of Public Affairs
Preliminary Determination of Antidumping Duty Investigation:
Certain Artist Canvas from the People’s Republic of China
On October 31, the
Department of Commerce (the Department) announced its preliminary determination
in the antidumping duty investigation of certain artist canvas from the
People’s Republic of China (PRC). We
preliminarily find that producers/exporters have sold artist canvas from
the PRC in the U.S. market at less than fair value, with margins ranging
from 55.78 percent to 264.09 percent.
As a result of this preliminary determination, the Department will instruct
U.S. Customs and Border Protection to suspend liquidation of entries of
subject merchandise and to collect a bond or cash deposit based on the
Steps: The Department will consider all submitted comments from
interested parties along with other record evidence before making its
final determination in March 2006. If
the Department makes a final determination that imports were sold below
fair value in this investigation and the U.S. International Trade Commission
(ITC) makes 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.
requesting this investigation was filed on April 1, by Tara Materials,
Mandatory Respondents: The Department
selected two mandatory respondents, Ningbo Conda Import & Export Co.,
Ltd. (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. The two mandatory
respondents accounted for roughly 93 percent of all imports of artist
canvas from the PRC to the United States during the period of 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 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
governmental 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 i.e., 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 application, the Department
found that both applicants demonstrated their eligibility for separate
rate status. However, the Department has not yet determined whether HFERTS
had exports of subject merchandise and, therefore, we are not assigning
HFERTS a separate rate.
Nonetheless, we have determined to provide Jiangsu By-products a separate
rate and that rate is 70.28 percent.
Rates: In our initiation notice, the Department 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 which supplied subject merchandise
to it 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.
Artists 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.
Preliminary 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 59019020 and 59019040, both or which are basket categories.
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