Rubber Bands From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 45220-45222 [2018-19332]
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
will send appropriate instructions to
CBP to reflect these changes to the scope
of the investigation.
DEPARTMENT OF COMMERCE
ITC Notification
In accordance with section 703(f) of
the Act, we will notify the ITC of this
preliminary determination of critical
circumstances.
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act.
[A–549–835]
Rubber Bands From Thailand:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
daltland on DSKBBV9HB2PROD with NOTICES
Appendix
Amended 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.
Excluded from the scope of this
investigation are vulcanized rubber bands of
various sizes with arrow shaped rubber
protrusions from the outer diameter that
exceeds at the anchor point a wall thickness
of 0.125 inches and where the protrusion is
used to loop around, secure and lock in
place.
Excluded from the scope of this
investigation are yarn/fabric-covered
vulcanized rubber hair bands, regardless of
size.
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.
BILLING CODE 3510–DS–P
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that rubber bands from Thailand are
being or are likely to be sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2017, through
December 31, 2017. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable September 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Stephanie Berger,
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) 482–4243 or
(202) 482–2483, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–19335 Filed 9–5–18; 8:45 am]
International Trade Administration
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). We published the notice of
initiation of this investigation on
February 27, 2018.1 On June 26, 2018,
we postponed the preliminary
determination of this investigation. The
revised deadline is now August 29,
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
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
1 See Rubber Bands from the People’s Republic of
China, Sri Lanka, and Thailand: Initiation of LessThan-Fair-Value Investigations, 83 FR 8424
(February 27, 2018) (Initiation Notice).
2 See Rubber Bands from the People’s Republic of
China and Thailand: Postponement of Preliminary
Determinations in the Less-Than-FairValue
Investigations, 83 FR 29748 (June 26, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Rubber Bands from
Thailand,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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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 accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are rubber bands from
Thailand. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
our regulations,4 the Initiation Notice
set aside a period of time for parties to
raise issues regarding product coverage
(i.e., scope).5 Certain interested parties
provided comments on the scope of the
investigation as it appeared in the
Initiation Notice.6 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 We are
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
Methodology
We are conducting this investigation
in accordance with section 731 of the
Act. We have calculated export prices in
accordance with section 772(a) of the
Act. Normal value (NV) is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Greenbrier’s and Conair’s letter, ‘‘Rubber
Bands from, Thailand, China and Sri Lanka: Scope
Comments,’’ dated March 12, 2018; Jafferjee’s letter,
‘‘Rubber Bands from Thailand: Scope Comments,’’
dated March 12, 2018; and, the petitioner’s letter,
‘‘Petition for the Imposition of Antidumping and
Countervailing Duties on Rubber Bands from
Thailand and China—Rebuttal Scope Comments,’’
dated March 22, 2018.
7 See Memorandum, ‘‘Rubber Bands from
Thailand: Scope Comments Decision Memorandum
for the Preliminary Determination,’’ dated
concurrently with this notice (Preliminary Scope
Decision Memorandum).
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / 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 entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), we will instruct CBP to
require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
the respondents listed above will be
equal to the company-specific estimated
weighted-average dumping margins
determined in this preliminary
determination, except if that rate is zero
or de minimis, no cash deposit will be
required; (2) if the exporter is not a
respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
Preliminary Determination
margin established for that producer of
We preliminarily determine that the
the subject merchandise; and (3) the
following estimated weighted-average
cash deposit rate for all-other producers
dumping margins exist:
and exporters will be equal to the allothers estimated weighted-average
Estimated
dumping margin.
weightedWe normally adjust cash deposits for
average
Exporter/producer
estimated antidumping duties by the
dumping
margin
amount of export subsidies
(percent)
countervailed in a companion
countervailing duty (CVD) proceeding,
Liang Hah Heng International
when CVD provisional measures are in
Rubber Co., Ltd./Hah
Shung Heng Co 10 ............
0.00 effect. Accordingly, where we
U. Yong Industry Co., Ltd .....
5.86 preliminarily make an affirmative
All Others ..............................
5.86 determination for countervailable export
subsidies, we offset the estimated
Consistent with section 733(b)(3) of
weighted-average dumping margin by
the Act, we disregard de minimis rates
the appropriate CVD rate.
However, in the companion CVD
and preliminarily determine that
preliminary determination, we have
individually examined respondents
preliminarily determined that no
with de minimis rates have not made
countervailable subsidies are being
sales of subject merchandise at LTFV.
provided to the production or
8 See Memorandum, ‘‘Analysis Memorandum for
exportation of subject merchandise, and
the Preliminary Determination of the Antidumping
therefore, we did not direct CBP to
Duty Investigation of Rubber Bands from Thailand:
suspend liquidation of any such
Liang Hah Heng International Rubber Co., Ltd.
entries.11 Accordingly, we made no
(Liang Hah Heng) and Hah Shung Heng Co. (Hah
Shung Heng),’’ dated concurrently with this notice
adjustment for the prohibited subsidy
(Liang Hah Heng’s Preliminary Analysis
offset to the estimated weighted-average
Memorandum).
dumping margin. These suspension of
9 See Memorandum, ‘‘Analysis Memorandum for
liquidation instructions will remain in
the Preliminary Determination of the Antidumping
effect until further notice.
Duty Investigation of Rubber Bands from Thailand:
daltland on DSKBBV9HB2PROD with NOTICES
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination we shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, we preliminarily
determined a zero rate for Liang Hah
Heng International Rubber Co., Ltd.
(Liang Hah Heng).8 Therefore, the only
rate that is not zero, de minimis or based
entirely on facts otherwise available is
the rate calculated for U. Yong Industry
Co., Ltd. (U. Yong).9 Consequently, the
rate calculated for U. Yong is also
assigned as the rate for all-other
producers and exporters.
U. Yong Industry Co., Ltd. (U. Yong),’’ dated
concurrently with this notice (U. Yong’s
Preliminary Analysis Memorandum).
10 We have preliminarily determined that Liang
Hah Heng and its affiliated party, Hah Shung Heng
Co. (Hah Shung Heng) are a single entity. See
Memorandum, ‘‘Less-Than-Fair-Value Investigation
of Rubber Bands from Thailand: Affiliation and
Collapsing Memorandum Regarding Liang Hah
Heng International Rubber Co., Ltd. and Hah Shung
Heng Co.,’’ dated July 20, 2018.
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Disclosure
We intend to disclose to interested
parties the calculations and analysis
11 See Rubber Bands from Thailand: Preliminary
Negative Countervailing Duty Determination and
Alignment of Final Determination with Final
Antidumping Duty Determination, 83 FR 31728
(July 9, 2018).
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45221
performed in connection with this
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.12
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, we intend
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.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of our regulations
requires that a request by exporters for
postponement of the final determination
be accompanied by a request for
extension of provisional measures from
a four-month period to a period not
more than six months in duration.
On July 31, 2018, and August 1, 2018,
in accordance with 19 CFR
351.210(b)(2)(ii), Liang Hah Heng and U.
Yong requested to postpone the final
determination for a maximum of 135
days after the date of publication of the
preliminary determination in the
Federal Register, in the event that we
issued an affirmative preliminary
determination.13 Liang Hah Heng and U.
Yong, pursuant to 19 CFR 351.210(e)(2),
also requested an extension of
provisional measures from a four-month
period to a period not more than six
months in duration.14 In accordance
with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii), because: (1)
The preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination.
daltland on DSKBBV9HB2PROD with NOTICES
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the International
Trade Commission (ITC) of our
preliminary determination. If the 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 the final
determination whether these imports
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
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).
13 See Liang Hah Heng’s letter, ‘‘Rubber Bands
from Thailand: Request to Extend the Deadline for
the Final Determination,’’ dated July 31, 2018; U.
Yong’s letter, ‘‘Rubber Bands from Thailand:
Conditional Request for Extension of Final
Determination,’’ dated August 1, 2018.
14 Id.
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16:56 Sep 05, 2018
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Dated: August 29, 2018.
Christian Marsh,
Deputy 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.
Excluded from the scope of this
investigation are vulcanized rubber bands of
various sizes with arrow shaped rubber
protrusions from the outer diameter that
exceeds at the anchor point a wall thickness
of 0.125 inches and where the protrusion is
used to loop around, secure and lock in
place.
Excluded from the scope of this
investigation are yarn/fabric-covered
vulcanized rubber hair bands, regardless of
size.
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. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
A. Determination of the Comparison
Method
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B. Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price
XI. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions
C. Level of Trade
D. Cost of Production Analysis
1. Cost Averaging Methodology
a. Significance of Cost Changes
b. Linkage Between Sales and Cost
Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
E. Calculation of NV Based on Comparison
Market Prices
F. Calculation of NV Based on Constructed
Value
XII. Currency Conversion
XIII. Verification
XIV. Conclusion
[FR Doc. 2018–19332 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG455
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s Mackerel, Squid,
and Butterfish Advisory Panel and
Committee will hold a public meeting
via webinar.
DATES: The meeting will be held on
Monday September 24, 2018, from 10
a.m. to 12 p.m. See SUPPLEMENTARY
INFORMATION for agenda details.
ADDRESSES: The meeting will be held
via webinar, which can be accessed at:
https://mafmc.adobeconnect.com/
chubapcom2/. Participants may also
connect via telephone by calling 1–800–
832–0736 and entering room number
5068871.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; website:
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council’s
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45220-45222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19332]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-835]
Rubber Bands From Thailand: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that rubber bands from Thailand are being or are likely to be sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2017, through December 31, 2017.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 6, 2018.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger,
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) 482-4243
or (202) 482-2483, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). We published
the notice of initiation of this investigation on February 27, 2018.\1\
On June 26, 2018, we postponed the preliminary determination of this
investigation. The revised deadline is now August 29, 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 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 accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Rubber Bands from the People's Republic of China, Sri
Lanka, and Thailand: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 8424 (February 27, 2018) (Initiation Notice).
\2\ See Rubber Bands from the People's Republic of China and
Thailand: Postponement of Preliminary Determinations in the Less-
Than-FairValue Investigations, 83 FR 29748 (June 26, 2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Rubber
Bands from Thailand,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are rubber bands from
Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to our regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties provided comments on the scope of the investigation as it
appeared in the Initiation Notice.\6\ 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\ We are preliminarily modifying the scope
language as it appeared in the Initiation Notice. See the revised scope
in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Greenbrier's and Conair's letter, ``Rubber Bands from,
Thailand, China and Sri Lanka: Scope Comments,'' dated March 12,
2018; Jafferjee's letter, ``Rubber Bands from Thailand: Scope
Comments,'' dated March 12, 2018; and, the petitioner's letter,
``Petition for the Imposition of Antidumping and Countervailing
Duties on Rubber Bands from Thailand and China--Rebuttal Scope
Comments,'' dated March 22, 2018.
\7\ See Memorandum, ``Rubber Bands from Thailand: Scope Comments
Decision Memorandum for the Preliminary Determination,'' dated
concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
We are conducting this investigation in accordance with section 731
of the Act. We have calculated export prices in accordance with section
772(a) of the Act. Normal value (NV) is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
[[Page 45221]]
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination we shall determine an estimated all-
others rate for all exporters and producers not individually examined.
This rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act.
In this investigation, we preliminarily determined a zero rate for
Liang Hah Heng International Rubber Co., Ltd. (Liang Hah Heng).\8\
Therefore, the only rate that is not zero, de minimis or based entirely
on facts otherwise available is the rate calculated for U. Yong
Industry Co., Ltd. (U. Yong).\9\ Consequently, the rate calculated for
U. Yong is also assigned as the rate for all-other producers and
exporters.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Analysis Memorandum for the Preliminary
Determination of the Antidumping Duty Investigation of Rubber Bands
from Thailand: Liang Hah Heng International Rubber Co., Ltd. (Liang
Hah Heng) and Hah Shung Heng Co. (Hah Shung Heng),'' dated
concurrently with this notice (Liang Hah Heng's Preliminary Analysis
Memorandum).
\9\ See Memorandum, ``Analysis Memorandum for the Preliminary
Determination of the Antidumping Duty Investigation of Rubber Bands
from Thailand: U. Yong Industry Co., Ltd. (U. Yong),'' dated
concurrently with this notice (U. Yong's Preliminary Analysis
Memorandum).
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Preliminary Determination
We preliminarily determine that the following estimated weighted-
average dumping margins exist:
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\10\ We have preliminarily determined that Liang Hah Heng and
its affiliated party, Hah Shung Heng Co. (Hah Shung Heng) are a
single entity. See Memorandum, ``Less-Than-Fair-Value Investigation
of Rubber Bands from Thailand: Affiliation and Collapsing Memorandum
Regarding Liang Hah Heng International Rubber Co., Ltd. and Hah
Shung Heng Co.,'' dated July 20, 2018.
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Liang Hah Heng International Rubber Co., Ltd./Hah Shung 0.00
Heng Co \10\...........................................
U. Yong Industry Co., Ltd............................... 5.86
All Others.............................................. 5.86
------------------------------------------------------------------------
Consistent with section 733(b)(3) of the Act, we disregard de
minimis rates and preliminarily determine that individually examined
respondents with de minimis rates have not made sales of subject
merchandise at LTFV.
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
entries of subject merchandise, as described in Appendix I, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), we will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination, except if that
rate is zero or de minimis, no cash deposit will be required; (2) if
the exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all-other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
We normally adjust cash deposits for estimated antidumping duties
by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where we preliminarily make an affirmative
determination for countervailable export subsidies, we offset the
estimated weighted-average dumping margin by the appropriate CVD rate.
However, in the companion CVD preliminary determination, we have
preliminarily determined that no countervailable subsidies are being
provided to the production or exportation of subject merchandise, and
therefore, we did not direct CBP to suspend liquidation of any such
entries.\11\ Accordingly, we made no adjustment for the prohibited
subsidy offset to the estimated weighted-average dumping margin. These
suspension of liquidation instructions will remain in effect until
further notice.
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\11\ See Rubber Bands from Thailand: Preliminary Negative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 83 FR 31728
(July 9, 2018).
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in connection with this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\12\ 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.
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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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. 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, we
intend 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who
[[Page 45222]]
account for a significant proportion of exports of the subject
merchandise, or in the event of a negative preliminary determination, a
request for such postponement is made by the petitioner. Section
351.210(e)(2) of our regulations requires that a request by exporters
for postponement of the final determination be accompanied by a request
for extension of provisional measures from a four-month period to a
period not more than six months in duration.
On July 31, 2018, and August 1, 2018, in accordance with 19 CFR
351.210(b)(2)(ii), Liang Hah Heng and U. Yong requested to postpone the
final determination for a maximum of 135 days after the date of
publication of the preliminary determination in the Federal Register,
in the event that we issued an affirmative preliminary
determination.\13\ Liang Hah Heng and U. Yong, pursuant to 19 CFR
351.210(e)(2), also requested an extension of provisional measures from
a four-month period to a period not more than six months in
duration.\14\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\13\ See Liang Hah Heng's letter, ``Rubber Bands from Thailand:
Request to Extend the Deadline for the Final Determination,'' dated
July 31, 2018; U. Yong's letter, ``Rubber Bands from Thailand:
Conditional Request for Extension of Final Determination,'' dated
August 1, 2018.
\14\ Id.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
International Trade Commission (ITC) of our preliminary determination.
If the 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 the final determination whether these
imports are materially injuring, or threaten material injury to, the
U.S. industry.
Notification to Interested Parties
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: August 29, 2018.
Christian Marsh,
Deputy 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.
Excluded from the scope of this investigation are vulcanized
rubber bands of various sizes with arrow shaped rubber protrusions
from the outer diameter that exceeds at the anchor point a wall
thickness of 0.125 inches and where the protrusion is used to loop
around, secure and lock in place.
Excluded from the scope of this investigation are yarn/fabric-
covered vulcanized rubber hair bands, regardless of size.
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. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price
XI. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions
C. Level of Trade
D. Cost of Production Analysis
1. Cost Averaging Methodology
a. Significance of Cost Changes
b. Linkage Between Sales and Cost Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
E. Calculation of NV Based on Comparison Market Prices
F. Calculation of NV Based on Constructed Value
XII. Currency Conversion
XIII. Verification
XIV. Conclusion
[FR Doc. 2018-19332 Filed 9-5-18; 8:45 am]
BILLING CODE 3510-DS-P
