Laminated Woven Sacks From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 39983-39985 [2018-17287]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. The
Issues and 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 in the
Central Records Unit (CRU), room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, we have recalculated The
Navigator Company, S.A.’s (Navigator)
weighted-average dumping margin
using facts otherwise available for
Navigator’s home market bonus
discounts and facts otherwise available
with an adverse inference for certain of
Navigator’s U.S. brokerage and handling
expenses. For further discussion, see the
Issues and Decision Memorandum.
Final Results of the Review
We determine that, for the period of
March 1, 2016, through February 28,
2017, the following weighted-average
dumping margin exists:
The Navigator Company, S.A. ...
sradovich on DSK3GMQ082PROD with NOTICES
Exporter/producer
Weightedaverage
dumping
margin
(percent)
37.34
Duty Assessment
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Sidenor for which
it did not know that the merchandise
was destined for the United States, we
will instruct CBP to liquidate those
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
VerDate Sep<11>2014
20:42 Aug 10, 2018
Jkt 244001
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Navigator will
be the rate established in the final
results of this administrative review; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 7.80
percent, the all-others rate established
in the investigation.3 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
3 See Certain Uncoated Paper from Portugal:
Final Determination of Sales at Less than Fair
Value and Final Negative Determination of Critical
Circumstances, 81 FR 3105 (January 20, 2016).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
39983
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: August 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Discussion of Comments
Comment 1: Commerce’s Liquidation
Instructions
Comment 2: Navigator’s Allocated U.S.
Brokerage and Handling
Comment 3: Navigator’s Home Market
Bonus Discounts
Comment 4: Navigator’s Reporting of Home
Market Indirect Selling Expenses
VII. Recommendation
[FR Doc. 2018–17294 Filed 8–10–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–824]
Laminated Woven Sacks From the
Socialist Republic of Vietnam:
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
laminated woven sacks (LWS) from the
Socialist Republic of Vietnam
(Vietnam). The period of investigation is
January 1, 2017, through December 31,
2017. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable August 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Ariela Garvett, AD/
E:\FR\FM\13AUN1.SGM
13AUN1
39984
Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–3936 or 202–482–3609,
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 April 3, 2018.1 On May 17, 2018,
Commerce published its postponement
of the deadline for the preliminary
determination of the investigation for
the full 130 days permitted under
section 703(c)(1)(A) of the Act and 19
CFR 351.205(b)(2) until August 6, 2018.2
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 Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping (AD) and Countervailing
Duty (CVD) 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
sradovich on DSK3GMQ082PROD with NOTICES
The products covered by this
investigation are laminated woven sacks
from Vietnam. For a complete
description of the scope of this
investigation, see Appendix I.
1 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Initiation of Countervailing
Duty Investigation, 83 FR 14253 (April 3, 2018)
(Initiation Notice).
2 See Countervailing Duty Investigation of
Laminated Woven Sacks from the Socialist Republic
of Vietnam: Postponement of Preliminary
Determination, 83 FR 22953 (May 17, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
Countervailing Duty Investigation of Laminated
Woven Sacks from the Socialist Republic of
Vietnam,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
VerDate Sep<11>2014
20:42 Aug 10, 2018
Jkt 244001
Scope Comments
In accordance with the preamble to
Commerce’s regulations, we set aside a
period of time in our Initiation Notice
for parties to raise issues regarding
product coverage and encouraged all
parties to submit comments within 20
calendar days of the signature date of
that notice. We received several
comments concerning the scope of the
AD and CVD investigations of LWS from
Vietnam.
We are currently evaluating the scope
comments filed by interested parties.
We intend to issue our preliminary
decision regarding the scope of the AD
and CVD investigations in the
preliminary determination of the
companion AD investigation, which is
due for signature on October 3, 2018.
We will incorporate the scope decisions
from the AD investigation into the scope
of the final CVD determination after
considering any relevant comments
submitted in case and rebuttal briefs.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that confers a benefit on
the recipient, and that the subsidy is
specific.4 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
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), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of LWS from Vietnam,
based on a request made by Laminated
Woven Sacks Fair Trade Coalition (the
Coalition) and its individual members
Polytex Fibers Corporation and
ProAmpac Holdings Inc., (the
petitioners).5 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
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.
5 See Letter from the petitioners, ‘‘Investigation of
Laminated Woven Sacks from the Socialist
Republic of Vietnam: Petitioners’ Alignment
Request,’’ dated July 13, 2018.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
scheduled to be issued no later than
December 17, 2018.6
All-Others Rate and Preliminary
Determination
With respect to the all-others rate,
section 705(c)(5)(A) of the Act provides
that if the countervailable subsidy rates
established for all exporters and
producers individually investigated are
determined entirely in accordance with
section 776 of the Act, Commerce may
use any reasonable method to establish
an all-others rate for exporters and
producers not individually investigated.
In this investigation, Commerce
calculated individual estimated
countervailable subsidy rates for Duong
Vinh Hoa Packaging Company Ltd
(DVH) and Xinsheng Plastic Industry Co
Ltd (Xinsheng) that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others rate using a
weighted average of the individual
estimated subsidy rates calculated for
the examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.7
Commerce summarizes its
preliminary countervailable subsidy
rates in the table below:
Producer/exporter
Duong Vinh Hoa Packaging
Company Limited ..............
Xinsheng Plastic Industry
Co., Ltd. ............................
All-Others ..............................
Subsidy rate
(percent)
3.24
6.15
5.19
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
6 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Postponement of Preliminary
Determination in the Less-Than-Fair-Value
Investigation, 83 FR 36876 (July 31, 2018).
7 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, please see the All-Others’ Rate Calculation
Memorandum.
E:\FR\FM\13AUN1.SGM
13AUN1
Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices
Border Protection (CBP) to suspend
liquidation of all entries of LWS from
Vietnam as described in the scope of the
investigation entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice in the Federal Register. Further,
pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require
a cash deposit equal to the rates
indicated above.
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.8
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.
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.
sradovich on DSK3GMQ082PROD with NOTICES
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
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
20:42 Aug 10, 2018
Jkt 244001
preliminary determination or 45 days
after Commerce’s final determination.
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: August 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of the
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is laminated woven sacks.
Laminated woven sacks are bags consisting of
one or more plies of fabric consisting of
woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of
the strip; with or without an extrusion
coating of polypropylene and/or
polyethylene on one or both sides of the
fabric; laminated by any method either to an
exterior ply of plastic film such as biaxiallyoriented polypropylene (BOPP), polyester
(PET), polyethylene (PE), nylon, or any film
suitable for printing, or to an exterior ply of
paper; printed; displaying, containing, or
comprising three or more visible colors (e.g.,
laminated woven sacks printed with three
different shades of blue would be covered by
the scope), not including the color of the
woven fabric; regardless of the type of
printing process used; with or without lining;
with or without handles; with or without
special closing features (including, but not
limited to, closures that are sewn, glued,
easy-open (e.g., tape or thread), re-closable
(e.g., slider, hook and loop, zipper), hotwelded, adhesive-welded, or press-to-close);
whether finished or unfinished (e.g., whether
or not closed on one end and whether or not
in roll form, including, but not limited to,
sheets, lay-flat, or formed in tubes); not
exceeding one kilogram in actual weight.
Laminated woven sacks produced in the
Socialist Republic of Vietnam are subject to
the scope regardless of the country of origin
of the fabric used to make the sack.
Subject laminated woven sacks are
currently classifiable under Harmonized
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
39985
Tariff Schedule of the United States (HTSUS)
subheading 6305.33.0040. If entered with
plastic coating on both sides of the fabric
consisting of woven polypropylene strip and/
or woven polyethylene strip, laminated
woven sacks may be classifiable under
HTSUS subheadings 3923.21.0080,
3923.21.0095, and 3923.29.0000. If entered
not closed on one end or in roll form
(including, but not limited to, sheets, lay-flat
tubing, and sleeves), laminated woven sacks
may be classifiable under other HTSUS
subheadings, including 3917.39.0050,
3921.90.1100, 3921.90.1500, and
5903.90.2500. If the polypropylene strips
and/or polyethylene strips making up the
fabric measure more than 5 millimeters in
width, laminated woven sacks may be
classifiable under other HTSUS subheadings
including 4601.99.0500, 4601.99.9000, and
4602.90.0000. Although HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope is dispositive.
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. Application of the CVD Law to Imports
from Vietnam
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. ITC Notification
XII. Recommendation
[FR Doc. 2018–17287 Filed 8–10–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
University of Pittsburgh of the
Commonwealth System of Higher
Education, et al.: Notice of Decision on
Application for Duty-Free Entry of
Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW, Washington, DC.
Docket Number: 17–017. Applicant:
University of Pittsburgh of the
Commonwealth System of Higher
Education, Pittsburgh, PA 15260.
Instrument: Photonic Professional GT
System. Manufacturer: Nano scribe,
Germany. Intended Use: See notice at 83
FR 31120, July 3, 2018. Comments:
E:\FR\FM\13AUN1.SGM
13AUN1
]]>Agencies
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 39983-39985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17287]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-824]
Laminated Woven Sacks From the Socialist Republic of Vietnam:
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 laminated woven sacks (LWS) from the Socialist Republic of
Vietnam (Vietnam). The period of investigation is January 1, 2017,
through December 31, 2017. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable August 13, 2018.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Ariela Garvett, AD/
[[Page 39984]]
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-3936 or 202-482-
3609, 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 April 3,
2018.\1\ On May 17, 2018, Commerce published its postponement of the
deadline for the preliminary determination of the investigation for the
full 130 days permitted under section 703(c)(1)(A) of the Act and 19
CFR 351.205(b)(2) until August 6, 2018.\2\
---------------------------------------------------------------------------
\1\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Initiation of Countervailing Duty Investigation, 83 FR
14253 (April 3, 2018) (Initiation Notice).
\2\ See Countervailing Duty Investigation of Laminated Woven
Sacks from the Socialist Republic of Vietnam: Postponement of
Preliminary Determination, 83 FR 22953 (May 17, 2018).
---------------------------------------------------------------------------
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 Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping (AD) and Countervailing
Duty (CVD) 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty Investigation of
Laminated Woven Sacks from the Socialist Republic of Vietnam,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are laminated woven
sacks from Vietnam. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations, we set
aside a period of time in our Initiation Notice for parties to raise
issues regarding product coverage and encouraged all parties to submit
comments within 20 calendar days of the signature date of that notice.
We received several comments concerning the scope of the AD and CVD
investigations of LWS from Vietnam.
We are currently evaluating the scope comments filed by interested
parties. We intend to issue our preliminary decision regarding the
scope of the AD and CVD investigations in the preliminary determination
of the companion AD investigation, which is due for signature on
October 3, 2018. We will incorporate the scope decisions from the AD
investigation into the scope of the final CVD determination after
considering any relevant comments submitted in case and rebuttal
briefs.
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution by an ``authority'' that confers a
benefit on the recipient, and that the subsidy is specific.\4\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of LWS from
Vietnam, based on a request made by Laminated Woven Sacks Fair Trade
Coalition (the Coalition) and its individual members Polytex Fibers
Corporation and ProAmpac Holdings Inc., (the petitioners).\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 December 17, 2018.\6\
---------------------------------------------------------------------------
\5\ See Letter from the petitioners, ``Investigation of
Laminated Woven Sacks from the Socialist Republic of Vietnam:
Petitioners' Alignment Request,'' dated July 13, 2018.
\6\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Postponement of Preliminary Determination in the Less-Than-
Fair-Value Investigation, 83 FR 36876 (July 31, 2018).
---------------------------------------------------------------------------
All-Others Rate and Preliminary Determination
With respect to the all-others rate, section 705(c)(5)(A) of the
Act provides that if the countervailable subsidy rates established for
all exporters and producers individually investigated are determined
entirely in accordance with section 776 of the Act, Commerce may use
any reasonable method to establish an all-others rate for exporters and
producers not individually investigated.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for Duong Vinh Hoa Packaging Company Ltd
(DVH) and Xinsheng Plastic Industry Co Ltd (Xinsheng) that are not
zero, de minimis, or based entirely on facts otherwise available.
Commerce calculated the all-others rate using a weighted average of the
individual estimated subsidy rates calculated for the examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\7\
---------------------------------------------------------------------------
\7\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, please see the All-Others' Rate Calculation Memorandum.
---------------------------------------------------------------------------
Commerce summarizes its preliminary countervailable subsidy rates
in the table below:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Duong Vinh Hoa Packaging Company Limited................ 3.24
Xinsheng Plastic Industry Co., Ltd...................... 6.15
All-Others.............................................. 5.19
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
[[Page 39985]]
Border Protection (CBP) to suspend liquidation of all entries of LWS
from Vietnam as described in the scope of the investigation entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the rates indicated above.
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.\8\ 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\ 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.
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 Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of the Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is laminated woven
sacks. Laminated woven sacks are bags consisting of one or more
plies of fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to
an exterior ply of plastic film such as biaxially-oriented
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or
any film suitable for printing, or to an exterior ply of paper;
printed; displaying, containing, or comprising three or more visible
colors (e.g., laminated woven sacks printed with three different
shades of blue would be covered by the scope), not including the
color of the woven fabric; regardless of the type of printing
process used; with or without lining; with or without handles; with
or without special closing features (including, but not limited to,
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded,
adhesive-welded, or press-to-close); whether finished or unfinished
(e.g., whether or not closed on one end and whether or not in roll
form, including, but not limited to, sheets, lay-flat, or formed in
tubes); not exceeding one kilogram in actual weight. Laminated woven
sacks produced in the Socialist Republic of Vietnam are subject to
the scope regardless of the country of origin of the fabric used to
make the sack.
Subject laminated woven sacks are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
6305.33.0040. If entered with plastic coating on both sides of the
fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, laminated woven sacks may be classifiable under
HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If
entered not closed on one end or in roll form (including, but not
limited to, sheets, lay-flat tubing, and sleeves), laminated woven
sacks may be classifiable under other HTSUS subheadings, including
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the
polypropylene strips and/or polyethylene strips making up the fabric
measure more than 5 millimeters in width, laminated woven sacks may
be classifiable under other HTSUS subheadings including
4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope is dispositive.
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. Application of the CVD Law to Imports from Vietnam
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. ITC Notification
XII. Recommendation
[FR Doc. 2018-17287 Filed 8-10-18; 8:45 am]
BILLING CODE 3510-DS-P
