Certain Plastic Decorative Ribbon From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 3126-3131 [2018-01148]
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
States (HTSUS). While HTSUS subheadings
and ASTM specifications are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports
from China
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion
[FR Doc. 2018–01145 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–075]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Initiation of Less-Than-Fair-Value
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley at (202) 482–3148, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
sradovich on DSK3GMQ082PROD with NOTICES
The Petition
On December 27, 2017, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
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 AD
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of plastic decorative
ribbon from China. The petitioner is a
1 See Letter to the Secretary of Commerce,
‘‘Certain Plastic Decorative Ribbon from the
People’s Republic of China: Petitions for the
Imposition of Antidumping and Countervailing
Duties’’ (December 27, 2017) (the Petition).
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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 On
January 12, 2018, the petitioner filed a
submission clarifying the scope
language.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of plastic decorative ribbon from China
are being, or are likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing plastic decorative ribbon in
the United States. Consistent with
section 732(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) and (F) of
the Act. Commerce also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the AD investigation that
the petitioner is requesting.6
Period of Investigation
Because the Petition was filed on
December 27, 2017, and China is a nonmarket economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
2 See Volume I of the Petition, at 3 and Exhibit
I–3.
3 See Letter from Commerce, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Plastic Decorative
Ribbon from the People’s Republic of China:
Supplemental Questions’’ dated January 2, 2018
(General Issues Supplemental Questions); see also
Letter from Commerce, ‘‘Petition for the Imposition
of Antidumping Duties on Imports of Certain Plastic
Decorative Ribbons from the People’s Republic of
China: Supplemental Questions’’ dated January 2,
2018 (AD Supplemental Questions).
4 See Letter from the petitioner, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China: Response to the Department’s January 2,
2018 Supplemental Questions Regarding Volumes I
and II of the Petition for the Imposition of
Antidumping and Countervailing Duties’’ dated
January 5, 2018 (General Issues and China AD
Supplement).
5 See Letter from the petitioner, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China: Amendment to the Petition for the
Imposition of Antidumping and Countervailing
Duties’’ dated January 12, 2018 (Scope
Clarification).
6 See the ‘‘Determination of Industry Support for
the Petition’’ section, below.
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POI for this investigation is April 1,
2017, through September 30, 2017.
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.7
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).8 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,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
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.10
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
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such comments must
be filed on the records of each of the
concurrent AD and CVD investigations.
7 See General Issues Supplemental Questions and
AD Supplemental Questions; see also General
Issues and China AD Supplement, at 2–4 and
Exhibit COM-Supp-2; and Scope Clarification.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 See 19 CFR 351.303(b).
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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).11
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.
sradovich on DSK3GMQ082PROD with NOTICES
Comments on Product Characteristics
for AD Questionnaires
Commerce will provide interested
parties an opportunity to comment on
the appropriate physical characteristics
of plastic decorative ribbon to be
reported in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the merchandise under
consideration in order to report the
relevant costs of production accurately
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
plastic decorative ribbon, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
11 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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physical characteristics should be used
in matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on February 5,
2018. Any rebuttal comments must be
filed by 5:00 p.m. ET on February 15,
2018. All comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of the less-than-fair-value
investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(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
12 See
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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
support in terms of that domestic like
product.14
In determining whether the petitioner
has standing under section 732(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,’’ in 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 AD
Supplement, and other information
readily available to Commerce indicates
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)).
14 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklist: Certain Plastic
Decorative Ribbon from the People’s Republic of
China (China AD 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 AD
Supplement, at 4.
16 Id. For further discussion, see China AD
Initiation Checklist, at Attachment II.
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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 732(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 732(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
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 732(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 AD
investigation that it is requesting that
Commerce initiate.21
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Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). 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;
17 See China AD Initiation Checklist, at
Attachment II.
18 See section 732(c)(4)(D) of the Act; see also
China AD Initiation Checklist, at Attachment II.
19 See China AD Initiation Checklist, at
Attachment II.
20 Id.
21 Id.
22 See Volume I of the Petition, at 13 and Exhibit
I–7; see also General Issues and China AD
Supplement, at 4–5 and Exhibit COM-Supp-3.
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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, negligibility, and
causation, and we have determined that
these allegations are properly supported
by adequate evidence, and meet the
statutory requirements for initiation.24
Allegation of Sales at Less Than Fair
Value
The following is a description of the
allegation of sales at less than fair value
upon which Commerce based its
decision to initiate the AD investigation
of imports of plastic decorative ribbon
from China. The sources of data for the
petitioner’s calculations relating to U.S.
price and NV are discussed in greater
detail in the initiation checklist.25
Export Price
The petitioner based U.S. price on
export price (EP) using price quotes for
sales of plastic decorative ribbon
produced in and exported from China to
unaffiliated U.S. customers.26
Normal Value
Commerce considers China to be a
non-market economy (NME) country.27
In accordance with section 771(18)(C)(i)
of the Act, the presumption of NME
status remains in effect until revoked by
Commerce. The presumption of NME
status for China has not been revoked by
Commerce and, therefore, remains in
effect for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on factors
of production (FOPs) valued in a
surrogate market economy country, in
accordance with section 773(c) of the
Act.28
The petitioner states that Thailand is
an appropriate surrogate country for
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 AD Supplement, at 4–5 and
Exhibits COM-Supp-3 and COM-Supp-4.
24 See China AD 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).
25 See China AD Initiation Checklist.
26 Id.
27 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair-Value and Postponement of
Final Determination, 82 FR 50858, 50871
(November 2, 2017), and accompanying decision
memorandum, China’s Status as a Non-Market
Economy; see also Volume II of the Petitions, at 10–
11.
28 See China AD Initiation Checklist.
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China, because it is a market economy
country that is at a level of economic
development comparable to that of
China, it is a significant producer of
comparable merchandise, and public
information from Thailand is available
to value all material input factors.29
Based on the information provided by
the petitioner, we determine that it is
appropriate to use Thailand as a
surrogate country for initiation
purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs no later than
30 days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters is not available, the
petitioner relied on its own production
experience as a domestic producer of
plastic decorative ribbon in the United
States as an estimate of Chinese
manufacturers’ FOPs.30 The petitioner
valued the estimated FOPs using
surrogate values from Thailand.31
Additionally, for the surrogate values
denominated in Thai Baht, the
petitioner converted Thai Baht prices
into U.S. Dollars using the average
exchange rate available on Commerce’s
website.32
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of plastic decorative ribbon
from China are being, or are likely to be,
sold in the United States at less than fair
value. Based on comparisons of EP to
NV in accordance with sections 772 and
773 of the Act, the estimated dumping
margins for plastic decorative ribbon
from China range from 74.34 percent to
370.04 percent.33
Initiation of the Less-Than-Fair-Value
Investigation
Based upon the examination of the
Petition, we find that the Petition meets
the requirements of section 732 of the
Act. Therefore, we are initiating this AD
investigation to determine whether
imports of plastic decorative ribbon
from China are being, or are likely to be,
29 See Volume II of the Petition at 7–9 and Exhibit
II–5.
30 Id. at 9 and Exhibit II–2.
31 Id. at 17 and Exhibits II–10.
32 Id. at 16 and Exhibit II–10.
33 See Volume II of the Petition at 22 and Exhibit
II–10.
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sold in the United States at less than fair
value. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 140 days after the date of this
initiation.
Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD law
were made.34 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.35 The
amendments to sections 771(15), 773,
776, and 782 of the Act are applicable
to all determinations made on or after
August 6, 2015, and, therefore, apply to
this AD investigation.36
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Respondent Selection
The petitioner named 51 producers/
exporters of plastic decorative ribbon
from China.37 In accordance with our
standard practice for respondent
selection in AD cases involving NME
countries, we intend to issue quantity
and value (Q&V) questionnaires to
producers/exporters of merchandise
subject to 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 the responses received. For this
investigation, Commerce will request
Q&V information from known exporters
and producers identified with complete
contact information in the Petition. In
addition, Commerce will post the Q&V
questionnaires along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of plastic
decorative ribbon from China that do
not receive Q&V questionnaires by mail
may still submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Enforcement & Compliance’s website.
The Q&V response must be submitted
34 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
35 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).
36 Id. at 46794–95. The 2015 amendments may be
found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl.
37 See Volume I of the Petition at Exhibit I–6.
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by the relevant Chinese exporters/
producers no later than 5:00 p.m. ET on
January 30, 2018. All Q&V responses
must be filed electronically via
ACCESS.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.38 The specific requirements
for submitting a separate-rate
application are outlined in detail in the
application itself, which is available on
Commerce’s website at https://
enforcement.trade.gov/nme/nme-seprate.html. The separate-rate application
will be due 30 days after publication of
this initiation notice.39 Exporters and
producers who submit a separate-rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate-rate status
only if they timely respond to all parts
of Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V response will not
receive separate-rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
38 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf
(Policy Bulletin 05.1).
39 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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3129
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.40
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
government of China 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 732(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.41 A
negative ITC determination will result
in the investigation being terminated.42
Otherwise, the investigation will
proceed according to statutory and
regulatory time limits.
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 43 and, 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.44 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
40 See
41 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
42 Id.
43 See
44 See
E:\FR\FM\23JAN1.SGM
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
23JAN1
3130
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
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
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.
sradovich on DSK3GMQ082PROD with NOTICES
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.45
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.46
Investigations initiated on the basis of
Petitions 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
45 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.
46 See
VerDate Sep<11>2014
17:59 Jan 22, 2018
Jkt 244001
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 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
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 eggshaped 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,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
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 ‘‘prenotched’’ 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
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
E:\FR\FM\23JAN1.SGM
23JAN1
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
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 investigation 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. 2018–01148 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Highly Migratory
Species Dealer Reporting Family of
Forms
National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before March 26, 2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:59 Jan 22, 2018
Jkt 244001
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Dianne Stephan, Atlantic
Highly Migratory Species Management
Division, National Marine Fisheries
Service, 55 Great Republic Drive,
Gloucester, MA 01930, (978) 281–9260
or Dianne.Stephan@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for extension of a
currently approved information
collection.
Under the provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), the National Marine
Fisheries Service (NMFS) is responsible
for management of the Nation’s marine
fisheries. NMFS must also promulgate
regulations, as necessary and
appropriate, to carry out obligations the
United States (U.S.) undertakes
internationally regarding tuna
management through the Atlantic Tunas
Convention Act (ATCA, 16 U.S.C. 971 et
seq.).
This collection serves as a family of
forms for Atlantic highly migratory
species (HMS) dealer reporting,
including purchases of HMS from
domestic fishermen, and the import,
export, and/or re-export of HMS,
including federally managed tunas,
sharks, and swordfish.
Transactions covered under this
collection include purchases of Atlantic
HMS from domestic fishermen; and the
import/export of all bluefin tuna, frozen
bigeye tuna, southern bluefin tuna or
swordfish under the HMS International
Trade Program, regardless of geographic
area of origin. This information is used
to monitor the harvest of domestic
fisheries, and/or track international
trade of internationally managed
species.
The domestic dealer reporting
covered by this collection includes
weekly electronic landing reports and
negative reports (i.e., reports of no
activity) of Atlantic swordfish, sharks,
bigeye tuna, albacore, yellowfin, and
skipjack tunas (collectively referred to
as BAYS tunas), and biweekly and
electronic daily landing reports for
bluefin tuna, including tagging of
individual fish. Because of the recent
development of an individual bluefin
quota (IBQ) management system (RIN
0648–BC09), electronic entry of IBQrelated landing data is required for
Atlantic bluefin tuna purchased from
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
3131
Longline and Purse seine category
vessels. NMFS intends to consider
integrating the electronic dealer
reporting for bluefin tuna and electronic
reporting for the IBQ system; however,
at this time, dealers must submit limited
bluefin tuna landings data to both
NMFS systems for purse seine and
pelagic longline vessels.
International trade tracking programs
are required by both the International
Commission for the Conservation of
Atlantic Tunas (ICCAT) and the InterAmerican Tropical Tuna Commission
(IATTC) to account for all international
trade of covered species. The U.S. is a
member of ICCAT and IATTC and
required by ATCA and the Tunas
Convention Act (16 U.S.C. 951 et. seq.,
consecutively) to promulgate
regulations as necessary and appropriate
to implement ICCAT and IATTC
recommendations. These programs
require that a statistical document or
catch document accompany each export
from and import to a member nation,
and that a re-export certificate
accompany each re-export. The
international trade reporting
requirements covered by this collection
include implementation of catch
document, statistical document, and reexport certificate trade tracking
programs for bluefin tuna, frozen bigeye
tuna, and swordfish. An electronic catch
document program for bluefin tuna
(EBCD) was recommended by ICCAT
and implemented by the United States
in 2016 (0648–BF17). U.S. regulations
implementing ICCAT statistical
document and catch document
programs require statistical documents
and catch documents for international
transactions of the covered species from
all ocean areas, so Pacific imports and
exports must also be accompanied by
statistical documents and catch
documents. Since there are statistical
document programs in place under
other international conventions (e.g., the
Indian Ocean Tuna Commission), a
statistical document or catch document
from another program may be used to
satisfy the statistical document
requirement for imports into the United
States.
Dealers who internationally trade
Southern bluefin tuna are required to
participate in a trade tracking program
to ensure that imported Atlantic and
Pacific bluefin tuna will not be
intentionally mislabeled as ‘‘southern
bluefin’’ to circumvent reporting
requirements. This action is authorized
under ATCA, which provides for the
promulgation of regulations as may be
necessary and appropriate to carry out
ICCAT recommendations.
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3126-3131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01148]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-075]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 16, 2018.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley at (202) 482-3148, 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 an antidumping duty (AD) 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 AD Petition was
accompanied by a countervailing duty (CVD) petition concerning imports
of plastic decorative ribbon from China. The petitioner is a domestic
producer of plastic decorative ribbon.\2\
---------------------------------------------------------------------------
\1\ See Letter to the Secretary of Commerce, ``Certain 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.
---------------------------------------------------------------------------
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\ On January 12, 2018, the petitioner filed a
submission clarifying the scope language.\5\
---------------------------------------------------------------------------
\3\ See Letter from Commerce, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Plastic
Decorative Ribbon from the People's Republic of China: Supplemental
Questions'' dated January 2, 2018 (General Issues Supplemental
Questions); see also Letter from Commerce, ``Petition for the
Imposition of Antidumping Duties on Imports of Certain Plastic
Decorative Ribbons from the People's Republic of China: Supplemental
Questions'' dated January 2, 2018 (AD Supplemental Questions).
\4\ See Letter from the petitioner, ``Certain Plastic Decorative
Ribbon from the People's Republic of China: Response to the
Department's January 2, 2018 Supplemental Questions Regarding
Volumes I and II of the Petition for the Imposition of Antidumping
and Countervailing Duties'' dated January 5, 2018 (General Issues
and China AD Supplement).
\5\ See Letter from the petitioner, ``Certain Plastic Decorative
Ribbon from the People's Republic of China: Amendment to the
Petition for the Imposition of Antidumping and Countervailing
Duties'' dated January 12, 2018 (Scope Clarification).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of plastic
decorative ribbon from China are being, or are likely to be, sold in
the United States at less than fair value within the meaning of section
731 of the Act, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing plastic
decorative ribbon in the United States. Consistent with section
732(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) and (F) of the Act. Commerce also finds
that the petitioner demonstrated sufficient industry support with
respect to the initiation of the AD investigation that the petitioner
is requesting.\6\
---------------------------------------------------------------------------
\6\ See the ``Determination of Industry Support for the
Petition'' section, below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on December 27, 2017, and China is a
non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the
POI for this investigation is April 1, 2017, through September 30,
2017.
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.\7\
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questions and AD
Supplemental Questions; see also General Issues and China AD
Supplement, at 2-4 and Exhibit COM-Supp-2; and Scope Clarification.
---------------------------------------------------------------------------
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).\8\ 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,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, 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.\10\
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
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 investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the records of each of the concurrent AD and CVD investigations.
[[Page 3127]]
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).\11\ 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.
---------------------------------------------------------------------------
\11\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaires
Commerce will provide interested parties an opportunity to comment
on the appropriate physical characteristics of plastic decorative
ribbon to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the merchandise under consideration in order to report the relevant
costs of production accurately as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics and (2) product-comparison criteria. We note that it is
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe plastic decorative ribbon, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, all product
characteristics comments must be filed by 5:00 p.m. ET on February 5,
2018. Any rebuttal comments must be filed by 5:00 p.m. ET on February
15, 2018. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
less-than-fair-value investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Certain Plastic
Decorative Ribbon from the People's Republic of China (China AD
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
732(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,'' in 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 AD Supplement, at 4.
\16\ Id. For further discussion, see China AD Initiation
Checklist, at Attachment II.
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Our review of the data provided in the Petition, General Issues and
China AD Supplement, and other information readily available to
Commerce indicates
[[Page 3128]]
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
732(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 732(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 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 732(b)(1) of the Act.
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\17\ See China AD Initiation Checklist, at Attachment II.
\18\ See section 732(c)(4)(D) of the Act; see also China AD
Initiation Checklist, at Attachment II.
\19\ See China AD 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 AD investigation that it is
requesting that Commerce initiate.\21\
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\21\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). 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 AD 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, negligibility, 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 AD Supplement,
at 4-5 and Exhibits COM-Supp-3 and COM-Supp-4.
\24\ See China AD 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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Allegation of Sales at Less Than Fair Value
The following is a description of the allegation of sales at less
than fair value upon which Commerce based its decision to initiate the
AD investigation of imports of plastic decorative ribbon from China.
The sources of data for the petitioner's calculations relating to U.S.
price and NV are discussed in greater detail in the initiation
checklist.\25\
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\25\ See China AD Initiation Checklist.
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Export Price
The petitioner based U.S. price on export price (EP) using price
quotes for sales of plastic decorative ribbon produced in and exported
from China to unaffiliated U.S. customers.\26\
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\26\ Id.
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Normal Value
Commerce considers China to be a non-market economy (NME)
country.\27\ In accordance with section 771(18)(C)(i) of the Act, the
presumption of NME status remains in effect until revoked by Commerce.
The presumption of NME status for China has not been revoked by
Commerce and, therefore, remains in effect for purposes of the
initiation of this investigation. Accordingly, NV in China is
appropriately based on factors of production (FOPs) valued in a
surrogate market economy country, in accordance with section 773(c) of
the Act.\28\
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\27\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair-Value and Postponement of
Final Determination, 82 FR 50858, 50871 (November 2, 2017), and
accompanying decision memorandum, China's Status as a Non-Market
Economy; see also Volume II of the Petitions, at 10-11.
\28\ See China AD Initiation Checklist.
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The petitioner states that Thailand is an appropriate surrogate
country for China, because it is a market economy country that is at a
level of economic development comparable to that of China, it is a
significant producer of comparable merchandise, and public information
from Thailand is available to value all material input factors.\29\
Based on the information provided by the petitioner, we determine that
it is appropriate to use Thailand as a surrogate country for initiation
purposes.
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\29\ See Volume II of the Petition at 7-9 and Exhibit II-5.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs no later than 30 days before the
scheduled date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters is not available, the petitioner relied on
its own production experience as a domestic producer of plastic
decorative ribbon in the United States as an estimate of Chinese
manufacturers' FOPs.\30\ The petitioner valued the estimated FOPs using
surrogate values from Thailand.\31\ Additionally, for the surrogate
values denominated in Thai Baht, the petitioner converted Thai Baht
prices into U.S. Dollars using the average exchange rate available on
Commerce's website.\32\
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\30\ Id. at 9 and Exhibit II-2.
\31\ Id. at 17 and Exhibits II-10.
\32\ Id. at 16 and Exhibit II-10.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of plastic decorative ribbon from China are being,
or are likely to be, sold in the United States at less than fair value.
Based on comparisons of EP to NV in accordance with sections 772 and
773 of the Act, the estimated dumping margins for plastic decorative
ribbon from China range from 74.34 percent to 370.04 percent.\33\
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\33\ See Volume II of the Petition at 22 and Exhibit II-10.
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Initiation of the Less-Than-Fair-Value Investigation
Based upon the examination of the Petition, we find that the
Petition meets the requirements of section 732 of the Act. Therefore,
we are initiating this AD investigation to determine whether imports of
plastic decorative ribbon from China are being, or are likely to be,
[[Page 3129]]
sold in the United States at less than fair value. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD law were made.\34\ 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.\35\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to this AD investigation.\36\
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\34\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\35\ 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).
\36\ Id. at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection
The petitioner named 51 producers/exporters of plastic decorative
ribbon from China.\37\ In accordance with our standard practice for
respondent selection in AD cases involving NME countries, we intend to
issue quantity and value (Q&V) questionnaires to producers/exporters of
merchandise subject to 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 the responses received. For
this investigation, Commerce will request Q&V information from known
exporters and producers identified with complete contact information in
the Petition. In addition, Commerce will post the Q&V questionnaires
along with filing instructions on Enforcement and Compliance's website
at https://www.trade.gov/enforcement/news.asp.
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\37\ See Volume I of the Petition at Exhibit I-6.
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Producers/exporters of plastic decorative ribbon from China that do
not receive Q&V questionnaires by mail may still submit a response to
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire
from Enforcement & Compliance's website. The Q&V response must be
submitted by the relevant Chinese exporters/producers no later than
5:00 p.m. ET on January 30, 2018. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\38\
The specific requirements for submitting a separate-rate application
are outlined in detail in the application itself, which is available on
Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after
publication of this initiation notice.\39\ Exporters and producers who
submit a separate-rate application and have been selected as mandatory
respondents will be eligible for consideration for separate-rate status
only if they timely respond to all parts of Commerce's AD questionnaire
as mandatory respondents. Commerce requires that companies from China
submit a response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V response will not receive separate-rate consideration.
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\38\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\39\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\40\
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\40\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of China 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
732(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.\41\ A negative ITC determination will result in the
investigation being terminated.\42\ Otherwise, the investigation will
proceed according to statutory and regulatory time limits.
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\41\ See section 733(a) of the Act.
\42\ 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
\43\ and, 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.\44\ 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
[[Page 3130]]
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\43\ See 19 CFR 351.301(b).
\44\ 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.\45\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives.\46\ Investigations initiated on the basis of Petitions
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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\45\ See section 782(b) of the Act.
\46\ 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 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
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 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
[[Page 3131]]
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
investigation 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. 2018-01148 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P