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Determination of Antidumping Duty Investigation:
On March 23, 2006,
the Department of Commerce (Department) announced its final determination
in the antidumping duty investigation of certain artist canvas from the
People’s Republic of China (PRC). We
found that Chinese producers/exporters have sold artist canvas in the
United States at less than fair value, with margins ranging from 77.90
to 264.09 percent.
As a result of this final determination, the Department will instruct
U.S. Customs and Border Protection to collect a cash deposit or bond at
the rate of the final margins on imports of merchandise subject to this
Facts Available: The final antidumping margin of 264.09 percent
for one of the mandatory respondents, Nigbo Conda Import & Export
Co., Ltd. (Ningbo Conda), and its affiliated exporters, is based on total
adverse facts available, as it failed to cooperate to the best of its
ability in this investigation.
Steps: The U.S.
International Trade Commission (ITC) is scheduled to issue its final injury
determination on or before May 8. Should the ITC make a final affirmative
determination that imports from the PRC materially injure, or threaten
material injury to, the domestic industry, the Department will issue an
antidumping duty order and instruct U.S. Customs and Border Protection
to collect cash deposits on imports of subject merchandise. If the ITC
makes a negative determination, the investigation will be terminated and
no order will be issued.
requesting this investigation was filed on April 1, 2005, by Tara
Materials, Inc. (GA).
Mandatory Respondents: The Department
selected two mandatory respondents, Ningbo Conda and its affiliated exporters
[Conda (Ningbo) Painting
Material Manufacturing Co., Ltd. (Conda Painting) and Jinhua
Universal Canvas Manufacturing Co., Ltd. (Jinhua Universal)], and
Wuxi Phoenix Artist Materials Co., Ltd. (Phoenix Materials) and its affiliated
exporter, Wuxi Phoenix
Stationary Co. Ltd (Phoenix Stationary), in this investigation.
A Respondents (Companies Receiving a “Separate Rate”):
The Department applied its modified process by which exporters
and producers may obtain separate-rate status in non-market economy (NME)
investigations. The new process requires exporters and producers to submit
a separate-rate status application. However, the standard for eligibility
for a separate rate (which is whether a
firm can demonstrate an absence of both de
government control over its export activities) has not changed.
Companies not selected
as mandatory respondents may request a separate rate by providing the
separate-rate application to the Department. The Department received two
such applications by companies claiming that their export activities are
not controlled by the PRC government, Hangzhou Foreign Relation
& Trade Service Co. Ltd. (HFERTS) and Jiangsu Animal By-products Import
& Export Group Corp. (Jiangsu By-products). Separate-rate status entitles
the exporter to an antidumping duty rate based on a weighted-average of
the mandatory respondents’ rates rather than the PRC-wide rate.
As a result of our analysis of the companies’ applications, the
Department found that both applicants demonstrated their eligibility for
separate-rate status. However, the Department has determined that the
merchandise that HFERTS exported to the United States is not of Chinese
origin. Therefore, HFERTS does not qualify for a separate rate.
Nonetheless, we have determined to provide Jiangsu By-products a separate
rate and that rate is 77.90 percent.
Rates: In the Department’s initiation notice, we stated
that we would calculate combination rates for certain respondents that
are eligible for a separate rate in this investigation. Our change in
practice is described in Policy
Bulletin 05.1: Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy Countries,
(April 5, 2005). The policy bulletin states that,
while continuing the practice of assigning separate rates only to exporters,
all separate rates that the Department will now assign in its NME investigations
will be specific to those producers that supplied the exporter during
the period of investigation. Note, however, that one rate is calculated
for the exporter and all of the producers that supplied it with subject
merchandise during the period of investigation. This practice applies
both to mandatory respondents receiving an individually calculated separate
rate, as well as the pool of non-investigated firms receiving the weighted
average of the individually calculated rates. This practice is referred
to as the application of “combination rates” because such
rates apply to specific combinations of exporters and one or more producers.
cash-deposit rate assigned to an exporter will apply only to merchandise
by the firm in question and
by a firm that supplied the exporter during the period of investigation.
Description: The products covered by this investigation
are artist canvases regardless of dimension and/or size, whether assembled
or unassembled, that have been primed/coated, whether or not made from
cotton, whether or not archival, whether bleached or unbleached, and whether
or not containing an ink receptive top coat. Priming/coating includes
the application of a solution, designed to promote the adherence of artist
materials, such as paint or ink, to the fabric. Artist canvases (i.e.,
pre-stretched canvases, canvas panels, canvas pads, canvas rolls (including
bulk rolls that have been primed), printable canvases, floor cloths, and
placemats) are tightly woven prepared painting and/or printing surfaces.
Artist canvas and stretcher strips (whether or not made of wood and whether
or not assembled) included within a kit or set are covered by this proceeding.
Artist canvases subject to this investigation are currently classifiable
under subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized Tariff
Schedule of the United States (HTSUS). Specifically excluded from the
scope of this investigation are tracing cloths, “paint-by-number”
or “paint-it-yourself” artist canvases with a copyrighted
preprinted outline, pattern, or design, whether or not included in a painting
set or kit.1 Also excluded are stretcher strips,
whether or not made from wood, so long as they are not incorporated into
artist canvases or sold as part of an artist canvas kit or set. While
the HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope of this proceeding is dispositive.
Additionally, we have determined that canvas bulk rolls woven and primed
in India but cut and stretched in the PRC and exported from the PRC are
not subject to the investigation covering artist canvas from the PRC.
Final Dumping Margins:
This will take place only in the event of final affirmative determinations
by both the Department and the ITC.
Source: U.S. ITC Trade DataWeb for HTS categories 5901.90.20 and 5901.90.40, both or which are basket categories.
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