Rubber Bands From Thailand: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 31728-31729 [2018-14634]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31728-31729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14634]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-836]


Rubber Bands From Thailand: Preliminary Negative 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 not being provided to producers and 
exporters of rubber bands from Thailand for the period of investigation 
of January 1, 2017, through December 31, 2017. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Shanah Lee, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone 202-482-0176 or 202-482-6386, 
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). On February 20, 
2018, we initiated a countervailing duty (CVD) investigation of rubber 
bands from Thailand.\1\ On April 12, 2018, in accordance with section 
703(c)(1)(A) of the Act, we postponed the preliminary determination of 
this investigation to July 2, 2018.\2\
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    \1\ See Rubber Bands from Thailand, the People's Republic of 
China, and Sri Lanka: Initiation of Countervailing Duty 
Investigations, 83 FR 8429 (February 27, 2018) (Initiation Notice).
    \2\ See Rubber Bands from Thailand and the People's Republic of 
China: Postponement of Preliminary Determinations in the 
Countervailing Duty Investigations, 83 FR 15789 (April 12, 2018).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as an Appendix 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.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Negative Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination of Citric 
Acid and Certain Citrate Salts from Thailand,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The products subject to this investigation are rubber bands from 
Thailand. For a complete description of the scope of this 
investigation, see Appendix I.

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\4\
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    \4\ 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.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are 
aligning the final CVD determination in this investigation with the 
final determination in the companion antidumping duty (AD) 
investigation of rubber bands based on a request made by the 
petitioner.\5\ Consequently, the final CVD determination will be issued 
on the same date as the final AD determination, which is currently 
scheduled to be issued no later than November 13, 2018, unless 
postponed.\6\
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    \5\ The petitioner in this investigation is Alliance Rubber Co. 
See Letter from the petitioner, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Rubber Bands from Thailand 
and China--Petitioner's Request for Postponement of the Preliminary 
Determinations,'' dated March 27, 2018.
    \6\ The AD preliminary determination was postponed to no later 
than August 29, 2018, see Rubber Bands from the People's Republic of 
China and Thailand: Postponement of Preliminary Determinations in 
the Less-Than-Fair-Value Investigations, 83 FR 29748 (June 26, 
2018). Therefore, the AD final determination is currently due for 
signature no later than Monday, November 12, 2018, which is a 
federal holiday. Commerce's practice dictates that where a deadline 
falls on a weekend or federal holiday, the appropriate deadline is 
the next business day (see Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005). As such, the AD final determination signature 
date rolls to Tuesday, November 13, 2018.
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Preliminary Determination

    For this preliminary determination, Commerce calculated de minimis 
estimated countervailable subsidies for all individually examined 
producers/exporters of the subject merchandise. Consistent with section 
703(b)(4)(A) of the Act, Commerce has disregarded the de minimis rates. 
Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

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                  Company                      Subsidy rate  (percent)
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Liang Hah Heng International Rubber Co.,    0.23 (de minimis).
 Ltd.
U. Yong Industry Co., Ltd.................  0.37 (de minimis).
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    Consistent with section 703(d) of the Act, Commerce has not 
calculated an estimated weighted-average subsidy rate for all other 
producers/exporters because it has not made an affirmative preliminary 
determination.

Suspension of Liquidation

    Because Commerce preliminarily determines that no countervailable 
subsidies are being provided to the production or exportation of 
subject merchandise, Commerce will not direct U.S. Customs and Border 
Protection to suspend liquidation of any such entries.

[[Page 31729]]

Public Comment

    Interested parties may submit case and rebuttal briefs, as well as 
request a hearing. 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.\7\ 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.\8\ This summary should be 
limited to five pages total, including footnotes.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR .309(c)(2) and (d)(2).
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    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 in the Federal Register 
via ACCESS. Hearing 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. 
Prior to the date of the hearing, Commerce will contact all parties 
that submitted case or rebuttal briefs to determine if they wish to 
participate in the hearing. Commerce will then provide a hearing 
schedule to the parties prior to the hearing and only those parties 
listed on the schedule may present issues raised in their briefs. 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
    Electronically filed documents must be received successfully in 
their entirety by 5:00 p.m. Eastern Time,\9\ on the due dates 
established above.
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    \9\ See 19 CFR 351.303(b)(1).
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International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of our determination. In addition, Commerce will make available to 
the ITC all non-privileged and non-proprietary information relating to 
this investigation. Commerce will allow the ITC access to all 
privileged and business proprietary information in the files, provided 
the ITC confirms that it will not disclose such information, either 
publicly or under an APO, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    Pursuant to section 705(b)(2) of the Act, 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).

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement 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.

    Dated: July 2, 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 products subject to this investigation are bands made of 
vulcanized rubber, with a flat length, as actually measured end-to-
end by the band lying flat, no less than \1/2\ inch and no greater 
than 10 inches; with a width, which measures the dimension 
perpendicular to the length, actually of at least 3/64 inch and no 
greater than 2 inches; and a wall thickness actually from 0.020 inch 
to 0.125 inch. Vulcanized rubber has been chemically processed into 
a more durable material by the addition of sulfur or other 
equivalent curatives or accelerators. Subject products are included 
regardless of color or inclusion of printed material on the rubber 
band's surface, including but not limited to, rubber bands with 
printing on them, such as a product name, advertising, or slogan, 
and printed material (e.g., a tag) fastened to the rubber band by an 
adhesive or another temporary type of connection. The scope includes 
vulcanized rubber bands which are contained or otherwise exist in 
various forms and packages, such as, without limitation, vulcanized 
rubber bands included within a desk accessory set or other type of 
set or package, and vulcanized rubber band balls. The scope excludes 
products that consist of an elastomer loop and durable tag all-in-
one, and bands that are being used at the time of import to fasten 
an imported product. Merchandise covered by this investigation is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheading 4016.99.3510. Merchandise covered by 
the scope may also enter under HTSUS subheading 4016.99.6050. While 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the 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. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Verification
XI. Calculation of the All Others Rate
XII. Conclusion

[FR Doc. 2018-14634 Filed 7-6-18; 8:45 am]
 BILLING CODE 3510-DS-P