Certain Plastic Decorative Ribbon From the People's Republic of China: Initiation of Countervailing Duty Investigation, 3114-3118 [2018-01147]

Download as PDF 3114 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 4. Discussion of the Issues Comment 1: Whether Commerce Erred by Rejecting Prime Time’s Information Submitted on Behalf of Ningbo Homey Comment 2: Whether Commerce Should Calculate an Exporter/Importer-Specific Margin for Prime Time 5. Recommendation CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: [FR Doc. 2018–01032 Filed 1–22–18; 8:45 am] The Petition BILLING CODE 3510–DS–P On December 27, 2017, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) Petition concerning imports of certain plastic decorative ribbon (plastic decorative ribbon) from the People’s Republic of China (China), filed in proper form on behalf of Berwick Offray, LLC (the petitioner).1 The CVD Petition was accompanied by an antidumping (AD) Petition concerning imports of plastic decorative ribbon from China. The petitioner is a domestic producer of plastic decorative ribbon.2 On January 2, 2018, Commerce requested supplemental information pertaining to certain areas of the Petition.3 The petitioner filed responses to these requests, including revised scope language, on January 5, 2018.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to imports of plastic decorative ribbon from China and that such imports are materially injuring, or threatening material injury to, the domestic industry producing plastic decorative ribbon in the United States. Also, consistent with section 702(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed this Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of DEPARTMENT OF COMMERCE International Trade Administration [C–357–821 and C–560–831] Biodiesel From the Republic of Argentina and the Republic of Indonesia: Countervailing Duty Orders Correction In notice document 2017–28480, appearing on pages 522 through 523, in the issue of Thursday, January 4, 2018, make the following correction: The table, on page 522, in the third column, eleven lines from the top, should read as set forth below. Subsidy rate (percent) Exporters/producers from Argentina: LDC Argentina S.A 1 ............. Vicentin S.A.I.C 2 ................... All Others .............................. Exporters/Producers from Indonesia: Wilmar Trading Co., Ltd ........ PT Musim Mas ...................... All Others .............................. 72.28 71.45 71.87 34.45 64.73 38.95 1 In the final determination, Commerce found the following companies to be crossowned with LDC Argentina S.A.: LDC Semillas S.A., Semillas del Rosario S.A. 2 In the final determination, Commerce found the following companies to be crossowned with Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A., Los Amores S.A. [FR Doc. C1–2017–28480 Filed 1–22–18; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF COMMERCE International Trade Administration sradovich on DSK3GMQ082PROD with NOTICES [C–570–076] Certain Plastic Decorative Ribbon From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable January 23, 2018. FOR FURTHER INFORMATION CONTACT: Maliha Khan at (202) 482–0895, AD/ AGENCY: VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 1 See Letter to the Secretary of Commerce ‘‘Plastic Decorative Ribbon from the People’s Republic of China: Petitions for the Imposition of Antidumping and Countervailing Duties’’ (December 27, 2017) (the Petition). 2 See Volume I of the Petition, at 3 and Exhibit I–3. 3 See Letters from Commerce, to the petitioner, dated January 2, 2018. 4 See Letter from the petitioner, ‘‘Certain Plastic Decorative Ribbon from the People’s Republic of China: Response to Commerce’s January 2, 2018 Supplemental Questions Regarding Volumes I and III of the Petition for the Imposition of Antidumping and Countervailing Duties’’ dated January 4, 2018 (General Issues and China CVD Supplement). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 the CVD investigation that the petitioner is requesting.5 Period of Investigation Because the Petition was filed on December 27, 2017, the period of investigation for this investigation is January 1, 2016, through December 31, 2016. Scope of the Investigation The products covered by this investigation are plastic decorative ribbon from China. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. Comments on Scope of the Investigation During our review of the Petition, Commerce issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.6 As discussed in the preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,8 all such factual information should be limited to public information. To facilitate preparation of its questionnaire, Commerce requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, February 5, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Thursday, February 15, 2018, which is 10 calendar days from the initial comments deadline.9 Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the 5 See the ‘‘Determination of Industry Support for the Petitions’’ section, below. 6 See Volume I of the Petition at 5–6; see also General Issues and China CVD Supplement at Exhibit COM-Supp-2. 7 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 8 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 9 See 19 CFR 351.303(b). E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices investigation may be relevant, the party may contact Commerce and request permission to submit the additional nformation. All such comments must be filed on the records of each of the concurrent AD and CVD investigation. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC of the receipt of the Petition, and provided them the opportunity for consultations with respect to the Petition.11 The GOC did not request consultations. sradovich on DSK3GMQ082PROD with NOTICES Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that 10 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/ Handbook%20on%20Electronic%20Filling %20Procedures.pdf. 11 See Letter to the Embassy of China, ‘‘Countervailing Duty Petition on Certain Plastic Decorative Ribbon from the People’s Republic of China: Invitation for Consultations to Discuss the Countervailing Duty Petition’’ (December 29, 2017); see also Memorandum from Maliha Khan, International Trade Compliance Analyst, AD/CVD Operations, Office IV, Enforcement and Compliance to the File, ‘‘Contact with the Embassy of the People’s Republic of China Regarding Possible Consultations,’’ dated January 12, 2018. VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that plastic decorative ribbon, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry 12 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 13 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 3115 support in terms of that domestic like product.14 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ the Appendix to this notice. The petitioner provided its own 2016 production of the domestic like product, and compared this to the estimated total production of the domestic like product for the entire domestic industry.15 We relied on data the petitioner provided for purposes of measuring industry support.16 Our review of the data provided in the Petition, General Issues and China CVD Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.17 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).18 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.19 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product 14 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Certain Plastic Decorative Ribbon from the People’s Republic of China (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Plastic Decorative Ribbon from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 15 See Volume I of the Petition, at 3 and Exhibit I–3; see also General Issues and China CVD Supplement, at 4. 16 Id. For further discussion, see China CVD Initiation Checklist, at Attachment II. 17 See China CVD Initiation Checklist, at Attachment II. 18 See section 702(c)(4)(D) of the Act; see also China CVD Initiation Checklist, at Attachment II. 19 See China CVD Initiation Checklist, at Attachment II. E:\FR\FM\23JAN1.SGM 23JAN1 3116 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices produced by that portion of the industry expressing support for, or opposition to, the Petition.20 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting that Commerce initiate.21 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.22 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; lost sales and revenues; and a negative impact on the domestic industry’s performance.23 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.24 20 Id. sradovich on DSK3GMQ082PROD with NOTICES 21 Id. 22 See Volume I of the Petition, at 13 and Exhibit I–7; see also General Issues and China CVD Supplement, at 4–5 and Exhibit COM–Supp–3. 23 See Volume I of the Petition, at 12–13, 20–35, and Exhibits I–7, I–9, and I–10; see also General Issues and China CVD Supplement, at 4–5 and Exhibits COM–Supp–3 and COM–Supp–4. 24 See China CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Plastic Decorative Ribbon from the People’s Republic of China (Attachment III). VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 Initiation of CVD Investigation Based on the examination of the Petition, we find that the Petition meets the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of plastic decorative ribbon from China benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.25 The 2015 law does not specify dates of application for those amendments. On August 6, 2015, Commerce published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.26 The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.27 Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 24 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection The petitioner named 51 producers/ exporters of plastic decorative ribbon from China.28 Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in this investigation. In the event Commerce determines that the number of companies is large and it cannot 25 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 26 See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https:// www.congress.gov/bill/114th-congress/house-bill/ 1295/text/pl. 27 See Applicability Notice, 80 FR at 46794–95. 28 See Volume I of the Petition at Exhibit I–6. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 individually examine each company, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of plastic decorative ribbon from China during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigation,’’ in the Appendix. On January 17, 2018, Commerce plans to release CBP data under APO to all parties with access to information protected by APO. Interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of this CVD investigation. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https:// enforcement.trade.gov/apo. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of plastic decorative ribbon from China are materially injuring or threatening material injury to a U.S. industry.29 A negative ITC determination will result in the investigation being terminated.30 Otherwise, the investigation will 29 See section 703(a) of the Act. 30 Id. E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices proceed according to statutory and regulatory time limits. sradovich on DSK3GMQ082PROD with NOTICES Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and,31 if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.32 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 31 See 32 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.33 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives.34 Investigations initiated on the basis of Petition filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: January 16, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Investigation The merchandise covered by this investigation is certain plastic decorative ribbon having a width (measured at the narrowest span of the ribbon) of less than or equal to four (4) inches in actual measurement, including but not limited to ribbon wound onto itself; a spool, a core or a tube (with or without flanges); attached to a card or strip; wound into a keg- or egg33 See section 782(b) of the Act. Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 34 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 3117 shaped configuration; made into bows, bowlike items, or other shapes or configurations; and whether or not packaged or labeled for retail sale. The subject merchandise is typically made of substrates of polypropylene, but may be made in whole or in part of any type of plastic, including without limitation, plastic derived from petroleum products and plastic derived from cellulose products. Unless the context otherwise clearly indicates, the word ‘‘ribbon’’ used in the singular includes the plural and the plural ‘‘ribbons’’ includes the singular. The subject merchandise includes ribbons comprised of one or more layers of substrates made, in whole or in part, of plastics adhered to each other, regardless of the method used to adhere the layers together, including without limitation, ribbons comprised of layers of substrates adhered to each other through a lamination process. Subject merchandise also includes ribbons comprised of (a) one or more layers of substrates made, in whole or in part, of plastics adhered to (b) one or more layers of substrates made, in whole or in part, of nonplastic materials, including, without limitation, substrates made, in whole or in part, of fabric. The ribbons subject to this investigation may be of any color or combination of colors (including without limitation, ribbons that are transparent, translucent or opaque) and may or may not bear words or images, including without limitation, those of a holiday motif. The subject merchandise includes ribbons with embellishments and/or treatments, including, without limitation, ribbons that are printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or that otherwise have impressed designs, images, words or patterns), and ribbons with holographic, metallic, glitter or iridescent finishes. Subject merchandise includes ‘‘pullbows,’’ 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, and ‘‘pre-notched’’ bows, an assemblage of notched ribbon loops arranged one inside the other with the notches in alignment and affixed to each other where notched, and which the end user forms into a bow by separating and spreading the loops circularly around the notches, which form the center of the bow. Subject merchandise includes ribbons that are packaged with non-subject merchandise, including ensembles that include ribbons and other products, such as gift wrap, gift bags, gift tags and/or other gift packaging products. The ribbons are covered by the scope of this investigation; the ‘‘other products’’ (i.e., the other, non-subject merchandise included in the ensemble) are not covered by the scope of this investigation. Excluded from the scope of this investigation are the following: (1) Ribbons formed exclusively by weaving plastic threads together; (2) ribbons that have metal wire in, on, or along the entirety of each of the longitudinal edges of the ribbon; (3) ribbons with an adhesive coating covering E:\FR\FM\23JAN1.SGM 23JAN1 sradovich on DSK3GMQ082PROD with NOTICES 3118 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices the entire span between the longitudinal edges of the ribbon for the entire length of the ribbon; (4) ribbon formed into a bow without a tab or other means for attaching the bow to an object using adhesives, where the bow has: (a) An outer layer that is either flocked or made of fabric, and (b) a flexible metal wire at the base that is suitable for attaching the bow to a Christmas tree or other object by twist-tying; (5) elastic ribbons, meaning ribbons that elongate when stretched and return to their original dimension when the stretching load is removed; (6) ribbons affixed 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; (7) ribbons that are (a) affixed to non-subject merchandise as a working component of such non-subject merchandise, such as where the ribbon comprises a 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; (8) imitation raffia made of plastics having a thickness not more than one (1) mil when measured in an unfolded/untwisted state; and (9) ribbons in the form of bows having a diameter of less than seven-eighths (7⁄8) of an inch, or having a diameter of more than 16 inches, based on actual measurement. For purposes of this exclusion, the diameter of a bow is equal to the diameter of the smallest circular ring through which the bow will pass without compressing the bow. Further, excluded from the scope of the antidumping duty order are any products covered by the existing antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from the People’s Republic of China (China). See Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, the People’s Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008). Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3920.20.0015 and 3926.40.0010. Merchandise covered by this investigation also may enter under subheadings 3920.10.0000; 3920.20.0055; 3920.30.0000; 3920.43.5000; 3920.49.0000; 3920.62.0050; 3920.62.0090; 3920.69.0000; 3921.90.1100; 3921.90.1500; 3921.90.1910; 3921.90.1950; 3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000; 9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000; 5609.00.4000; and 6307.90.9889. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive. [FR Doc. 2018–01147 Filed 1–22–18; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 DEPARTMENT OF COMMERCE International Trade Administration [C–533–878] Stainless Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable January 23, 2018. FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Chelsey Simonovich, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5260 or (202) 482–2000, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on September 11, 2017.1 On October 27, 2017, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 16, 2018.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II 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 1 See Stainless Steel Flanges from India and the People’s Republic of China: Initiation of Countervailing Duty Investigations, 82 FR 42654 (September 11, 2017) (Initiation Notice). 2 See Stainless Steel Flanges from India and the People’s Republic of China: Postponement of Preliminary Determination of Countervailing Duty Investigations, 82 FR 49786 (October 27, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Stainless Steel Flanges from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 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 electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are stainless steel flanges from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e. , scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e. , a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 In making these findings, we relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 703(e)(1) of the Act, Commerce preliminarily determines that critical circumstances exist with respect to imports of stainless steel flanges from India for Bebitz 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See sections 776(a) and (b) of the Act. E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3114-3118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-076]


Certain Plastic Decorative Ribbon From the People's Republic of 
China: Initiation of Countervailing Duty Investigation

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

DATES: Applicable January 23, 2018.

FOR FURTHER INFORMATION CONTACT: Maliha Khan at (202) 482-0895, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On December 27, 2017, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) Petition concerning imports of 
certain plastic decorative ribbon (plastic decorative ribbon) from the 
People's Republic of China (China), filed in proper form on behalf of 
Berwick Offray, LLC (the petitioner).\1\ The CVD Petition was 
accompanied by an antidumping (AD) Petition concerning imports of 
plastic decorative ribbon from China. The petitioner is a domestic 
producer of plastic decorative ribbon.\2\
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    \1\ See Letter to the Secretary of Commerce ``Plastic Decorative 
Ribbon from the People's Republic of China: Petitions for the 
Imposition of Antidumping and Countervailing Duties'' (December 27, 
2017) (the Petition).
    \2\ See Volume I of the Petition, at 3 and Exhibit I-3.
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    On January 2, 2018, Commerce requested supplemental information 
pertaining to certain areas of the Petition.\3\ The petitioner filed 
responses to these requests, including revised scope language, on 
January 5, 2018.\4\
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    \3\ See Letters from Commerce, to the petitioner, dated January 
2, 2018.
    \4\ See Letter from the petitioner, ``Certain Plastic Decorative 
Ribbon from the People's Republic of China: Response to Commerce's 
January 2, 2018 Supplemental Questions Regarding Volumes I and III 
of the Petition for the Imposition of Antidumping and Countervailing 
Duties'' dated January 4, 2018 (General Issues and China CVD 
Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to imports of plastic decorative 
ribbon from China and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing plastic 
decorative ribbon in the United States. Also, consistent with section 
702(b)(1) of the Act, the Petition is accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed this Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the CVD investigation that the petitioner is 
requesting.\5\
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    \5\ See the ``Determination of Industry Support for the 
Petitions'' section, below.
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Period of Investigation

    Because the Petition was filed on December 27, 2017, the period of 
investigation for this investigation is January 1, 2016, through 
December 31, 2016.

Scope of the Investigation

    The products covered by this investigation are plastic decorative 
ribbon from China. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in the Appendix 
to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, Commerce issued questions to, 
and received responses from, the petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\6\
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    \6\ See Volume I of the Petition at 5-6; see also General Issues 
and China CVD Supplement at Exhibit COM-Supp-2.
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    As discussed in the preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaire, Commerce requests all 
interested parties to submit such comments by 5:00 p.m. Eastern Time 
(ET) on Monday, February 5, 2018, which is 20 calendar days from the 
signature date of this notice. Any rebuttal comments, which may include 
factual information, must be filed by 5:00 p.m. ET on Thursday, 
February 15, 2018, which is 10 calendar days from the initial comments 
deadline.\9\
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \9\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the

[[Page 3115]]

investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional nformation. All such 
comments must be filed on the records of each of the concurrent AD and 
CVD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOC of the receipt of the Petition, and 
provided them the opportunity for consultations with respect to the 
Petition.\11\ The GOC did not request consultations.
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    \11\ See Letter to the Embassy of China, ``Countervailing Duty 
Petition on Certain Plastic Decorative Ribbon from the People's 
Republic of China: Invitation for Consultations to Discuss the 
Countervailing Duty Petition'' (December 29, 2017); see also 
Memorandum from Maliha Khan, International Trade Compliance Analyst, 
AD/CVD Operations, Office IV, Enforcement and Compliance to the 
File, ``Contact with the Embassy of the People's Republic of China 
Regarding Possible Consultations,'' dated January 12, 2018.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation. Based on our analysis of the information 
submitted on the record, we have determined that plastic decorative 
ribbon, as defined in the scope, constitutes a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\14\
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    \14\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Certain 
Plastic Decorative Ribbon from the People's Republic of China (China 
CVD Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Plastic Decorative Ribbon from the People's 
Republic of China (Attachment II). This checklist is dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' the Appendix to this 
notice. The petitioner provided its own 2016 production of the domestic 
like product, and compared this to the estimated total production of 
the domestic like product for the entire domestic industry.\15\ We 
relied on data the petitioner provided for purposes of measuring 
industry support.\16\
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    \15\ See Volume I of the Petition, at 3 and Exhibit I-3; see 
also General Issues and China CVD Supplement, at 4.
    \16\ Id. For further discussion, see China CVD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, General Issues and 
China CVD Supplement, and other information readily available to 
Commerce indicates that the petitioner has established industry support 
for the Petition.\17\ First, the Petition established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\18\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petition account for at least 25 percent of 
the total production of the domestic like product.\19\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petition account for 
more than 50 percent of the production of the domestic like product

[[Page 3116]]

produced by that portion of the industry expressing support for, or 
opposition to, the Petition.\20\ Accordingly, Commerce determines that 
the Petition was filed on behalf of the domestic industry within the 
meaning of section 702(b)(1) of the Act.
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    \17\ See China CVD Initiation Checklist, at Attachment II.
    \18\ See section 702(c)(4)(D) of the Act; see also China CVD 
Initiation Checklist, at Attachment II.
    \19\ See China CVD Initiation Checklist, at Attachment II.
    \20\ Id.
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    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting that Commerce initiate.\21\
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    \21\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\22\
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    \22\ See Volume I of the Petition, at 13 and Exhibit I-7; see 
also General Issues and China CVD Supplement, at 4-5 and Exhibit 
COM-Supp-3.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; and a negative impact on the domestic 
industry's performance.\23\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\24\
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    \23\ See Volume I of the Petition, at 12-13, 20-35, and Exhibits 
I-7, I-9, and I-10; see also General Issues and China CVD 
Supplement, at 4-5 and Exhibits COM-Supp-3 and COM-Supp-4.
    \24\ See China CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Plastic Decorative Ribbon from the People's 
Republic of China (Attachment III).
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Initiation of CVD Investigation

    Based on the examination of the Petition, we find that the Petition 
meets the requirements of section 702 of the Act. Therefore, we are 
initiating a CVD investigation to determine whether imports of plastic 
decorative ribbon from China benefit from countervailable subsidies 
conferred by the GOC. In accordance with section 703(b)(1) of the Act 
and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 65 days after the date of this 
initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\25\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
Commerce published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\26\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\27\
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    \25\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \26\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \27\ See Applicability Notice, 80 FR at 46794-95.
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    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 24 alleged 
programs. For a full discussion of the basis for our decision to 
initiate on each program, see the CVD Initiation Checklist. A public 
version of the initiation checklist for this investigation is available 
on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioner named 51 producers/exporters of plastic decorative 
ribbon from China.\28\ Commerce intends to follow its standard practice 
in CVD investigations and calculate company-specific subsidy rates in 
this investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company, 
where appropriate, Commerce intends to select mandatory respondents 
based on U.S. Customs and Border Protection (CBP) data for U.S. imports 
of plastic decorative ribbon from China during the POI under the 
appropriate Harmonized Tariff Schedule of the United States numbers 
listed in the ``Scope of the Investigation,'' in the Appendix.
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    \28\ See Volume I of the Petition at Exhibit I-6.
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    On January 17, 2018, Commerce plans to release CBP data under APO 
to all parties with access to information protected by APO. Interested 
parties wishing to comment regarding the CBP data and respondent 
selection must do so within three business days of the publication date 
of the notice of initiation of this CVD investigation. Commerce will 
not accept rebuttal comments regarding the CBP data or respondent 
selection.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions regarding respondent selection 
within 20 days of publication of this notice. Interested parties must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
Commerce's website at https://enforcement.trade.gov/apo.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of plastic decorative ribbon from China are 
materially injuring or threatening material injury to a U.S. 
industry.\29\ A negative ITC determination will result in the 
investigation being terminated.\30\ Otherwise, the investigation will

[[Page 3117]]

proceed according to statutory and regulatory time limits.
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    \29\ See section 703(a) of the Act.
    \30\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and,\31\ if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\32\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \31\ See 19 CFR 351.301(b).
    \32\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\33\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives.\34\ Investigations initiated on the basis of Petition 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided in 19 CFR 351.303(g). 
Commerce intends to reject factual submissions if the submitting party 
does not comply with applicable revised certification requirements.
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    \33\ See section 782(b) of the Act.
    \34\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation is certain plastic 
decorative ribbon having a width (measured at the narrowest span of 
the ribbon) of less than or equal to four (4) inches in actual 
measurement, including but not limited to ribbon wound onto itself; 
a spool, a core or a tube (with or without flanges); attached to a 
card or strip; wound into a keg- or egg-shaped configuration; made 
into bows, bow-like items, or other shapes or configurations; and 
whether or not packaged or labeled for retail sale. The subject 
merchandise is typically made of substrates of polypropylene, but 
may be made in whole or in part of any type of plastic, including 
without limitation, plastic derived from petroleum products and 
plastic derived from cellulose products. Unless the context 
otherwise clearly indicates, the word ``ribbon'' used in the 
singular includes the plural and the plural ``ribbons'' includes the 
singular.
    The subject merchandise includes ribbons comprised of one or 
more layers of substrates made, in whole or in part, of plastics 
adhered to each other, regardless of the method used to adhere the 
layers together, including without limitation, ribbons comprised of 
layers of substrates adhered to each other through a lamination 
process. Subject merchandise also includes ribbons comprised of (a) 
one or more layers of substrates made, in whole or in part, of 
plastics adhered to (b) one or more layers of substrates made, in 
whole or in part, of non-plastic materials, including, without 
limitation, substrates made, in whole or in part, of fabric.
    The ribbons subject to this investigation may be of any color or 
combination of colors (including without limitation, ribbons that 
are transparent, translucent or opaque) and may or may not bear 
words or images, including without limitation, those of a holiday 
motif. The subject merchandise includes ribbons with embellishments 
and/or treatments, including, without limitation, ribbons that are 
printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, 
embossed (or that otherwise have impressed designs, images, words or 
patterns), and ribbons with holographic, metallic, glitter or 
iridescent finishes.
    Subject merchandise includes ``pull-bows,'' 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, and ``pre-notched'' 
bows, an assemblage of notched ribbon loops arranged one inside the 
other with the notches in alignment and affixed to each other where 
notched, and which the end user forms into a bow by separating and 
spreading the loops circularly around the notches, which form the 
center of the bow. Subject merchandise includes ribbons that are 
packaged with non-subject merchandise, including ensembles that 
include ribbons and other products, such as gift wrap, gift bags, 
gift tags and/or other gift packaging products. The ribbons are 
covered by the scope of this investigation; the ``other products'' 
(i.e., the other, non-subject merchandise included in the ensemble) 
are not covered by the scope of this investigation.
    Excluded from the scope of this investigation are the following: 
(1) Ribbons formed exclusively by weaving plastic threads together; 
(2) ribbons that have metal wire in, on, or along the entirety of 
each of the longitudinal edges of the ribbon; (3) ribbons with an 
adhesive coating covering

[[Page 3118]]

the entire span between the longitudinal edges of the ribbon for the 
entire length of the ribbon; (4) ribbon formed into a bow without a 
tab or other means for attaching the bow to an object using 
adhesives, where the bow has: (a) An outer layer that is either 
flocked or made of fabric, and (b) a flexible metal wire at the base 
that is suitable for attaching the bow to a Christmas tree or other 
object by twist-tying; (5) elastic ribbons, meaning ribbons that 
elongate when stretched and return to their original dimension when 
the stretching load is removed; (6) ribbons affixed 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; (7) ribbons that are (a) affixed to non-subject 
merchandise as a working component of such non-subject merchandise, 
such as where the ribbon comprises a 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; (8) 
imitation raffia made of plastics having a thickness not more than 
one (1) mil when measured in an unfolded/untwisted state; and (9) 
ribbons in the form of bows having a diameter of less than seven-
eighths (\7/8\) of an inch, or having a diameter of more than 16 
inches, based on actual measurement. For purposes of this exclusion, 
the diameter of a bow is equal to the diameter of the smallest 
circular ring through which the bow will pass without compressing 
the bow.
    Further, excluded from the scope of the antidumping duty order 
are any products covered by the existing antidumping duty order on 
polyethylene terephthalate film, sheet, and strip (PET Film) from 
the People's Republic of China (China). See Polyethylene 
Terephthalate Film, Sheet, and Strip from Brazil, the People's 
Republic of China and the United Arab Emirates: Antidumping Duty 
Orders and Amended Final Determination of Sales at Less Than Fair 
Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008).
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 3920.20.0015 and 3926.40.0010. Merchandise 
covered by this investigation also may enter under subheadings 
3920.10.0000; 3920.20.0055; 3920.30.0000; 3920.43.5000; 
3920.49.0000; 3920.62.0050; 3920.62.0090; 3920.69.0000; 
3921.90.1100; 3921.90.1500; 3921.90.1910; 3921.90.1950; 
3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000; 
9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000; 
5609.00.4000; and 6307.90.9889. These HTSUS subheadings are provided 
for convenience and customs purposes; the written description of the 
scope of this investigation is dispositive.

[FR Doc. 2018-01147 Filed 1-22-18; 8:45 am]
 BILLING CODE 3510-DS-P

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