classifiable under HTSUS
subheading 5903.90.2500 and 3921.19.0000. Although HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.