Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation, 14253-14257 [2018-06728]
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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, we have recalculated Sidenor’s
weighted-average dumping margin. For
further discussion, see the Issues and
Decision Memorandum.
Final Results of the Review
We determine that, for the period of
March 1, 2016, through February 28,
2017, the following weighted-average
dumping margin exists:
Exporter/producer
Sidenor Aceros Especiales,
S.L .....................................
Weightedaverage
dumping
margin
(percent)
3.81
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Duty Assessment
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Sidenor for which
it did not know that the merchandise
was destined for the United States, we
will instruct CBP to liquidate those
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Sidenor will be
the rate established in the final results
of this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
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review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 25.77
percent, the all-others rate established
in the investigation.5 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: March 23, 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—List of Topics Discussed in
the Final Decision Memorandum
I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Discussion of Comments
5 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
Spain, 59 FR 66931 (December 28, 1994).
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Comment: The Date Fields in the Home
Market and Margin Program
VI. Recommendation
[FR Doc. 2018–06722 Filed 4–2–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–824]
Laminated Woven Sacks From the
Socialist Republic of Vietnam:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 3, 2018.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Maisha Cryor, 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) 482–3936 or (202) 482–5831,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
The Petition
On March 7, 2018, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
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 CVD
Petition was accompanied by an
antidumping (AD) Petition concerning
imports of laminated woven sacks 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 Letter to the Secretary of Commerce
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Laminated Woven Sacks
from the Socialist Republic of Vietnam (March 7,
2018) (the Petition).
2 See Volume I of the Petition, at 3 and Exhibit
I–3.
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
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responses to these requests on March
14, 2018,4 March 15, 2018,5 March 19,
2018, 6 and March 27, 2018.7 On March
23, 2018, Commerce held consultations
with respect to the Petition with the
Government of Vietnam (GOV).8
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
GOV is providing countervailable
subsidies, within the meaning of
sections 701 and 771(5) of the Act, to
producers of LWS in Vietnam, and
imports of such products are materially
injuring, or threatening material injury
to, the domestic industry producing
LWS in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged
programs on which we are initiating a
CVD investigation, 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 an interested party 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 CVD investigation that
the petitioners are requesting.9
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).
5 See Letter from the petitioners, ‘‘Investigation of
Laminated Woven Sacks From the Socialist
Republic of Vietnam: Petitioners’ Responses to
Supplemental Questions Relating to Volume III:
Countervailing Duties,’’ dated March 15, 2018 (CVD
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 19, 2018
(Second General Issues Supplement).
7 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).
8 See Memorandum, ‘‘Consultations with Officials
from the Government of Vietnam (GOV) Regarding
the Countervailing Duty (CVD) Petition on
Laminated Woven Sacks from Vietnam,’’ dated
March 26, 2018.
9 See ‘‘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, the period of
investigation is January 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.10 Commerce
also held two conference calls with the
petitioners regarding the scope
language.11 As a result of these
exchanges, the scope of the Petition was
modified to clarify the description of
merchandise covered by the Petition.12
The description of the merchandise
covered by this initiation, as described
in 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).13 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, all such
factual information should be limited to
public information.14 To facilitate
preparation of its questionnaires,
Commerce requests all interested parties
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
10 See
General Issues 2–5.
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.
12 See Second General Issues Supplement; see
also, Third General Issues Supplement.
13 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
14 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See
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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.15
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 submissions 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).16
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
representatives of the GOV of the receipt
of the CVD Petition, and provided them
with an opportunity for consultations
with respect to the Petition.17 In
response to Commerce’s invitation, the
GOV met with Commerce officials on
March 23, 2018.
15 See
19 CFR 351.303(b).
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%20
Procedures.pdf.
17 See Letter from Robert Bolling, Acting Director,
AD/CVD Operations, Office IV, Enforcement and
Compliance, to the Embassy of Vietnam
‘‘Countervailing Duty Petition on Laminated Woven
Sacks from Vietnam: Invitation for Consultations to
Discuss the Countervailing Duty Petition,’’ dated
March 8, 2018.
16 See
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Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers, as a
whole, of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,18 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.19
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
18 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)).
19 See
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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.20
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ 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.21 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 reasonably proxy for
production data,22 we have relied on the
data the petitioners provided for
purposes of measuring industry
support.23
Our review of the data provided in the
Petition, the General Issues Supplement,
the Second General Issues Supplement,
the CVD Supplement, and other
information readily available to
Commerce, indicates that the petitioners
have established industry support for
the Petition.24 First, the Petition
established support from domestic
producers (or workers) accounting for
more than 50 percent of the total
20 For
a discussion of the domestic like product
analysis, see Countervailing Duty Investigation
Initiation Checklist: Laminated Woven Sacks from
the Socialist Republic of Vietnam (Vietnam CVD
Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Laminated
Woven Sacks from the Socialist Republic of
Vietnam (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 Department of Commerce building.
21 See Second General Issues Supplement, at 1
and Exhibit I–2S1.
22 See General Issues Supplement, at 7 and
Exhibit I–S3.
23 Id.; see also Second General Issues
Supplement, at 1 and Exhibit I–2S1. For further
discussion, see Vietnam CVD Initiation Checklist, at
Attachment II.
24 See Vietnam CVD Initiation Checklist, at
Attachment II.
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14255
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).25 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.26 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.27 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.
Commerce finds that the 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
CVD investigation that they are
requesting that Commerce initiate.28
Injury Test
Because Vietnam is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from Vietnam
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.29
25 See section 702(c)(4)(D) of the Act; see also
Vietnam CVD Initiation Checklist, at Attachment II.
26 See Vietnam CVD Initiation Checklist, at
Attachment II.
27 Id.
28 Id.
29 See Volume I of the Petition, at Exhibit I–7; see
also General Issues Supplement, at 9.
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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; and a decline in
U.S. shipments, capacity utilization,
production, and financial
performance.30 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.31
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Initiation of CVD Investigation
Based upon our examination of the
Petition, we find that the Petition meets
the requirements of section 702 of the
Act. Specifically, we find that there is
sufficient information to initiate a CVD
investigation on 19 alleged programs.
Therefore, we are initiating a CVD
investigation to determine whether
imports of LWS from Vietnam benefit
from countervailable subsidies
conferred by the GOV. For a full
discussion of the basis for our decision
to initiate on each program, see Vietnam
CVD Initiation Checklist. A public
version of the initiation checklist for
this investigation is available on
ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD laws
were made.32 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
30 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.
31 See Vietnam CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Laminated Woven Sacks from the
Socialist Republic of Vietnam (Attachment III).
32 See Trade Preferences Extension Act of 2015,
Pub. L. 114–27, 129 Stat. 362 (2015). See also Dates
of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade
Preferences Extension Act of 2015, 80 FR 46793
(August 6, 2015) (Applicability Notice). The 2015
amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
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material injury by the ITC.33 The
amendments to sections 776 and 782 of
the Act are applicable to all
determinations made on or after August
6, 2015, and, therefore, apply to this
CVD investigation.34
Respondent Selection
The petitioners named 27 producers/
exporters of LWS in Vietnam.35
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in this investigation. In the event
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for U.S. imports of LWS from
Vietnam during the POI under the
appropriate Harmonized Tariff Schedule
of the United States numbers listed in
the ‘‘Scope of the Investigation,’’ in the
Appendix to this notice.
On March 16, 2018, Commerce
released CBP data under Administrative
Protective Order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment regarding
the CBP data and respondent selection
must do so within three business days
of the publication date of the notice of
initiation of this CVD investigation.36
Commerce will not accept rebuttal
comments regarding the CBP data or
respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above. We intend to
finalize our decisions regarding
33 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).
34 See Applicability Notice, 80 FR at 46794–95.
35 See Volume I of the Petition at 7 and Exhibit
I–5.
36 See Memorandum from Thomas Martin, Senior
International Trade Compliance Specialist, AD/CVD
Operations, Office IV, Enforcement and Compliance
to Robert Bolling, Program Manager, AD/CVD
Operations, Office IV, Enforcement and Compliance
‘‘Laminated Woven Sacks from the Socialist
Republic of Vietnam Countervailing Duty Petition:
Release of Customs Data from U.S. Customs and
Border Protection,’’ dated March 16, 2018.
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respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOV via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
LWS from Vietnam are materially
injuring, or threatening material injury
to, a U.S. industry.37 A negative ITC
determination will result in the
investigation being terminated.38
Otherwise, this 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 39 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.40 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
37 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
39 See 19 CFR 351.301(b).
40 See 19 CFR 351.301(b)(2).
38 See
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03APN1
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
https://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 https://
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
]]>Agencies
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14253-14257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06728]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-824]
Laminated Woven Sacks From the Socialist Republic of Vietnam:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 3, 2018.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, 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) 482-3936 or (202) 482-5831,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On March 7, 2018, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) 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 CVD Petition was accompanied by an antidumping
(AD) Petition concerning imports of laminated woven sacks from Vietnam.
The petitioners are domestic producers of LWS.\2\
---------------------------------------------------------------------------
\1\ See Letter to the Secretary of Commerce ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Laminated
Woven Sacks from the Socialist Republic of Vietnam (March 7, 2018)
(the Petition).
\2\ See Volume I of the Petition, at 3 and Exhibit I-3.
---------------------------------------------------------------------------
On March 12, 16, and 26, 2018, Commerce requested supplemental
information pertaining to certain areas of the Petition.\3\ The
petitioners filed
[[Page 14254]]
responses to these requests on March 14, 2018,\4\ March 15, 2018,\5\
March 19, 2018, \6\ and March 27, 2018.\7\ On March 23, 2018, Commerce
held consultations with respect to the Petition with the Government of
Vietnam (GOV).\8\
---------------------------------------------------------------------------
\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).
\5\ See Letter from the petitioners, ``Investigation of
Laminated Woven Sacks From the Socialist Republic of Vietnam:
Petitioners' Responses to Supplemental Questions Relating to Volume
III: Countervailing Duties,'' dated March 15, 2018 (CVD 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 19, 2018 (Second General Issues Supplement).
\7\ 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).
\8\ See Memorandum, ``Consultations with Officials from the
Government of Vietnam (GOV) Regarding the Countervailing Duty (CVD)
Petition on Laminated Woven Sacks from Vietnam,'' dated March 26,
2018.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the GOV is providing
countervailable subsidies, within the meaning of sections 701 and
771(5) of the Act, to producers of LWS in Vietnam, and imports of such
products are materially injuring, or threatening material injury to,
the domestic industry producing LWS in the United States. Consistent
with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those
alleged programs on which we are initiating a CVD investigation, 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 an interested
party 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 CVD investigation that
the petitioners are requesting.\9\
---------------------------------------------------------------------------
\9\ See ``Determination of Industry Support for the Petition''
section, below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on March 7, 2018, the period of
investigation is January 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.\10\ Commerce also held two conference calls with the
petitioners regarding the scope language.\11\ As a result of these
exchanges, the scope of the Petition was modified to clarify the
description of merchandise covered by the Petition.\12\ The description
of the merchandise covered by this initiation, as described in the
Appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\10\ See General Issues 2-5.
\11\ 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.
\12\ See Second General Issues Supplement; see also, Third
General Issues Supplement.
---------------------------------------------------------------------------
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).\13\ 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, all such
factual information should be limited to public information.\14\ To
facilitate preparation of its questionnaires, Commerce requests all
interested parties 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.\15\
---------------------------------------------------------------------------
\13\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\14\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\15\ 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 submissions 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).\16\ 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.
---------------------------------------------------------------------------
\16\ 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.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOV of the receipt of the CVD Petition,
and provided them with an opportunity for consultations with respect to
the Petition.\17\ In response to Commerce's invitation, the GOV met
with Commerce officials on March 23, 2018.
---------------------------------------------------------------------------
\17\ See Letter from Robert Bolling, Acting Director, AD/CVD
Operations, Office IV, Enforcement and Compliance, to the Embassy of
Vietnam ``Countervailing Duty Petition on Laminated Woven Sacks from
Vietnam: Invitation for Consultations to Discuss the Countervailing
Duty Petition,'' dated March 8, 2018.
---------------------------------------------------------------------------
[[Page 14255]]
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\18\ 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.\19\
---------------------------------------------------------------------------
\18\ See section 771(10) of the Act.
\19\ 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.\20\
---------------------------------------------------------------------------
\20\ For a discussion of the domestic like product analysis, see
Countervailing Duty Investigation Initiation Checklist: Laminated
Woven Sacks from the Socialist Republic of Vietnam (Vietnam CVD
Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Laminated Woven Sacks from the Socialist Republic of
Vietnam (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 Department of
Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' 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.\21\ 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 reasonably proxy for production
data,\22\ we have relied on the data the petitioners provided for
purposes of measuring industry support.\23\
---------------------------------------------------------------------------
\21\ See Second General Issues Supplement, at 1 and Exhibit I-
2S1.
\22\ See General Issues Supplement, at 7 and Exhibit I-S3.
\23\ Id.; see also Second General Issues Supplement, at 1 and
Exhibit I-2S1. For further discussion, see Vietnam CVD Initiation
Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Supplement, the Second General Issues Supplement, the CVD Supplement,
and other information readily available to Commerce, indicates that the
petitioners have established industry support for the Petition.\24\
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).\25\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\26\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\27\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.
---------------------------------------------------------------------------
\24\ See Vietnam CVD Initiation Checklist, at Attachment II.
\25\ See section 702(c)(4)(D) of the Act; see also Vietnam CVD
Initiation Checklist, at Attachment II.
\26\ See Vietnam CVD Initiation Checklist, at Attachment II.
\27\ 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 CVD investigation that
they are requesting that Commerce initiate.\28\
---------------------------------------------------------------------------
\28\ Id.
---------------------------------------------------------------------------
Injury Test
Because Vietnam is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Vietnam materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\29\
---------------------------------------------------------------------------
\29\ See Volume I of the Petition, at Exhibit I-7; see also
General Issues Supplement, at 9.
---------------------------------------------------------------------------
[[Page 14256]]
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; and a decline in U.S. shipments, capacity
utilization, production, and financial performance.\30\ 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.\31\
---------------------------------------------------------------------------
\30\ 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.
\31\ See Vietnam CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Laminated Woven Sacks from the Socialist Republic of
Vietnam (Attachment III).
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon our examination of the Petition, we find that the
Petition meets the requirements of section 702 of the Act.
Specifically, we find that there is sufficient information to initiate
a CVD investigation on 19 alleged programs. Therefore, we are
initiating a CVD investigation to determine whether imports of LWS from
Vietnam benefit from countervailable subsidies conferred by the GOV.
For a full discussion of the basis for our decision to initiate on each
program, see Vietnam CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS. In
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our preliminary determination no later
than 65 days after the date of this initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\32\ 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.\33\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\34\
---------------------------------------------------------------------------
\32\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015). See also Dates of Application of
Amendments to the Antidumping and Countervailing Duty Laws Made by
the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6,
2015) (Applicability Notice). The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\33\ 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).
\34\ See Applicability Notice, 80 FR at 46794-95.
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Respondent Selection
The petitioners named 27 producers/exporters of LWS in Vietnam.\35\
Commerce intends to follow its standard practice in CVD investigations
and calculate company-specific subsidy rates in this investigation. In
the event Commerce determines that the number of companies is large and
it cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of LWS from Vietnam during the POI under the appropriate
Harmonized Tariff Schedule of the United States numbers listed in the
``Scope of the Investigation,'' in the Appendix to this notice.
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\35\ See Volume I of the Petition at 7 and Exhibit I-5.
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On March 16, 2018, Commerce released CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of the notice of
initiation of this CVD investigation.\36\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\36\ See Memorandum from Thomas Martin, Senior International
Trade Compliance Specialist, AD/CVD Operations, Office IV,
Enforcement and Compliance to Robert Bolling, Program Manager, AD/
CVD Operations, Office IV, Enforcement and Compliance ``Laminated
Woven Sacks from the Socialist Republic of Vietnam Countervailing
Duty Petition: Release of Customs Data from U.S. Customs and Border
Protection,'' dated March 16, 2018.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above. We intend to finalize our decisions regarding respondent
selection within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOV via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of LWS from Vietnam are materially injuring, or
threatening material injury to, a U.S. industry.\37\ A negative ITC
determination will result in the investigation being terminated.\38\
Otherwise, this investigation will proceed according to statutory and
regulatory time limits.
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\37\ See section 703(a)(2) of the Act.
\38\ See section 703(a)(1) of the Act.
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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
\39\ 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.\40\ 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
[[Page 14257]]
prior to submitting factual information in this investigation.
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\39\ See 19 CFR 351.301(b).
\40\ 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 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.\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.
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\41\ See section 782(b) of the Act.
\42\ See 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 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.\43\
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\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 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 702 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. 2018-06728 Filed 4-2-18; 8:45 am]
BILLING CODE 3510-DS-P
