Notice of Final Determination of Sales at Less Than Fair Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 41804-41808 [2010-17538]

Download as PDF 41804 Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices 776(a) and (b) of the Act to find a grant to Yama under the Xiamen Municipal Science and Technology Program to be specific under section 771(5A)(D)(iii) of the Act. A full discussion of our decision to apply adverse facts available is presented in the Decision Memorandum in the section ‘‘Use of Facts Otherwise Available and Adverse Facts Available.’’ Suspension of Liquidation In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have calculated individual rates for Yama and Changtai Rongshu. Section 705(c)(5)(A)(i) of the Act states that for companies not investigated, we will determine an ‘‘all others’’ rate equal to the weighted–average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. In this case, the all others rate is based on Yama’s calculated rate. Exporter/manufacturer Net subsidy rate Yama Ribbons and Bows Co., Ltd. .......... Changtai Rongshu Textile Co., Ltd. ............... All Others ...................... 1.56 117.95 1.56 privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an Administrative Protective Order (‘‘APO’’), without the written consent of the Assistant Secretary for Import Administration. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: July 12, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. jlentini on DSKJ8SOYB1PROD with NOTICES Also, in accordance with section 703(d) of the Act, we instructed U.S. Customs and Border Protection to discontinue the suspension of liquidation for countervailing duty purposes for subject merchandise entered on or after April 13, 2010, but to continue the suspension of liquidation of entries made from December 14, 2010, through April 12, 2010. We will issue a countervailing duty order if the ITC issues a final affirmative injury determination, and will require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated deposits or securities posted as a result of the suspension of liquidation will be refunded or canceled. APPENDIX ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final determination. In addition, we are making available to the ITC all non– privileged and non–proprietary information related to this investigation. We will allow the ITC access to all Comment 5: Inclusion of Terminated Programs in the AFA Rate Calculation VerDate Mar<15>2010 16:24 Jul 16, 2010 Jkt 220001 List of Comments and Issues in the Decision Memorandum General Issues Company–Specific Issues Comment 2: Xiamen Municipal Science and Technology Grant Program Specificity Comment 3: International Market Developing Fund Grants for SMEs Specificity Comment 4: Calculation of Yama’s Sales Denominator AFA All–Others Rate Comment 6: All–Others Rate Calculation [FR Doc. 2010–17541 Filed 7–16–10; 8:45 am] BILLING CODE 3510–DS–S Frm 00012 Fmt 4703 International Trade Administration A–583–844 Notice of Final Determination of Sales at Less Than Fair Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: We determine that imports of narrow woven ribbons with woven selvedge (NWR) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final determination differs from the preliminary determination. The final weighted– average dumping margins for the investigated companies are listed below in the section entitled ‘‘Final Determination Margins.’’ EFFECTIVE DATE: July 19, 2010. FOR FURTHER INFORMATION CONTACT: Hector Rodriguez or Holly Phelps, AD/ CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0629 and (202) 482–0656, respectively. SUPPLEMENTARY INFORMATION: Comment 1: Double Counting/ Overlapping Remedies PO 00000 DEPARTMENT OF COMMERCE Sfmt 4703 Background On February 18, 2010, the Department published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty investigation of NWR from Taiwan. See Narrow Woven Ribbons with Woven Selvedge from Taiwan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 7236 (Feb. 18, 2010) (Preliminary Determination). Since the preliminary determination, the following events have occurred. In February 2010, the Department selected certain unaffiliated companies which supplied ribbon to Dear Year Brothers Mfg. Co., Ltd. (Dear Year) and Shienq Houng Group (i.e., Hsien Chan Enterprise Co., Ltd., Novelty Handicrafts Co., Ltd., and Shienq Huong Enterprise Co., Ltd. (collectively ‘‘Shienq Huong’’)), and we requested that these unaffiliated suppliers respond to section D of the questionnaire (i.e., the section relating to cost of production (COP) and E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices constructed value) with respect to the merchandise supplied to Dear Year and Shienq Huong. In February and March 2010, Dear Year’s unaffiliated supplier informed the Department that it did not produce NWR but merely purchased and resold it, while Shienq Houng’s unaffiliated ribbon suppliers provided responses to section D of the questionnaire. In March 2010, we verified the questionnaire responses of three respondents in this case, Dear Year, Roung Shu Industry Corporation (Roung Shu), and Shienq Houng, in accordance with section 782(i) of the Act. Also in this month, we received additional comments on the scope of this investigation from the petitioner.1 Finally in March 2010, we issued supplemental questionnaires to Shienq Huong’s unaffiliated suppliers, and we received responses to these supplemental questionnaires in April 2010. Also in April 2010, Dear Year, Roung Shu, and the petitioner submitted their main case briefs (i.e., related to all issues except those associated with the responses received from the unaffiliated suppliers noted above). We also received rebuttal briefs in April 2010 from the petitioner and the three respondents. In April 2010, we issued additional supplemental questionnaires to Shienq Huong’s unaffiliated suppliers. We received responses to these supplemental questionnaires in April and May 2010. In May and June 2010, the petitioner, Dear Year, and Shienq Huong submitted supplemental case and rebuttal briefs specifically raising issues with regards Dear Year’s and Shienq Huong’s unaffiliated suppliers of NWR. In June 2010, the petitioner provided revised scope exclusion language relating to NWR included in kits. For further discussion, see the ‘‘Scope Comments’’ section, below. Also in June 2010, the Department held a public hearing at the request of the petitioner, Dear Year, and Shienq Huong. Period of Investigation The period of investigation (POI) is July 1, 2008, through June 30, 2009. jlentini on DSKJ8SOYB1PROD with NOTICES Scope of 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 1 The petitioner in this investigation is Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, Inc. VerDate Mar<15>2010 16:24 Jul 16, 2010 Jkt 220001 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 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 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; PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 41805 (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–toshape, 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 that is (a) affixed to non–subject merchandise as a working component of such E:\FR\FM\19JYN1.SGM 19JYN1 41806 Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES non–subject merchandise, such as where narrow woven ribbon comprises an apparel trimming, book marker, bag cinch, or part of an identity card holder, or (b) affixed (including by tying) to non– subject merchandise as a working component that holds or packages such non–subject merchandise or attaches packaging or labeling to such non–subject merchandise, such as a ‘‘belly band’’ around a pair of pajamas, a pair of socks or a blanket; (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; and (13) narrow woven ribbon(s) included with non–subject merchandise in kits, such as a holiday ornament craft kit or a scrapbook kit, in which the individual lengths of narrow woven ribbon(s) included in the kit are each no greater than eight inches, the aggregate amount of marrow woven ribbon(s) included in the kit does not exceed 48 linear inches, none of the narrow woven ribbon(s) included in the kit is on a spool, and the narrow woven ribbon(s) is only one of multiple items included in the kit. 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. Scope Comments Prior to the preliminary determination in this case, we received a request from certain retailers of NWR that the Department modify the scope of the investigation to exclude NWR included in kits or sets in ‘‘de minimis’’ amounts. Because of concerns over whether the proposed scope exclusion language would be administrable, we declined to modify the scope in the Preliminary Determination, and we did not use the language suggested by these retailers or the alternative language proposed by the VerDate Mar<15>2010 16:24 Jul 16, 2010 Jkt 220001 petitioner. See Preliminary Determination, 75 FR at 7240. Following the preliminary determination, on March 24, 2010, and June 3, 2010, the petitioner submitted additional language for this scope exclusion. Having determined that the language contained in the petitioner’s June 3, 2010, submission is administrable, we have incorporated this language in exclusion 13. See the ‘‘Scope of Investigation’’ section, above. Unaffiliated Supplier Costs In our Preliminary Determination, we determined that the companies weaving the ribbon are the producers of the NWR subject to this investigation. See Preliminary Determination, 75 FR at 7242. After analyzing the information on the record with respect to this issue, as well as the comments received from interested parties, we continue to find that the weaver is the producer of NWR. See the ‘‘Issues and Decision Memorandum’’ (Decision Memorandum) from Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Import Administration, to Ronald K. Lorentzen, Deputy Secretary for Import Administration, dated July 12, 2010, at Comments 19 and 20 for further discussion regarding this determination. As noted above, from February through May 2010, we received responses to our requests for cost information from certain of Dear Year and Shienq Huong’s unaffiliated suppliers of purchased ribbon. With respect to Dear Year, the response from Dear Year’s supplier revealed that the supplier did not weave the merchandise under consideration, but rather it merely purchased the ribbon from another company and then resold it to Dear Year. Because insufficient time existed to request additional information from the upstream supplier prior to the final determination, as facts available for purposes of the final determination, we are relying on Dear Year’s costs of acquisition for the purchased NWR in lieu of actual production costs from the weavers as such information is not contained in the record of this proceeding. For further discussion, see Comment 19 in the Decision Memorandum. With respect to Shienq Huong’s unaffiliated suppliers, these companies provided certain cost information but informed the Department that they did not maintain records at a sufficient level of detail to provide POI product– specific costs. Because the submitted costs are not POI product–specific costs, we are unable to use them in our analysis for the final determination. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Therefore, as with Dear Year, as facts available for purposes of the final determination, we are relying on Shienq Huong’s costs of acquisition for the purchased NWR ribbon costs in lieu of actual costs of production from the weaver, as the weaver is unable to provide such costs on a sufficiently specific basis for use in the Department’s calculations. For further discussion, see Comment 20 in the Decision Memorandum. Section 776(a) of the Act provides that the Department shall apply ‘‘facts otherwise available’’ if (1) necessary information is not on the record, or (2) an interested party or any other person (A) withholds information that has been requested, (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782 of the Act, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified as provided by section 782(i) of the Act. Here, we lack information necessary to determine the unaffiliated suppliers’ actual costs and must, therefore, rely upon facts available. Although we appropriately requested the unaffiliated suppliers’ costs, the suppliers did not maintain records at a sufficient level of detail to provide such costs in a manner sufficiently detailed for use in the Department’s margin calculations; therefore, we are relying on the acquisition prices for purchased ribbon as facts available because they are product–specific and constitute the only useable data available with respect to purchased ribbon. However, if an antidumping duty order is issued in this proceeding, we will require product– specific costs from unaffiliated suppliers, if requested. This constitutes notice to the weavers of NWR that information must be maintained to allow the reporting of costs on a product–specific basis. Cost of Production As discussed in the preliminary determination, we conducted an investigation to determine whether the respondents made comparison market sales of the foreign like product during the POI at prices below their COP within the meaning of section 773(b) of the Act. See Preliminary Determination, 75 FR 7236 (Feb. 18, 2010). For this final determination, we performed the cost test following the same methodology as in the Preliminary Determination. We found that 20 percent or more of each respondent’s sales of a given product during the POI were at prices E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices less than the weighted–average COP for this period. Thus, we determined that these below–cost sales were made in ‘‘substantial quantities’’ within an extended period of time and at prices which did not permit the recovery of all costs within a reasonable period of time in the normal course of trade. See sections 773(b)(1)-(2) of the Act. Therefore, for purposes of this final determination, we found that each respondent made below–cost sales not in the ordinary course of trade. Consequently, we disregarded these sales and used the remaining sales as the basis for determining normal value for each respondent pursuant to section 773(b)(1) of the Act. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Decision Memorandum, which is adopted by this notice. Parties can find a complete discussion of the issues raised in this investigation and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room 1117 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http:// ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we have made certain changes to the margin calculations. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Decision Memorandum. jlentini on DSKJ8SOYB1PROD with NOTICES Verification As provided in section 782(i) of the Act, we verified the sales and cost information submitted by the respondents for use in our final determination. We used standard verification procedures including an examination of relevant accounting and production records, and original source documents provided by the respondents. Continuation of Suspension of Liquidation Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise from Taiwan, entered, or withdrawn from warehouse, for VerDate Mar<15>2010 16:24 Jul 16, 2010 Jkt 220001 41807 consumption on or after February 18, 2010, the date of publication of the preliminary determination in the Federal Register. CBP shall require a cash deposit or the posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as shown below. These instructions suspending liquidation will remain in effect until further notice. For Dear Year and Shienq Huong, because their estimated weighted–average final dumping margins are zero, we are not directing CBP to suspend liquidation of entries of NWR produced and exported by these companies. Finally, we note that neither Dear Year nor Shienq Huong has disclosed for the public record the names of their unaffiliated suppliers. Therefore, upon public disclosure of this information to the Department, we will notify CBP that Dear Year’s and Shienq Huong’s exports of merchandise produced by these unaffiliated suppliers have LTFV investigation margins of zero and thus are excluded from any order resulting from this investigation. Until and unless such public disclosure is made, we will notify CBP that all entries of merchandise produced by Dear Year’s and Shienq Huong’s unaffiliated suppliers will be subject to the ‘‘all others’’ rate established in this proceeding. this proceeding in accordance with 19 CFR 351.224(b). Shienq Huong Enterprise Co., Ltd./Hsien Chan Enterprise Co., Ltd./Novelty Handicrafts Co., Ltd. .......... All Others ...................... Dated: July 12, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination. As our final determination is affirmative, the ITC will determine within 45 days whether imports of the subject merchandise are causing material injury, or threat of material injury, to an industry in the United States. If the ITC determines that material injury or threat of injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely Final Determination Margins written notification of return/ The weighted–average dumping destruction of APO materials or margins are as follows: conversion to judicial protective order is hereby requested. Failure to comply Weighted–Average with the regulations and the terms of an Manufacturer/Exporter Margin (percent) APO is a sanctionable violation. We are issuing and publishing this Dear Year Brothers Mfg. Co., Ltd. ............ 0.00 determination and notice in accordance with sections 735(d) and 777(i) of the Roung Shu Industry Corporation ............... 4.37 Act. 0.00 4.37 ‘‘All Others’’ Rate In accordance with section 735(c)(5)(A) of the Act, we have based the ‘‘All Others’’ rate on the weighted average of the dumping margins calculated for the exporters/ manufacturers investigated in this proceeding. The ‘‘All Others’’ rate is calculated exclusive of all de minimis margins and margins based entirely on AFA. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Appendix Issues in Decision Memorandum General Issues 1. Targeted Dumping 2. The Appropriate Unit of Measure On Which to Base Sales and Cost Data 3. How to Define the Product Characteristic ‘‘Color’’ 4. Display Unit Costs Company–Specific Issues 5. Date of Shipment for Dear Year 6. Dear Year’s Sales of Traded Goods 7. The Treatment of a Relabeling Billing Adjustment for Dear Year 8. The Treatment of Dear Year’s ‘‘Combination’’ Ribbons E:\FR\FM\19JYN1.SGM 19JYN1 41808 Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices 9. Clerical Error in Dear Year’s Preliminary Dumping Margin 10. Dear Year’s Sample Sales 11. Reallocation of Variable Overhead for Dear Year 12. Variables Names in Dear Year’s Cost Database 13. The Treatment of the Product Characteristic ‘‘Width’’ for Roung Shu 14. Warranty Expenses for Roung Shu 15. Roung Shu’s Reporting of the Costs Associated with Different Colors of NWR 16. Financial Expenses for Roung Shu 17. Financial Expenses for Shienq Huong 18. Depreciation Expense for Shienq Huong Issues Related to Unaffiliated Suppliers 19. Dear Year’s Unaffiliated Suppliers’ Cost of Production (COP) 20. Shienq Huong’s Unaffiliated Suppliers’ COP 21. Assigning Combination Rates to Dear Year and Shienq Huong [FR Doc. 2010–17538 Filed 7–16–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–952] jlentini on DSKJ8SOYB1PROD with NOTICES Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: July 19, 2010. SUMMARY: On February 18, 2010, the Department of Commerce (the ‘‘Department’’) published its preliminary determination of sales at less than fair value (‘‘LTFV’’) in the antidumping duty investigation of narrow woven ribbons with woven selvedge (‘‘narrow woven ribbons’’) from the People’s Republic of China (‘‘PRC’’).1 We invited interested parties to comment on our Preliminary Determination. Based on our analysis of the comments we received, we have made changes from the Preliminary Determination. We determine that narrow woven ribbons from the PRC are being, or are likely to be, sold in the United States at LTFV as provided in 1 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 7244 (February 18, 2010) (‘‘Preliminary Determination’’). VerDate Mar<15>2010 16:24 Jul 16, 2010 Jkt 220001 section 735 of the Tariff Act of 1930, as amended (‘‘Act’’). The final dumping margins for this investigation are listed in the ‘‘Final Determination Margins’’ section below. FOR FURTHER INFORMATION CONTACT: Zhulieta Willbrand or Karine Gziryan, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3147 and (202) 482–4081, respectively. SUPPLEMENTARY INFORMATION: Case History The period of investigation is January 1, 2009, through June 30, 2009. The Department published its preliminary determination of sales at LTFV and postponement of the final determination on February 18, 2010.2 As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for the final determination of this investigation is now July 12, 2010.3 Between March 8, 2010 and March 12, 2010, the Department conducted verification of mandatory respondent Yama Ribbons and Bows Co., Ltd. (‘‘Yama’’).4 On April 20, 2010, the Department received case briefs from: Berwick Offray LLC and its wholly owned subsidiary Lion Ribbon Company, Inc. (‘‘Petitioner’’); Yama; and Yangzhou Bestpak Gifts & Crafts Co., Ltd. (‘‘Bestpak’’). On April 26, 2010, the Department received rebuttal briefs from Petitioner, Yama, and Bestpak. On June 14, 2010, the Department issued a memorandum to all interested parties requesting comment on two possible Harmonized Tariff Schedule (‘‘HTS’’) numbers (i.e., 6310.10.90 and 6310.90.90) that could be used as the surrogate value for scrap ribbon and scrap yarn.5 On June 18, 2010, we Preliminary Determination. Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. 4 See the ‘‘Verification’’ section below for additional information. 5 See Memorandum to The File, Antidumping Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Surrogate Value for Scrap Yarn and Scrap Ribbon, dated June 14, 2010. PO 00000 2 See 3 See Frm 00016 Fmt 4703 Sfmt 4703 received comments from Yama and Petitioner. On June 14, 2010, in response to the U.S. Court of Appeals for the Federal Circuit’s decision in Dorbest Limited et al. v. United States, 2009–1257, –1266 (May 14, 2010) (‘‘Dorbest’’), the Department issued a memorandum to inform all interested parties that the Department would reconsider its valuation of the labor wage rate, and to permit parties to comment on this issue.6 On June 21, 2010, we received comments from Yama and Petitioner. Additionally, on June 15 and 22, 2010, the Department issued a memorandum adding additional export data to the record related to the Department’s determination of the surrogate value for labor.7 On June 21, 2010, Petitioner and Yama submitted comments regarding the wage rate issue. Further, on June 22, 2010, the Department issued another memorandum adding additional export data to the record related to the Department’s determination of the surrogate value for labor.8 We received no additional comments. On July 1, 2010, the Department placed further data on the record regarding the wage rate issue.9 No party submitted comments. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation, as well as comments received pursuant to the Department’s requests, are addressed in the ‘‘Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Issues and Decision Memorandum for the Final Determination’’ (‘‘Issues and Decision Memorandum’’), dated concurrently with this notice and which is hereby adopted by this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit, Room 1117 of the main Commerce building, and is accessible on the World Wide Web at http:// 6 See Memorandum to The File, Antidumping Duty Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’ Republic of China: Export Data, dated June 14, 2010. 7 See Memorandum to The File, Antidumping Duty Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’ Republic of China: Additional Export Data, dated June 15, 2010. 8 See Memorandum to The File, Antidumping Duty Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’ Republic of China: Additional Export Data, dated June 22, 2010. 9 See Memorandum to The File, Antidumping Duty Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’ Republic of China: Data on Labor Wage, dated July 1, 2010. E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Pages 41804-41808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17538]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-583-844


Notice of Final Determination of Sales at Less Than Fair Value: 
Narrow Woven Ribbons with Woven Selvedge from Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: We determine that imports of narrow woven ribbons with woven 
selvedge (NWR) from Taiwan are being, or are likely to be, sold in the 
United States at less than fair value (LTFV), as provided in section 
735 of the Tariff Act of 1930, as amended (the Act).
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final determination 
differs from the preliminary determination. The final weighted-average 
dumping margins for the investigated companies are listed below in the 
section entitled ``Final Determination Margins.''

EFFECTIVE DATE: July 19, 2010.

FOR FURTHER INFORMATION CONTACT: Hector Rodriguez or Holly Phelps, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0629 and (202) 482-0656, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2010, the Department published in the Federal 
Register the preliminary determination of sales at LTFV in the 
antidumping duty investigation of NWR from Taiwan. See Narrow Woven 
Ribbons with Woven Selvedge from Taiwan: Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination, 
75 FR 7236 (Feb. 18, 2010) (Preliminary Determination). Since the 
preliminary determination, the following events have occurred.
    In February 2010, the Department selected certain unaffiliated 
companies which supplied ribbon to Dear Year Brothers Mfg. Co., Ltd. 
(Dear Year) and Shienq Houng Group (i.e., Hsien Chan Enterprise Co., 
Ltd., Novelty Handicrafts Co., Ltd., and Shienq Huong Enterprise Co., 
Ltd. (collectively ``Shienq Huong'')), and we requested that these 
unaffiliated suppliers respond to section D of the questionnaire (i.e., 
the section relating to cost of production (COP) and

[[Page 41805]]

constructed value) with respect to the merchandise supplied to Dear 
Year and Shienq Huong. In February and March 2010, Dear Year's 
unaffiliated supplier informed the Department that it did not produce 
NWR but merely purchased and resold it, while Shienq Houng's 
unaffiliated ribbon suppliers provided responses to section D of the 
questionnaire.
    In March 2010, we verified the questionnaire responses of three 
respondents in this case, Dear Year, Roung Shu Industry Corporation 
(Roung Shu), and Shienq Houng, in accordance with section 782(i) of the 
Act. Also in this month, we received additional comments on the scope 
of this investigation from the petitioner.\1\ Finally in March 2010, we 
issued supplemental questionnaires to Shienq Huong's unaffiliated 
suppliers, and we received responses to these supplemental 
questionnaires in April 2010.
---------------------------------------------------------------------------

    \1\ The petitioner in this investigation is Berwick Offray LLC 
and its wholly-owned subsidiary Lion Ribbon Company, Inc.
---------------------------------------------------------------------------

    Also in April 2010, Dear Year, Roung Shu, and the petitioner 
submitted their main case briefs (i.e., related to all issues except 
those associated with the responses received from the unaffiliated 
suppliers noted above). We also received rebuttal briefs in April 2010 
from the petitioner and the three respondents. In April 2010, we issued 
additional supplemental questionnaires to Shienq Huong's unaffiliated 
suppliers. We received responses to these supplemental questionnaires 
in April and May 2010.
    In May and June 2010, the petitioner, Dear Year, and Shienq Huong 
submitted supplemental case and rebuttal briefs specifically raising 
issues with regards Dear Year's and Shienq Huong's unaffiliated 
suppliers of NWR.
    In June 2010, the petitioner provided revised scope exclusion 
language relating to NWR included in kits. For further discussion, see 
the ``Scope Comments'' section, below. Also in June 2010, the 
Department held a public hearing at the request of the petitioner, Dear 
Year, and Shienq Huong.

Period of Investigation

    The period of investigation (POI) is July 1, 2008, through June 30, 
2009.

Scope of 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 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 that is (a) affixed to non-subject 
merchandise as a working component of such

[[Page 41806]]

non-subject merchandise, such as where narrow woven ribbon comprises an 
apparel trimming, book marker, bag cinch, or part of an identity card 
holder, or (b) affixed (including by tying) to non-subject merchandise 
as a working component that holds or packages such non-subject 
merchandise or attaches packaging or labeling to such non-subject 
merchandise, such as a ``belly band'' around a pair of pajamas, a pair 
of socks or a blanket;
    (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; and
    (13) narrow woven ribbon(s) included with non-subject merchandise 
in kits, such as a holiday ornament craft kit or a scrapbook kit, in 
which the individual lengths of narrow woven ribbon(s) included in the 
kit are each no greater than eight inches, the aggregate amount of 
marrow woven ribbon(s) included in the kit does not exceed 48 linear 
inches, none of the narrow woven ribbon(s) included in the kit is on a 
spool, and the narrow woven ribbon(s) is only one of multiple items 
included in the kit.
    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.

Scope Comments

    Prior to the preliminary determination in this case, we received a 
request from certain retailers of NWR that the Department modify the 
scope of the investigation to exclude NWR included in kits or sets in 
``de minimis'' amounts. Because of concerns over whether the proposed 
scope exclusion language would be administrable, we declined to modify 
the scope in the Preliminary Determination, and we did not use the 
language suggested by these retailers or the alternative language 
proposed by the petitioner. See Preliminary Determination, 75 FR at 
7240.
    Following the preliminary determination, on March 24, 2010, and 
June 3, 2010, the petitioner submitted additional language for this 
scope exclusion. Having determined that the language contained in the 
petitioner's June 3, 2010, submission is administrable, we have 
incorporated this language in exclusion 13. See the ``Scope of 
Investigation'' section, above.

Unaffiliated Supplier Costs

    In our Preliminary Determination, we determined that the companies 
weaving the ribbon are the producers of the NWR subject to this 
investigation. See Preliminary Determination, 75 FR at 7242. After 
analyzing the information on the record with respect to this issue, as 
well as the comments received from interested parties, we continue to 
find that the weaver is the producer of NWR. See the ``Issues and 
Decision Memorandum'' (Decision Memorandum) from Edward C. Yang, Acting 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Import Administration, to Ronald K. Lorentzen, Deputy 
Secretary for Import Administration, dated July 12, 2010, at Comments 
19 and 20 for further discussion regarding this determination.
    As noted above, from February through May 2010, we received 
responses to our requests for cost information from certain of Dear 
Year and Shienq Huong's unaffiliated suppliers of purchased ribbon. 
With respect to Dear Year, the response from Dear Year's supplier 
revealed that the supplier did not weave the merchandise under 
consideration, but rather it merely purchased the ribbon from another 
company and then resold it to Dear Year. Because insufficient time 
existed to request additional information from the upstream supplier 
prior to the final determination, as facts available for purposes of 
the final determination, we are relying on Dear Year's costs of 
acquisition for the purchased NWR in lieu of actual production costs 
from the weavers as such information is not contained in the record of 
this proceeding. For further discussion, see Comment 19 in the Decision 
Memorandum.
    With respect to Shienq Huong's unaffiliated suppliers, these 
companies provided certain cost information but informed the Department 
that they did not maintain records at a sufficient level of detail to 
provide POI product-specific costs. Because the submitted costs are not 
POI product-specific costs, we are unable to use them in our analysis 
for the final determination. Therefore, as with Dear Year, as facts 
available for purposes of the final determination, we are relying on 
Shienq Huong's costs of acquisition for the purchased NWR ribbon costs 
in lieu of actual costs of production from the weaver, as the weaver is 
unable to provide such costs on a sufficiently specific basis for use 
in the Department's calculations. For further discussion, see Comment 
20 in the Decision Memorandum.
    Section 776(a) of the Act provides that the Department shall apply 
``facts otherwise available'' if (1) necessary information is not on 
the record, or (2) an interested party or any other person (A) 
withholds information that has been requested, (B) fails to provide 
information within the deadlines established, or in the form and manner 
requested by the Department, subject to subsections (c)(1) and (e) of 
section 782 of the Act, (C) significantly impedes a proceeding, or (D) 
provides information that cannot be verified as provided by section 
782(i) of the Act. Here, we lack information necessary to determine the 
unaffiliated suppliers' actual costs and must, therefore, rely upon 
facts available. Although we appropriately requested the unaffiliated 
suppliers' costs, the suppliers did not maintain records at a 
sufficient level of detail to provide such costs in a manner 
sufficiently detailed for use in the Department's margin calculations; 
therefore, we are relying on the acquisition prices for purchased 
ribbon as facts available because they are product-specific and 
constitute the only useable data available with respect to purchased 
ribbon. However, if an antidumping duty order is issued in this 
proceeding, we will require product-specific costs from unaffiliated 
suppliers, if requested. This constitutes notice to the weavers of NWR 
that information must be maintained to allow the reporting of costs on 
a product-specific basis.

Cost of Production

    As discussed in the preliminary determination, we conducted an 
investigation to determine whether the respondents made comparison 
market sales of the foreign like product during the POI at prices below 
their COP within the meaning of section 773(b) of the Act. See 
Preliminary Determination, 75 FR 7236 (Feb. 18, 2010). For this final 
determination, we performed the cost test following the same 
methodology as in the Preliminary Determination.
    We found that 20 percent or more of each respondent's sales of a 
given product during the POI were at prices

[[Page 41807]]

less than the weighted-average COP for this period. Thus, we determined 
that these below-cost sales were made in ``substantial quantities'' 
within an extended period of time and at prices which did not permit 
the recovery of all costs within a reasonable period of time in the 
normal course of trade. See sections 773(b)(1)-(2) of the Act.
    Therefore, for purposes of this final determination, we found that 
each respondent made below-cost sales not in the ordinary course of 
trade. Consequently, we disregarded these sales and used the remaining 
sales as the basis for determining normal value for each respondent 
pursuant to section 773(b)(1) of the Act.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Decision Memorandum, which is 
adopted by this notice. Parties can find a complete discussion of the 
issues raised in this investigation and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit, room 1117 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we have made certain changes to the margin calculations. 
For a discussion of these changes, see the ``Margin Calculations'' 
section of the Decision Memorandum.

Verification

    As provided in section 782(i) of the Act, we verified the sales and 
cost information submitted by the respondents for use in our final 
determination. We used standard verification procedures including an 
examination of relevant accounting and production records, and original 
source documents provided by the respondents.

Continuation of Suspension of Liquidation

    Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs 
and Border Protection (CBP) to continue to suspend liquidation of all 
entries of subject merchandise from Taiwan, entered, or withdrawn from 
warehouse, for consumption on or after February 18, 2010, the date of 
publication of the preliminary determination in the Federal Register. 
CBP shall require a cash deposit or the posting of a bond equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown below. These instructions suspending liquidation will remain in 
effect until further notice. For Dear Year and Shienq Huong, because 
their estimated weighted-average final dumping margins are zero, we are 
not directing CBP to suspend liquidation of entries of NWR produced and 
exported by these companies.
    Finally, we note that neither Dear Year nor Shienq Huong has 
disclosed for the public record the names of their unaffiliated 
suppliers. Therefore, upon public disclosure of this information to the 
Department, we will notify CBP that Dear Year's and Shienq Huong's 
exports of merchandise produced by these unaffiliated suppliers have 
LTFV investigation margins of zero and thus are excluded from any order 
resulting from this investigation. Until and unless such public 
disclosure is made, we will notify CBP that all entries of merchandise 
produced by Dear Year's and Shienq Huong's unaffiliated suppliers will 
be subject to the ``all others'' rate established in this proceeding.

Final Determination Margins

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Dear Year Brothers Mfg. Co., Ltd....................                0.00
Roung Shu Industry Corporation......................                4.37
Shienq Huong Enterprise Co., Ltd./Hsien Chan                        0.00
 Enterprise Co., Ltd./Novelty Handicrafts Co., Ltd..
All Others..........................................                4.37
------------------------------------------------------------------------

``All Others'' Rate

    In accordance with section 735(c)(5)(A) of the Act, we have based 
the ``All Others'' rate on the weighted average of the dumping margins 
calculated for the exporters/manufacturers investigated in this 
proceeding. The ``All Others'' rate is calculated exclusive of all de 
minimis margins and margins based entirely on AFA.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, the ITC will determine within 45 
days whether imports of the subject merchandise are causing material 
injury, or threat of material injury, to an industry in the United 
States. If the ITC determines that material injury or threat of injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: July 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix Issues in Decision Memorandum

General Issues

1. Targeted Dumping
2. The Appropriate Unit of Measure On Which to Base Sales and Cost Data
3. How to Define the Product Characteristic ``Color''
4. Display Unit Costs

Company-Specific Issues

5. Date of Shipment for Dear Year
6. Dear Year's Sales of Traded Goods
7. The Treatment of a Relabeling Billing Adjustment for Dear Year
8. The Treatment of Dear Year's ``Combination'' Ribbons

[[Page 41808]]

9. Clerical Error in Dear Year's Preliminary Dumping Margin
10. Dear Year's Sample Sales
11. Reallocation of Variable Overhead for Dear Year
12. Variables Names in Dear Year's Cost Database
13. The Treatment of the Product Characteristic ``Width'' for Roung Shu
14. Warranty Expenses for Roung Shu
15. Roung Shu's Reporting of the Costs Associated with Different Colors 
of NWR
16. Financial Expenses for Roung Shu
17. Financial Expenses for Shienq Huong
18. Depreciation Expense for Shienq Huong

Issues Related to Unaffiliated Suppliers

19. Dear Year's Unaffiliated Suppliers' Cost of Production (COP)
20. Shienq Huong's Unaffiliated Suppliers' COP
21. Assigning Combination Rates to Dear Year and Shienq Huong
[FR Doc. 2010-17538 Filed 7-16-10; 8:45 am]
BILLING CODE 3510-DS-S