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