Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation, 14257-14262 [2018-06727]

Download as PDF Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 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 a 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 untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-201309-20/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.41 Parties must use the certification formats provided in 19 CFR 351.303(g).42 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305.43 41 See section 782(b) of the Act. also Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); frequently asked questions regarding the Final Rule, available at http:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 43 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 amozie on DSK30RV082PROD with NOTICES 42 See VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 14257 This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). purposes, the written description of the scope is dispositive. Dated: March 27, 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. BILLING CODE 3510–DS–P Appendix—Scope of the Investigation The merchandise covered by this investigation is laminated woven sacks. Laminated woven sacks are bags consisting of one or more plies of fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxiallyoriented polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or any film suitable for printing, or to an exterior ply of paper; printed; displaying, containing, or comprising three or more visible colors (e.g., laminated woven sacks printed with three different shades of blue would be covered by the scope), not including the color of the woven fabric; regardless of the type of printing process used; with or without lining; with or without handles; with or without special closing features (including, but not limited to, closures that are sewn, glued, easy-open (e.g., tape or thread), re-closable (e.g., slider, hook and loop, zipper), hotwelded, adhesive-welded, or press- to-close); whether finished or unfinished (e.g., whether or not closed on one end and whether or not in roll form, including, but not limited to, sheets, lay-flat, or formed in tubes); not exceeding one kilogram in actual weight. Laminated woven sacks produced in the Socialist Republic of Vietnam are subject to the scope regardless of the country of origin of the fabric used to make the sack. Subject laminated woven sacks are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 6305.33.0040. If entered with plastic coating on both sides of the fabric consisting of woven polypropylene strip and/ or woven polyethylene strip, laminated woven sacks may be classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If entered not closed on one end or in roll form (including, but not limited to, sheets, lay-flat tubing, and sleeves), laminated woven sacks may be classifiable under other HTSUS subheadings, including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or polyethylene strips making up the fabric measure more than 5 millimeters in width, laminated woven sacks may be classifiable under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS subheadings are provided for convenience and customs procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 [FR Doc. 2018–06728 Filed 4–2–18; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–552–823] Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective March 27, 2018. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406 or (202) 482–0890, respectively. AGENCY: SUPPLEMENTARY INFORMATION: The Petition On March 7, 2018, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) Petition concerning imports of laminated woven sacks (LWS) from the Socialist Republic of Vietnam (Vietnam), filed in proper form on behalf of the Laminated Woven Sacks Fair Trade Coalition and its individual members, Polytex Fibers Corporation and ProAmpac Holdings Inc. (collectively, the petitioners).1 The AD Petition was accompanied by a countervailing duty (CVD) petition concerning imports of LWS from Vietnam. The petitioners are domestic producers of LWS.2 On March 12, 16, and 26, 2018, Commerce requested supplemental information pertaining to certain areas of the Petition.3 The petitioners filed 1 See Petitioners’ Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks From the Socialist Republic of Vietnam,’’ (March 7, 2018) (the Petition); see also Petitioners’ Letter ‘‘Antidumping and Countervailing Duty Investigations of Laminated Woven Sacks From the Socialist Republic of Vietnam: Correction to Petitioner’s Name,’’ dated March 16, 2018 (clarifying the name of ProAmpac Holdings Inc.). 2 See Volume I of the Petition, at 2 and Exhibit I–1. 3 See Commerce Letter re: ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Laminated Woven Sacks from the Socialist Republic of Vietnam: Supplemental E:\FR\FM\03APN1.SGM Continued 03APN1 14258 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices responses to these requests on March 14, 2018,4 March 19, 2018,5 and March 27, 2018.6 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of LWS from Vietnam 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 LWS in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed this Petition on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C), (E) and (F) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the AD investigation that the petitioners are requesting.7 amozie on DSK30RV082PROD with NOTICES Period of Investigation Because the Petition was filed on March 7, 2018, and Vietnam is a nonmarket economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is July 1, 2017, through December 31, 2017. Questions,’’ dated March 12, 2018; see also Commerce Letter re: ‘‘Petition for the Imposition of Antidumping Duties on Imports of Laminated Woven Sacks from the Socialist Republic of Vietnam: Supplemental Questions,’’ dated March 12, 2018. See also Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks from the Socialist Republic of Vietnam, Phone Call with Counsel to the Petitioners,’’ dated March 16, 2018. See also Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks from the Socialist Republic of Vietnam, Phone Call with Counsel to the Petitioners,’’ dated March 26, 2018. 4 See Petitioners’ Letter, ‘‘Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Petitioners’ Responses to Supplemental Questions Relating to Volume I: General Issues’’ dated March 14, 2018 (General Issues Supplement); see also Petitioners’ Letter, ‘‘Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Petitioners’ Responses to Supplemental Questions Relating to Volume II: Antidumping Duties,’’ dated March 14, 2018 (AD Supplement). 5 See Petitioners’ Letter, ‘‘Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Petitioners’ Responses to Second Supplemental Questions Relating to Volume I: General Issues,’’ dated March 19, 2018 (Second General Issues Supplement). 6 See Petitioners’ Letter, ‘‘Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Petitioners’ Responses to Second Supplemental Questions Relating to Volume I: General Issues,’’ dated March 27, 2018 (Third General Issues Supplement). 7 See the ‘‘Determination of Industry Support for the Petition’’ section, below. VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 Scope of the Investigation The products covered by this investigation are LWS from Vietnam. 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 petitioners 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.8 Commerce also held two conference calls with the petitioners regarding the scope language.9 As a result of these exchanges, the scope of the Petition was modified to clarify the description of the merchandise covered by the Petition.10 The description of the merchandise covered by this initiation, as described by the Appendix to this notice, reflects these clarifications. 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).11 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,12 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, April 16, 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, April 26, 2018, which is 10 calendar days from the initial comments deadline.13 8 See General Issues Supplement; see also Second General Issues Supplement. 9 See Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks from the Socialist Republic of Vietnam, Phone Call with Counsel to the Petitioners,’’ dated March 16, 2018; see also Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks from the Socialist Republic of Vietnam, Phone Call with Counsel to the Petitioners,’’ dated March 26, 2018. 10 See Second General Issues Supplement; see also Third General Issues Supplement. 11 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 12 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 13 See 19 CFR 351.303(b). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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 the concurrent AD and CVD investigations of LWS from Vietnam. 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).14 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. Comments on Product Characteristics for AD Questionnaires Commerce will provide interested parties an opportunity to comment on the appropriate physical characteristics of LWS 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 production information accurately as well as to develop appropriate productcomparison criteria. Interested parties may provide any information or comments that they believe 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 14 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. E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices amozie on DSK30RV082PROD with NOTICES (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 LWS, 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 April 16, 2018. Any rebuttal comments must be filed by 5:00 p.m. ET on April 26, 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 VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 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,15 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.16 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 petitioners do not offer a definition of the domestic like product distinct from the scope of the Petition. Based on our analysis of the information submitted on the record, we have determined that LWS, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.17 In determining whether the petitioners have 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. To establish industry support, the petitioners provided their shipments of the domestic like product in 2017 and compared these shipments to the estimated total shipments of the 15 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)). 17 For a discussion of the domestic like product analysis, see Enforcement and Compliance Office of AD/CVD Operations Antidumping Duty Investigation Initiation Checklist: Laminated Woven Sacks from the Socialist Republic of Vietnam (Vietnam AD Initiation Checklist), at Attachment II, Industry Support (Attachment II). This checklist is dated concurrently with, and hereby adopted by, 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 Commerce building. 14259 domestic like product for the entire domestic industry.18 Because total industry production data for the domestic like product for 2017 are not reasonably available to the petitioners, and the petitioners have established that shipments are a reasonable proxy for production data,19 we have relied on the data the petitioners provided for purposes of measuring industry support.20 Our review of the data provided in the Petition, the General Issues Supplement, the Second General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petition.21 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).22 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.23 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.24 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 petitioners filed the Petition on behalf of the domestic industry because they are interested parties as defined in sections 771(9)(C), (E), and (F) of the Act, and they have demonstrated sufficient industry support with respect to the AD 16 See PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 18 See Second General Issues Supplement, at 1 and Exhibit I–2S1. 19 See General Issues Supplement, at 7 and Exhibit I–S3. 20 Id; see also Second General Issues Supplement, at 1 and Exhibit I–2S1. For further discussion, see Vietnam AD Initiation Checklist, at Attachment II. 21 See Vietnam AD Initiation Checklist, at Attachment II. 22 See section 732(c)(4)(D) of the Act; see also Vietnam AD Initiation Checklist, at Attachment II. 23 See Vietnam AD Initiation Checklist, at Attachment II. 24 Id. E:\FR\FM\03APN1.SGM 03APN1 14260 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices investigation that they are requesting that Commerce initiate.25 petitioners made deductions from U.S. price consistent with the terms of sale.32 Allegations and Evidence of Material Injury and Causation Normal Value Commerce considers Vietnam to be an NME country.33 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 Vietnam has not been revoked by Commerce and, therefore, remains in effect for purposes of the initiation of this investigation. Accordingly, NV in Vietnam is appropriately based on factors of production (FOPs) valued in a surrogate market economy country, in accordance with section 773(c) of the Act.34 The petitioners state that India is an appropriate surrogate country for Vietnam, because it is a market economy country that is at a level of economic development comparable to that of Vietnam, it is a significant producer of comparable merchandise, and public information from India is available to value all material inputs.35 Based on the information provided by the petitioners, we determine that it is appropriate to use India 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. The petitioners allege 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 petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.26 The petitioners contend 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; a decline in U.S. shipments, capacity utilization, production, and financial performance; and the magnitude of the alleged dumping margins.27 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.28 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 LWS from Vietnam. The sources of data for the petitioners’ calculations relating to U.S. price and NV are discussed in greater detail in the Vietnam AD Initiation Checklist.29 Export Price The petitioners based U.S. price on export price (EP) using the average unit value of publicly available import data.30 The petitioners also based the U.S. price on EP using price quotes for sales of LWS produced in, and exported from, Vietnam and offered for sale in the United States.31 Where applicable, the 25 Id. amozie on DSK30RV082PROD with NOTICES 26 See Volume I of the Petition, at Exhibit I–7; see also General Issues Supplement, at 9. 27 See Volume I of the Petition, at 14–25 and Exhibits I–7 through I–9; see also General Issues Supplement, at 1, 9 and Exhibits I–S6 and I–S7. 28 See Vietnam AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation (Attachment III). 29 See Vietnam AD Initiation Checklist. 30 Id. 31 See Vietnam AD Initiation Checklist. VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 Factors of Production The petitioners state that they do not have access to the Vietnamese producers’ factors of production and consumption rates for those FOPs. Therefore, the petitioners relied on their own experience and other information reasonably available.36 The petitioners valued the estimated FOPs using surrogate values from India.37 Additionally, for the surrogate values denominated in Indian rupees (INR), the petitioners converted INR prices into 32 See Vietnam AD Initiation Checklist. Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014–2016, 82 FR 26050 (82 FR 26050) (unchanged in Certain Steel Nails From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2014– 2016, 82 FR 45266 (September 28, 2017). 34 See Vietnam AD Initiation Checklist. 35 See Volume II of the Petition at 4, and Exhibits II–1A, and II–1B. 36 Id. at 6 and Exhibit II–7; see also AD Supplement, at 3 and Exhibit II–S5. 37 Id. at 6–8 and Exhibits II–9 through II–11; see also AD Supplement, at 3–4 and Exhibits II–S6, II– S8, and II–S9. 33 See PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 U.S. dollars using the average exchange rate for the POI available on Commerce’s website.38 Fair Value Comparisons Based on the data provided by the petitioners, there is reason to believe that imports of LWS from Vietnam 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 LWS from Vietnam range from 101.73 percent to 292.61 percent.39 Initiation of the Less-Than-Fair-Value Investigation Based upon our 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 LWS from Vietnam are being, or are likely to be, 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.40 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.41 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.42 Respondent Selection The petitioners named 27 producers/ exporters of LWS from Vietnam.43 In accordance with our standard practice for respondent selection in AD cases involving NME countries, we intend to issue quantity and value (Q&V) 38 Id. at 6 and Exhibit II–8A. AD Supplement at 4, and Exhibit II–S2. 40 See Trade Preferences Extension Act of 2015, Pubic Law 114–27, 129 Stat. 362 (2015). 41 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). 42 Id. at 46794–95. The 2015 amendments may be found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl. 43 See General Issues Supplement at 4, and Exhibit I–S1. 39 See E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 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 based on Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents based on the Q&V questionnaire 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 questionnaire along with filing instructions on Enforcement and Compliance’s website at http:// www.trade.gov/enforcement/news.asp. Producers/exporters of LWS from Vietnam 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 questionnaire response must be submitted by the relevant Vietnamese exporters/producers no later than 5:00 p.m. ET on April 10, 2018. All Q&V questionnaire responses must be filed electronically via ACCESS. amozie on DSK30RV082PROD with NOTICES Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.44 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 http:// enforcement.trade.gov/nme/nme-seprate.html. The separate-rate application will be due 30 days after publication of this initiation notice.45 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 Vietnam 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 44 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 http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). 45 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. VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 filing a timely Q&V questionnaire 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 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.46 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 Vietnam 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 LWS from Vietnam, are materially injuring or threatening material injury to a U.S. industry.47 A negative ITC determination will result in the investigation being terminated.48 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 46 See 47 See Policy Bulletin 05.1 at 6 (emphasis added). section 733(a) of the Act. 48 Id. PO 00000 Frm 00024 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 49 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.50 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 a 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 untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in this investigation. 49 See 50 See Fmt 4703 Sfmt 4703 14261 E:\FR\FM\03APN1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 03APN1 14262 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.51 Parties must use the certification formats provided in 19 CFR 351.303(g).52 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 351.305.53 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: March 27, 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 laminated woven sacks. Laminated woven sacks are bags consisting of one or more plies of fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxiallyoriented polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or any film suitable for printing, or to an exterior ply of paper; printed; displaying, containing, or comprising three or more visible colors (e.g., laminated woven sacks printed with three different shades of blue would be covered by the scope), not including the color of the woven fabric; regardless of the type of printing process used; with or without lining; with or without handles; with or without special closing features (including, but not limited to, closures that are sewn, glued, easy-open (e.g., tape or thread), re-closable (e.g., slider, hook and loop, zipper), hotwelded, adhesive-welded, or press- to-close); whether finished or unfinished (e.g., whether 51 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); see also frequently asked questions regarding the Final Rule, available at http:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 53 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)). amozie on DSK30RV082PROD with NOTICES 52 See VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 or not closed on one end and whether or not in roll form, including, but not limited to, sheets, lay-flat, or formed in tubes); not exceeding one kilogram in actual weight. Laminated woven sacks produced in the Socialist Republic of Vietnam are subject to the scope regardless of the country of origin of the fabric used to make the sack. Subject laminated woven sacks are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 6305.33.0040. If entered with plastic coating on both sides of the fabric consisting of woven polypropylene strip and/ or woven polyethylene strip, laminated woven sacks may be classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If entered not closed on one end or in roll form (including, but not limited to, sheets, lay-flat tubing, and sleeves), laminated woven sacks may be classifiable under other HTSUS subheadings, including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or polyethylene strips making up the fabric measure more than 5 millimeters in width, laminated woven sacks may be classifiable under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2018–06727 Filed 4–2–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–073] Common Alloy Aluminum Sheet From the People’s Republic of China: Postponement of Preliminary Determination of the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective April 3, 2018. FOR FURTHER INFORMATION CONTACT: Tom Bellhouse at (202) 482–2057 or Deborah Scott at (202) 482–2657, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 28, 2017, the Department of Commerce (Commerce) initiated an antidumping duty investigation concerning imports of common alloy aluminum sheet (aluminum sheet) from the People’s PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Republic of China.1 The notice of initiation stated that Commerce, in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1), would issue its preliminary determination no later than 140 days after the date of the initiation, unless postponed.2 Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day.3 The current deadline for the preliminary determination of this investigation is no later than April 20, 2018. Postponement of Preliminary Determination On March 19, 2018, the Aluminum Association Common Alloy Sheet Trade Enforcement Working Group (the Domestic Industry), made a request for a 50-day postponement of the preliminary determination in this investigation to provide Commerce with sufficient time to review submissions and request supplemental information, in order to arrive at the most accurate results possible.4 No other parties commented. Pursuant to section 733(c)(1)(B) of the Act and 19 CFR 351.205(b)(2), Commerce has the authority to extend the deadline for the preliminary determination in this investigation. Because Commerce has the support of cooperating parties and has deemed the investigation to be extraordinarily complicated, Commerce is postponing the deadline for the preliminary determination by 50 days, until June 11, 2018, in accordance with section 1 See Common Alloy Aluminum Sheet from the People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 82 FR 57214 (November 28, 2017) (Initiation Notice); see also Memorandum, ‘‘Initiation of the Antidumping Duty Investigation of Common Alloy Aluminum Sheet from the People’s Republic of China,’’ dated November 28, 2017 (Initiation Memorandum). 2 Id., 82 FR at 57217. 3 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 4 See Letter, ‘‘Common Alloy Aluminum Sheet from the People’s Republic of China—Domestic Industry Request for Postponement of the Preliminary Determination,’’ dated March 19, 2018. E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14257-14262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06727]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-823]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Initiation of Less-Than-Fair-Value Investigation

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

DATES: Effective March 27, 2018.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890, 
respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On March 7, 2018, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) Petition concerning imports of 
laminated woven sacks (LWS) from the Socialist Republic of Vietnam 
(Vietnam), filed in proper form on behalf of the Laminated Woven Sacks 
Fair Trade Coalition and its individual members, Polytex Fibers 
Corporation and ProAmpac Holdings Inc. (collectively, the 
petitioners).\1\ The AD Petition was accompanied by a countervailing 
duty (CVD) petition concerning imports of LWS from Vietnam. The 
petitioners are domestic producers of LWS.\2\
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    \1\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Laminated Woven Sacks From 
the Socialist Republic of Vietnam,'' (March 7, 2018) (the Petition); 
see also Petitioners' Letter ``Antidumping and Countervailing Duty 
Investigations of Laminated Woven Sacks From the Socialist Republic 
of Vietnam: Correction to Petitioner's Name,'' dated March 16, 2018 
(clarifying the name of ProAmpac Holdings Inc.).
    \2\ See Volume I of the Petition, at 2 and Exhibit I-1.
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    On March 12, 16, and 26, 2018, Commerce requested supplemental 
information pertaining to certain areas of the Petition.\3\ The 
petitioners filed

[[Page 14258]]

responses to these requests on March 14, 2018,\4\ March 19, 2018,\5\ 
and March 27, 2018.\6\
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    \3\ See Commerce Letter re: ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Laminated Woven 
Sacks from the Socialist Republic of Vietnam: Supplemental 
Questions,'' dated March 12, 2018; see also Commerce Letter re: 
``Petition for the Imposition of Antidumping Duties on Imports of 
Laminated Woven Sacks from the Socialist Republic of Vietnam: 
Supplemental Questions,'' dated March 12, 2018. See also Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Laminated Woven Sacks from the Socialist Republic of 
Vietnam, Phone Call with Counsel to the Petitioners,'' dated March 
16, 2018. See also Memorandum, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Laminated Woven Sacks from 
the Socialist Republic of Vietnam, Phone Call with Counsel to the 
Petitioners,'' dated March 26, 2018.
    \4\ See Petitioners' Letter, ``Investigation of Laminated Woven 
Sacks From the Socialist Republic of Vietnam: Petitioners' Responses 
to Supplemental Questions Relating to Volume I: General Issues'' 
dated March 14, 2018 (General Issues Supplement); see also 
Petitioners' Letter, ``Investigation of Laminated Woven Sacks From 
the Socialist Republic of Vietnam: Petitioners' Responses to 
Supplemental Questions Relating to Volume II: Antidumping Duties,'' 
dated March 14, 2018 (AD Supplement).
    \5\ See Petitioners' Letter, ``Investigation of Laminated Woven 
Sacks From the Socialist Republic of Vietnam: Petitioners' Responses 
to Second Supplemental Questions Relating to Volume I: General 
Issues,'' dated March 19, 2018 (Second General Issues Supplement).
    \6\ See Petitioners' Letter, ``Investigation of Laminated Woven 
Sacks From the Socialist Republic of Vietnam: Petitioners' Responses 
to Second Supplemental Questions Relating to Volume I: General 
Issues,'' dated March 27, 2018 (Third General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of LWS from 
Vietnam 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 LWS in the United States. 
Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioners 
supporting their allegations.
    Commerce finds that the petitioners filed this Petition on behalf 
of the domestic industry because the petitioners are interested parties 
as defined in section 771(9)(C), (E) and (F) of the Act. Commerce also 
finds that the petitioners demonstrated sufficient industry support 
with respect to the initiation of the AD investigation that the 
petitioners are requesting.\7\
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    \7\ See the ``Determination of Industry Support for the 
Petition'' section, below.
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Period of Investigation

    Because the Petition was filed on March 7, 2018, and Vietnam is a 
non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the 
period of investigation (POI) is July 1, 2017, through December 31, 
2017.

Scope of the Investigation

    The products covered by this investigation are LWS from Vietnam. 
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 petitioners 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.\8\ Commerce also held two conference calls with the 
petitioners regarding the scope language.\9\ As a result of these 
exchanges, the scope of the Petition was modified to clarify the 
description of the merchandise covered by the Petition.\10\ The 
description of the merchandise covered by this initiation, as described 
by the Appendix to this notice, reflects these clarifications.
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    \8\ See General Issues Supplement; see also Second General 
Issues Supplement.
    \9\ See Memorandum, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Laminated Woven Sacks from 
the Socialist Republic of Vietnam, Phone Call with Counsel to the 
Petitioners,'' dated March 16, 2018; see also Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Laminated Woven Sacks from the Socialist Republic of 
Vietnam, Phone Call with Counsel to the Petitioners,'' dated March 
26, 2018.
    \10\ See Second General Issues Supplement; see also Third 
General Issues Supplement.
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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).\11\ 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,\12\ 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, April 16, 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, April 
26, 2018, which is 10 calendar days from the initial comments 
deadline.\13\
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    \11\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ 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 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 the concurrent AD and CVD investigations of LWS from 
Vietnam.

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).\14\ 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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    \14\ 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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Comments on Product Characteristics for AD Questionnaires

    Commerce will provide interested parties an opportunity to comment 
on the appropriate physical characteristics of LWS 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 production information 
accurately as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they believe 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

[[Page 14259]]

(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 
LWS, 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 April 16, 
2018. Any rebuttal comments must be filed by 5:00 p.m. ET on April 26, 
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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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 petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that LWS, as defined in the scope, 
constitute a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\17\
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    \17\ For a discussion of the domestic like product analysis, see 
Enforcement and Compliance Office of AD/CVD Operations Antidumping 
Duty Investigation Initiation Checklist: Laminated Woven Sacks from 
the Socialist Republic of Vietnam (Vietnam AD Initiation Checklist), 
at Attachment II, Industry Support (Attachment II). This checklist 
is dated concurrently with, and hereby adopted by, 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 Commerce building.
---------------------------------------------------------------------------

    In determining whether the petitioners have 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. To establish industry support, the petitioners provided 
their shipments of the domestic like product in 2017 and compared these 
shipments to the estimated total shipments of the domestic like product 
for the entire domestic industry.\18\ Because total industry production 
data for the domestic like product for 2017 are not reasonably 
available to the petitioners, and the petitioners have established that 
shipments are a reasonable proxy for production data,\19\ we have 
relied on the data the petitioners provided for purposes of measuring 
industry support.\20\
---------------------------------------------------------------------------

    \18\ See Second General Issues Supplement, at 1 and Exhibit I-
2S1.
    \19\ See General Issues Supplement, at 7 and Exhibit I-S3.
    \20\ Id; see also Second General Issues Supplement, at 1 and 
Exhibit I-2S1. For further discussion, see Vietnam AD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issues Supplement, and other information 
readily available to Commerce indicates that the petitioners have 
established industry support for the Petition.\21\ 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).\22\ 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.\23\ 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.\24\ 
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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    \21\ See Vietnam AD Initiation Checklist, at Attachment II.
    \22\ See section 732(c)(4)(D) of the Act; see also Vietnam AD 
Initiation Checklist, at Attachment II.
    \23\ See Vietnam AD Initiation Checklist, at Attachment II.
    \24\ Id.
---------------------------------------------------------------------------

    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because they are interested parties as defined in 
sections 771(9)(C), (E), and (F) of the Act, and they have demonstrated 
sufficient industry support with respect to the AD

[[Page 14260]]

investigation that they are requesting that Commerce initiate.\25\
---------------------------------------------------------------------------

    \25\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege 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 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petition, at Exhibit I-7; see also 
General Issues Supplement, at 9.
---------------------------------------------------------------------------

    The petitioners contend 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; a decline in U.S. shipments, capacity 
utilization, production, and financial performance; and the magnitude 
of the alleged dumping margins.\27\ 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.\28\
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    \27\ See Volume I of the Petition, at 14-25 and Exhibits I-7 
through I-9; see also General Issues Supplement, at 1, 9 and 
Exhibits I-S6 and I-S7.
    \28\ See Vietnam AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation (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 LWS from Vietnam. The sources of data 
for the petitioners' calculations relating to U.S. price and NV are 
discussed in greater detail in the Vietnam AD Initiation Checklist.\29\
---------------------------------------------------------------------------

    \29\ See Vietnam AD Initiation Checklist.
---------------------------------------------------------------------------

Export Price

    The petitioners based U.S. price on export price (EP) using the 
average unit value of publicly available import data.\30\ The 
petitioners also based the U.S. price on EP using price quotes for 
sales of LWS produced in, and exported from, Vietnam and offered for 
sale in the United States.\31\ Where applicable, the petitioners made 
deductions from U.S. price consistent with the terms of sale.\32\
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    \30\ Id.
    \31\ See Vietnam AD Initiation Checklist.
    \32\ See Vietnam AD Initiation Checklist.
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Normal Value

    Commerce considers Vietnam to be an NME country.\33\ 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 Vietnam has not been revoked by Commerce and, therefore, 
remains in effect for purposes of the initiation of this investigation. 
Accordingly, NV in Vietnam is appropriately based on factors of 
production (FOPs) valued in a surrogate market economy country, in 
accordance with section 773(c) of the Act.\34\
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    \33\ See Certain Steel Nails From the Socialist Republic of 
Vietnam: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2014-2016, 82 FR 26050 (82 
FR 26050) (unchanged in Certain Steel Nails From the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 45266 (September 28, 2017).
    \34\ See Vietnam AD Initiation Checklist.
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    The petitioners state that India is an appropriate surrogate 
country for Vietnam, because it is a market economy country that is at 
a level of economic development comparable to that of Vietnam, it is a 
significant producer of comparable merchandise, and public information 
from India is available to value all material inputs.\35\ Based on the 
information provided by the petitioners, we determine that it is 
appropriate to use India as a surrogate country for initiation 
purposes.
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    \35\ See Volume II of the Petition at 4, and Exhibits II-1A, and 
II-1B.
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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

    The petitioners state that they do not have access to the 
Vietnamese producers' factors of production and consumption rates for 
those FOPs. Therefore, the petitioners relied on their own experience 
and other information reasonably available.\36\ The petitioners valued 
the estimated FOPs using surrogate values from India.\37\ Additionally, 
for the surrogate values denominated in Indian rupees (INR), the 
petitioners converted INR prices into U.S. dollars using the average 
exchange rate for the POI available on Commerce's website.\38\
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    \36\ Id. at 6 and Exhibit II-7; see also AD Supplement, at 3 and 
Exhibit II-S5.
    \37\ Id. at 6-8 and Exhibits II-9 through II-11; see also AD 
Supplement, at 3-4 and Exhibits II-S6, II-S8, and II-S9.
    \38\ Id. at 6 and Exhibit II-8A.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of LWS from Vietnam 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 LWS from Vietnam range from 
101.73 percent to 292.61 percent.\39\
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    \39\ See AD Supplement at 4, and Exhibit II-S2.
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Initiation of the Less-Than-Fair-Value Investigation

    Based upon our 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 
LWS from Vietnam are being, or are likely to be, 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.\40\ 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.\41\ 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.\42\
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    \40\ See Trade Preferences Extension Act of 2015, Pubic Law 114-
27, 129 Stat. 362 (2015).
    \41\ 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).
    \42\ 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 petitioners named 27 producers/exporters of LWS from 
Vietnam.\43\ In accordance with our standard practice for respondent 
selection in AD cases involving NME countries, we intend to issue 
quantity and value (Q&V)

[[Page 14261]]

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 
based on Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on the Q&V questionnaire 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 
questionnaire along with filing instructions on Enforcement and 
Compliance's website at http://www.trade.gov/enforcement/news.asp.
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    \43\ See General Issues Supplement at 4, and Exhibit I-S1.
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    Producers/exporters of LWS from Vietnam 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 questionnaire response must 
be submitted by the relevant Vietnamese exporters/producers no later 
than 5:00 p.m. ET on April 10, 2018. All Q&V questionnaire 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.\44\ 
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 http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after 
publication of this initiation notice.\45\ 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 Vietnam 
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 questionnaire response will not receive separate-rate 
consideration.
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    \44\ 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 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \45\ 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.\46\
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    \46\ 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 Vietnam 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 LWS from Vietnam, are materially injuring or 
threatening material injury to a U.S. industry.\47\ A negative ITC 
determination will result in the investigation being terminated.\48\ 
Otherwise, the investigation will proceed according to statutory and 
regulatory time limits.
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    \47\ See section 733(a) of the Act.
    \48\ 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 
\49\ 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.\50\ 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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    \49\ See 19 CFR 351.301(b).
    \50\ 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 a 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 http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

[[Page 14262]]

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\51\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\52\ Commerce intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
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    \51\ See section 782(b) of the Act.
    \52\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013); see also frequently asked 
questions regarding the Final Rule, available at http://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.\53\
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    \53\ 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)).
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    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: March 27, 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 laminated woven 
sacks. Laminated woven sacks are bags consisting of one or more 
plies of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to 
an exterior ply of plastic film such as biaxially-oriented 
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or 
any film suitable for printing, or to an exterior ply of paper; 
printed; displaying, containing, or comprising three or more visible 
colors (e.g., laminated woven sacks printed with three different 
shades of blue would be covered by the scope), not including the 
color of the woven fabric; regardless of the type of printing 
process used; with or without lining; with or without handles; with 
or without special closing features (including, but not limited to, 
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded, 
adhesive-welded, or press- to-close); whether finished or unfinished 
(e.g., whether or not closed on one end and whether or not in roll 
form, including, but not limited to, sheets, lay-flat, or formed in 
tubes); not exceeding one kilogram in actual weight. Laminated woven 
sacks produced in the Socialist Republic of Vietnam are subject to 
the scope regardless of the country of origin of the fabric used to 
make the sack.
    Subject laminated woven sacks are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
6305.33.0040. If entered with plastic coating on both sides of the 
fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, laminated woven sacks may be classifiable under 
HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If 
entered not closed on one end or in roll form (including, but not 
limited to, sheets, lay-flat tubing, and sleeves), laminated woven 
sacks may be classifiable under other HTSUS subheadings, including 
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the 
polypropylene strips and/or polyethylene strips making up the fabric 
measure more than 5 millimeters in width, laminated woven sacks may 
be classifiable under other HTSUS subheadings including 
4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope is dispositive.

[FR Doc. 2018-06727 Filed 4-2-18; 8:45 am]
 BILLING CODE 3510-DS-P