CBP’s Regulations and Rulings Division Affirms Earlier EAPA Decision on Lollicup USA’s Thermal Paper
The Regulations and Rulings division of CBP’s Office of Trade has affirmed a Feb. 5 notice of determination under the Enforce and Protect Act (EAPA) that Lollicup USA evaded antidumping and countervailing duty orders covering lightweight thermal paper from China (see 2402090019),
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Lollicup USA had argued that its lightweight thermal paper was substantially transformed in Taiwan and therefore Taiwan, not China, is the country of origin.
“Lollicup’s contention that RR [CBP’s Office of Regulations & Rulings] should conduct an entry-by-entry review and remedy Lollicup’s failure to submit relevant information during the course of the investigation is without merit,” CBP’s Rulings and Regulations division said in its recently released June 11 notice of determination.
However, the CBP office noted that if Lollicup can prove that some of the merchandise in question was not made from Chinese-origin jumbo rolls of lightweight thermal paper, then that set of merchandise is not subject to AD/CVD orders: “Nonetheless, to the extent that it is demonstrated that any of converted rolls imported by Lollicup into the United States were not made from jumbo rolls of Chinese origin, we do not find evasion as to those entries (or entry line items, as some entries may have contained [lightweight thermal paper] originating from multiple countries), given that they do not contain merchandise covered by the AD/CVD Orders on [lightweight thermal paper] from China,” CBP said. “As to such entries or entry lines, if they are not otherwise covered by an AD or CVD order, no AD/CVD duties should be assessed on such entries.”