Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Initiation of Countervailing Duty Investigation, 39298-39302 [E9-18892]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES 39298 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices (5) narrow woven labels and apparel tapes, cut–to-length or cut–to-shape, having a length (when measured across the longest edge–to-edge span) not exceeding 8 centimeters; (6) narrow woven ribbons with woven selvedge attached to and forming the handle of a gift bag; (7) cut–edge narrow woven ribbons formed by cutting broad woven fabric into strips of ribbon, with or without treatments to prevent the longitudinal edges of the ribbon from fraying (such as by merrowing, lamination, sono– bonding, fusing, gumming or waxing), and with or without wire running lengthwise along the longitudinal edges of the ribbon; (8) narrow woven ribbons comprised at least 85 percent by weight of threads having a denier of 225 or higher; (9) narrow woven ribbons constructed from pile fabrics (i.e., fabrics with a surface effect formed by tufts or loops of yarn that stand up from the body of the fabric) ; (10) narrow woven ribbon affixed (including by tying) as a decorative detail to non–subject merchandise, such as a gift bag, gift box, gift tin, greeting card or plush toy, or affixed (including by tying) as a decorative detail to packaging containing non–subject merchandise; (11) narrow woven ribbon affixed to non–subject merchandise as a working component of such non–subject merchandise, such as where narrow woven ribbon comprises an apparel trimming, book marker, bag cinch, or part of an identity card holder; and (12) narrow woven ribbon(s) comprising a belt attached to and imported with an item of wearing apparel, whether or not such belt is removable from such item of wearing apparel. The merchandise subject to the investigations is classifiable under the HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also may enter under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The HTSUS statistical categories and subheadings are provided for convenience and customs purposes; however, the written description of the merchandise under investigation is dispositive. [FR Doc. E9–18732 Filed 8–5–09; 8:45 am] BILLING CODE 3510–DS–S VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 31–2009] Foreign-Trade Zone 54—Clinton County, NY; Application for Reorganization Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by Clinton County, New York, grantee of FTZ 54, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 01/ 12/09; correction 74 FR 3987, 01/22/09). The ASF is an option for grantees for the establishment or reorganization of general-purpose zones and can permit significantly greater flexibility in the designation of new ‘‘usage-driven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the Board’s standard 2,000-acre activation limit for a general-purpose zone project. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on July 31, 2009. The grantee’s proposed service area under the ASF would be Clinton County, New York. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The proposed service area is adjacent to the Champlain Customs and Border Protection port of entry. FTZ 54 was approved on February 14, 1980 (Board Order 153, 45 FR 12469, 02/26/80), and expanded on: September 23, 1982 (Board Order 196, 47 FR 43012, 09/30/82); May 29, 1996 (Board Order 829, 61 FR 28840, 06/06/96); May 29, 2001 (Board Order 1169, 66 FR 31612, 06/12/01); and November 16, 2001 (Board Order 1199, 66 FR 59235, 11/27/ 01). The applicant is requesting to include its current sites in the reorganized zone as ‘‘magnet’’ sites. The applicant proposes that Site 4 be exempt from ‘‘sunset’’ time limits that otherwise apply to sites under the ASF. No usagedriven sites are being proposed at this time. Because the ASF only pertains to establishing or reorganizing a generalpurpose zone, the application would have no impact on FTZ 54’s authorized subzones. In accordance with the Board’s regulations, Kathleen Boyce of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is October 5, 2009. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to October 20, 2009). A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via http:// www.trade.gov/ftz. For further information, contact Kathleen Boyce at Kathleen_Boyce@ita.doc.gov or 202– 482–1346. Dated: July 31, 2009. Andrew McGilvray, Executive Secretary. [FR Doc. E9–18874 Filed 8–5–09; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 6, 2009. FOR FURTHER INFORMATION CONTACT: Robert Copyak, Shelly Atkinson, or Justin Neuman, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2209, (202) 482–0116, and (202) 482–0486, respectively. SUPPLEMENTARY INFORMATION: The Petition On July 9, 2009, the Department of Commerce (‘‘the Department’’) received countervailing duty (‘‘CVD’’) and antidumping duty (‘‘AD’’) petitions concerning imports of narrow woven ribbons with woven selvedge (‘‘narrow woven ribbons’’) from the People’s Republic of China (‘‘PRC’’). The petitions were filed in proper form by E:\FR\FM\06AUN1.SGM 06AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices Berwick Offray LLC and its whollyowned subsidiary Lion Ribbon Company, Inc. (collectively, ‘‘the Petitioner’’), a domestic producer of narrow woven ribbons. See ‘‘Petition for Countervailing Duty and Antidumping Duty Investigations of China and an Antidumping Duty Investigation of Taiwan on Imports of Narrow Woven Ribbons with Woven Selvedge’’ (‘‘the Petition’’). On July 13, 2009, the Department issued a request for additional information and clarification of certain of the Petitioner’s subsidy allegations. See Letter from Brandon Farlander, Program Manager, AD/CVD Operations, Office 1, to the Petitioner, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Questions Regarding the Countervailing Duty Allegations,’’ dated July 13, 2009. In response to the Department’s request, the Petitioner timely filed additional information on July 17, 2009. See Supplement to the CVD Petition, dated July 17, 2009. On July 14, 2009, the Department contacted the Petitioner by telephone seeking additional information and clarification regarding the Petition. See Memorandum to the File from Matthew Glass, ‘‘Scope Call with the Petitioner,’’ dated July 14, 2009. On July 15, 2009, a request seeking clarification regarding the general issues of the Petition was sent to the Petitioner. See Letter from Shawn Thompson, Program Manager, AD/CVD Operations, Office 2, to the Petitioner, ‘‘Regarding Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Narrow Woven Ribbons with Woven Selvedge (‘‘NWR’’) from the People’s Republic of China and Antidumping Duties on Imports of NWR from Taiwan: Supplemental Questions,’’ dated July 15, 2009. A second request seeking additional information and clarification regarding the Petition was sent to the Petitioner on July 17, 2009. See Letter from Brandon Farlander, Program Manager, AD/CVD Operations, Office 1, to the Petitioner, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Questions Regarding the Countervailing Duty Allegations,’’ dated June 17, 2009. In response to the Department’s request, the Petitioner timely filed additional information pertaining to the Petition on July 21, 2009. See Supplement to the AD/CVD Petitions, dated July 21, 2009. On July 22, 2009, another request seeking clarification regarding the general issues VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 of the Petition was sent to the Petitioner. See Letter from Shawn Thompson, Program Manager, AD/CVD Operations, Office 2, to the Petitioner, ‘‘Regarding Supplement to the Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Narrow Woven Ribbons with Woven Selvedge (NWR) from the People’s Republic of China and Antidumping Duties on Imports of NWR from Taiwan: Additional Questions,’’ dated July 22, 2009. On July 23, 2009, and July 24, 2009, the Department contacted the Petitioner by telephone seeking additional information and clarification regarding the Petition. See Memorandum to the File from Meredith A.W. Rutherford, ‘‘General Issues Discussion with the Petitioner,’’ dated July 23, 2009; see also Memorandum to the File from David Layton, Trade Analyst, AD/CVD Operations, Office 1, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Question Regarding the Countervailing Duty Allegations,’’ dated July 24, 2009. Based on the Department’s request, the Petitioner timely filed additional information pertaining to the Petition on July 27, 2009. See Second Supplement to the AD/CVD Petitions, dated July 27, 2009. On July 28, 2009, the Department again contacted the Petitioner by telephone seeking additional information and clarification regarding certain general issues of the Petition. See Memorandum to the File from Meredith A.W. Rutherford, ‘‘Phone Call with the Petitioner,’’ dated July 28, 2009, and Memorandum to the File from Elizabeth Eastwood, ‘‘Scope Calls with the Petitioner,’’ dated July 29, 2009. Based on the Department’s request, the Petitioner timely filed additional information pertaining to the Petition on July 29, 2009. See Third Supplement to the AD/CVD Petitions, dated July 29, 2009. In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Petitioner alleges that producers/exporters of narrow woven ribbons in the PRC received countervailable subsidies within the meaning of sections 701 and 771(5) of the Act and that imports materially injure, or threaten material injury to, an industry in the United States. The Department finds that the Petitioner filed this Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and the Petitioner has demonstrated sufficient industry support with respect to the CVD PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 39299 investigation that it is requesting the Department to initiate (see ‘‘Determination of Industry Support for the Petition’’ below). Period of Investigation The anticipated period of investigation (‘‘POI’’) is calendar year 2008. See 19 CFR 351.204(b)(2). Scope of Investigation The products covered by this investigation are narrow woven ribbons with woven selvedge from the PRC. For a full description of the scope of the investigation, please see the ‘‘Scope of Investigation’’ in Appendix I to this notice. Comments on Scope of Investigation During our review of the Petition, we discussed the scope with the Petitioner to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the regulations (See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments by August 18, 2009, twenty calendar days from the signature of this notice. Comments should be addressed to Import Administration’s APO/ Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department held consultations with the Government of the PRC (hereinafter, the GOC) with respect to the Petition on July 24, 2009. See Memorandum to the File, ‘‘Countervailing Duty Petition on Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China—Consultations with the Government of China,’’ on file in the CRU, Room 1117 of the main Department of Commerce building. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets E:\FR\FM\06AUN1.SGM 06AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES 39300 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the industry. Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (‘‘ITC’’), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (Ct. Int’l Trade 2001), citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (Ct. Int’l Trade 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989). Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 With regard to the domestic like product, the Petitioner does not offer a definition of domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that narrow woven ribbons constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product. For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China (‘‘CVD Initiation Checklist’’) at Attachment II (Industry Support), dated concurrently with this notice and on file in the CRU, Room 1117 of the main Department of Commerce building. In determining whether the Petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of Investigation’’ in Appendix I. To establish industry support, the Petitioner provided its production of the domestic like product for the year 2008, and compared this to the total estimated production of the domestic like product for the entire domestic industry. See Volume I of the Petition, at 7, and Exhibits 2, 4, and 5, Supplement to the AD/CVD Petitions, dated July 21, 2009, at A–9–11, Second Supplement to the AD/CVD Petitions, dated July 27, 2009, at A–1–2 and Exhibit 117, and Third Supplement to the AD/CVD Petitions, dated July 29, 2009, at Attachment II. To estimate 2008 production of the domestic like product, the Petitioner used its own data and industry specific knowledge. The Petitioner calculated total domestic production based on its own production plus estimates from the nine other producers of the domestic like product in the United States. See id., see also CVD Initiation Checklist at Attachment II, Industry Support. Our review of the data provided in the Petition, supplemental submissions, and other information readily available to the Department indicates that the Petitioner has established industry support. First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling). See section 702(c)(4)(D) of the Act; see also CVD Initiation Checklist at Attachment II. Second, the domestic producers (or workers) have met the statutory criteria PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product. See CVD Initiation Checklist at Attachment II. Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition. Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. See id. Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The Petitioner alleges that imports of narrow woven ribbons from the PRC are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the domestic industry producing narrow woven ribbons. In addition, the Petitioner alleges that subsidized imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act. The Petitioner contends that the industry’s injured condition is illustrated by reduced market share, underselling and price depressing and suppressing effects, increased import penetration, lost sales and revenue, reduced production, reduced capacity, reduced capacity utilization, reduced shipments, reduced employment, and an overall decline in financial performance. We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation. See CVD Initiation Checklist at Attachment III (Analysis of Allegations and Evidence of Material Injury and Causation for the Petition). E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices Initiation of Countervailing Duty Investigation jlentini on DSKJ8SOYB1PROD with NOTICES Section 702(b) of the Act requires the Department to initiate a CVD proceeding whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The Department has examined the Petition on narrow woven ribbons from the PRC and finds that it complies with the requirements of section 702(b) of the Act. Therefore, in accordance with section 702(b) of the Act, we are initiating a CVD investigation to determine whether producers/exporters of narrow woven ribbons in the PRC receive countervailable subsidies. For a discussion of evidence supporting our initiation determination, see CVD Initiation Checklist. We are including in our investigation the following programs alleged in the Petition to provide countervailable subsidies to producers/exporters of the subject merchandise: A. Loan Programs 1. Policy Loans to Narrow Woven Ribbon Producers From State-Owned Commercial Banks B. Grant Programs 2. The State Key Technology Renovation Project Fund 3. Famous Brands Program 4. Export Assistance Grants 5. Export Interest Subsidy Funds for Enterprises Located in Zhejiang Province 6. Technology Grants for Enterprises Located in Zhejiang Province C. Income and Other Direct Tax Programs 7. Preferential Tax Policies for Enterprises with Foreign Investment (‘‘Two Free Three Half’’) Program 8. Tax Subsidies to FIEs in Specially Designated Areas 9. Preferential Tax Policies for ExportOriented FIEs 10. Corporate Income Tax Refund Program for Reinvestment of FIE Profits in ExportOriented Enterprises 11. Local Income Tax Exemption and Reduction Programs for ‘‘Productive’’ FIEs 12. Tax Program for High or New Technology FIEs 13. Preferential Tax Policies for Township Enterprises 14. Preferential Tax Policies for Research and Development for FIEs 15. Tax Benefits for FIEs in Encouraged Industries that Purchase Domestic Equipment D. Indirect Tax and Tariff Exemption Programs 16. Import Tariff and VAT Exemptions for FIEs Using Imported Technology and Equipment VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 17. Import Tariff and VAT Exemptions for Certain Domestic Enterprises Using Imported Technology and Equipment 18. VAT Rebate for FIE Purchases of Domestically Produced Equipment For further information explaining why the Department is investigating these programs, see CVD Initiation Checklist. We are not including in our investigation the following programs alleged to benefit producers/exporters of the subject merchandise in the PRC: 1. Loan Guarantees to Narrow Woven Ribbon Producers from State-Owned Commercial Banks 2. Export Loans 3. Loan Forgiveness 4. Loan Interest Forgiveness 5. Grants for High-Technology Equipment 6. Technology Development Grants for Enterprises Located in Wenzhou Municipality 7. Grants to Loss-Making SOEs 8. Provision of Land Use Rights to SOEs for LTAR 9. Provision of Land Use Rights for LTAR in Certain Geographical Regions 10. Provision of Yarn for LTAR For further information explaining why the Department is not initiating an investigation of these programs, see CVD Initiation Checklist. Respondent Selection For this investigation, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports under HTSUS numbers 5806.32.1020, 5806.32.1030, 5806.32.1050, and 5806.32.1060, the four HTSUS categories most specific to the subject merchandise, during the POI. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties with access to information protected by APO within five days of the announcement of the initiation of this investigation. Interested parties may submit comments regarding the CBP data and respondent selection within seven calendar days of publication of this notice. We intend to make our decision regarding respondent selection within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department’s Web site at http:// ia.ita.doc.gov/apo. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the representatives of the GOC. Because of the particularly large number of PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 39301 producers/exporters identified in the Petition, the Department considers the service of the public version of the Petition to the foreign producers/ exporters satisfied by the delivery of the public version to the GOC, consistent with 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 25 days after the date on which it receives notice of the initiation, whether there is a reasonable indication that imports of subsidized narrow woven ribbons from the PRC materially injure, or threaten material injury to, a U.S. industry. See section 703(a)(2) of the Act. A negative ITC determination will result in the investigation being terminated; see section 703(a)(1) of the Act. Otherwise, the investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: July 29, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I Scope of the Investigation The merchandise subject to the investigation is narrow woven ribbons with woven selvedge, in any length, but with a width (measured at the narrowest span of the ribbon) less than or equal to 12 centimeters, composed of, in whole or in part, man-made fibers (whether artificial or synthetic, including but not limited to nylon, polyester, rayon, polypropylene, and polyethylene teraphthalate), metal threads and/or metalized yarns, or any combination thereof. Narrow woven ribbons subject to the investigation may: • Also include natural or other non-manmade fibers; • Be of any color, style, pattern, or weave construction, including but not limited to single-faced satin, double-faced satin, grosgrain, sheer, taffeta, twill, jacquard, or a combination of two or more colors, styles, patterns, and/or weave constructions; • Have been subjected to, or composed of materials that have been subjected to, various treatments, including but not limited to dyeing, printing, foil stamping, embossing, flocking, coating, and/or sizing; • Have embellishments, including but not ´ limited to applique, fringes, embroidery, buttons, glitter, sequins, laminates, and/or adhesive backing; • Have wire and/or monofilament in, on, or along the longitudinal edges of the ribbon; • Have ends of any shape or dimension, including but not limited to straight ends that are perpendicular to the longitudinal edges of E:\FR\FM\06AUN1.SGM 06AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES 39302 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices the ribbon, tapered ends, flared ends or shaped ends, and the ends of such woven ribbons may or may not be hemmed; • Have longitudinal edges that are straight or of any shape, and the longitudinal edges of such woven ribbon may or may not be parallel to each other; • Consist of such ribbons affixed to like ribbon and/or cut-edge woven ribbon, a configuration also known as an ‘‘ornamental trimming;’’ • Be wound on spools; attached to a card; hanked (i.e., coiled or bundled); packaged in boxes, trays or bags; or configured as skeins, balls, bateaus or folds; and/or • Be included within a kit or set such as when packaged with other products, including but not limited to gift bags, gift boxes and/or other types of ribbon. Narrow woven ribbons subject to the investigation include all narrow woven fabrics, tapes, and labels that fall within this written description of the scope of this investigation. Excluded from the scope of the investigation are the following: (1) Formed bows composed of narrow woven ribbons with woven selvedge; (2) ‘‘Pull-bows’’ (i.e., an assemblage of ribbons connected to one another, folded flat and equipped with a means to form such ribbons into the shape of a bow by pulling on a length of material affixed to such assemblage) composed of narrow woven ribbons; (3) Narrow woven ribbons comprised at least 20 percent by weight of elastomeric yarn (i.e., filament yarn, including monofilament, of synthetic textile material, other than textured yarn, which does not break on being extended to three times its original length and which returns, after being extended to twice its original length, within a period of five minutes, to a length not greater than one and a half times its original length as defined in the Harmonized Tariff Schedule of the United States (HTSUS), Section XI, Note 13) or rubber thread; (4) Narrow woven ribbons of a kind used for the manufacture of typewriter or printer ribbons; (5) Narrow woven labels and apparel tapes, cut-to-length or cut-to-shape, having a length (when measured across the longest edge-toedge span) not exceeding 8 centimeters; (6) Narrow woven ribbons with woven selvedge attached to and forming the handle of a gift bag; (7) Cut-edge narrow woven ribbons formed by cutting broad woven fabric into strips of ribbon, with or without treatments to prevent the longitudinal edges of the ribbon from fraying (such as by merrowing, lamination, sono-bonding, fusing, gumming or waxing), and with or without wire running lengthwise along the longitudinal edges of the ribbon; (8) Narrow woven ribbons comprised at least 85 percent by weight of threads having a denier of 225 or higher; (9) Narrow woven ribbons constructed from pile fabrics (i.e., fabrics with a surface effect formed by tufts or loops of yarn that stand up from the body of the fabric); (10) Narrow woven ribbon affixed (including by tying) as a decorative detail to non-subject merchandise, such as a gift bag, VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 gift box, gift tin, greeting card or plush toy, or affixed (including by tying) as a decorative detail to packaging containing non-subject merchandise; (11) Narrow woven ribbon affixed to nonsubject merchandise as a working component of such non-subject merchandise, such as where narrow woven ribbon comprises an apparel trimming, book marker, bag cinch, or part of an identity card holder; and (12) Narrow woven ribbon(s) comprising a belt attached to and imported with an item of wearing apparel, whether or not such belt is removable from such item of wearing apparel. The merchandise subject to this investigation is classifiable under the HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also may enter under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The HTSUS statistical categories and subheadings are provided for convenience and customs purposes; however, the written description of the merchandise under investigation is dispositive. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: The meeting will begin at 9 a.m. on Wednesday, August 26, 2009 and recess at 5 p.m., or when business is complete; reconvene at 9 a.m. on Thursday, August 27, 2009 and recess at 3 p.m., or when business is complete. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at 978– 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. [FR Doc. E9–18892 Filed 8–5–09; 8:45 am] Dated: July 31, 2009. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–18745 Filed 8–5–09; 8:45 am] BILLING CODE 3510–DS–P BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Oceanic and Atmospheric Administration RIN 0648–XQ79 RIN 0648–XQ78 New England Fishery Management Council; Public Meeting Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council’s (NEFMC) Scientific and Statistical Committee (SSC) will host an Ecosystem Based Fisheries Management (EBFM) Workshop for Council members and staff, Plan Development Team members, interested parties and members of the public. The intent of this meeting is to develop a ‘‘blueprint’’ that would inform the Council’s efforts to develop an EBFM approach or plan for NEFMCmanaged species. DATES: This meeting will be held on August 26 and August 27, 2009. See SUPPLEMENTARY INFORMATION for specific dates and times. ADDRESSES: The meeting will be held at the Marriott Hotel, 25 America’s Cup Avenue, Newport, RI 02840; telephone: (401) 849–1000; fax: (401) 849–3422. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene the SEDAR Red Snapper Update Workshop (SEDAR). DATES: The meeting will convene at 1 p.m. on Monday, August 24, 2009 and conclude no later than 1 p.m. on Friday, August 28, 2009. ADDRESSES: The meeting will be held at the NMFS, 75 Virginia Beach Drive, Miami, FL 33149. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamic Statistician, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Pages 39298-39302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18892]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-953]


Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Initiation of Countervailing Duty Investigation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 6, 2009.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, Shelly Atkinson, or 
Justin Neuman, AD/CVD Operations, Office 1, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-2209, (202) 482-0116, and (202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On July 9, 2009, the Department of Commerce (``the Department'') 
received countervailing duty (``CVD'') and antidumping duty (``AD'') 
petitions concerning imports of narrow woven ribbons with woven 
selvedge (``narrow woven ribbons'') from the People's Republic of China 
(``PRC''). The petitions were filed in proper form by

[[Page 39299]]

Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, 
Inc. (collectively, ``the Petitioner''), a domestic producer of narrow 
woven ribbons. See ``Petition for Countervailing Duty and Antidumping 
Duty Investigations of China and an Antidumping Duty Investigation of 
Taiwan on Imports of Narrow Woven Ribbons with Woven Selvedge'' (``the 
Petition''). On July 13, 2009, the Department issued a request for 
additional information and clarification of certain of the Petitioner's 
subsidy allegations. See Letter from Brandon Farlander, Program 
Manager, AD/CVD Operations, Office 1, to the Petitioner, ``Petition for 
the Imposition of Countervailing Duties on Imports of Narrow Woven 
Ribbons with Woven Selvedge from the People's Republic of China: 
Questions Regarding the Countervailing Duty Allegations,'' dated July 
13, 2009. In response to the Department's request, the Petitioner 
timely filed additional information on July 17, 2009. See Supplement to 
the CVD Petition, dated July 17, 2009. On July 14, 2009, the Department 
contacted the Petitioner by telephone seeking additional information 
and clarification regarding the Petition. See Memorandum to the File 
from Matthew Glass, ``Scope Call with the Petitioner,'' dated July 14, 
2009. On July 15, 2009, a request seeking clarification regarding the 
general issues of the Petition was sent to the Petitioner. See Letter 
from Shawn Thompson, Program Manager, AD/CVD Operations, Office 2, to 
the Petitioner, ``Regarding Petitions for the Imposition of Antidumping 
and Countervailing Duties on Imports of Narrow Woven Ribbons with Woven 
Selvedge (``NWR'') from the People's Republic of China and Antidumping 
Duties on Imports of NWR from Taiwan: Supplemental Questions,'' dated 
July 15, 2009. A second request seeking additional information and 
clarification regarding the Petition was sent to the Petitioner on July 
17, 2009. See Letter from Brandon Farlander, Program Manager, AD/CVD 
Operations, Office 1, to the Petitioner, ``Petition for the Imposition 
of Countervailing Duties on Imports of Narrow Woven Ribbons with Woven 
Selvedge from the People's Republic of China: Questions Regarding the 
Countervailing Duty Allegations,'' dated June 17, 2009. In response to 
the Department's request, the Petitioner timely filed additional 
information pertaining to the Petition on July 21, 2009. See Supplement 
to the AD/CVD Petitions, dated July 21, 2009. On July 22, 2009, another 
request seeking clarification regarding the general issues of the 
Petition was sent to the Petitioner. See Letter from Shawn Thompson, 
Program Manager, AD/CVD Operations, Office 2, to the Petitioner, 
``Regarding Supplement to the Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Narrow Woven 
Ribbons with Woven Selvedge (NWR) from the People's Republic of China 
and Antidumping Duties on Imports of NWR from Taiwan: Additional 
Questions,'' dated July 22, 2009. On July 23, 2009, and July 24, 2009, 
the Department contacted the Petitioner by telephone seeking additional 
information and clarification regarding the Petition. See Memorandum to 
the File from Meredith A.W. Rutherford, ``General Issues Discussion 
with the Petitioner,'' dated July 23, 2009; see also Memorandum to the 
File from David Layton, Trade Analyst, AD/CVD Operations, Office 1, 
``Petition for the Imposition of Countervailing Duties on Imports of 
Narrow Woven Ribbons with Woven Selvedge from the People's Republic of 
China: Question Regarding the Countervailing Duty Allegations,'' dated 
July 24, 2009. Based on the Department's request, the Petitioner timely 
filed additional information pertaining to the Petition on July 27, 
2009. See Second Supplement to the AD/CVD Petitions, dated July 27, 
2009. On July 28, 2009, the Department again contacted the Petitioner 
by telephone seeking additional information and clarification regarding 
certain general issues of the Petition. See Memorandum to the File from 
Meredith A.W. Rutherford, ``Phone Call with the Petitioner,'' dated 
July 28, 2009, and Memorandum to the File from Elizabeth Eastwood, 
``Scope Calls with the Petitioner,'' dated July 29, 2009. Based on the 
Department's request, the Petitioner timely filed additional 
information pertaining to the Petition on July 29, 2009. See Third 
Supplement to the AD/CVD Petitions, dated July 29, 2009.
    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (``the Act''), the Petitioner alleges that producers/exporters 
of narrow woven ribbons in the PRC received countervailable subsidies 
within the meaning of sections 701 and 771(5) of the Act and that 
imports materially injure, or threaten material injury to, an industry 
in the United States.
    The Department finds that the Petitioner filed this Petition on 
behalf of the domestic industry because it is an interested party as 
defined in section 771(9)(C) of the Act, and the Petitioner has 
demonstrated sufficient industry support with respect to the CVD 
investigation that it is requesting the Department to initiate (see 
``Determination of Industry Support for the Petition'' below).

Period of Investigation

    The anticipated period of investigation (``POI'') is calendar year 
2008. See 19 CFR 351.204(b)(2).

Scope of Investigation

    The products covered by this investigation are narrow woven ribbons 
with woven selvedge from the PRC. For a full description of the scope 
of the investigation, please see the ``Scope of Investigation'' in 
Appendix I to this notice.

Comments on Scope of Investigation

    During our review of the Petition, we discussed the scope with the 
Petitioner to ensure that it is an accurate reflection of the products 
for which the domestic industry is seeking relief. Moreover, as 
discussed in the preamble to the regulations (See Antidumping Duties; 
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), 
we are setting aside a period for interested parties to raise issues 
regarding product coverage. The Department encourages all interested 
parties to submit such comments by August 18, 2009, twenty calendar 
days from the signature of this notice. Comments should be addressed to 
Import Administration's APO/Dockets Unit, Room 1870, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230. The period of scope consultations is intended to provide the 
Department with ample opportunity to consider all comments and to 
consult with parties prior to the issuance of the preliminary 
determinations.

Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
held consultations with the Government of the PRC (hereinafter, the 
GOC) with respect to the Petition on July 24, 2009. See Memorandum to 
the File, ``Countervailing Duty Petition on Narrow Woven Ribbons with 
Woven Selvedge from the People's Republic of China--Consultations with 
the Government of China,'' on file in the CRU, Room 1117 of the main 
Department of Commerce building.

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets

[[Page 39300]]

this requirement if the domestic producers or workers who support the 
petition account for: (i) At least 25 percent of the total production 
of the domestic like product; and (ii) more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the petition. 
Moreover, section 702(c)(4)(D) of the Act provides that, if the 
petition does not establish support of domestic producers or workers 
accounting for more than 50 percent of the total production of the 
domestic like product, the Department shall: (i) Poll the industry or 
rely on other information in order to determine if there is support for 
the petition, as required by subparagraph (A); or (ii) determine 
industry support using a statistically valid sampling method to poll 
the industry.
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (``ITC''), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product (section 771(10) of the Act), they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law. See USEC, Inc. v. United States, 132 F. 
Supp. 2d 1, 8 (Ct. Int'l Trade 2001), citing Algoma Steel Corp., Ltd. 
v. United States, 688 F. Supp. 639, 644 (Ct. Int'l Trade 1988), aff'd 
865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989).
    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the Petitioner does not 
offer a definition of domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that narrow woven ribbons constitute 
a single domestic like product and we have analyzed industry support in 
terms of that domestic like product. For a discussion of the domestic 
like product analysis in this case, see Countervailing Duty 
Investigation Initiation Checklist: Narrow Woven Ribbons with Woven 
Selvedge from the People's Republic of China (``CVD Initiation 
Checklist'') at Attachment II (Industry Support), dated concurrently 
with this notice and on file in the CRU, Room 1117 of the main 
Department of Commerce building.
    In determining whether the Petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of Investigation'' in Appendix I. To 
establish industry support, the Petitioner provided its production of 
the domestic like product for the year 2008, and compared this to the 
total estimated production of the domestic like product for the entire 
domestic industry. See Volume I of the Petition, at 7, and Exhibits 2, 
4, and 5, Supplement to the AD/CVD Petitions, dated July 21, 2009, at 
A-9-11, Second Supplement to the AD/CVD Petitions, dated July 27, 2009, 
at A-1-2 and Exhibit 117, and Third Supplement to the AD/CVD Petitions, 
dated July 29, 2009, at Attachment II. To estimate 2008 production of 
the domestic like product, the Petitioner used its own data and 
industry specific knowledge. The Petitioner calculated total domestic 
production based on its own production plus estimates from the nine 
other producers of the domestic like product in the United States. See 
id., see also CVD Initiation Checklist at Attachment II, Industry 
Support.
    Our review of the data provided in the Petition, supplemental 
submissions, and other information readily available to the Department 
indicates that the Petitioner has established industry support. First, 
the Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, the Department is not required to 
take further action in order to evaluate industry support (e.g., 
polling). See section 702(c)(4)(D) of the Act; see also CVD Initiation 
Checklist at Attachment II. Second, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product. See CVD Initiation Checklist 
at Attachment II. Finally, the domestic producers (or workers) have met 
the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition. 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act. See id.

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The Petitioner alleges that imports of narrow woven ribbons from 
the PRC are benefitting from countervailable subsidies and that such 
imports are causing, or threaten to cause, material injury to the 
domestic industry producing narrow woven ribbons. In addition, the 
Petitioner alleges that subsidized imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.
    The Petitioner contends that the industry's injured condition is 
illustrated by reduced market share, underselling and price depressing 
and suppressing effects, increased import penetration, lost sales and 
revenue, reduced production, reduced capacity, reduced capacity 
utilization, reduced shipments, reduced employment, and an overall 
decline in financial performance. We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation. See CVD Initiation Checklist at Attachment 
III (Analysis of Allegations and Evidence of Material Injury and 
Causation for the Petition).

[[Page 39301]]

Initiation of Countervailing Duty Investigation

    Section 702(b) of the Act requires the Department to initiate a CVD 
proceeding whenever an interested party files a CVD petition on behalf 
of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations.
    The Department has examined the Petition on narrow woven ribbons 
from the PRC and finds that it complies with the requirements of 
section 702(b) of the Act. Therefore, in accordance with section 702(b) 
of the Act, we are initiating a CVD investigation to determine whether 
producers/exporters of narrow woven ribbons in the PRC receive 
countervailable subsidies. For a discussion of evidence supporting our 
initiation determination, see CVD Initiation Checklist.
    We are including in our investigation the following programs 
alleged in the Petition to provide countervailable subsidies to 
producers/exporters of the subject merchandise:

A. Loan Programs
    1. Policy Loans to Narrow Woven Ribbon Producers From State-
Owned Commercial Banks
B. Grant Programs
    2. The State Key Technology Renovation Project Fund
    3. Famous Brands Program
    4. Export Assistance Grants
    5. Export Interest Subsidy Funds for Enterprises Located in 
Zhejiang Province
    6. Technology Grants for Enterprises Located in Zhejiang 
Province
C. Income and Other Direct Tax Programs
    7. Preferential Tax Policies for Enterprises with Foreign 
Investment (``Two Free Three Half'') Program
    8. Tax Subsidies to FIEs in Specially Designated Areas
    9. Preferential Tax Policies for Export-Oriented FIEs
    10. Corporate Income Tax Refund Program for Reinvestment of FIE 
Profits in Export-Oriented Enterprises
    11. Local Income Tax Exemption and Reduction Programs for 
``Productive'' FIEs
    12. Tax Program for High or New Technology FIEs
    13. Preferential Tax Policies for Township Enterprises
    14. Preferential Tax Policies for Research and Development for 
FIEs
    15. Tax Benefits for FIEs in Encouraged Industries that Purchase 
Domestic Equipment
D. Indirect Tax and Tariff Exemption Programs
    16. Import Tariff and VAT Exemptions for FIEs Using Imported 
Technology and Equipment
    17. Import Tariff and VAT Exemptions for Certain Domestic 
Enterprises Using Imported Technology and Equipment
    18. VAT Rebate for FIE Purchases of Domestically Produced 
Equipment

For further information explaining why the Department is investigating 
these programs, see CVD Initiation Checklist.
    We are not including in our investigation the following programs 
alleged to benefit producers/exporters of the subject merchandise in 
the PRC:

1. Loan Guarantees to Narrow Woven Ribbon Producers from State-Owned 
Commercial Banks
2. Export Loans
3. Loan Forgiveness
4. Loan Interest Forgiveness
5. Grants for High-Technology Equipment
6. Technology Development Grants for Enterprises Located in Wenzhou 
Municipality
7. Grants to Loss-Making SOEs
8. Provision of Land Use Rights to SOEs for LTAR
9. Provision of Land Use Rights for LTAR in Certain Geographical 
Regions
10. Provision of Yarn for LTAR

For further information explaining why the Department is not initiating 
an investigation of these programs, see CVD Initiation Checklist.

Respondent Selection

    For this investigation, the Department intends to select 
respondents based on U.S. Customs and Border Protection (``CBP'') data 
for U.S. imports under HTSUS numbers 5806.32.1020, 5806.32.1030, 
5806.32.1050, and 5806.32.1060, the four HTSUS categories most specific 
to the subject merchandise, during the POI. We intend to release the 
CBP data under Administrative Protective Order (``APO'') to all parties 
with access to information protected by APO within five days of the 
announcement of the initiation of this investigation. Interested 
parties may submit comments regarding the CBP data and respondent 
selection within seven calendar days of publication of this notice. We 
intend to make our decision regarding respondent selection within 20 
days of publication of this notice. Interested parties must submit 
applications for disclosure under APO in accordance with 19 CFR 
351.305. Instructions for filing such applications may be found on the 
Department's Web site at http://ia.ita.doc.gov/apo.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the representatives of the GOC. Because of the particularly 
large number of producers/exporters identified in the Petition, the 
Department considers the service of the public version of the Petition 
to the foreign producers/exporters satisfied by the delivery of the 
public version to the GOC, consistent with 19 CFR 351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 25 days after the date 
on which it receives notice of the initiation, whether there is a 
reasonable indication that imports of subsidized narrow woven ribbons 
from the PRC materially injure, or threaten material injury to, a U.S. 
industry. See section 703(a)(2) of the Act. A negative ITC 
determination will result in the investigation being terminated; see 
section 703(a)(1) of the Act. Otherwise, the investigation will proceed 
according to statutory and regulatory time limits.
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Scope of the Investigation

    The merchandise subject to the investigation is narrow woven 
ribbons with woven selvedge, in any length, but with a width 
(measured at the narrowest span of the ribbon) less than or equal to 
12 centimeters, composed of, in whole or in part, man-made fibers 
(whether artificial or synthetic, including but not limited to 
nylon, polyester, rayon, polypropylene, and polyethylene 
teraphthalate), metal threads and/or metalized yarns, or any 
combination thereof. Narrow woven ribbons subject to the 
investigation may:
     Also include natural or other non-man-made fibers;
     Be of any color, style, pattern, or weave construction, 
including but not limited to single-faced satin, double-faced satin, 
grosgrain, sheer, taffeta, twill, jacquard, or a combination of two 
or more colors, styles, patterns, and/or weave constructions;
     Have been subjected to, or composed of materials that 
have been subjected to, various treatments, including but not 
limited to dyeing, printing, foil stamping, embossing, flocking, 
coating, and/or sizing;
     Have embellishments, including but not limited to 
appliqu[eacute], fringes, embroidery, buttons, glitter, sequins, 
laminates, and/or adhesive backing;
     Have wire and/or monofilament in, on, or along the 
longitudinal edges of the ribbon;
     Have ends of any shape or dimension, including but not 
limited to straight ends that are perpendicular to the longitudinal 
edges of

[[Page 39302]]

the ribbon, tapered ends, flared ends or shaped ends, and the ends 
of such woven ribbons may or may not be hemmed;
     Have longitudinal edges that are straight or of any 
shape, and the longitudinal edges of such woven ribbon may or may 
not be parallel to each other;
     Consist of such ribbons affixed to like ribbon and/or 
cut-edge woven ribbon, a configuration also known as an ``ornamental 
trimming;''
     Be wound on spools; attached to a card; hanked (i.e., 
coiled or bundled); packaged in boxes, trays or bags; or configured 
as skeins, balls, bateaus or folds; and/or
     Be included within a kit or set such as when packaged 
with other products, including but not limited to gift bags, gift 
boxes and/or other types of ribbon.
    Narrow woven ribbons subject to the investigation include all 
narrow woven fabrics, tapes, and labels that fall within this 
written description of the scope of this investigation.
    Excluded from the scope of the investigation are the following:
    (1) Formed bows composed of narrow woven ribbons with woven 
selvedge;
    (2) ``Pull-bows'' (i.e., an assemblage of ribbons connected to 
one another, folded flat and equipped with a means to form such 
ribbons into the shape of a bow by pulling on a length of material 
affixed to such assemblage) composed of narrow woven ribbons;
    (3) Narrow woven ribbons comprised at least 20 percent by weight 
of elastomeric yarn (i.e., filament yarn, including monofilament, of 
synthetic textile material, other than textured yarn, which does not 
break on being extended to three times its original length and which 
returns, after being extended to twice its original length, within a 
period of five minutes, to a length not greater than one and a half 
times its original length as defined in the Harmonized Tariff 
Schedule of the United States (HTSUS), Section XI, Note 13) or 
rubber thread;
    (4) Narrow woven ribbons of a kind used for the manufacture of 
typewriter or printer ribbons;
    (5) Narrow woven labels and apparel tapes, cut-to-length or cut-
to-shape, having a length (when measured across the longest edge-to-
edge span) not exceeding 8 centimeters;
    (6) Narrow woven ribbons with woven selvedge attached to and 
forming the handle of a gift bag;
    (7) Cut-edge narrow woven ribbons formed by cutting broad woven 
fabric into strips of ribbon, with or without treatments to prevent 
the longitudinal edges of the ribbon from fraying (such as by 
merrowing, lamination, sono-bonding, fusing, gumming or waxing), and 
with or without wire running lengthwise along the longitudinal edges 
of the ribbon;
    (8) Narrow woven ribbons comprised at least 85 percent by weight 
of threads having a denier of 225 or higher;
    (9) Narrow woven ribbons constructed from pile fabrics (i.e., 
fabrics with a surface effect formed by tufts or loops of yarn that 
stand up from the body of the fabric);
    (10) Narrow woven ribbon affixed (including by tying) as a 
decorative detail to non-subject merchandise, such as a gift bag, 
gift box, gift tin, greeting card or plush toy, or affixed 
(including by tying) as a decorative detail to packaging containing 
non-subject merchandise;
    (11) Narrow woven ribbon affixed to non-subject merchandise as a 
working component of such non-subject merchandise, such as where 
narrow woven ribbon comprises an apparel trimming, book marker, bag 
cinch, or part of an identity card holder; and
    (12) Narrow woven ribbon(s) comprising a belt attached to and 
imported with an item of wearing apparel, whether or not such belt 
is removable from such item of wearing apparel.
    The merchandise subject to this investigation is classifiable 
under the HTSUS statistical categories 5806.32.1020; 5806.32.1030; 
5806.32.1050 and 5806.32.1060. Subject merchandise also may enter 
under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 
5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 
5907.00.60; and 5907.00.80 and under statistical categories 
5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The 
HTSUS statistical categories and subheadings are provided for 
convenience and customs purposes; however, the written description 
of the merchandise under investigation is dispositive.

[FR Doc. E9-18892 Filed 8-5-09; 8:45 am]
BILLING CODE 3510-DS-P