China Laminated Woven Sacks: Initiation of AD/CV Anti-Circumvention Inquiry
The International Trade Administration is initiating an anti-circumvention inquiry to determine whether certain imports are circumventing the antidumping and countervailing duty orders on laminated woven sacks from China (A-570-916 and C-570-917).
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ITA to Determine if Sacks Screen-Printed in China are Later-Developed Products
The ITA will determine whether laminated woven sacks produced in China and printed with two colors in register and with the use of a screening process1 are circumventing the subject AD and CV duty orders.
Specifically, the petitioners allege that the sacks produced using a screening process are a later-developed product of the subject merchandise because there was no knowledge of such a product being commercially available in the U.S. market at the time of the initiation of the investigation.
The ITA will evaluate whether the general physical characteristics of the merchandise under consideration are the same as subject merchandise covered by the order, whether the expectations of the ultimate purchasers of the merchandise under consideration are no different than the expectations of the ultimate purchasers of subject merchandise, whether the ultimate use of the subject merchandise and the merchandise under consideration are the same, whether the channels of trade of both products are the same, whether there are any differences in the advertisement and display of both products, and if the merchandise under consideration was commercially available at the time of the investigation.
If Prelim Determination Affirmative, Liq Suspension & Cash Deposit to Occur
If the ITA issues a preliminary affirmative determination, it will then instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated AD/CV duties on the merchandise.
The ITA intends to issue its final determination within 300 days after April 28, 2011.
1The screening process described only uses two colored inks printed in register at two different print stations. However, one of the colors is printed using a screen, allowing for different shades of that one color to appear on the bag. Thus, when two shades of one color are printed along with a second colored ink from the second print station, three distinct colors are visible on the bag.
(See ITA notice for more information, including the scope of the order, etc.)
Contact -- Catherine Bertrand (202) 482-3207
(FR Pub 04/28/11, ITA Case Nos. A-570-916 and C-570-917)