of Public Affairs
Preliminary Determinations in the Antidumping
Duty Investigations on
On September 15, the Department of Commerce (Department) announced affirmative preliminary determinations in the antidumping duty investigations of imports of certain tissue paper products and certain crepe paper products from the People's Republic of China (PRC). In the investigation on imports of tissue paper products, we have preliminarily found dumping margins ranging from 9.55 to 163.36 percent. In the investigation on imports of crepe paper products, we have calculated a preliminarily dumping margin of 266.83 percent applicable to all imports.
Investigation on Certain Tissue Paper Products: As a result of our investigation to date, we have preliminarily found that Chinese producers/exporters have made sales in the U.S. market at less than fair value, with margins for the two mandatory respondents of 9.55 and 125.58 percent. Those companies that have preliminarily been deemed to qualify for a "separate rate" (see below) have been assigned a rate of 92.32 percent. Imports from all other producers/exporters are subject to the PRC-wide rate of 163.36 percent.
Investigation on Certain Crepe Paper Products: The preliminary dumping margin of 266.83 percent on imports of crepe paper products is based on adverse facts available, as none of the mandatory respondent companies participated in the Department's investigation. Four companies did preliminarily qualify for a "separate rate," having demonstrated an absence of government control that is required to be eligible to receive "separate-rate" status. Because there are no other estimated margins available, we applied the petition margin of 266.83 percent as the rate for the crepe paper Section A respondents.
Companies Qualifying for a "Separate
Rate" (Section A Respondents): Based on
the voluntary questionnaire responses to the Department's Section A questionnaire
submitted by certain Chinese companies in these investigations, the Department
has preliminarily determined that these companies have demonstrated an
absence of government control that is required to be eligible to receive
"separate-rate" status. In accordance with our law and
regulations, the Department has applied the weighted-average dumping margin
of the mandatory respondents in each of the investigations to these companies
for the purpose of the preliminary determination. A list of the
companies preliminarily found eligible for separate rate status, and the
corresponding separate rate, is included in this Fact Sheet.
Next Steps: The Department will consider comments on its preliminary determinations from interested parties, as well as other record evidence, in making its final determinations. The Department's final determination in the crepe paper products investigation is currently due to be issued on or about December 6, 2004, and in the tissue paper products investigation, on or about February 3, 2005. If the Department makes a final determination in either or both investigations that imports were sold below fair value, and the U.S. International Trade Commission (ITC) makes a final affirmative determination that such imports were materially injuring, or threaten to materially injure, the domestic industry, the Department will issue antidumping duty orders and instruct U.S. Customs and Border Protection to collect cash deposits on imports of subject merchandise.
Petitioner: The petitions requesting these investigations were 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 scope of the investigations include certain tissue paper products and certain crepe paper products from the PRC.
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 crepe paper products subject to this investigation have a basis weight not exceeding 29 grams per square meter prior to being creped and, if appropriate, flame-proofed. Crepe paper has a finely wrinkled surface texture and is typically, but not exclusively, treated to be flame-retardant. Crepe paper is also typically, but not exclusively, produced as streamers in roll form and packaged in plastic bags. Crepe paper may or may not be bleached, dye-colored, surface-colored, surface decorated or printed, glazed, sequined, embossed, die-cut, and/or flame-retardant. Subject crepe paper may be rolled, flat or folded, and may be packaged by banding or wrapping with paper, by placing in plastic bags, and/or by placing in boxes for distribution and use by the ultimate consumer. Packages of crepe paper subject to this investigation may consist solely of crepe 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 4802.30, 4802.54, 4802.61, 4802.62, 4802.69, 4804.39, 4806.40, 4808.30, 4808.90, 4811.90, 4823.90, 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.
Preliminary Dumping Margins:
Case Calendar :
* This will take place only in the event of final affirmative determinations by the Department of Commerce .
**This will take place only in the event of final affirmative determinations by both the Department and the ITC.
Import Statistics (Estimated Customs Value, in US$):
Source: Petitioners = Estimates. The subject merchandise falls under A basket @ categories of multiple HTS numbers, and therefore data for exact import quantities and values for certain tissue paper products and certain crepe paper products were unavailable.
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