Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Countervailing Duty Order, 53642-53643 [2010-21978]

Download as PDF 53642 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Notices mission. The statutory program authority for the Commercial Service to conduct the International Buyer Program is 15 U.S.C. 4724. The Office of Management and Budget (OMB) has approved the information collection requirements of the application to this program (Form ITA– 4102P) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (OMB Control No. 0625–0151). Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. Dated: August 26, 2010. Blanche Ziv, Director, International Buyer Program, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce. [FR Doc. 2010–21838 Filed 8–31–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing a countervailing duty order on narrow woven ribbons with woven selvedge (‘‘narrow woven ribbons’’) from the People’s Republic of China (‘‘PRC’’). DATES: Effective Date: September 1, 2010. FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1279. hsrobinson on DSK69SOYB1PROD with NOTICES AGENCY: Background On July 19, 2010, the Department published its final determination in the countervailing duty investigation of narrow woven ribbons from the PRC. See Narrow Woven Ribbons With Woven VerDate Mar<15>2010 18:24 Aug 31, 2010 Jkt 220001 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 order include all narrow woven fabrics, tapes, and labels that fall within this written description of the scope of this order. Excluded from the scope of the order Scope of the Order are the following: (1) Formed bows composed of narrow The merchandise subject to the order woven ribbons with woven selvedge; is narrow woven ribbons with woven (2) ‘‘Pull-bows’’ (i.e., an assemblage of selvedge, in any length, but with a ribbons connected to one another, width (measured at the narrowest span folded flat and equipped with a means of the ribbon) less than or equal to 12 to form such ribbons into the shape of centimeters, composed of, in whole or a bow by pulling on a length of material in part, man-made fibers (whether affixed to such assemblage) composed of artificial or synthetic, including but not narrow woven ribbons; limited to nylon, polyester, rayon, polypropylene, and polyethylene (3) Narrow woven ribbons comprised teraphthalate), metal threads and/or at least 20 percent by weight of metalized yarns, or any combination elastomeric yarn (i.e., filament yarn, thereof. Narrow woven ribbons subject including monofilament, of synthetic to the order may: textile material, other than textured • Also include natural or other nonyarn, which does not break on being man-made fibers; extended to three times its original • Be of any color, style, pattern, or length and which returns, after being weave construction, including but not extended to twice its original length, limited to single-faced satin, doublewithin a period of five minutes, to a faced satin, grosgrain, sheer, taffeta, length not greater than one and a half twill, jacquard, or a combination of two times its original length as defined in or more colors, styles, patterns, and/or the Harmonized Tariff Schedule of the weave constructions; United States (‘‘HTSUS’’), Section XI, • Have been subjected to, or Note 13) or rubber thread; composed of materials that have been (4) Narrow woven ribbons of a kind subjected to, various treatments, used for the manufacture of typewriter including but not limited to dyeing, or printer ribbons; printing, foil stamping, embossing, (5) Narrow woven labels and apparel flocking, coating, and/or sizing; tapes, cut-to-length or cut-to-shape, • Have embellishments, including but having a length (when measured across ´ not limited to applique, fringes, the longest edge-to-edge span) not embroidery, buttons, glitter, sequins, exceeding eight centimeters; laminates, and/or adhesive backing; (6) Narrow woven ribbons with • Have wire and/or monofilament in, woven selvedge attached to and forming on, or along the longitudinal edges of the handle of a gift bag; the ribbon; (7) Cut-edge narrow woven ribbons • Have ends of any shape or dimension, including but not limited to formed by cutting broad woven fabric into strips of ribbon, with or without straight ends that are perpendicular to treatments to prevent the longitudinal the longitudinal edges of the ribbon, edges of the ribbon from fraying (such tapered ends, flared ends or shaped as by merrowing, lamination, sonoends, and the ends of such woven bonding, fusing, gumming or waxing), ribbons may or may not be hemmed; and with or without wire running • Have longitudinal edges that are lengthwise along the longitudinal edges straight or of any shape, and the of the ribbon; longitudinal edges of such woven Selvedge From the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 41801 (July 19, 2010). On August 25, 2010, the ITC notified the Department of its final determination pursuant to sections 705(d) and 705(b)(1)(A)(ii) of the Tariff Act of 1930, as amended (‘‘the Act’’), that an industry in the United States is threatened with material injury by reason of subsidized imports of subject merchandise from the PRC. See Narrow Woven Ribbons With Woven Selvedge from China, USITC Pub. 4180, Investigation Nos. 701–TA–467 and 731–TA–1164–1165 (Final) (August 2010). Pursuant to section 706(a) of the Act, the Department is publishing a countervailing duty order on the subject merchandise. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1 53643 hsrobinson on DSK69SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Notices (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, 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 order 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 the order is dispositive. VerDate Mar<15>2010 18:24 Aug 31, 2010 Jkt 220001 Countervailing Duty Order According to section 706(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination if that determination is based upon the threat of material injury. Section 706(b)(1) of the Act states, ‘‘If the Commission, in its final determination under section 705(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 703(d)(2), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation of which has been suspended under section 703(d)(2), shall be subject to the imposition of countervailing duties under section 701(a).’’ In addition, section 706(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated countervailing duties posted since the Department’s preliminary countervailing duty determination, if the ITC’s final determination is threatbased. Because the ITC’s final determination in this case is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department’s Preliminary Determination 1 was published in the Federal Register, section 706(b)(2) of the Act is applicable. As a result of the ITC’s determination, and in accordance with section 706(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, countervailing duties equal to the amount of the net countervailable subsidy for all relevant entries of narrow woven ribbons from the PRC. In accordance with section 706 of the Act, the Department will direct CBP to reinstitute suspension of liquidation 2 effective on the date of publication of the ITC’s notice of final determination in the Federal Register, and to require a cash deposit for each entry of subject 1 Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 74 FR 66090 (December 14, 2009). 2 The Department instructed CBP to discontinue the suspension of liquidation on April 13, 2010, in accordance with section 703(d) of the Act. Section 703(d) states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 merchandise in an amount equal to the net countervailable subsidy rates noted below. Exporter/manufacturer Net subsidy rate Yama Ribbons and Bows Co., Ltd ......................................... Changtai Rongshu Textile Co., Ltd ......................................... All Others .................................. 1.56 117.95 1.56 Termination of the Suspension of Liquidation The Department will also instruct CBP to terminate the suspension of liquidation for entries of narrow woven ribbons from the PRC entered, or withdrawn from warehouse, for consumption prior to the publication of the ITC’s notice of final determination, and refund any cash deposits made and release any bonds posted between December 14, 2009 (i.e., the date of publication of the Department’s Preliminary Determination) and the date of publication of the ITC’s final determination in the Federal Register. This notice constitutes the countervailing duty order with respect to narrow woven ribbons from the PRC, pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the main Commerce Building, for copies of an updated list of countervailing duty orders currently in effect. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: August 30, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–21978 Filed 8–31–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO–P–2010–0055] Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v.Teleflex United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under SUMMARY: E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Pages 53642-53643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21978]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-953]


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

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
narrow woven ribbons with woven selvedge (``narrow woven ribbons'') 
from the People's Republic of China (``PRC'').

DATES: Effective Date: September 1, 2010.

FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1279.

Background

    On July 19, 2010, the Department published its final determination 
in the countervailing duty investigation of narrow woven ribbons from 
the PRC. See Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Final Affirmative Countervailing Duty Determination, 
75 FR 41801 (July 19, 2010).
    On August 25, 2010, the ITC notified the Department of its final 
determination pursuant to sections 705(d) and 705(b)(1)(A)(ii) of the 
Tariff Act of 1930, as amended (``the Act''), that an industry in the 
United States is threatened with material injury by reason of 
subsidized imports of subject merchandise from the PRC. See Narrow 
Woven Ribbons With Woven Selvedge from China, USITC Pub. 4180, 
Investigation Nos. 701-TA-467 and 731-TA-1164-1165 (Final) (August 
2010). Pursuant to section 706(a) of the Act, the Department is 
publishing a countervailing duty order on the subject merchandise.

Scope of the Order

    The merchandise subject to the order 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 order 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 order include all narrow woven 
fabrics, tapes, and labels that fall within this written description of 
the scope of this order.
    Excluded from the scope of the order 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;

[[Page 53643]]

    (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, 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 order 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 the order is dispositive.

Countervailing Duty Order

    According to section 706(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based upon the threat of 
material injury. Section 706(b)(1) of the Act states, ``If the 
Commission, in its final determination under section 705(b), finds 
material injury or threat of material injury which, but for the 
suspension of liquidation under section 703(d)(2), would have led to a 
finding of material injury, then entries of the merchandise subject to 
the countervailing duty order, the liquidation of which has been 
suspended under section 703(d)(2), shall be subject to the imposition 
of countervailing duties under section 701(a).'' In addition, section 
706(b)(2) of the Act requires CBP to refund any cash deposits or bonds 
of estimated countervailing duties posted since the Department's 
preliminary countervailing duty determination, if the ITC's final 
determination is threat-based. Because the ITC's final determination in 
this case is based on the threat of material injury and is not 
accompanied by a finding that injury would have resulted but for the 
imposition of suspension of liquidation of entries since the 
Department's Preliminary Determination \1\ was published in the Federal 
Register, section 706(b)(2) of the Act is applicable.
---------------------------------------------------------------------------

    \1\ Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination With Final Antidumping Duty Determination, 74 FR 66090 
(December 14, 2009).
---------------------------------------------------------------------------

    As a result of the ITC's determination, and in accordance with 
section 706(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, countervailing duties equal to the amount of the net 
countervailable subsidy for all relevant entries of narrow woven 
ribbons from the PRC. In accordance with section 706 of the Act, the 
Department will direct CBP to reinstitute suspension of liquidation \2\ 
effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, and to require a cash deposit 
for each entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates noted below.
---------------------------------------------------------------------------

    \2\ The Department instructed CBP to discontinue the suspension 
of liquidation on April 13, 2010, in accordance with section 703(d) 
of the Act. Section 703(d) states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months.

------------------------------------------------------------------------
                                                             Net subsidy
                   Exporter/manufacturer                         rate
------------------------------------------------------------------------
Yama Ribbons and Bows Co., Ltd.............................         1.56
Changtai Rongshu Textile Co., Ltd..........................       117.95
All Others.................................................         1.56
------------------------------------------------------------------------

Termination of the Suspension of Liquidation

    The Department will also instruct CBP to terminate the suspension 
of liquidation for entries of narrow woven ribbons from the PRC 
entered, or withdrawn from warehouse, for consumption prior to the 
publication of the ITC's notice of final determination, and refund any 
cash deposits made and release any bonds posted between December 14, 
2009 (i.e., the date of publication of the Department's Preliminary 
Determination) and the date of publication of the ITC's final 
determination in the Federal Register.
    This notice constitutes the countervailing duty order with respect 
to narrow woven ribbons from the PRC, pursuant to section 706(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room 1117 of the main Commerce Building, for copies of an updated 
list of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: August 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-21978 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-DS-P
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