Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 41808-41813 [2010-17568]
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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]
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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’’).
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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.
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2 See
3 See
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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 https://
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.
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trade.gov/ia/index.asp. The paper copy
and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary
Determination
1. For the final determination, we
have included a freight expense to
transport liquid petroleum gas from the
supplier to Yama’s factory.10
2. In the Preliminary Determination,
75 FR at 7249–50, we stated that for
certain misreported packing materials’
factors of production (‘‘FOPs’’) as facts
available, we applied a simple average
consumption rate for certain packing
materials. At verification, we examined
these packing materials. For the final
determination, we have determined to
use Yama’s reported consumption rates
for all its packing materials.11
3. We have recalculated the surrogate
value for scrap using World Trade Atlas
data for HTS number 6310.90.90.12
4. Pursuant to a recent decision by the
U.S. Court of Appeals for the Federal
Circuit, we have calculated a revised
hourly wage rate to use in valuing
Yama’s reported labor input by
averaging earnings and/or wages in
countries that are economically
comparable to the PRC and that are
significant producers of comparable
merchandise.13
5. For the final determination, we
have included a new exclusion (i.e.,
exclusion 13) in the scope of
investigation. See ‘‘Scope of
Investigation’’ section, below.
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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 nonman-made fibers;
• Be of any color, style, pattern, or
weave construction, including but not
limited to single-faced satin, doublefaced satin, grosgrain, sheer, taffeta,
twill, jacquard, or a combination of two
10 See Final Analysis Memorandum for Yama
Ribbons and Bows Co. Ltd., dated July 12, 2010
(‘‘Yama’s Analysis Memo’’).
11 See Yama’s Analysis Memo.
12 See Yama’s Analysis Memo.
13 See Issues and Decision Memorandum at
Comment 8.
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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;
(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
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41809
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 eight 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, sonobonding, 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 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 nonsubject merchandise as a working
component that holds or packages such
non-subject merchandise or attaches
packaging or labeling to such nonsubject 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 narrow woven ribbon(s) included in
the kit does not exceed 48 linear inches,
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Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices
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 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 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 narrow woven
ribbons that the Department modify the
scope of the investigation to exclude
narrow woven ribbons 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 13.14
Verification
As provided in section 782(i) of the
Act, we verified the information
submitted by Yama for use in our final
determination. We used standard
verification procedures including
examination of relevant accounting and
production records, and original source
documents provided by the
respondent.15
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14 See
‘‘the Scope of Investigation’’ section, above.
April 13, 2010 Memorandum to the File
from Karine Gziryan and Zhulieta Willbrand,
International Trade Compliance Specialists, AD/
CVD Operations, Office 4, ‘‘Verification of the Sales
and Factors Responses of Yama Ribbons and Bows
Co., Ltd. in the Antidumping Investigation of
Narrow Woven Ribbons with Woven Selvedge from
the People’s Republic of China’’ at 34 and Exhibit
22.
Surrogate Country
In the Preliminary Determination, we
stated that we selected India as the
appropriate surrogate country to use in
this investigation for the following
reasons: (1) It is a significant producer
of comparable merchandise; (2) it is at
a similar level of economic development
pursuant to section 773(c)(4) of the Act;
and (3) we have reliable data from India
that we can use to value the FOPs.16 We
received no comments on this issue
after the Preliminary Determination, and
we have made no changes to our
findings with respect to the selection of
a surrogate country for the final
determination.
Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
investigation in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate.17
In the Preliminary Determination, we
found that the following companies
demonstrated eligibility for separate-rate
status: Beauty Horn Investment Limited;
Fujian Rongshu Industry Co., Ltd.;
Guangzhou Complacent Weaving Co.,
Ltd.; Ningbo MH Industry Co., Ltd.;
Ningbo V.K. Industry & Trading Co.,
Ltd.; Stribbons (Guangzhou) Ltd.; Sun
Rich (Asia) Limited; Tianjin Sun Ribbon
Co., Ltd.; Weifang Dongfang Ribbon
Weaving Co., Ltd.; Weifang Yu Yuan
Textile Co., Ltd.; Xiamen Yi He Textile
Co., Ltd; and Bestpak (collectively, the
‘‘Separate Rate Applicants’’). Since the
publication of the Preliminary
Determination, no party has commented
on the eligibility of the Separate Rate
Applicants for separate-rate status. For
the final determination, we continue to
find that the evidence placed on the
record of this investigation by the
Separate Rate Applicants demonstrates
both de jure and de facto absence of
government control with respect to each
company’s respective exports of the
merchandise under investigation. Thus,
we continue to find that the Separate
15 See
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Preliminary Determination.
Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991), as amplified by
Notice of Final Determination of Sales at Less Than
Fair Value: Silicon Carbide from the People’s
Republic of China, 59 FR 22585 (May 2, 1994), and
19 CFR 351.107(d).
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16 See
17 See
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Rate Applicants are eligible for separaterate status.
Normally the separate rate is
determined based on the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
zero and de minimis margins or margins
based entirely on adverse facts available
(‘‘AFA’’).18 In this case, because there are
no rates other than de minimis or those
based on AFA, we have determined to
take a simple average of the AFA rate
assigned to the PRC-wide entity and the
de minimis rate calculated for Yama as
a reasonable method for purposes of
determining the rate assigned to the
Separate Rate Applicants.19 We note
that this methodology is consistent with
the Department’s past practice.20
The PRC-Wide Rate
In the Preliminary Determination, we
found that certain PRC exporters/
producers did not demonstrate that they
operate free of government control over
their export activities and did not
respond to the Department’s request for
information.21 Thus, we treated these
PRC exporters/producers as part of the
PRC-wide entity and found that the
PRC-wide entity did not respond to our
requests for information.22 No
additional information was placed on
the record with respect to any of these
companies after the Preliminary
Determination. Additionally, in the
Preliminary Determination, we
determined that because Ningbo Jintian
Import & Export Co., Ltd. (‘‘Ningbo
Jintian’’) (i.e., a mandatory respondent)
failed to submit responses to the
Department’s questionnaires, the
Department has no basis upon which to
grant Ningbo Jintian a separate rate.
Accordingly, in the Preliminary
Determination, we determined to treat
Ningbo Jintian as part of the PRC-wide
entity.23 We received no comments on
this determination.
Section 776(a)(2) of the Act provides
that, if an interested party (A)
Withholds information requested by the
Department, (B) fails to provide such
information by the deadline, or in the
form or manner requested, (C)
18 See
section 735(c)(5)(A) of the Act.
section 735(c)(5)(B) of the Act.
20 See Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination; Light-Walled Rectangular
Pipe and Tube From the Republic of Korea, 73 FR
5794, 5800 (January 31, 2008), unchanged in Notice
of Final Determination of Sales at Less Than Fair
Value: Light-Walled Rectangular Pipe and Tube
from the Republic of Korea, 73 FR 35655 (June 24,
2008); see also ‘‘Corroboration’’ section below.
21 See Preliminary Determination, 75 FR at 7250.
22 See id.
23 See id.
19 See
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significantly impedes a proceeding, or
(D) provides information that cannot be
verified, the Department shall use,
subject to section 782(d) of the Act, facts
otherwise available in reaching the
applicable determination. Since the
PRC-wide entity did not provide the
Department with requested information,
pursuant to section 776(a)(2)(A) of the
Act, we continue to find it appropriate
to base the PRC-wide rate on facts
available. Therefore, pursuant to section
776(a)(2)(A) of the Act, the Department
continues to find that the use of facts
available is appropriate to determine the
PRC-wide rate.
Section 776(b) of the Act provides
that, in selecting from among the facts
otherwise available, the Department
may employ an adverse inference if an
interested party fails to cooperate by not
acting to the best of its ability to comply
with requests for information.24 We
determine that, because the PRC-wide
entity did not respond to our requests
for information, the PRC-wide entity has
failed to cooperate to the best of its
ability. Therefore, the Department finds
that, in selecting from among the facts
otherwise available, an adverse
inference is appropriate for the PRCwide entity.
Because we begin with the
presumption that all companies within
an NME country are subject to
government control, and because only
Separate Rate Applicants have
overcome that presumption, we are
applying a single antidumping rate (i.e.,
the PRC-wide entity rate) to all other
exporters of subject merchandise from
the PRC. Such companies did not
demonstrate entitlement to a separate
rate.25 The PRC-wide entity rate applies
to all entries of subject merchandise
24 See Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, from the People’s Republic
of China: Preliminary Results of Antidumping Duty
Administrative Review and Notice of Rescission in
Part and Intent to Rescind in Part, 72 FR 14078,
14079 (March 26, 2007), unchanged in Tapered
Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People’s Republic of China:
Final Results of 2005–2006 Administrative Review
and Partial Rescission of Review, 72 FR 56724
(October 4, 2007) and Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished, From the
People’s Republic of China: Amended Final Results
of 2005–2006 Administrative Review, 72 FR 70302
(December 11, 2007). See also Statement of
Administrative Action accompanying the Uruguay
Round Agreements Act (‘‘SAA’’), H.R. Doc. No. 103–
316, Vol. 1 (1994), at 870.
25 See, e.g., Synthetic Indigo From the People’s
Republic of China; Notice of Final Determination of
Sales at Less Than Fair Value, 65 FR 25706 (May
3, 2000).
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except for entries from Yama and the
Separate Rate Applicants.
Corroboration
Section 776(c) of the Act provides
that, when the Department relies on
secondary information rather than on
information obtained in the course of an
investigation as facts available, it must,
to the extent practicable, corroborate
that information from independent
sources reasonably at its disposal.
Secondary information is described as
‘‘information derived from the petition
that gave rise to the investigation or
review, the final determination
concerning merchandise subject to this
investigation, or any previous review
under section 751 concerning the
merchandise subject to this
investigation.’’ 26 To ‘‘corroborate’’
means that the Department will satisfy
itself that the secondary information to
be used has probative value.
Independent sources used to corroborate
may include, for example, published
price lists, official import statistics and
customs data, and information obtained
from interested parties during the
particular investigation. To corroborate
secondary information, the Department
will, to the extent practicable, examine
the reliability and relevance of the
information used.27
The AFA rate that the Department
used is drawn from the petition, as
adjusted to reflect the CAFC’s decision
in Dorbest. See Issues and Decision
Memorandum at Comment 1.
Petitioner’s methodology for calculating
the United States price and normal
value (‘‘NV’’) in the petition is discussed
in the Initiation Notice.28 In the
Preliminary Determination, we assigned
26 See Final Determination of Sales at Less Than
Fair Value: Sodium Hexametaphosphate From the
People’s Republic of China, 73 FR 6479, 6481
(February 4, 2008), quoting SAA at 870.
27 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From Japan, and Tapered
Roller Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty
Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller
Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter,
and Components Thereof, From Japan; Final
Results of Antidumping Duty Administrative
Reviews and Termination in Part, 62 FR 11825
(March 13, 1997).
28 See Narrow Woven Ribbons with Woven
Selvedge from the People’s Republic of China and
Taiwan: Initiation of Antidumping Duty
Investigations, 74 FR 39291 (August 6, 2009)
(‘‘Initiation Notice’’)
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
41811
to the PRC-wide entity the margin
alleged in the petition, i.e., 247.65
percent.29 For the final determination,
we have continued to assign to the PRCwide entity the rate of 247.65 percent.
To corroborate the AFA margin that we
have selected, we compared it to the
model-specific margins we found for the
participating mandatory respondent,
Yama. We found that the margin of
247.65 percent has probative value
because it is in the range of Yama’s
model-specific margins.30 Accordingly,
we find that the rate of 247.65 percent
is corroborated within the meaning of
section 776(c) of the Act.31
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for
respondents that are eligible for a
separate rate in this investigation.32 This
practice is described in Policy Bulletin
05.1, available at https://ia.ita.doc.gov/.
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that the Department will now
assign in its NME investigations will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation. (Emphasis
in original).
Final Determination Margins
The Department determines that the
following dumping margins exist for the
period January 1, 2009, through June 30,
2009:
29 See
Preliminary Determination, 75 FR at 7251.
Yama’s Analysis Memo.
31 See Issues and Decision Memorandum at
Comment 12; see also July 12, 2010 Memorandum
to the File from Karine Gziryan, International Trade
Analyst, AD/CVD Operations, Office 4,
‘‘Antidumping Investigation of Narrow Woven
Ribbons with Woven Selvedge from the People’s
Republic of China: Proprietary Memorandum
regarding Corroboration’’.
32 See Initiation Notice, 74 FR at 39297.
30 See
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Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices
Weighted-average
percent margin
Exporter
Producer
Yama Ribbons and Bows Co., Ltd ..........................................
Beauty Horn Investment Limited .............................................
Fujian Rongshu Industry Co., Ltd ...........................................
Guangzhou Complacent Weaving Co., Ltd
Ningbo MH Industry Co., Ltd ...................................................
Ningbo V.K. Industry & Trading Co., Ltd
Stribbons (Guangzhou) Ltd .....................................................
Stribbons (Guangzhou) Ltd .....................................................
Sun Rich (Asia) Limited ...........................................................
Tianjin Sun Ribbon Co., Ltd ....................................................
Weifang Dongfang Ribbon Weaving Co., Ltd
Weifang Yu Yuan Textile Co., Ltd ...........................................
Xiamen Yi He Textile Co., Ltd .................................................
Yangzhou Bestpak Gifts & Crafts Co., Ltd
PRC-wide Entity* .....................................................................
Yama Ribbons and Bows Co., Ltd ..........................................
Tianjin Sun Ribbon Co., Ltd ....................................................
Fujian Rongshu Industry Co., Ltd ...........................................
Guangzhou Complacent Weaving Co., Ltd
Hangzhou City Linghu Jiacheng Silk Ribbon Co., Ltd
Ningbo Yinzhou Jinfeng Knitting Factory
Stribbons (Guangzhou) Ltd .....................................................
Stribbons (Nanyang) MNC Ltd ................................................
Dongguan Yi Sheng Decoration Co., Ltd
Tianjin Sun Ribbon Co., Ltd ....................................................
Weifang Dongfang Ribbon Weaving Co., Ltd
Weifang Yu Yuan Textile Co., Ltd ...........................................
Xiamen Yi He Textile Co., Ltd .................................................
Yangzhou Bestpak Gifts & Crafts Co., Ltd
..................................................................................................
0
123.83
123.83
123.83
123.83
123.83
123.83
123.83
123.83
123.83
123.83
123.83
123.83
123.83
247.65
* (Including Ningbo Jintian Import & Export Co., Ltd.).
jlentini on DSKJ8SOYB1PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all entries of
narrow woven ribbons from the PRC, as
described in the ‘‘Scope of Investigation’’
section, above, 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.
The Department will instruct CBP to
require a cash deposit or the posting of
a bond equal to the weighted-average
dumping margin amount by which the
NV exceeds U.S. price, as follows: (1)
The rate for the exporter/producer
combinations listed in the chart above
will be the rate the Department has
determined in this final determination;
(2) for all PRC exporters of subject
merchandise which have not received
their own rate, the cash-deposit rate will
be the PRC-wide entity rate; and (3) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash-deposit rate will
be the rate applicable to the PRC
exporter/producer combination that
supplied that non-PRC exporter.
Additionally, as the Department has
determined in its companion
countervailing duty (‘‘CVD’’) final
determination of narrow woven ribbons
from the PRC (dated concurrently with
this notice) that the product under
investigation, exported and produced by
Yama, benefitted from an export
subsidy, we will instruct CBP to require
an antidumping cash deposit or posting
of a bond equal to the weighted-average
amount by which the NV exceeds the
export price, as indicated above, minus
the amount determined to constitute an
export subsidy. See, e.g., Notice of Final
VerDate Mar<15>2010
16:24 Jul 16, 2010
Jkt 220001
Determination of Sales at Less Than
Fair Value: Carbazole Violet Pigment 23
From India, 69 FR 67306, 67307
(November 17, 2004). Therefore, for the
separate rate respondents, we will
instruct CBP to require an antidumping
duty cash deposit or the posting of a
bond for each entry equal to the
weighted-average margin indicated
above adjusted for the export subsidy
rate determined in the CVD final
determination (i.e., International Market
Development Fund Grants for Small and
Medium Enterprises). The adjusted cash
deposit rate for the separate rate
respondents (as listed above in the
‘‘Final Determination Margins’’ section,
above) is 123.44 percent. These
suspension-of-liquidation instructions
will remain in effect until further notice.
for consumption on or after the effective
date of the suspension of liquidation.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, the Department notified the
U.S. International Trade Commission
(‘‘ITC’’) of its final determination of sales
at LTFV. As the Department’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, within 45 days the ITC will
determine whether the domestic
industry in the United States is
materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of the subject merchandise.
If the ITC determines that material
injury or threat of material 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, upon further instruction by
the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
Dated: July 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Notification Regarding APO
This notice also serves as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return or 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.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Appendix I
Issues for Final Determination
Comment 1: Whether the Department should
recalculate the petition margin with the
preliminary surrogate value for labor
Comment 2: Whether to apply a scrap offset
in deriving Yama’s normal value
Comment 3: Whether to set additional
processing revenue to zero for all sales
and cap freight revenue
Comment 4: Whether to include freight
expenses for the input Liquid Petroleum
Gas (‘‘LPG’’)
Comment 5: Whether to deduct Yama’s bank
charges from U.S. price
Comment 6: Whether to apply Adverse Facts
Available for some of Yama’s sales
Comment 7: Whether to apply Facts
Available to estimate commissions on
Yama’s U.S. Sales
Comment 8: Whether the Department should
revise its labor rate calculation
Comment 9: Whether to assign Bestpak the
calculated margin assigned to Yama as
its separate rate
Comment 10: Whether to select an additional
E:\FR\FM\19JYN1.SGM
19JYN1
Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices
respondent
Comment 11: Whether to calculate Bestpak’s
separate rate using its quantity and value
information
Comment 12: Whether the AFA rate was
sufficiently corroborated
[FR Doc. 2010–17568 Filed 7–16–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
jlentini on DSKJ8SOYB1PROD with NOTICES
Certain Frozen Warmwater Shrimp
From India: Final Results of
Antidumping Duty Administrative
Review, Partial Rescission of Review,
and Notice of Revocation of Order in
Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 15, 2010, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
frozen warmwater shrimp (shrimp) from
India. This review covers 159
producers/exporters 1 of the subject
merchandise to the United States. The
period of review (POR) is February 1,
2008, through January 31, 2009.
After analyzing the comments
received, we have made no changes in
the margin calculations. Therefore,
these final results do not differ from the
preliminary results. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
Finally, we have determined to revoke
the antidumping duty order with
respect to shrimp from India produced
and exported by Devi Sea Foods Limited
(Devi) and to rescind the review with
respect to 41 firms.
DATES: Effective Date: July 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Henry Almond,
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) 482–3874 or (202) 482–
0049, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 159 producers/
exporters. The respondents which the
1 Collapsed entities are treated as one producer/
exporter.
VerDate Mar<15>2010
16:24 Jul 16, 2010
Jkt 220001
Department selected for individual
examination are Devi, Falcon Marine
Exports Limited (Falcon), and the
Liberty Group.2 The respondents which
were not selected for individual review
are listed in the ‘‘Final Results of
Review’’ section of this notice.
On March 15, 2010, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on shrimp from India. See Certain
Frozen Warmwater Shrimp from India:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Rescission of Review, Notice of Intent to
Rescind Review in Part, and Notice of
Intent to Revoke Order in Part, 75 FR
12175 (Mar. 15, 2010) (Preliminary
Results).
We invited parties to comment on the
Preliminary Results of review. In April
2009, we received case and rebuttal
briefs from the Ad Hoc Shrimp Trade
Action Committee (the Petitioner) and
the American Shrimp Processors
Association (ASPA)/the Louisiana
Shrimp Association (LSA). We also
received a case brief from the Liberty
Group and a rebuttal brief from Devi.
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The scope of this order includes
certain frozen warmwater shrimp and
prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,3
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), are products
which are processed from warmwater
shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be
processed from any species of
warmwater shrimp and prawns.
Warmwater shrimp and prawns are
generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
2 The Liberty Group consists of the following
companies: Devi Marine Food Exports Private
Limited, Kader Exports Private Limited, Kader
Investment and Trading Company Private Limited,
Liberty Frozen Foods Private Limited, Liberty Oil
Mills Ltd., Premier Marine Products, and Universal
Cold Storage Private Limited (collectively, ‘‘the
Liberty Group’’).
3 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
41813
warmwater species include, but are not
limited to, whiteleg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis),
southern pink shrimp (Penaeus
notialis), southern rough shrimp
(Trachypenaeus curvirostris), southern
white shrimp (Penaeus schmitti), blue
shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of this order.
In addition, food preparations, which
are not ‘‘prepared meals,’’ that contain
more than 20 percent by weight of
shrimp or prawn are also included in
the scope of this order.
Excluded from the scope are: (1)
Breaded shrimp and prawns (HTSUS
subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled
(HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) canned warmwater shrimp
and prawns (HTSUS subheading
1605.20.10.40); (7) certain dusted
shrimp; and (8) certain battered shrimp.
Dusted shrimp is a shrimp-based
product: (1) That is produced from fresh
(or thawed-from-frozen) and peeled
shrimp; (2) to which a ‘‘dusting’’ layer of
rice or wheat flour of at least 95 percent
purity has been applied; (3) with the
entire surface of the shrimp flesh
thoroughly and evenly coated with the
flour; (4) with the non-shrimp content of
the end product constituting between
four and ten percent of the product’s
total weight after being dusted, but prior
to being frozen; and (5) that is subjected
to IQF freezing immediately after
application of the dusting layer.
Battered shrimp is a shrimp-based
product that, when dusted in
accordance with the definition of
dusting above, is coated with a wet
viscous layer containing egg and/or
milk, and par-fried.
The products covered by this order
are currently classified under the
following HTSUS subheadings:
0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12,
0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24,
E:\FR\FM\19JYN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Pages 41808-41813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17568]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-952]
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 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.
---------------------------------------------------------------------------
\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'').
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\
---------------------------------------------------------------------------
\2\ See Preliminary Determination.
\3\ See 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.
---------------------------------------------------------------------------
Between March 8, 2010 and March 12, 2010, the Department conducted
verification of mandatory respondent Yama Ribbons and Bows Co., Ltd.
(``Yama'').\4\
---------------------------------------------------------------------------
\4\ See the ``Verification'' section below for additional
information.
---------------------------------------------------------------------------
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 received comments from Yama and Petitioner.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://
[[Page 41809]]
trade.gov/ia/index.asp. The paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Determination
1. For the final determination, we have included a freight expense
to transport liquid petroleum gas from the supplier to Yama's
factory.\10\
---------------------------------------------------------------------------
\10\ See Final Analysis Memorandum for Yama Ribbons and Bows Co.
Ltd., dated July 12, 2010 (``Yama's Analysis Memo'').
---------------------------------------------------------------------------
2. In the Preliminary Determination, 75 FR at 7249-50, we stated
that for certain misreported packing materials' factors of production
(``FOPs'') as facts available, we applied a simple average consumption
rate for certain packing materials. At verification, we examined these
packing materials. For the final determination, we have determined to
use Yama's reported consumption rates for all its packing
materials.\11\
---------------------------------------------------------------------------
\11\ See Yama's Analysis Memo.
---------------------------------------------------------------------------
3. We have recalculated the surrogate value for scrap using World
Trade Atlas data for HTS number 6310.90.90.\12\
---------------------------------------------------------------------------
\12\ See Yama's Analysis Memo.
---------------------------------------------------------------------------
4. Pursuant to a recent decision by the U.S. Court of Appeals for
the Federal Circuit, we have calculated a revised hourly wage rate to
use in valuing Yama's reported labor input by averaging earnings and/or
wages in countries that are economically comparable to the PRC and that
are significant producers of comparable merchandise.\13\
---------------------------------------------------------------------------
\13\ See Issues and Decision Memorandum at Comment 8.
---------------------------------------------------------------------------
5. For the final determination, we have included a new exclusion
(i.e., exclusion 13) in the scope of investigation. See ``Scope of
Investigation'' section, below.
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 eight 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 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
narrow woven ribbon(s) included in the kit does not exceed 48 linear
inches,
[[Page 41810]]
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 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 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 narrow woven ribbons that the
Department modify the scope of the investigation to exclude narrow
woven ribbons 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.\14\
---------------------------------------------------------------------------
\14\ See ``the Scope of Investigation'' section, above.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by Yama for use in our final determination. We
used standard verification procedures including examination of relevant
accounting and production records, and original source documents
provided by the respondent.\15\
---------------------------------------------------------------------------
\15\ See April 13, 2010 Memorandum to the File from Karine
Gziryan and Zhulieta Willbrand, International Trade Compliance
Specialists, AD/CVD Operations, Office 4, ``Verification of the
Sales and Factors Responses of Yama Ribbons and Bows Co., Ltd. in
the Antidumping Investigation of Narrow Woven Ribbons with Woven
Selvedge from the People's Republic of China'' at 34 and Exhibit 22.
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Determination, we stated that we selected India
as the appropriate surrogate country to use in this investigation for
the following reasons: (1) It is a significant producer of comparable
merchandise; (2) it is at a similar level of economic development
pursuant to section 773(c)(4) of the Act; and (3) we have reliable data
from India that we can use to value the FOPs.\16\ We received no
comments on this issue after the Preliminary Determination, and we have
made no changes to our findings with respect to the selection of a
surrogate country for the final determination.
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\16\ See Preliminary Determination.
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Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an investigation in an NME country this single rate unless an exporter
can demonstrate that it is sufficiently independent so as to be
entitled to a separate rate.\17\
---------------------------------------------------------------------------
\17\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991), as amplified by Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the People's Republic of
China, 59 FR 22585 (May 2, 1994), and 19 CFR 351.107(d).
---------------------------------------------------------------------------
In the Preliminary Determination, we found that the following
companies demonstrated eligibility for separate-rate status: Beauty
Horn Investment Limited; Fujian Rongshu Industry Co., Ltd.; Guangzhou
Complacent Weaving Co., Ltd.; Ningbo MH Industry Co., Ltd.; Ningbo V.K.
Industry & Trading Co., Ltd.; Stribbons (Guangzhou) Ltd.; Sun Rich
(Asia) Limited; Tianjin Sun Ribbon Co., Ltd.; Weifang Dongfang Ribbon
Weaving Co., Ltd.; Weifang Yu Yuan Textile Co., Ltd.; Xiamen Yi He
Textile Co., Ltd; and Bestpak (collectively, the ``Separate Rate
Applicants''). Since the publication of the Preliminary Determination,
no party has commented on the eligibility of the Separate Rate
Applicants for separate-rate status. For the final determination, we
continue to find that the evidence placed on the record of this
investigation by the Separate Rate Applicants demonstrates both de jure
and de facto absence of government control with respect to each
company's respective exports of the merchandise under investigation.
Thus, we continue to find that the Separate Rate Applicants are
eligible for separate-rate status.
Normally the separate rate is determined based on the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding zero and de minimis
margins or margins based entirely on adverse facts available
(``AFA'').\18\ In this case, because there are no rates other than de
minimis or those based on AFA, we have determined to take a simple
average of the AFA rate assigned to the PRC-wide entity and the de
minimis rate calculated for Yama as a reasonable method for purposes of
determining the rate assigned to the Separate Rate Applicants.\19\ We
note that this methodology is consistent with the Department's past
practice.\20\
---------------------------------------------------------------------------
\18\ See section 735(c)(5)(A) of the Act.
\19\ See section 735(c)(5)(B) of the Act.
\20\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination; Light-
Walled Rectangular Pipe and Tube From the Republic of Korea, 73 FR
5794, 5800 (January 31, 2008), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Light-Walled
Rectangular Pipe and Tube from the Republic of Korea, 73 FR 35655
(June 24, 2008); see also ``Corroboration'' section below.
---------------------------------------------------------------------------
The PRC-Wide Rate
In the Preliminary Determination, we found that certain PRC
exporters/producers did not demonstrate that they operate free of
government control over their export activities and did not respond to
the Department's request for information.\21\ Thus, we treated these
PRC exporters/producers as part of the PRC-wide entity and found that
the PRC-wide entity did not respond to our requests for
information.\22\ No additional information was placed on the record
with respect to any of these companies after the Preliminary
Determination. Additionally, in the Preliminary Determination, we
determined that because Ningbo Jintian Import & Export Co., Ltd.
(``Ningbo Jintian'') (i.e., a mandatory respondent) failed to submit
responses to the Department's questionnaires, the Department has no
basis upon which to grant Ningbo Jintian a separate rate. Accordingly,
in the Preliminary Determination, we determined to treat Ningbo Jintian
as part of the PRC-wide entity.\23\ We received no comments on this
determination.
---------------------------------------------------------------------------
\21\ See Preliminary Determination, 75 FR at 7250.
\22\ See id.
\23\ See id.
---------------------------------------------------------------------------
Section 776(a)(2) of the Act provides that, if an interested party
(A) Withholds information requested by the Department, (B) fails to
provide such information by the deadline, or in the form or manner
requested, (C)
[[Page 41811]]
significantly impedes a proceeding, or (D) provides information that
cannot be verified, the Department shall use, subject to section 782(d)
of the Act, facts otherwise available in reaching the applicable
determination. Since the PRC-wide entity did not provide the Department
with requested information, pursuant to section 776(a)(2)(A) of the
Act, we continue to find it appropriate to base the PRC-wide rate on
facts available. Therefore, pursuant to section 776(a)(2)(A) of the
Act, the Department continues to find that the use of facts available
is appropriate to determine the PRC-wide rate.
Section 776(b) of the Act provides that, in selecting from among
the facts otherwise available, the Department may employ an adverse
inference if an interested party fails to cooperate by not acting to
the best of its ability to comply with requests for information.\24\ We
determine that, because the PRC-wide entity did not respond to our
requests for information, the PRC-wide entity has failed to cooperate
to the best of its ability. Therefore, the Department finds that, in
selecting from among the facts otherwise available, an adverse
inference is appropriate for the PRC-wide entity.
---------------------------------------------------------------------------
\24\ See Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Notice of Rescission
in Part and Intent to Rescind in Part, 72 FR 14078, 14079 (March 26,
2007), unchanged in Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, from the People's Republic of China: Final
Results of 2005-2006 Administrative Review and Partial Rescission of
Review, 72 FR 56724 (October 4, 2007) and Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished, From the People's
Republic of China: Amended Final Results of 2005-2006 Administrative
Review, 72 FR 70302 (December 11, 2007). See also Statement of
Administrative Action accompanying the Uruguay Round Agreements Act
(``SAA''), H.R. Doc. No. 103-316, Vol. 1 (1994), at 870.
---------------------------------------------------------------------------
Because we begin with the presumption that all companies within an
NME country are subject to government control, and because only
Separate Rate Applicants have overcome that presumption, we are
applying a single antidumping rate (i.e., the PRC-wide entity rate) to
all other exporters of subject merchandise from the PRC. Such companies
did not demonstrate entitlement to a separate rate.\25\ The PRC-wide
entity rate applies to all entries of subject merchandise except for
entries from Yama and the Separate Rate Applicants.
---------------------------------------------------------------------------
\25\ See, e.g., Synthetic Indigo From the People's Republic of
China; Notice of Final Determination of Sales at Less Than Fair
Value, 65 FR 25706 (May 3, 2000).
---------------------------------------------------------------------------
Corroboration
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation as facts available, it must, to the extent
practicable, corroborate that information from independent sources
reasonably at its disposal. Secondary information is described as
``information derived from the petition that gave rise to the
investigation or review, the final determination concerning merchandise
subject to this investigation, or any previous review under section 751
concerning the merchandise subject to this investigation.'' \26\ To
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value. Independent
sources used to corroborate may include, for example, published price
lists, official import statistics and customs data, and information
obtained from interested parties during the particular investigation.
To corroborate secondary information, the Department will, to the
extent practicable, examine the reliability and relevance of the
information used.\27\
---------------------------------------------------------------------------
\26\ See Final Determination of Sales at Less Than Fair Value:
Sodium Hexametaphosphate From the People's Republic of China, 73 FR
6479, 6481 (February 4, 2008), quoting SAA at 870.
\27\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter, and Components
Thereof, From Japan; Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997).
---------------------------------------------------------------------------
The AFA rate that the Department used is drawn from the petition,
as adjusted to reflect the CAFC's decision in Dorbest. See Issues and
Decision Memorandum at Comment 1. Petitioner's methodology for
calculating the United States price and normal value (``NV'') in the
petition is discussed in the Initiation Notice.\28\ In the Preliminary
Determination, we assigned to the PRC-wide entity the margin alleged in
the petition, i.e., 247.65 percent.\29\ For the final determination, we
have continued to assign to the PRC-wide entity the rate of 247.65
percent. To corroborate the AFA margin that we have selected, we
compared it to the model-specific margins we found for the
participating mandatory respondent, Yama. We found that the margin of
247.65 percent has probative value because it is in the range of Yama's
model-specific margins.\30\ Accordingly, we find that the rate of
247.65 percent is corroborated within the meaning of section 776(c) of
the Act.\31\
---------------------------------------------------------------------------
\28\ See Narrow Woven Ribbons with Woven Selvedge from the
People's Republic of China and Taiwan: Initiation of Antidumping
Duty Investigations, 74 FR 39291 (August 6, 2009) (``Initiation
Notice'')
\29\ See Preliminary Determination, 75 FR at 7251.
\30\ See Yama's Analysis Memo.
\31\ See Issues and Decision Memorandum at Comment 12; see also
July 12, 2010 Memorandum to the File from Karine Gziryan,
International Trade Analyst, AD/CVD Operations, Office 4,
``Antidumping Investigation of Narrow Woven Ribbons with Woven
Selvedge from the People's Republic of China: Proprietary Memorandum
regarding Corroboration''.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for respondents that are eligible for a
separate rate in this investigation.\32\ This practice is described in
Policy Bulletin 05.1, available at https://ia.ita.doc.gov/.
---------------------------------------------------------------------------
\32\ See Initiation Notice, 74 FR at 39297.
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the Department will
now assign in its NME investigations will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation. (Emphasis in original).
Final Determination Margins
The Department determines that the following dumping margins exist
for the period January 1, 2009, through June 30, 2009:
[[Page 41812]]
------------------------------------------------------------------------
Weighted-average
Exporter Producer percent margin
------------------------------------------------------------------------
Yama Ribbons and Bows Co., Ltd.. Yama Ribbons and 0
Bows Co., Ltd.
Beauty Horn Investment Limited.. Tianjin Sun Ribbon 123.83
Co., Ltd.
Fujian Rongshu Industry Co., Ltd Fujian Rongshu 123.83
Industry Co., Ltd.
Guangzhou Complacent Weaving Guangzhou 123.83
Co., Ltd Complacent Weaving
Co., Ltd
Ningbo MH Industry Co., Ltd..... Hangzhou City 123.83
Linghu Jiacheng
Silk Ribbon Co.,
Ltd
Ningbo V.K. Industry & Trading Ningbo Yinzhou 123.83
Co., Ltd Jinfeng Knitting
Factory
Stribbons (Guangzhou) Ltd....... Stribbons 123.83
(Guangzhou) Ltd.
Stribbons (Guangzhou) Ltd....... Stribbons (Nanyang) 123.83
MNC Ltd.
Sun Rich (Asia) Limited......... Dongguan Yi Sheng 123.83
Decoration Co.,
Ltd
Tianjin Sun Ribbon Co., Ltd..... Tianjin Sun Ribbon 123.83
Co., Ltd.
Weifang Dongfang Ribbon Weaving Weifang Dongfang 123.83
Co., Ltd Ribbon Weaving
Co., Ltd
Weifang Yu Yuan Textile Co., Ltd Weifang Yu Yuan 123.83
Textile Co., Ltd.
Xiamen Yi He Textile Co., Ltd... Xiamen Yi He 123.83
Textile Co., Ltd.
Yangzhou Bestpak Gifts & Crafts Yangzhou Bestpak 123.83
Co., Ltd Gifts & Crafts
Co., Ltd
PRC-wide Entity*................ ................... 247.65
------------------------------------------------------------------------
* (Including Ningbo Jintian Import & Export Co., Ltd.).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all entries of narrow woven ribbons from the
PRC, as described in the ``Scope of Investigation'' section, above,
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. The Department will instruct CBP
to require a cash deposit or the posting of a bond equal to the
weighted-average dumping margin amount by which the NV exceeds U.S.
price, as follows: (1) The rate for the exporter/producer combinations
listed in the chart above will be the rate the Department has
determined in this final determination; (2) for all PRC exporters of
subject merchandise which have not received their own rate, the cash-
deposit rate will be the PRC-wide entity rate; and (3) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash-deposit rate will be the rate applicable to the PRC
exporter/producer combination that supplied that non-PRC exporter.
Additionally, as the Department has determined in its companion
countervailing duty (``CVD'') final determination of narrow woven
ribbons from the PRC (dated concurrently with this notice) that the
product under investigation, exported and produced by Yama, benefitted
from an export subsidy, we will instruct CBP to require an antidumping
cash deposit or posting of a bond equal to the weighted-average amount
by which the NV exceeds the export price, as indicated above, minus the
amount determined to constitute an export subsidy. See, e.g., Notice of
Final Determination of Sales at Less Than Fair Value: Carbazole Violet
Pigment 23 From India, 69 FR 67306, 67307 (November 17, 2004).
Therefore, for the separate rate respondents, we will instruct CBP to
require an antidumping duty cash deposit or the posting of a bond for
each entry equal to the weighted-average margin indicated above
adjusted for the export subsidy rate determined in the CVD final
determination (i.e., International Market Development Fund Grants for
Small and Medium Enterprises). The adjusted cash deposit rate for the
separate rate respondents (as listed above in the ``Final Determination
Margins'' section, above) is 123.44 percent. These suspension-of-
liquidation instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department
notified the U.S. International Trade Commission (``ITC'') of its final
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, within
45 days the ITC will determine whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports or sales (or the likelihood of sales) for
importation of the subject merchandise. If the ITC determines that
material injury or threat of material 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, upon further instruction by the Department, 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.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
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.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: July 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues for Final Determination
Comment 1: Whether the Department should recalculate the petition
margin with the preliminary surrogate value for labor
Comment 2: Whether to apply a scrap offset in deriving Yama's normal
value
Comment 3: Whether to set additional processing revenue to zero for
all sales and cap freight revenue
Comment 4: Whether to include freight expenses for the input Liquid
Petroleum Gas (``LPG'')
Comment 5: Whether to deduct Yama's bank charges from U.S. price
Comment 6: Whether to apply Adverse Facts Available for some of
Yama's sales
Comment 7: Whether to apply Facts Available to estimate commissions
on Yama's U.S. Sales
Comment 8: Whether the Department should revise its labor rate
calculation
Comment 9: Whether to assign Bestpak the calculated margin assigned
to Yama as its separate rate
Comment 10: Whether to select an additional
[[Page 41813]]
respondent
Comment 11: Whether to calculate Bestpak's separate rate using its
quantity and value information
Comment 12: Whether the AFA rate was sufficiently corroborated
[FR Doc. 2010-17568 Filed 7-16-10; 8:45 am]
BILLING CODE 3510-DS-P
