Narrow Woven Ribbons With Woven Selvedge From Taiwan; Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 71057-71059 [2016-24907]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71057-71059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24907]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-844]


Narrow Woven Ribbons With Woven Selvedge From Taiwan; Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on narrow woven 
ribbons with woven selvedge from Taiwan. The review covers four 
producers/exporters of the subject merchandise. The period of review 
(POR) is September 1, 2014, through August 31, 2015. We preliminarily 
determine that sales of subject merchandise to the United States have 
been made at prices below normal value (NV). We invite all interested 
parties to comment on these preliminary results.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: David Crespo or Alice Maldonado, AD/

[[Page 71058]]

CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3693 and (202) 
482-4682, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to this order covers narrow woven ribbons 
with woven selvedge.\1\ The merchandise subject to this order is 
classifiable under the Harmonized Tariff Schedule of the United States 
(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.
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    \1\ For a complete description of the scope of the order, see 
the memorandum from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled, ``Decision Memorandum for the Preliminary 
Results of the (2014-2015) Administrative Review of the Antidumping 
Duty Order on Narrow Woven Ribbons with Woven Selvedge from Taiwan'' 
(Preliminary Decision Memorandum), dated concurrently with and 
hereby adopted by this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act. Because mandatory 
respondent A-Madeus failed to respond to the Department's 
questionnaire, we preliminarily determine to apply adverse facts 
available (AFA) to this respondent, in accordance with sections 776(a) 
and (b) of the Act and 19 CFR 351.308. For a full discussion of the 
rationale underlying our preliminary results, as well as a description 
of the methodology used, see the Preliminary Decision Memorandum.
    A list of the topics included in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, room B-8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Determination of No Shipments

    On November 24, 2015, both Xiamen Yi He and Fujian Rongshu timely 
filed statements reporting that they made no shipments of subject 
merchandise to the United States during the POR. Subsequently, we 
received information from U.S. Customs and Border Protection (CBP) 
confirming Xiamen Yi He's and Fujian Rongshu's no shipment claims. 
Based on the foregoing, the Department preliminarily determines that 
Xiamen Yi He and Fujian Rongshu did not have any reviewable 
transactions during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum. Consistent with 
our practice, we are not preliminarily rescinding the review with 
respect to Xiamen Yi He and Fujian Rongshu but, rather, we will 
complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of this 
review.\2\
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    \2\ See e.g., Certain Frozen Warmwater Shrimp From Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Preliminary Results of the Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                                Dumping
                      Producer/Exporter                         margin
                                                               (percent)
------------------------------------------------------------------------
Roung Shu Industry Corporation..............................        0.00
A-Madeus Textile Ltd........................................      137.20
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Disclosure and Public Comment

    The Department intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\3\ Pursuant to 
19 CFR 351.309(c), interested parties may submit case briefs to the 
Department no later than seven days after the date of the final 
verification report issued in this review. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the time limit for filing case briefs.\4\ 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.\5\ Case and rebuttal 
briefs should be filed using ACCESS.\6\
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice.\7\ Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues parties intend to discuss. Issues raised in 
the hearing will be limited to issues raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(c) and (d).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, no later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h), unless this deadline is extended.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\9\
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    \9\ See 19 CFR 351.212(b)(1).
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate

[[Page 71059]]

calculated in the final results of this review is not zero or de 
minimis. Where the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties. Where assessments are based upon total facts 
available, including AFA, we instruct CBP to assess duties at the AFA 
margin rate. 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.\10\
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    \10\ See section 751(a)(2)(C) of the Act.
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    Consistent with the Department's refinement of its assessment 
practice, for any entries of subject merchandise during the POR 
produced by Roung Shu for which it did not know that the merchandise 
was destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\11\ Further, if 
we continue to find in the final results that Xiamen Yi He and Fujian 
Rongshu had no shipments of subject merchandise during the POR, we will 
instruct CBP to liquidate any suspended entries that entered under 
their antidumping duty case numbers (i.e., at that exporter's rate) at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
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    \11\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for each specific company listed above will be equal to the dumping 
margins established in the final results of this administrative review, 
unless the rate is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment; (3) if the exporter is not a firm covered in this review, or 
the original investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recently completed 
segment 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 determined in the less-than-fair-
value investigation.\12\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \12\ See Narrow Woven Ribbons With Woven Selvedge From Taiwan 
and the People's Republic of China: Amended Antidumping Duty Orders, 
75 FR 56982, 56985 (September 17, 2010).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 3, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
    a. Comparisons to Normal Value
    b. Determination of Comparison Method
    c. Results of the Differential Pricing Analysis
    d. Product Comparisons
    e. Date of Sale
    f. Export Price
    g. Normal Value
    i. Home Market Viability
    ii. Level of Trade
    iii. Cost of Production Analysis
    iv. Calculation of Normal Value Based on Comparison Market 
Prices
    v. Calculation of Normal Value Based on Constructed Value
    h. Currency Conversion
    i. Use of Facts Otherwise Available
    i. Use of Facts Available
    ii. Application of Facts Available with an Adverse Inference
    iii. Selection and Corroboration of Adverse Facts Available Rate
VI. Recommendation

[FR Doc. 2016-24907 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P