Certain Plastic Decorative Ribbon From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 39058-39060 [2018-16900]
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39058
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080,
7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3030, 7606.91.3060,
7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2018–16897 Filed 8–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–075]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain plastic decorative ribbon
(plastic ribbon) from the People’s
Republic of China (China) is being, or is
likely to be, sold in the United States at
less than fair value (LTFV), for the
period of investigation (POI) April 1,
2017, through September 30, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable August 8, 2018.
sradovich on DSK3GMQ082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Nancy Decker, Lauren Caserta, or Caitlin
Monks, 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) 482–0196,
(202) 482–4737, or (202) 482–2670,
respectively.
SUPPLEMENTARY INFORMATION:
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Background
Commerce published the notice of
initiation of this investigation on
January 23, 2018.1 Commerce exercised
its discretion to toll deadlines affected
by the closure of the Federal
Government from January 20 through
22, 2018.2 Subsequently, Commerce
postponed the deadline for the
preliminary determination to July 30,
2018.3 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included 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 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 found at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Scope of the Investigation
The product covered by this
investigation is plastic ribbon from
China. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I.
1 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 3126 (January 23,
2018) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018 (Tolling Memorandum).
Accordingly, all deadlines in this segment of the
proceeding have been extended by 3 days.
3 Note that the revised deadline reflects a full
postponement to 190 days after the date on which
this investigation was initiated, in addition to the
3-day extension due to closure of the Federal
Government. See Certain Plastic Decorative Ribbon
from the People’s Republic of China: Postponement
of Preliminary Determination in the Less-Than-FairValue Investigation, 83 FR 13256 (March 28, 2018).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Certain Plastic Decorative
Ribbon from the People’s Republic of China’’
(Preliminary Decision Memorandum), dated
concurrently with and hereby adopted by this
notice.
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Fmt 4703
Sfmt 4703
Scope Comments
In accordance with the preamble to
the 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. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7 In
response to the submitted comments,
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice to exclude certain
shredded plastic film/strip and to clarify
‘‘exclusion (4).’’ See ‘‘Scope of the
Investigation’’ in Appendix I, which
includes the additional clarifying
language.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Because China is a
non-market economy within the
meaning of section 771(18) of the Act,
we calculated normal value (NV) in
accordance with section 773(c) of the
Act. In addition, Commerce has
preliminarily relied upon facts available
under section 776(a)(1) of the Act,
including the use of an adverse
inference under section 776(b) of the
Act, for determining the antidumping
margin for one producer and exporter
combination, as well as for the Chinawide entity. For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 83 FR at 3126.
7 See Memorandum, ‘‘Certain Plastic Decorative
Ribbon from the People’s Republic of China: Scope
Comments Preliminary Decision Memorandum’’
(Preliminary Scope Decision Memorandum), dated
concurrently with and hereby adopted by this
notice.
8 See Enforcement and Compliance’s Policy
Bulletin No. 05.1 regarding ‘‘Separate-Rates Practice
and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices
39059
Preliminary Determination
Commerce preliminarily determines
that the following weighted-average
dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Ningbo Junlong Craft Gift Co., Ltd .............................................
Dongguan Mei Song Plastic Industry Co., Ltd ...........................
Ricai Film Artwork Materials Co., Ltd .........................................
Sun Rich (Asia) Ltd .....................................................................
Sun Rich (Asia) Ltd .....................................................................
Joynice Gifts & Crafts Co., Ltd ...................................................
Chiapton Gifts Decorative Limited ..............................................
Chiapton Gifts Decorative Limited ..............................................
Colorart Plastic Ribbon Productions Limited ..............................
Zhejiang Shaoxing Royal Arts & Crafts Co., Ltd ........................
Zhejiang Shaoxing Royal Arts & Crafts Co., Ltd ........................
Wingo Gift & Crafts (Shenzhen) Co., Ltd ...................................
Seng San Enterprises Co., Ltd ...................................................
Xiangxin Decoration Factory .......................................................
Xinghui Packaging Co., Ltd ........................................................
Shenzhen SHS Technology R&D Co., Ltd .................................
Ningbo Junlong Craft Gift Co., Ltd ............................................
Dongguan Mei Song Plastic Industry Co., Ltd ..........................
Dongguan Ricai Plastic Technology Co., Ltd ............................
Kai Feng Decoration (Hui Zhou) Co., Ltd ..................................
Sheng Yi Decoration (Dong Guan) Co., Ltd ..............................
Joynice Gifts & Crafts Co., Ltd ..................................................
Nan Mei (Huizhou) Ribbon Art Factory Ltd ...............................
Shantou Longhu YingXin Art Craft Factory Co. Ltd ..................
Colorart Industrial Limited ..........................................................
Santa’s Collection Shaoxing Co. Ltd .........................................
Zheijang Shaoxing Royal Arts & Crafts Co., Ltd .......................
Wingo Gift & Crafts (Shenzhen) Co., Ltd ..................................
Xin Seng San Handicraft (ShenZhen) Co., Ltd .........................
Xiangxin Decoration Factory ......................................................
Xinghui Packaging Co., Ltd .......................................................
Shenzhen SHS Technology R&D Co., Ltd ................................
China-Wide Entity
45.16
50.93
* 370.04
48.05
48.05
48.05
48.05
48.05
48.05
48.05
48.05
48.05
48.05
48.05
48.05
48.05
* 370.04
* Determined on the basis of adverse facts available.
As detailed in the Preliminary
Decision Memorandum, because parties
to whom we issued Q&V questionnaires
did not provide timely quantity and
value questionnaire responses or
separate rate applications,9 the Chinawide entity also includes these nonresponsive companies. See Appendix III
for a list of companies that did not
respond to the quantity and value
questionnaire.
sradovich on DSK3GMQ082PROD with NOTICES
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of plastic
ribbon from China as described in the
scope of the investigation section
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which the NV exceeds U.S.
price as follows: (1) The cash deposit
rate for the exporter/producer
combination listed in the table above
will be the rate identified for that
combination in the table; (2) for all
combinations of Chinese exporters/
producers of merchandise under
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
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Jkt 244001
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
established for the China-wide entity,
370.04 percent; and (3) for all nonChinese exporters of the merchandise
under consideration which have not
received their own separate rate above,
the cash-deposit rate will be the cash
deposit rate applicable to the Chinese
exporter/producer combination that
supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure and Public Comment
We will disclose the calculations
performed to parties to this proceeding
within five days of the date of
announcement of this preliminary
determination in accordance with 19
CFR 351.224(b). Interested parties may
submit case briefs, rebuttal briefs, and
hearing requests.10 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum at
Section IX.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify the United States
International Trade Commission (ITC) of
9 See Memorandum to the File, ‘‘Antidumping
Duty Investigation of Plastic Decorative Ribbon
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
our affirmative preliminary
determination of sales at LTFV. If our
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after our final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: July 30, 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 eggshaped configuration; made into bows, bowlike items, or other shapes or configurations;
and whether or not packaged or labeled for
from the People’s Republic of China: Respondent
Selection’’ (March 1, 2018).
10 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
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sradovich on DSK3GMQ082PROD with NOTICES
39060
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices
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
the ribbon; (4) ribbon formed into a bow
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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 which permits
attachment to an 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.
The scope of the investigation is not
intended to include shredded plastic film or
shredded plastic strip, in each case where the
shred does not exceed 5 mm in width and
does not exceed 18 inches in length,
imported in bags.
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.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. SUMMARY
II. BACKGROUND
III. PERIOD OF INVESTIGATION
IV. SCOPE COMMENTS
V. SCOPE OF THE INVESTIGATION
VI. DISCUSSION OF THE METHODOLOGY
a. Non-Market Economy Country
b. Surrogate Country and Surrogate Values
Comments
c. Separate Rates
d. The China-wide Entity
e. Application of Facts Available and
Adverse Inferences
f. Date of Sale
g. Comparisons to Fair Value
h. U.S. Price
i. Normal Value
j. Factor Valuation Methodology
VII. CURRENCY CONVERSION
VIII. ADJUSTMENT UNDER SECTION
777A(F) OF THE ACT
IX. DISCLOSURE AND PUBLIC COMMENT
X. VERIFICATION
XI. CONCLUSION
Appendix III
Unresponsive Companies
1. Best Craftwork Products Co., Ltd.
2. Billion Trend International Ltd.
3. Dongguan Xinghui Packaging Co., Ltd.
4. Fangtai Webbing Co.
5. Foshan City Shunde District Fangtai
Webbing Co., Ltd.
6. Hangzhou Jiefa Materials Co., Ltd.
7. Hangzhou Owner Party Co., Ltd.
8. Jiaxing Kaiya Textile Co., Ltd.
9. Long Fine Gift & Bags Factory
10. Nan Mei Decorative Ribbons Co., Ltd.
11. Ningbo Qianyi Color Ribbon Co., Ltd.
12. Ningbo Sellers Union Co., Ltd.
13. Qingdao Hileaders Co., Ltd.
14. Shanghai Foreign Trade Enterprises
Pudong Co., Ltd.
15. Shenzhen Ao Wei Gift Co., Ltd.
16. Shenzhen Gary Gifts Packing Co., Ltd.
17. Shenzhen Guangyunda Technology Co.,
Ltd.
18. True Color Gift Packing Co., Ltd.
19. Wellmark Gift (Shenzhen) Co Ltd
20. Wello Gift Co., Ltd.
21. Xiamen Golden Grand Lucky Ribbon &
Bow Co., Ltd.
22. Xiamen Meisida Decorations Co., Ltd.
23. Yangzhou Bestpak Gifts & Crafts Co., Ltd.
24. Yiwu Eco-Tondo Artware Co., Ltd.
25. Yongjiaxin Gifts & Crafts Factory
[FR Doc. 2018–16900 Filed 8–7–18; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39058-39060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16900]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-075]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain plastic decorative ribbon (plastic ribbon) from the
People's Republic of China (China) is being, or is likely to be, sold
in the United States at less than fair value (LTFV), for the period of
investigation (POI) April 1, 2017, through September 30, 2017.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 8, 2018.
FOR FURTHER INFORMATION CONTACT: Nancy Decker, Lauren Caserta, or
Caitlin Monks, 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) 482-0196, (202) 482-4737, or (202) 482-2670, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this investigation
on January 23, 2018.\1\ Commerce exercised its discretion to toll
deadlines affected by the closure of the Federal Government from
January 20 through 22, 2018.\2\ Subsequently, Commerce postponed the
deadline for the preliminary determination to July 30, 2018.\3\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\ A list of
topics included 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 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 found at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation,
83 FR 3126 (January 23, 2018) (Initiation Notice).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018 (Tolling Memorandum).
Accordingly, all deadlines in this segment of the proceeding have
been extended by 3 days.
\3\ Note that the revised deadline reflects a full postponement
to 190 days after the date on which this investigation was
initiated, in addition to the 3-day extension due to closure of the
Federal Government. See Certain Plastic Decorative Ribbon from the
People's Republic of China: Postponement of Preliminary
Determination in the Less-Than-Fair-Value Investigation, 83 FR 13256
(March 28, 2018).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain
Plastic Decorative Ribbon from the People's Republic of China''
(Preliminary Decision Memorandum), dated concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is plastic ribbon from
China. For a full description of the scope of this investigation, see
the ``Scope of the Investigation'' in Appendix I.
Scope Comments
In accordance with the preamble to the 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. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\7\ In
response to the submitted comments, Commerce is preliminarily modifying
the scope language as it appeared in the Initiation Notice to exclude
certain shredded plastic film/strip and to clarify ``exclusion (4).''
See ``Scope of the Investigation'' in Appendix I, which includes the
additional clarifying language.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice, 83 FR at 3126.
\7\ See Memorandum, ``Certain Plastic Decorative Ribbon from the
People's Republic of China: Scope Comments Preliminary Decision
Memorandum'' (Preliminary Scope Decision Memorandum), dated
concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772(a) of the Act. Because China is a non-
market economy within the meaning of section 771(18) of the Act, we
calculated normal value (NV) in accordance with section 773(c) of the
Act. In addition, Commerce has preliminarily relied upon facts
available under section 776(a)(1) of the Act, including the use of an
adverse inference under section 776(b) of the Act, for determining the
antidumping margin for one producer and exporter combination, as well
as for the China-wide entity. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
producer/exporter combination rates for the respondents that are
eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\
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\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1
regarding ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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[[Page 39059]]
Preliminary Determination
Commerce preliminarily determines that the following weighted-
average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Ningbo Junlong Craft Gift Co., Ningbo Junlong Craft 45.16
Ltd. Gift Co., Ltd.
Dongguan Mei Song Plastic Dongguan Mei Song 50.93
Industry Co., Ltd. Plastic Industry Co.,
Ltd.
Ricai Film Artwork Materials Dongguan Ricai Plastic * 370.04
Co., Ltd. Technology Co., Ltd.
Sun Rich (Asia) Ltd............ Kai Feng Decoration 48.05
(Hui Zhou) Co., Ltd.
Sun Rich (Asia) Ltd............ Sheng Yi Decoration 48.05
(Dong Guan) Co., Ltd.
Joynice Gifts & Crafts Co., Ltd Joynice Gifts & Crafts 48.05
Co., Ltd.
Chiapton Gifts Decorative Nan Mei (Huizhou) 48.05
Limited. Ribbon Art Factory Ltd.
Chiapton Gifts Decorative Shantou Longhu YingXin 48.05
Limited. Art Craft Factory Co.
Ltd.
Colorart Plastic Ribbon Colorart Industrial 48.05
Productions Limited. Limited.
Zhejiang Shaoxing Royal Arts & Santa's Collection 48.05
Crafts Co., Ltd. Shaoxing Co. Ltd.
Zhejiang Shaoxing Royal Arts & Zheijang Shaoxing Royal 48.05
Crafts Co., Ltd. Arts & Crafts Co., Ltd.
Wingo Gift & Crafts (Shenzhen) Wingo Gift & Crafts 48.05
Co., Ltd. (Shenzhen) Co., Ltd.
Seng San Enterprises Co., Ltd.. Xin Seng San Handicraft 48.05
(ShenZhen) Co., Ltd.
Xiangxin Decoration Factory.... Xiangxin Decoration 48.05
Factory.
Xinghui Packaging Co., Ltd..... Xinghui Packaging Co., 48.05
Ltd.
Shenzhen SHS Technology R&D Shenzhen SHS Technology 48.05
Co., Ltd. R&D Co., Ltd.
------------------------------------------------------------------------
China-Wide Entity * 370.04
------------------------------------------------------------------------
* Determined on the basis of adverse facts available.
As detailed in the Preliminary Decision Memorandum, because parties
to whom we issued Q&V questionnaires did not provide timely quantity
and value questionnaire responses or separate rate applications,\9\ the
China-wide entity also includes these non-responsive companies. See
Appendix III for a list of companies that did not respond to the
quantity and value questionnaire.
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\9\ See Memorandum to the File, ``Antidumping Duty Investigation
of Plastic Decorative Ribbon from the People's Republic of China:
Respondent Selection'' (March 1, 2018).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of plastic ribbon from China as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the
weighted-average amount by which the NV exceeds U.S. price as follows:
(1) The cash deposit rate for the exporter/producer combination listed
in the table above will be the rate identified for that combination in
the table; (2) for all combinations of Chinese exporters/producers of
merchandise under consideration that have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate established for the China-wide entity, 370.04 percent; and (3) for
all non-Chinese exporters of the merchandise under consideration which
have not received their own separate rate above, the cash-deposit rate
will be the cash deposit rate applicable to the Chinese exporter/
producer combination that supplied that non-Chinese exporter. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure and Public Comment
We will disclose the calculations performed to parties to this
proceeding within five days of the date of announcement of this
preliminary determination in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs, rebuttal briefs, and hearing
requests.\10\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum at Section IX.
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\10\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
United States International Trade Commission (ITC) of our affirmative
preliminary determination of sales at LTFV. If our final determination
is affirmative, the ITC will determine before the later of 120 days
after the date of this preliminary determination or 45 days after our
final determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: July 30, 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; and
whether or not packaged or labeled for
[[Page 39060]]
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 which permits attachment to an 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.
The scope of the investigation is not intended to include
shredded plastic film or shredded plastic strip, in each case where
the shred does not exceed 5 mm in width and does not exceed 18
inches in length, imported in bags.
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. PERIOD OF INVESTIGATION
IV. SCOPE COMMENTS
V. SCOPE OF THE INVESTIGATION
VI. DISCUSSION OF THE METHODOLOGY
a. Non-Market Economy Country
b. Surrogate Country and Surrogate Values Comments
c. Separate Rates
d. The China-wide Entity
e. Application of Facts Available and Adverse Inferences
f. Date of Sale
g. Comparisons to Fair Value
h. U.S. Price
i. Normal Value
j. Factor Valuation Methodology
VII. CURRENCY CONVERSION
VIII. ADJUSTMENT UNDER SECTION 777A(F) OF THE ACT
IX. DISCLOSURE AND PUBLIC COMMENT
X. VERIFICATION
XI. CONCLUSION
Appendix III
Unresponsive Companies
1. Best Craftwork Products Co., Ltd.
2. Billion Trend International Ltd.
3. Dongguan Xinghui Packaging Co., Ltd.
4. Fangtai Webbing Co.
5. Foshan City Shunde District Fangtai Webbing Co., Ltd.
6. Hangzhou Jiefa Materials Co., Ltd.
7. Hangzhou Owner Party Co., Ltd.
8. Jiaxing Kaiya Textile Co., Ltd.
9. Long Fine Gift & Bags Factory
10. Nan Mei Decorative Ribbons Co., Ltd.
11. Ningbo Qianyi Color Ribbon Co., Ltd.
12. Ningbo Sellers Union Co., Ltd.
13. Qingdao Hileaders Co., Ltd.
14. Shanghai Foreign Trade Enterprises Pudong Co., Ltd.
15. Shenzhen Ao Wei Gift Co., Ltd.
16. Shenzhen Gary Gifts Packing Co., Ltd.
17. Shenzhen Guangyunda Technology Co., Ltd.
18. True Color Gift Packing Co., Ltd.
19. Wellmark Gift (Shenzhen) Co Ltd
20. Wello Gift Co., Ltd.
21. Xiamen Golden Grand Lucky Ribbon & Bow Co., Ltd.
22. Xiamen Meisida Decorations Co., Ltd.
23. Yangzhou Bestpak Gifts & Crafts Co., Ltd.
24. Yiwu Eco-Tondo Artware Co., Ltd.
25. Yongjiaxin Gifts & Crafts Factory
[FR Doc. 2018-16900 Filed 8-7-18; 8:45 am]
BILLING CODE 3510-DS-P
