Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 32938-32941 [2012-13476]
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32938
Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Notices
Department. Executive summaries
should be limited to five pages total,
including footnotes.
In accordance with 19 CFR
351.310(c), we will hold a public
hearing, if requested, to afford interested
parties an opportunity to comment on
this preliminary determination.
Individuals who wish to request a
hearing must submit a request within 30
days of the publication of this notice in
the Federal Register to the Assistant
Secretary for Import Administration,
U.S. Department of Commerce. Parties
will be notified of the schedule for the
hearing, and parties should confirm the
time, date, and place of the hearing 48
hours before the scheduled time.
Requests for a public hearing should
contain: (1) Party’s name, address, and
telephone number; (2) the number of
participants; and (3) to the extent
practicable, an identification of the
arguments to be raised at the hearing.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: May 29, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–13474 Filed 6–1–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–844]
Narrow Woven Ribbons With Woven
Selvedge From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the first
administrative review of the
antidumping duty order on narrow
woven ribbons with woven selvedge
(narrow woven ribbons) from Taiwan.
The sole mandatory respondent in this
administrative review, Hubschercorp,
did not respond to the Department’s
questionnaire. As a result, we have
preliminarily assigned Hubschercorp a
margin based on adverse facts available
(AFA). The period of review (POR) is
September 1, 2010, through August 31,
2011.
If the preliminary results are adopted
in our final results of administrative
review, we will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
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AGENCY:
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entries. Interested parties are invited to
comment on the preliminary results.
DATES: Effective Date: June 4, 2012.
FOR FURTHER INFORMATION CONTACT:
Holly Phelps, AD/CVD Operations,
Office 2, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0656.
SUPPLEMENTARY INFORMATION:
Background
In September 2010, the Department
published in the Federal Register an
antidumping duty order on narrow
woven ribbons from Taiwan.1 On
September 2, 2011, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on narrow
woven ribbons from Taiwan for the
period September 1, 2010, through
August 31, 2011.2 In response to a
timely request from the petitioner,
Berwick Offray LLC and its whollyowned subsidiary Lion Ribbon
Company, Inc., pursuant to 19 CFR
351.213(b)(1), the Department initiated
an administrative review for the
following ten companies: (1) Apex
Ribbon; (2) Apex Trimmings; (3)
FinerRibbon.com; (4) Hubschercorp; (5)
Intercontinental Skyline; (6) Multicolor
Inc.; (7) Pacific Imports; (8) Papillon
Ribbon & Bow (Canada); (9) Shienq
Huong Enterprise Co., Ltd./Hsien Chan
Enterprise Co., Ltd./Novelty Handicrafts
Co., Ltd.; and (10) Supreme Laces, Inc.3
In November 2011 and January 2012,
we requested that each company named
in the Initiation Notice provide data on
the quantity and value (Q&V) of its
exports of subject merchandise to the
United States during the POR. We
received responses to the Q&V
questionnaires during the period
November 2011 through January 2012.
On January 30, 2012, the petitioner
withdrew its request for an
1 See Narrow Woven Ribbons with Woven
Selvedge from Taiwan and the People’s Republic of
China: Antidumping Duty Orders, 75 FR 53632
(Sept. 1, 2010), as amended in Narrow Woven
Ribbons With Woven Selvedge From Taiwan and
the People’s Republic of China: Amended
Antidumping Duty Orders, 75 FR 56982 (Sept. 17,
2010).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 76 FR 54735,
54736 (Sept. 2, 2011).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 76 FR 67133, 67138
(Oct. 31, 2011); and Correction to Initiation of 2010–
2011 Antidumping Duty Administrative Review:
Narrow Woven Ribbons With Woven Selvedge From
Taiwan, 77 FR 82 (Jan. 3, 2012) (Initiation Notice).
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administrative review for all companies
named in the Initiation Notice except
Hubschercorp. On this same date, we
issued the antidumping duty
questionnaire to Hubschercorp.
On February 17, 2012, we rescinded
the review with respect to the following
companies: (1) Apex Ribbon; (2) Apex
Trimmings; (3) FinerRibbon.com; (4)
Intercontinental Skyline; (5) Multicolor
Inc.; (6) Pacific Imports; (7) Papillon
Ribbon & Bow (Canada); (8) Shienq
Huong Enterprise Co., Ltd./Hsien Chan
Enterprise Co., Ltd./Novelty Handicrafts
Co., Ltd.; and (9) Supreme Laces, Inc.4
Also on February 17, 2012,
Hubschercorp contacted the Department
to inform us that it was having difficulty
in responding to the Department’s
questionnaire and that it may not be
able to participate in this review. On
February 21, 2012 (i.e., the due date for
the first portion of the questionnaire
response), we followed up with
Hubschercorp to determine whether the
company intended to participate in the
administrative review. On February 24,
2012, Hubschercorp informed the
Department that it did not intend to
respond to the questionnaire or
participate in the administrative
review.5 Therefore, in accordance with
section 776(a)(2)(A), (B) and (C) of the
Tariff Act of 1930, as amended (the Act),
for these preliminary results, the
Department has applied facts otherwise
available with an adverse inference
when determining Hubschercorp’s rate.
See the section ‘‘Use of Facts Otherwise
Available and AFA,’’ below, for further
discussion.
Scope of the Order
The scope of this order covers 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, manmade 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:
4 See Narrow Woven Ribbons With Woven
Selvedge From Taiwan: Rescission, in Part, of
Antidumping Duty Administrative Review, 77 FR
9624 (Feb. 17, 2012).
5 See the February 27, 2012, Memorandum to the
File From Elizabeth Eastwood, Senior Analyst, and
Holly Phelps, Analyst, entitled, ‘‘Phone
Conversation With Hubschercorp Regarding the
2010–2011 Antidumping Duty Administrative
Review of Narrow Woven Ribbons with Woven
Selvedge from Taiwan’’ (Hubschercorp Memo), for
further discussion of our correspondence with
Hubschercorp.
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• 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
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
order include all narrow woven fabrics,
tapes, and labels that fall within this
written description of the scope of this
antidumping duty 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
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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, 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,
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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 covered by this order is
dispositive.
Use of Facts Otherwise Available and
AFA
Section 776(a) of the Act provides that
the Department shall apply ‘‘facts
otherwise available’’ if: (1) Necessary
information is not on the record; or (2)
an interested party or any other person
(A) withholds information that has been
requested, (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a
proceeding, or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying the
facts otherwise available when a party
has failed to cooperate by not acting to
the best of its ability to comply with a
request for information. Such an adverse
inference may include reliance on
information derived from the petition,
the final determination, a previous
administrative review, or other
information placed on the record.
As noted in the ‘‘Background’’
section, above, Hubschercorp did not
respond to the Department’s
questionnaire in this administrative
review and informed the Department
that it did not intend to participate in
this review. See Hubschercorp Memo.
As a result, Hubschercorp did not
provide requested information that is
necessary for the Department to
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calculate an antidumping duty rate for
the company in this administrative
review. Therefore, in reaching these
preliminary results, pursuant to section
776(a) of the Act, the Department has
based Hubschercorp’s antidumping duty
rate on facts otherwise available on the
record.
By only responding to the
Department’s Q&V questionnaire and
failing to respond to the Department’s
antidumping questionnaire,
Hubschercorp withheld requested
information and significantly impeded
this proceeding. Thus, pursuant to
section 776(a)(2)(A) and (C) of the Act,
the Department preliminarily finds that
the use of total facts available is
appropriate.
According to section 776(b) of the
Act, if the Department finds that an
interested party fails to cooperate by not
acting to the best of its ability to comply
with requests for information, the
Department may use an inference that is
adverse to the interests of that party in
selecting from the facts otherwise
available. See Notice of Final Results of
Antidumping Duty Administrative
Review: Stainless Steel Bar From India,
70 FR 54023, 54025–26 (Sept. 13, 2005);
Notice of Final Determination of Sales
at Less Than Fair Value and Final
Negative Critical Circumstances: Carbon
and Certain Alloy Steel Wire Rod From
Brazil, 67 FR 55792, 55794–96 (Aug. 30,
2002). Adverse inferences are
appropriate ‘‘to ensure that the party
does not obtain a more favorable result
by failing to cooperate than if it had
cooperated fully.’’ See Statement of
Administrative Action accompanying
the Uruguay Round Agreements Act,
H.R. Rep. No. 103–316, Vol. 1, at 870
(1994) (SAA), reprinted in 1994
U.S.C.C.A.N. 4040, 4198–99.
Furthermore, ‘‘affirmative evidence of
bad faith on the part of a respondent is
not required before the Department may
make an adverse inference.’’ See
Antidumping Duties; Countervailing
Duties; Final rule, 62 FR 27296, 27340
(May 19, 1997); see also Nippon Steel
Corp. v. United States, 337 F.3d 1373,
1382–83 (Fed. Cir. 2003) (Nippon). We
preliminarily find that Hubschercorp
did not act to the best of its ability in
this administrative review, within the
meaning of section 776(b) of the Act,
because it failed to respond to the
Department’s requests for information
and provide timely information.
Therefore, an adverse inference is
warranted in selecting from the facts
otherwise available with respect to this
company. See Nippon, 337 F.3d at
1382–83.
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Selection of the AFA Rate
Section 776(b) of the Act provides
that the Department may use as AFA
information derived from: (1) The
petition; (2) the final determination in
the investigation; (3) any previous
review; or (4) any other information
placed on the record.
The Department’s practice, when
selecting an AFA rate from among the
possible sources of information, has
been to select the highest rate on the
record of the proceeding and to ensure
that the margin is sufficiently adverse
‘‘as to effectuate the statutory purposes
of the adverse facts available rule to
induce respondents to provide the
Department with complete and accurate
information in a timely manner.’’ See,
e.g., Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results and
Rescission of Antidumping Duty
Administrative Review in Part, 71 FR
65082, 65084 (Nov. 7, 2006).
As a result, we have preliminarily
assigned to Hubschercorp a rate of
137.20 percent, which is the highest rate
alleged in the petition, as noted in the
initiation of the less-than-fair-value
(LTFV) investigation. See Narrow
Woven Ribbons With Woven Selvedge
From the People’s Republic of China
and Taiwan: Initiation of Antidumping
Duty Investigations, 74 FR 39291 (Aug.
6, 2009) (LTFV Initiation).
Corroboration of Secondary
Information
Information from prior segments of
the proceeding constitutes secondary
information and section 776(c) of the
Act provides that the Department shall,
to the extent practicable, corroborate
that secondary information from
independent sources reasonably at its
disposal. The Department’s regulations
provide that ‘‘corroborate’’ means that
the Department will satisfy itself that
the secondary information to be used
has probative value. See 19 CFR
351.308(d); see also SAA at 870. To be
considered corroborated, the
Department must find the secondary
information is both reliable and
relevant.6
6 See, e.g., SAA at 870; 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 (Nov. 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
(Mar. 13, 1997).
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To determine whether the information
is reliable, we reviewed the adequacy
and accuracy of the information in the
petition during our pre-initiation
analysis and for purposes of these
preliminary results. See LTFV Initiation
at 39294–39295. We examined evidence
supporting the calculations in the
petition to determine the probative
value of the margins alleged in the
petition for use as AFA for purposes of
these preliminary results. Based on our
examination of the information, as
discussed in detail in LTFV Initiation,
we consider the petitioner’s calculation
of the export price and normal value to
be reliable. Therefore, because we
confirmed the accuracy and validity of
the information underlying the
calculation of margins in the petition by
examining source documents as well as
publicly available information, we
preliminarily determine that the
margins in the petition are reliable for
the purposes of this administrative
review.
To determine the relevance of the
petition margin, we compared it to the
model-specific rates calculated for the
respondents in the LTFV investigation.
We find that this margin is relevant
because this is the first review under
this order (i.e., only one segment
removed from the LTFV investigation),
and the petition rate fell within the
range of model-specific margins
calculated for two of the three
mandatory respondents in the LTFV
investigation. See e.g., Certain Frozen
Warmwater Shrimp From Thailand:
Preliminary Results and Preliminary
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 12088,
12092 (Mar. 6, 2008), unchanged in
Certain Frozen Warmwater Shrimp
From Thailand: Final Results and Final
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 50933
(Aug. 29, 2008). See also the
Memorandum to the File from Holly
Phelps, Analyst, entitled, ‘‘Placement of
Proprietary Model-Specific Margins
from the Less-Than-Fair-Value
Investigation on the Record and
Corroboration of Adverse Facts
Available Rate for the Preliminary
Results in the 2010–2011 Antidumping
Duty Administrative Review of Narrow
Woven Ribbons with Woven Selvedge
from Taiwan,’’ dated May 29, 2012
(Corroboration Memo). Therefore, we
have determined that the 137.20 percent
margin is appropriate as AFA and are
assigning it to Hubschercorp.
Further, the Department will consider
information reasonably at its disposal as
to whether there are circumstances that
would render a margin inappropriate.
Where circumstances indicate that the
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selected margin is not appropriate as
AFA, the Department may disregard the
margin and determine an appropriate
margin. See, e.g., Fresh Cut Flowers
from Mexico; Final Results of
Antidumping Duty Administrative
Review, 61 FR 6812, 6814 (Feb. 22,
1996) (where the Department
disregarded the highest calculated
margin as AFA because the margin was
based on a company’s uncharacteristic
business expense resulting in an
unusually high margin). Therefore, we
examined whether any information on
the record would discredit the selected
rate as reasonable facts available. We
were unable to find any information that
would discredit the selected AFA rate.
Based on the above, for these
preliminary results, the Department
finds the highest rate derived from the
petition (i.e., 137.20 percent) is
therefore corroborated to the extent
practicable. Thus, we have assigned
Hubschercorp this rate as AFA in this
administrative review. For further
discussion of the corroboration of this
rate, see the Corroboration Memo.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period September
1, 2010, through August 31, 2011:
Percent
margin
Manufacturer/exporter
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Hubschercorp .................................
137.20
Disclosure and Public Hearing
The Department will disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.
See 19 CFR 351.224(b). Pursuant to 19
CFR 351.309(c), interested parties may
submit cases briefs not later than the
later of 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs. See 19 CFR 351.309(d). Parties
who submit case briefs or rebuttal briefs
in this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. See 19 CFR
351.309(c)(2) and (d)(2).
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, filed
electronically using Import
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Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
An electronically filed document must
be received successfully in its entirety
by the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. The Department will issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries, in accordance with 19 CFR
351.212(b)(1). The Department will
issue appropriate appraisement
instructions for the companies subject to
this review directly to CBP 15 days after
the date of publication of the final
results of this review.
For Hubschercorp’s U.S. sales, we
will base the assessment rate assigned to
the corresponding entries on AFA,
determined as noted above.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable. See
section 751(a)(2)(C) of the Act.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Hubschercorp
will be that established in the final
results of this review; (2) for previously
reviewed or investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, or the
original LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
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32941
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 4.37
percent, the all-others rate made
effective by the Notice of Final
Determination of Sales at Less than Fair
Value: Narrow Woven Ribbons with
Woven Selvedge from Taiwan, 75 FR
41804 (July 19, 2010). These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are published in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Dated: May 29, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–13476 Filed 6–1–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–813]
Certain Preserved Mushrooms From
India: Notice of Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson or Terre Keaton
Stefanova, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4929 or (202) 482–1280,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2012, the Department
of Commerce (the Department)
published in the Federal Register a
notice of ‘‘Opportunity to Request
E:\FR\FM\04JNN1.SGM
04JNN1
Agencies
[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 32938-32941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13476]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-844]
Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting the
first administrative review of the antidumping duty order on narrow
woven ribbons with woven selvedge (narrow woven ribbons) from Taiwan.
The sole mandatory respondent in this administrative review,
Hubschercorp, did not respond to the Department's questionnaire. As a
result, we have preliminarily assigned Hubschercorp a margin based on
adverse facts available (AFA). The period of review (POR) is September
1, 2010, through August 31, 2011.
If the preliminary results are adopted in our final results of
administrative review, we will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. Interested parties are invited to comment on the preliminary
results.
DATES: Effective Date: June 4, 2012.
FOR FURTHER INFORMATION CONTACT: Holly Phelps, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0656.
SUPPLEMENTARY INFORMATION:
Background
In September 2010, the Department published in the Federal Register
an antidumping duty order on narrow woven ribbons from Taiwan.\1\ On
September 2, 2011, the Department published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on narrow woven ribbons from Taiwan for the
period September 1, 2010, through August 31, 2011.\2\ In response to a
timely request from the petitioner, Berwick Offray LLC and its wholly-
owned subsidiary Lion Ribbon Company, Inc., pursuant to 19 CFR
351.213(b)(1), the Department initiated an administrative review for
the following ten companies: (1) Apex Ribbon; (2) Apex Trimmings; (3)
FinerRibbon.com; (4) Hubschercorp; (5) Intercontinental Skyline; (6)
Multicolor Inc.; (7) Pacific Imports; (8) Papillon Ribbon & Bow
(Canada); (9) Shienq Huong Enterprise Co., Ltd./Hsien Chan Enterprise
Co., Ltd./Novelty Handicrafts Co., Ltd.; and (10) Supreme Laces,
Inc.\3\
---------------------------------------------------------------------------
\1\ See Narrow Woven Ribbons with Woven Selvedge from Taiwan and
the People's Republic of China: Antidumping Duty Orders, 75 FR 53632
(Sept. 1, 2010), as amended in Narrow Woven Ribbons With Woven
Selvedge From Taiwan and the People's Republic of China: Amended
Antidumping Duty Orders, 75 FR 56982 (Sept. 17, 2010).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 76 FR 54735, 54736 (Sept. 2, 2011).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 76 FR
67133, 67138 (Oct. 31, 2011); and Correction to Initiation of 2010-
2011 Antidumping Duty Administrative Review: Narrow Woven Ribbons
With Woven Selvedge From Taiwan, 77 FR 82 (Jan. 3, 2012) (Initiation
Notice).
---------------------------------------------------------------------------
In November 2011 and January 2012, we requested that each company
named in the Initiation Notice provide data on the quantity and value
(Q&V) of its exports of subject merchandise to the United States during
the POR. We received responses to the Q&V questionnaires during the
period November 2011 through January 2012.
On January 30, 2012, the petitioner withdrew its request for an
administrative review for all companies named in the Initiation Notice
except Hubschercorp. On this same date, we issued the antidumping duty
questionnaire to Hubschercorp.
On February 17, 2012, we rescinded the review with respect to the
following companies: (1) Apex Ribbon; (2) Apex Trimmings; (3)
FinerRibbon.com; (4) Intercontinental Skyline; (5) Multicolor Inc.; (6)
Pacific Imports; (7) Papillon Ribbon & Bow (Canada); (8) Shienq Huong
Enterprise Co., Ltd./Hsien Chan Enterprise Co., Ltd./Novelty
Handicrafts Co., Ltd.; and (9) Supreme Laces, Inc.\4\
---------------------------------------------------------------------------
\4\ See Narrow Woven Ribbons With Woven Selvedge From Taiwan:
Rescission, in Part, of Antidumping Duty Administrative Review, 77
FR 9624 (Feb. 17, 2012).
---------------------------------------------------------------------------
Also on February 17, 2012, Hubschercorp contacted the Department to
inform us that it was having difficulty in responding to the
Department's questionnaire and that it may not be able to participate
in this review. On February 21, 2012 (i.e., the due date for the first
portion of the questionnaire response), we followed up with
Hubschercorp to determine whether the company intended to participate
in the administrative review. On February 24, 2012, Hubschercorp
informed the Department that it did not intend to respond to the
questionnaire or participate in the administrative review.\5\
Therefore, in accordance with section 776(a)(2)(A), (B) and (C) of the
Tariff Act of 1930, as amended (the Act), for these preliminary
results, the Department has applied facts otherwise available with an
adverse inference when determining Hubschercorp's rate. See the section
``Use of Facts Otherwise Available and AFA,'' below, for further
discussion.
---------------------------------------------------------------------------
\5\ See the February 27, 2012, Memorandum to the File From
Elizabeth Eastwood, Senior Analyst, and Holly Phelps, Analyst,
entitled, ``Phone Conversation With Hubschercorp Regarding the 2010-
2011 Antidumping Duty Administrative Review of Narrow Woven Ribbons
with Woven Selvedge from Taiwan'' (Hubschercorp Memo), for further
discussion of our correspondence with Hubschercorp.
---------------------------------------------------------------------------
Scope of the Order
The scope of this order covers 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:
[[Page 32939]]
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 antidumping duty 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;
(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 covered by this order is dispositive.
Use of Facts Otherwise Available and AFA
Section 776(a) of the Act provides that the Department shall apply
``facts otherwise available'' if: (1) Necessary information is not on
the record; or (2) an interested party or any other person (A)
withholds information that has been requested, (B) fails to provide
information within the deadlines established, or in the form and manner
requested by the Department, subject to subsections (c)(1) and (e) of
section 782 of the Act, (C) significantly impedes a proceeding, or (D)
provides information that cannot be verified as provided by section
782(i) of the Act.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying the facts otherwise available when
a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information. Such an adverse
inference may include reliance on information derived from the
petition, the final determination, a previous administrative review, or
other information placed on the record.
As noted in the ``Background'' section, above, Hubschercorp did not
respond to the Department's questionnaire in this administrative review
and informed the Department that it did not intend to participate in
this review. See Hubschercorp Memo. As a result, Hubschercorp did not
provide requested information that is necessary for the Department to
[[Page 32940]]
calculate an antidumping duty rate for the company in this
administrative review. Therefore, in reaching these preliminary
results, pursuant to section 776(a) of the Act, the Department has
based Hubschercorp's antidumping duty rate on facts otherwise available
on the record.
By only responding to the Department's Q&V questionnaire and
failing to respond to the Department's antidumping questionnaire,
Hubschercorp withheld requested information and significantly impeded
this proceeding. Thus, pursuant to section 776(a)(2)(A) and (C) of the
Act, the Department preliminarily finds that the use of total facts
available is appropriate.
According to section 776(b) of the Act, if the Department finds
that an interested party fails to cooperate by not acting to the best
of its ability to comply with requests for information, the Department
may use an inference that is adverse to the interests of that party in
selecting from the facts otherwise available. See Notice of Final
Results of Antidumping Duty Administrative Review: Stainless Steel Bar
From India, 70 FR 54023, 54025-26 (Sept. 13, 2005); Notice of Final
Determination of Sales at Less Than Fair Value and Final Negative
Critical Circumstances: Carbon and Certain Alloy Steel Wire Rod From
Brazil, 67 FR 55792, 55794-96 (Aug. 30, 2002). Adverse inferences are
appropriate ``to ensure that the party does not obtain a more favorable
result by failing to cooperate than if it had cooperated fully.'' See
Statement of Administrative Action accompanying the Uruguay Round
Agreements Act, H.R. Rep. No. 103-316, Vol. 1, at 870 (1994) (SAA),
reprinted in 1994 U.S.C.C.A.N. 4040, 4198-99. Furthermore,
``affirmative evidence of bad faith on the part of a respondent is not
required before the Department may make an adverse inference.'' See
Antidumping Duties; Countervailing Duties; Final rule, 62 FR 27296,
27340 (May 19, 1997); see also Nippon Steel Corp. v. United States, 337
F.3d 1373, 1382-83 (Fed. Cir. 2003) (Nippon). We preliminarily find
that Hubschercorp did not act to the best of its ability in this
administrative review, within the meaning of section 776(b) of the Act,
because it failed to respond to the Department's requests for
information and provide timely information. Therefore, an adverse
inference is warranted in selecting from the facts otherwise available
with respect to this company. See Nippon, 337 F.3d at 1382-83.
Selection of the AFA Rate
Section 776(b) of the Act provides that the Department may use as
AFA information derived from: (1) The petition; (2) the final
determination in the investigation; (3) any previous review; or (4) any
other information placed on the record.
The Department's practice, when selecting an AFA rate from among
the possible sources of information, has been to select the highest
rate on the record of the proceeding and to ensure that the margin is
sufficiently adverse ``as to effectuate the statutory purposes of the
adverse facts available rule to induce respondents to provide the
Department with complete and accurate information in a timely manner.''
See, e.g., Certain Steel Concrete Reinforcing Bars From Turkey; Final
Results and Rescission of Antidumping Duty Administrative Review in
Part, 71 FR 65082, 65084 (Nov. 7, 2006).
As a result, we have preliminarily assigned to Hubschercorp a rate
of 137.20 percent, which is the highest rate alleged in the petition,
as noted in the initiation of the less-than-fair-value (LTFV)
investigation. See Narrow Woven Ribbons With Woven Selvedge From the
People's Republic of China and Taiwan: Initiation of Antidumping Duty
Investigations, 74 FR 39291 (Aug. 6, 2009) (LTFV Initiation).
Corroboration of Secondary Information
Information from prior segments of the proceeding constitutes
secondary information and section 776(c) of the Act provides that the
Department shall, to the extent practicable, corroborate that secondary
information from independent sources reasonably at its disposal. The
Department's regulations provide that ``corroborate'' means that the
Department will satisfy itself that the secondary information to be
used has probative value. See 19 CFR 351.308(d); see also SAA at 870.
To be considered corroborated, the Department must find the secondary
information is both reliable and relevant.\6\
---------------------------------------------------------------------------
\6\ See, e.g., SAA at 870; 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 (Nov. 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 (Mar. 13, 1997).
---------------------------------------------------------------------------
To determine whether the information is reliable, we reviewed the
adequacy and accuracy of the information in the petition during our
pre-initiation analysis and for purposes of these preliminary results.
See LTFV Initiation at 39294-39295. We examined evidence supporting the
calculations in the petition to determine the probative value of the
margins alleged in the petition for use as AFA for purposes of these
preliminary results. Based on our examination of the information, as
discussed in detail in LTFV Initiation, we consider the petitioner's
calculation of the export price and normal value to be reliable.
Therefore, because we confirmed the accuracy and validity of the
information underlying the calculation of margins in the petition by
examining source documents as well as publicly available information,
we preliminarily determine that the margins in the petition are
reliable for the purposes of this administrative review.
To determine the relevance of the petition margin, we compared it
to the model-specific rates calculated for the respondents in the LTFV
investigation. We find that this margin is relevant because this is the
first review under this order (i.e., only one segment removed from the
LTFV investigation), and the petition rate fell within the range of
model-specific margins calculated for two of the three mandatory
respondents in the LTFV investigation. See e.g., Certain Frozen
Warmwater Shrimp From Thailand: Preliminary Results and Preliminary
Partial Rescission of Antidumping Duty Administrative Review, 73 FR
12088, 12092 (Mar. 6, 2008), unchanged in Certain Frozen Warmwater
Shrimp From Thailand: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 50933 (Aug. 29, 2008).
See also the Memorandum to the File from Holly Phelps, Analyst,
entitled, ``Placement of Proprietary Model-Specific Margins from the
Less-Than-Fair-Value Investigation on the Record and Corroboration of
Adverse Facts Available Rate for the Preliminary Results in the 2010-
2011 Antidumping Duty Administrative Review of Narrow Woven Ribbons
with Woven Selvedge from Taiwan,'' dated May 29, 2012 (Corroboration
Memo). Therefore, we have determined that the 137.20 percent margin is
appropriate as AFA and are assigning it to Hubschercorp.
Further, the Department will consider information reasonably at its
disposal as to whether there are circumstances that would render a
margin inappropriate. Where circumstances indicate that the
[[Page 32941]]
selected margin is not appropriate as AFA, the Department may disregard
the margin and determine an appropriate margin. See, e.g., Fresh Cut
Flowers from Mexico; Final Results of Antidumping Duty Administrative
Review, 61 FR 6812, 6814 (Feb. 22, 1996) (where the Department
disregarded the highest calculated margin as AFA because the margin was
based on a company's uncharacteristic business expense resulting in an
unusually high margin). Therefore, we examined whether any information
on the record would discredit the selected rate as reasonable facts
available. We were unable to find any information that would discredit
the selected AFA rate.
Based on the above, for these preliminary results, the Department
finds the highest rate derived from the petition (i.e., 137.20 percent)
is therefore corroborated to the extent practicable. Thus, we have
assigned Hubschercorp this rate as AFA in this administrative review.
For further discussion of the corroboration of this rate, see the
Corroboration Memo.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period September 1, 2010, through August
31, 2011:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Hubschercorp.................................................. 137.20
------------------------------------------------------------------------
Disclosure and Public Hearing
The Department will disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice. See 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than the later of 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs. See 19 CFR 351.309(d). Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. See 19 CFR
351.309(c)(2) and (d)(2).
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
An electronically filed document must be received successfully in its
entirety by the Department's electronic records system, IA ACCESS, by 5
p.m. Eastern Standard Time within 30 days after the date of publication
of this notice. Requests should contain: (1) The party's name, address
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. The Department will issue
the final results of this administrative review, including the results
of its analysis of the issues raised in any written briefs, not later
than 120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212(b)(1). The Department will
issue appropriate appraisement instructions for the companies subject
to this review directly to CBP 15 days after the date of publication of
the final results of this review.
For Hubschercorp's U.S. sales, we will base the assessment rate
assigned to the corresponding entries on AFA, determined as noted
above.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable. See section 751(a)(2)(C) of the Act.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Hubschercorp
will be that established in the final results of this review; (2) for
previously reviewed or investigated companies not participating in this
review, the cash deposit rate will continue to be the company-specific
rate published for the most recent period; (3) if the exporter is not a
firm covered in this review, or the original LTFV investigation, but
the manufacturer is, the cash deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 4.37 percent, the all-others rate made effective by the
Notice of Final Determination of Sales at Less than Fair Value: Narrow
Woven Ribbons with Woven Selvedge from Taiwan, 75 FR 41804 (July 19,
2010). These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: May 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-13476 Filed 6-1-12; 8:45 am]
BILLING CODE 3510-DS-P