of Public Affairs
Final Determination in the Antidumping Duty Investigation of
Certain Tissue Paper Products from the People’s Republic of China
On February 4, 2005, the Department of Commerce announced its final determination in the antidumping duty investigation of imports of certain tissue paper products from the People’s Republic of China (PRC). The Department found that producers/exporters have sold certain tissue paper products from the PRC in the U.S. market at less than fair value, with a margin of 112.64 percent.
Adverse Facts Available: The final antidumping margin of 112.64 percent on imports of tissue paper products is based on total adverse facts available, as the two mandatory respondent companies, China National Aero-Technology Import & Export Corporation Xiamen (China National) and Fujian Naoshan Paper Industry Group Co., Ltd. (Fujian Naoshan), failed to cooperate to the best of their ability.
Companies Qualifying for a “Separate Rate” (Section A Respondents): The Department has determined that certain Chinese companies that voluntarily responded to the Department’s Section A questionnaire have demonstrated an absence of government control with respect to their export activities and are eligible to receive “separate rate” status. For this final determination, nine companies qualified for a “separate rate,” with a rate of 112.64 percent.
Next Steps: The U.S. International Trade Commission (ITC) is scheduled to announce its final injury determination on or about March 18, 2005. If the ITC makes an affirmative determination that imports of tissue paper from the PRC are materially injuring, or threaten to materially injure, the domestic industry in the United States, the Department will issue an antidumping order and instruct U.S. Customs and Border Protection to collect antidumping duties on the subject imports. If the ITC makes a negative injury determination, the investigation will be terminated and no order will be issued.
Petitioners: The petition requesting this investigation was filed on February 17, 2004, by Seaman Paper Company of Massachusetts, Inc. (MA); American Crepe Corporation (PA); Eagle Tissue LLC (CT); Flower City Tissue Mills Co. (NY); Garlock Printing & Converting, Inc. (MA); Paper Service Ltd. (NH); Putney Paper Co., Ltd. (VT); and the Paper, Allied-Industrial, Chemical and Energy Workers International Union AFL-CIO, CLC.
Product Description: The tissue paper products subject
to this investigation are cut-to-length sheets of tissue paper having
a basis weight not exceeding 29 grams per square meter. Tissue paper products
subject to this investigation may or may not be bleached, dye-colored,
surface-colored, glazed, surface decorated or printed, sequined, crinkled,
embossed, and/or die cut. The tissue paper subject to this investigation
is in the form of cut-to-length sheets of tissue paper with a width equal
to or greater than one-half (0.5) inch. Subject tissue paper may be flat
or folded, and may be packaged by banding or wrapping with paper or film,
by placing in plastic or film bags, and/or by placing in boxes for distribution
and use by the ultimate consumer. Packages of tissue paper subject to
this investigation may consist solely of tissue paper of one color and/or
style, or may contain multiple colors and/or styles. The
merchandise subject to these investigations may be classified in the Harmonized
Tariff Schedule of the United States in several basket categories, including:
4802.61, 4802.62, 4802.69, 4804.39, 4806.40, 4808.30, 4808.90, 4811.90,
4818.90, 4823.90, and 9505.90.40. Although the tariff classifications
are provided for convenience and customs purposes, the written description
of the scope of the investigation is dispositive.
Final Dumping Margins:
*This will take place only in the event of final affirmative determination by the ITC.
Source: Petitioners’ Estimates. The subject merchandise falls under “basket” categories of multiple HTS numbers, and therefore data for exact import quantities and values for certain tissue paper products were unavailable.
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