Certain Plastic Decorative Ribbon From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 29096-29098 [2018-13429]
Download as PDF
<![CDATA[
29096
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
written notification of return or
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.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: June 18, 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 I
Scope of the Investigation
The merchandise subject to this
investigation is synthetic staple fibers, not
carded or combed, specifically bi-component
polyester fibers having a polyester fiber
component that melts at a lower temperature
than the other polyester fiber component
(low melt PSF). The scope includes bicomponent polyester staple fibers of any
denier or cut length. The subject
merchandise may be coated, usually with a
finish or dye, or not coated.
Low melt PSF is classifiable under the
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided
for convenience and customs purposes, the
written description of the scope of the
merchandise under the investigation is
dispositive.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Huvis
1. Major Input Rule
2. U.S. Bank Charges
3. Duty Drawback for Huvis
4. Critical Circumstances
5. Corrections Found at Verification
TCK
6. Denier Range Reporting
7. U.S. Destination Reporting
8. TCK’s Unpaid Sales
9. Duty Drawback Adjustment for TCK
10. General and Administrative (G&A)
Expense Rate for TCK
11. Financial Expense Rate
12. TCK’s Affiliated Party Inputs
13. Selling, General and Administrative
(SG&A) Expense Rate for Toray
International
VII. Recommendation
[FR Doc. 2018–13448 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–076]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain plastic decorative ribbon from
the People’s Republic of China (China).
The period of investigation is January 1,
2016, through December 31, 2016.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan or Nancy Decker, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–0895 or 202–482–0196,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 23, 2018.1 Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through January 22, 2018.2 On March
12, 2018, Commerce postponed the
deadline for the preliminary
determination of the investigation to the
full 130 days permitted under section
703(c)(1)(A) of the Act and 19 CFR
351.205(b)(2), and the revised deadline
is now May 29, 2018.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
1 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 3114
(January 23, 2018) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
3 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 83 FR 10677 (March 12, 2018).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are certain plastic
decorative ribbon from China. For a
complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is currently
evaluating the scope comments filed by
the interested parties. Commerce
intends to issue its preliminary decision
regarding the scope of the AD and CVD
investigations in the preliminary
determination of the companion AD
investigation, which is currently due no
later than July 30, 2018, unless
postponed. The preliminary scope
decision will be placed on the record of
both the AD and CVD investigations,
and interested parties will have the
opportunity to comment prior to the
final CVD determination.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain Plastic
Decorative Ribbon from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
E:\FR\FM\22JNN1.SGM
22JNN1
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
contribution by an ‘‘authority’’ that
confers a benefit on the recipient, and
that the subsidy is specific.7 For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
In making these findings, we relied, in
part, on facts available and, because one
or more respondents did not act to the
best of their ability to respond to our
requests for information, we drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
daltland on DSKBBV9HB2PROD with NOTICES
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A) of the Act, Commerce
established rates for Joynice Gifts &
Crafts Co., Ltd. (Joynice) and Seng San
Enterprises Co., Ltd. (Seng Sen) (the two
individually investigated exporters/
producers of the subject merchandise
that participated in this investigation),
and for Santa’s Collection Shaoxing Co.,
Ltd. (which is assigned a rate based on
AFA) as well as an all-others rate.
In accordance with sections
703(d)(1)(A) and 705(c)(5)(A) of the Act,
for companies not individually
investigated, Commerce applies an ‘‘allothers’’ rate. The all-others rate is
normally calculated by weight averaging
the subsidy rates of the companies
selected for individual examination
with those companies’ export sales of
the subject merchandise to the United
States, excluding any zero and de
minimis rates calculated for the
exporters and producers individually
investigated, and any rates determined
entirely under section 776 of the Act.
In this investigation, Commerce
calculated individual countervailable
subsidy rates for Joynice and Seng Sen
that are not zero, de minimis, or based
entirely on facts otherwise available.
Because we do not have publicly ranged
data from all company respondents with
which to calculate the all-others rate
using a weighted-average of the
individual estimated subsidy rates, we
calculated the all-others rate using a
simple average of the individual
estimated subsidy rates calculated for
the examined respondents.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
29097
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
when it issues the preliminary scope
memorandum in this investigation.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
Subsidy
Producer/exporter
rate
case and rebuttal briefs, must submit a
(percent) written request to the Assistant
Secretary for Enforcement and
Joynice Gifts & Crafts Co., Ltd .....
14.27
Compliance, U.S. Department of
Seng San Enterprises Co., Ltd ....
12.81
Commerce within 30 days after the date
Santa’s Collection Shaoxing Co.,
Ltd .............................................
94.67 of publication of this notice. Requests
All-Others ......................................
13.54 should contain the party’s name,
address, and telephone number, the
number of participants, whether any
In accordance with section
participant is a foreign national, and a
703(d)(1)(B) and (d)(2) of the Act,
list of the issues to be discussed. If a
Commerce will direct U.S. Customs and request for a hearing is made, Commerce
Border Protection (CBP) to suspend
intends to hold the hearing at the U.S.
liquidation of entries of subject
Department of Commerce, 1401
merchandise as described in the scope
Constitution Avenue NW, Washington,
of the investigation that were entered, or DC 20230, at a time and date to be
withdrawn from warehouse, for
determined. Parties should confirm by
consumption on or after the date of
telephone the date, time, and location of
publication of this notice in the Federal the hearing two days before the
Register. Furthermore, pursuant to 19
scheduled date.
CFR 351.205(d), Commerce will instruct
Parties are reminded that briefs and
CBP to require a cash deposit equal to
hearing requests are to be filed
the rates indicated above.
electronically using ACCESS and that
electronically filed documents must be
Disclosure
received successfully in their entirety by
Commerce intends to disclose its
5 p.m. Eastern Time on the due date.
calculations and analysis to interested
International Trade Commission
parties in this preliminary
Notification
determination within five days of its
In accordance with section 703(f) of
public announcement, or if there is no
the Act, Commerce will notify the
public announcement, within five days
International Trade Commission (ITC) of
of the date of this notice in accordance
its determination. If Commerce’s final
with 19 CFR 351.224(b).
determination is affirmative, the ITC
Verification
will make its final determination before
the later of 120 days after the date of this
As provided in section 782(i)(1) of the
preliminary determination or 45 days
Act, Commerce intends to verify the
after Commerce’s final determination.
information relied upon in making its
final determination.
Notification to Interested Parties
This determination is issued and
Public Comment
published pursuant to sections 703(f)
Case briefs or other written comments and 777(i) of the Act and 19 CFR
may be submitted to the Assistant
351.205(c).
Secretary for Enforcement and
Dated: May 29, 2018.
Compliance no later than seven days
Gary Taverman,
after the date on which the last
Deputy Assistant Secretary for Antidumping
verification report is issued in this
and Countervailing Duty Operations,
investigation. Rebuttal briefs, limited to performing the non-exclusive functions and
issues raised in case briefs, may be
duties of the Assistant Secretary for
submitted no later than five days after
Enforcement and Compliance.
the deadline date for case briefs.9
Appendix I
Pursuant to 19 CFR 351.309(c)(2) and
Scope of the Investigation
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
The merchandise covered by this
encouraged to submit with each
investigation is certain plastic decorative
ribbon having a width (measured at the
argument: (1) A statement of the issue;
narrowest span of the ribbon) of less than or
(2) a brief summary of the argument;
and (3) a table of authorities. Commerce equal to four (4) inches in actual
measurement, including but not limited to
intends to set a separate briefing
ribbon wound onto itself; a spool, a core or
schedule pertaining to scope issues
a tube (with or without flanges); attached to
9 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
a card or strip; wound into a keg- or eggshaped configuration; made into bows, bowlike items, or other shapes or configurations;
E:\FR\FM\22JNN1.SGM
22JNN1
daltland on DSKBBV9HB2PROD with NOTICES
29098
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
and whether or not packaged or labeled for
retail sale. The subject merchandise is
typically made of substrates of
polypropylene, but may be made in whole or
in part of any type of plastic, including
without limitation, plastic derived from
petroleum products and plastic derived from
cellulose products. Unless the context
otherwise clearly indicates, the word
‘‘ribbon’’ used in the singular includes the
plural and the plural ‘‘ribbons’’ includes the
singular.
The subject merchandise includes ribbons
comprised of one or more layers of substrates
made, in whole or in part, of plastics adhered
to each other, regardless of the method used
to adhere the layers together, including
without limitation, ribbons comprised of
layers of substrates adhered to each other
through a lamination process. Subject
merchandise also includes ribbons
comprised of (a) one or more layers of
substrates made, in whole or in part, of
plastics adhered to (b) one or more layers of
substrates made, in whole or in part, of nonplastic materials, including, without
limitation, substrates made, in whole or in
part, of fabric.
The ribbons subject to this investigation
may be of any color or combination of colors
(including without limitation, ribbons that
are transparent, translucent or opaque) and
may or may not bear words or images,
including without limitation, those of a
holiday motif. The subject merchandise
includes ribbons with embellishments and/or
treatments, including, without limitation,
ribbons that are printed, hot-stamped, coated,
laminated, flocked, crimped, die-cut,
embossed (or that otherwise have impressed
designs, images, words or patterns), and
ribbons with holographic, metallic, glitter or
iridescent finishes.
Subject merchandise includes ‘‘pull-bows’’
an assemblage of ribbons connected to one
another, folded flat, and equipped with a
means to form such ribbons into the shape
of a bow by pulling on a length of material
affixed to such assemblage, and ‘‘prenotched’’ bows, an assemblage of notched
ribbon loops arranged one inside the other
with the notches in alignment and affixed to
each other where notched, and which the
end user forms into a bow by separating and
spreading the loops circularly around the
notches, which form the center of the bow.
Subject merchandise includes ribbons that
are packaged with non-subject merchandise,
including ensembles that include ribbons
and other products, such as gift wrap, gift
bags, gift tags and/or other gift packaging
products. The ribbons are covered by the
scope of this investigation; the ‘‘other
products’’ (i.e., the other, non-subject
merchandise included in the ensemble) are
not covered by the scope of this
investigation.
Excluded from the scope of this
investigation are the following: (1) Ribbons
formed exclusively by weaving plastic
threads together; (2) ribbons that have metal
wire in, on, or along the entirety of each of
the longitudinal edges of the ribbon; (3)
ribbons with an adhesive coating covering
the entire span between the longitudinal
edges of the ribbon for the entire length of
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
the ribbon; (4) ribbon formed into a bow
without a tab or other means for attaching the
bow to an object using adhesives, where the
bow has: (a) An outer layer that is either
flocked or made of fabric, and (b) a flexible
metal wire at the base that is suitable for
attaching the bow to a Christmas tree or other
object by twist-tying; (5) elastic ribbons,
meaning ribbons that elongate when
stretched and return to their original
dimension when the stretching load is
removed; (6) ribbons affixed as a decorative
detail to non-subject merchandise, such as a
gift bag, gift box, gift tin, greeting card or
plush toy, or affixed (including by tying) as
a decorative detail to packaging containing
non-subject merchandise; (7) ribbons that are
(a) affixed to non-subject merchandise as a
working component of such non-subject
merchandise, such as where the ribbon
comprises a book marker, bag cinch, or part
of an identity card holder, or (b) affixed
(including by tying) to non-subject
merchandise as a working component that
holds or packages such non-subject
merchandise or attaches packaging or
labeling to such non-subject merchandise,
such as a ‘‘belly band’’ around a pair of
pajamas, a pair of socks or a blanket; (8)
imitation raffia made of plastics having a
thickness not more than one (1) mil when
measured in an unfolded/untwisted state;
and (9) ribbons in the form of bows having
a diameter of less than seven-eighths (7⁄8) of
an inch, or having a diameter of more than
16 inches, based on actual measurement. For
purposes of this exclusion, the diameter of a
bow is equal to the diameter of the smallest
circular ring through which the bow will
pass without compressing the bow.
Further, excluded from the scope of the
antidumping duty investigation are any
products covered by the existing
antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET
Film) from the People’s Republic of China
(China). See Polyethylene Terephthalate
Film, Sheet, and Strip from Brazil, the
People’s Republic of China and the United
Arab Emirates: Antidumping Duty Orders
and Amended Final Determination of Sales
at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595 (November 10, 2008).
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheadings 3920.20.0015 and
3926.40.0010.
Merchandise covered by this investigation
also may enter under subheadings
3920.10.0000; 3920.20.0055; 3920.30.0000;
3920.43.5000; 3920.49.0000; 3920.62.0050;
3920.62.0090; 3920.69.0000; 3921.90.1100;
3921.90.1500; 3921.90.1910; 3921.90.1950;
3921.90.4010; 3921.90.4090; 3926.90.9996;
5404.90.0000; 9505.90.4000; 4601.99.9000;
4602.90.0000; 5609.00.3000; 5609.00.4000;
and 6307.90.9889. These HTSUS
subheadings are provided for convenience
and customs purposes; the written
description of the scope of this investigation
is dispositive.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Application of the CVD Law to Imports
From China
VIII. Diversification of China’s Economy
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and
Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation
[FR Doc. 2018–13429 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–079]
Cast Iron Soil Pipe From the People’s
Republic of China: Postponement of
Preliminary Determination in the LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT: Paul
Walker at (202) 482–0413, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 15, 2018, the Department
of Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigation of
imports of cast iron soil pipe from the
People’s Republic of China (China).1
Currently, the preliminary
determination is due no later than July
5, 2018.
Postponement of Preliminary
Determinations
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
1 See Cast Iron Soil Pipe from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, 83 FR 8053 (February 23,
2018).
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29096-29098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13429]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-076]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain plastic decorative ribbon from the People's
Republic of China (China). The period of investigation is January 1,
2016, through December 31, 2016.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT: Maliha Khan or Nancy Decker, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-0895 or 202-482-0196,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 23,
2018.\1\ Commerce exercised its discretion to toll all deadlines
affected by the closure of the Federal Government from January 20
through January 22, 2018.\2\ On March 12, 2018, Commerce postponed the
deadline for the preliminary determination of the investigation to the
full 130 days permitted under section 703(c)(1)(A) of the Act and 19
CFR 351.205(b)(2), and the revised deadline is now May 29, 2018.\3\
---------------------------------------------------------------------------
\1\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Initiation of Countervailing Duty Investigation,
83 FR 3114 (January 23, 2018) (Initiation Notice).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by three days.
\3\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 83 FR 10677 (March 12, 2018).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Certain
Plastic Decorative Ribbon from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain plastic
decorative ribbon from China. For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce is currently evaluating the scope
comments filed by the interested parties. Commerce intends to issue its
preliminary decision regarding the scope of the AD and CVD
investigations in the preliminary determination of the companion AD
investigation, which is currently due no later than July 30, 2018,
unless postponed. The preliminary scope decision will be placed on the
record of both the AD and CVD investigations, and interested parties
will have the opportunity to comment prior to the final CVD
determination.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial
[[Page 29097]]
contribution by an ``authority'' that confers a benefit on the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In making these findings, we relied, in part, on facts available
and, because one or more respondents did not act to the best of their
ability to respond to our requests for information, we drew an adverse
inference where appropriate in selecting from among the facts otherwise
available.\8\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A) of the Act, Commerce
established rates for Joynice Gifts & Crafts Co., Ltd. (Joynice) and
Seng San Enterprises Co., Ltd. (Seng Sen) (the two individually
investigated exporters/producers of the subject merchandise that
participated in this investigation), and for Santa's Collection
Shaoxing Co., Ltd. (which is assigned a rate based on AFA) as well as
an all-others rate.
In accordance with sections 703(d)(1)(A) and 705(c)(5)(A) of the
Act, for companies not individually investigated, Commerce applies an
``all-others'' rate. The all-others rate is normally calculated by
weight averaging the subsidy rates of the companies selected for
individual examination with those companies' export sales of the
subject merchandise to the United States, excluding any zero and de
minimis rates calculated for the exporters and producers individually
investigated, and any rates determined entirely under section 776 of
the Act.
In this investigation, Commerce calculated individual
countervailable subsidy rates for Joynice and Seng Sen that are not
zero, de minimis, or based entirely on facts otherwise available.
Because we do not have publicly ranged data from all company
respondents with which to calculate the all-others rate using a
weighted-average of the individual estimated subsidy rates, we
calculated the all-others rate using a simple average of the individual
estimated subsidy rates calculated for the examined respondents.
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Joynice Gifts & Crafts Co., Ltd.............................. 14.27
Seng San Enterprises Co., Ltd................................ 12.81
Santa's Collection Shaoxing Co., Ltd......................... 94.67
All-Others................................................... 13.54
------------------------------------------------------------------------
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation that were entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Furthermore, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis to
interested parties in this preliminary determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of this notice in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. Commerce intends to set a separate briefing schedule
pertaining to scope issues when it issues the preliminary scope
memorandum in this investigation.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If
Commerce's final determination is affirmative, the ITC will make its
final determination before the later of 120 days after the date of this
preliminary determination or 45 days after Commerce's final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: May 29, 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 I
Scope of the Investigation
The merchandise covered by this investigation is certain plastic
decorative ribbon having a width (measured at the narrowest span of
the ribbon) of less than or equal to four (4) inches in actual
measurement, including but not limited to ribbon wound onto itself;
a spool, a core or a tube (with or without flanges); attached to a
card or strip; wound into a keg- or egg-shaped configuration; made
into bows, bow-like items, or other shapes or configurations;
[[Page 29098]]
and whether or not packaged or labeled for retail sale. The subject
merchandise is typically made of substrates of polypropylene, but
may be made in whole or in part of any type of plastic, including
without limitation, plastic derived from petroleum products and
plastic derived from cellulose products. Unless the context
otherwise clearly indicates, the word ``ribbon'' used in the
singular includes the plural and the plural ``ribbons'' includes the
singular.
The subject merchandise includes ribbons comprised of one or
more layers of substrates made, in whole or in part, of plastics
adhered to each other, regardless of the method used to adhere the
layers together, including without limitation, ribbons comprised of
layers of substrates adhered to each other through a lamination
process. Subject merchandise also includes ribbons comprised of (a)
one or more layers of substrates made, in whole or in part, of
plastics adhered to (b) one or more layers of substrates made, in
whole or in part, of non-plastic materials, including, without
limitation, substrates made, in whole or in part, of fabric.
The ribbons subject to this investigation may be of any color or
combination of colors (including without limitation, ribbons that
are transparent, translucent or opaque) and may or may not bear
words or images, including without limitation, those of a holiday
motif. The subject merchandise includes ribbons with embellishments
and/or treatments, including, without limitation, ribbons that are
printed, hot-stamped, coated, laminated, flocked, crimped, die-cut,
embossed (or that otherwise have impressed designs, images, words or
patterns), and ribbons with holographic, metallic, glitter or
iridescent finishes.
Subject merchandise includes ``pull-bows'' an assemblage of
ribbons connected to one another, folded flat, and equipped with a
means to form such ribbons into the shape of a bow by pulling on a
length of material affixed to such assemblage, and ``pre-notched''
bows, an assemblage of notched ribbon loops arranged one inside the
other with the notches in alignment and affixed to each other where
notched, and which the end user forms into a bow by separating and
spreading the loops circularly around the notches, which form the
center of the bow. Subject merchandise includes ribbons that are
packaged with non-subject merchandise, including ensembles that
include ribbons and other products, such as gift wrap, gift bags,
gift tags and/or other gift packaging products. The ribbons are
covered by the scope of this investigation; the ``other products''
(i.e., the other, non-subject merchandise included in the ensemble)
are not covered by the scope of this investigation.
Excluded from the scope of this investigation are the following:
(1) Ribbons formed exclusively by weaving plastic threads together;
(2) ribbons that have metal wire in, on, or along the entirety of
each of the longitudinal edges of the ribbon; (3) ribbons with an
adhesive coating covering the entire span between the longitudinal
edges of the ribbon for the entire length of the ribbon; (4) ribbon
formed into a bow without a tab or other means for attaching the bow
to an object using adhesives, where the bow has: (a) An outer layer
that is either flocked or made of fabric, and (b) a flexible metal
wire at the base that is suitable for attaching the bow to a
Christmas tree or other object by twist-tying; (5) elastic ribbons,
meaning ribbons that elongate when stretched and return to their
original dimension when the stretching load is removed; (6) ribbons
affixed as a decorative detail to non-subject merchandise, such as a
gift bag, gift box, gift tin, greeting card or plush toy, or affixed
(including by tying) as a decorative detail to packaging containing
non-subject merchandise; (7) ribbons that are (a) affixed to non-
subject merchandise as a working component of such non-subject
merchandise, such as where the ribbon comprises a book marker, bag
cinch, or part of an identity card holder, or (b) affixed (including
by tying) to non-subject merchandise as a working component that
holds or packages such non-subject merchandise or attaches packaging
or labeling to such non-subject merchandise, such as a ``belly
band'' around a pair of pajamas, a pair of socks or a blanket; (8)
imitation raffia made of plastics having a thickness not more than
one (1) mil when measured in an unfolded/untwisted state; and (9)
ribbons in the form of bows having a diameter of less than seven-
eighths (\7/8\) of an inch, or having a diameter of more than 16
inches, based on actual measurement. For purposes of this exclusion,
the diameter of a bow is equal to the diameter of the smallest
circular ring through which the bow will pass without compressing
the bow.
Further, excluded from the scope of the antidumping duty
investigation are any products covered by the existing antidumping
duty order on polyethylene terephthalate film, sheet, and strip (PET
Film) from the People's Republic of China (China). See Polyethylene
Terephthalate Film, Sheet, and Strip from Brazil, the People's
Republic of China and the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of Sales at Less Than Fair
Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008).
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 3920.20.0015 and 3926.40.0010.
Merchandise covered by this investigation also may enter under
subheadings 3920.10.0000; 3920.20.0055; 3920.30.0000; 3920.43.5000;
3920.49.0000; 3920.62.0050; 3920.62.0090; 3920.69.0000;
3921.90.1100; 3921.90.1500; 3921.90.1910; 3921.90.1950;
3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000;
9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000;
5609.00.4000; and 6307.90.9889. These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Application of the CVD Law to Imports From China
VIII. Diversification of China's Economy
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation
[FR Doc. 2018-13429 Filed 6-21-18; 8:45 am]
BILLING CODE 3510-DS-P
