Less-Than-Fair-Value Investigation of Rubber Bands From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 45213-45215 [2018-19333]
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
12. Recommendation
[FR Doc. 2018–19337 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–069]
Less-Than-Fair-Value Investigation of
Rubber Bands From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value and Preliminary
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that rubber bands from the People’s
Republic of China (China) are being or
are likely to be sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is July 1,
2017, through December 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable September 6, 2018.
Paul
Stolz 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) 482–4474 or (202) 482–2483,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
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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
1 See Rubber Bands from the People’s Republic of
China, Sri Lanka, and Thailand: Initiation of LessThan-Fair-Value Investigations, 83 FR 8424, 8425
(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-Fair-Value
Investigations, 83 FR 29748 (June 26, 2018).
3 See the memorandum, ‘‘Decision Memorandum
for the Preliminary Determination in the Less-Than-
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16:56 Sep 05, 2018
Jkt 244001
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.
Scope of the Investigation
The products covered by this
investigation are rubber bands from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,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.
Fair-Value Investigation of Rubber Bands from the
People’s Republic of China,’’ dated August 29, 2018
(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 and the People’s Republic of China: Scope
Comments Decision Memorandum for the
Preliminary Determination,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
PO 00000
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45213
Methodology
We are conducting this investigation
in accordance with section 731 of the
Act. Pursuant to section 776(a) and (b)
of the Act, we have preliminarily relied
upon facts otherwise available, with
adverse inferences, for the China-wide
entity because it did not respond to our
requests for information. Specifically,
all companies to which Commerce
issued quantity and value (Q&V)
questionnaires failed to respond.8 Thus,
no companies have demonstrated their
eligibility for a separate rate and are
preliminarily found to be part of the
China-wide entity. Furthermore, we find
that the China-wide entity’s lack of
participation, including the failure of
certain parts of the China-wide entity to
submit Q&V information, constitutes
circumstances under which it is
reasonable to conclude that the Chinawide entity as a whole failed to
cooperate to the best of its ability to
comply with Commerce’s request for
information. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
On June 11, 2018, as revised on
August 7, 2018, the petitioner timely
filed a critical circumstances allegation,
pursuant to section 733(e)(1) of the Act
and 19 CFR 351.206, alleging that
critical circumstances exist with respect
to imports of rubber bands from China.9
Based on the failure of all respondents,
and thus the China-wide entity, to
cooperate to the best of their ability to
comply with Commerce’s requests for
information, we preliminarily determine
that massive imports of rubber bands
from China existed for the China-wide
entity, based on adverse facts available,
pursuant to section 733(e)(1)(B) of the
Act. In addition, we have preliminarily
determined that there is a reasonable
basis to believe or suspect that
importers knew, or should have known,
that merchandise was being sold for less
than fair value and that those sales were
likely to cause material injury in
accordance with section 733(e)(1)(A)(ii)
of the Act.
For a full description of the
methodology and the results of
Commerce’s analysis, see the
Preliminary Decision Memorandum.
8 See the memorandum, ‘‘Antidumping Duty
Investigation of Rubber Bands from the People’s
Republic of China: Delivery of Quantity and Value
Questionnaire to Exporters/Producers,’’ dated
March 6, 2018.
9
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
Preliminary Determination
We preliminarily determine that the
following estimated weighted-average
dumping margin exists:
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
China-Wide Entity .........................................................
China-Wide Entity .........................................................
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise, 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, as discussed below. Further,
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 estimated weightedaverage dumping margin, adjusted for
export subsidies, as indicated in the
chart above.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of (a) the date which is 90
days before the date on which the
suspension of liquidation was first
ordered, or (b) the date on which notice
of initiation of the investigation was
published. Commerce preliminarily
finds that critical circumstances exist
for all imports of subject merchandise
from China. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date which is 90 days before
the publication of this notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
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16:56 Sep 05, 2018
Jkt 244001
margin by the appropriate rate(s). Any
such cash deposit rates may be found in
the Preliminary Determination Section’s
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margin calculated in this
preliminary determination unadjusted
for the export subsidies at the time the
CVD provisional measures expire. These
suspension of liquidation instructions
will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of its 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). However,
because Commerce preliminarily
applied AFA to companies in this
investigation in accordance with section
776 of the Act, and the applied AFA rate
is based solely on the petition, there are
no calculations to disclose.
Verification
Because all respondents did not
provide information requested by
Commerce and we preliminarily
determine that all respondents to have
been uncooperative, verification will
not be conducted.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
PO 00000
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Fmt 4703
Sfmt 4703
27.27
Cash deposit
(percent)
26.65
briefs.10 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.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV and preliminary
determination of critical circumstances.
If the Commerce 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 imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry and whether critical
circumstances exist.
10 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
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
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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. Scope Comments
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16:56 Sep 05, 2018
Jkt 244001
V. Discussion of the Methodology
A. Non-Market Economy Country
B. China-Wide Entity
C. Use of Facts Otherwise Available With
an Adverse Inference
D. Application of Facts Available
E. Application of Facts Available With an
Adverse Inference
F. Selection and Corroboration of the AFA
Rate
G. Preliminary Affirmative Determination
of Critical Circumstances
1. Legal Framework
2. Critical Circumstances Allegation
3. Analysis
VI. Adjustment under Section 777a(F) of the
Act
VII. Adjustments to Cash Deposit Rates for
Export Subsidies
VIII. Verification
IX. Conclusion
[FR Doc. 2018–19333 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–076]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Amended Preliminary Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 22, 2018, the
Department of Commerce (Commerce)
published in the Federal Register the
preliminary determination of the
countervailing duty (CVD) investigation
on certain plastic decorative ribbon
(plastic ribbon) from the People’s
Republic of China (China). Commerce is
amending the scope of the preliminary
determination.
DATES: Applicable September 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, 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) 482–3148.
SUPPLEMENTARY INFORMATION: On June
22, 2018, Commerce published in the
Federal Register the preliminary
determination of the CVD investigation
of plastic ribbon.1 On August 2, 2018,
Commerce placed on the record of this
investigation a preliminary decision
AGENCY:
1 Certain Plastic Decorative Ribbon from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Duty Determination, 83 FR 29096 (June 22, 2018)
(Preliminary CVD Determination).
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45215
memorandum addressing all comments
received in this proceeding and the
companion antidumping proceeding
regarding the scope of the
investigations.2 In accordance with the
comments discussed in the
memorandum, we made certain changes
to the scope of these investigations. The
changes include a revision to part b) of
clause 4 in paragraph 5, and the
exclusion of certain shredded plastic
film or shredded plastic strip from the
investigations. The revised scope is
printed in its entirety below.
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 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
2 See Scope Comments Preliminary Decision
Memorandum, dated July 30, 2018.
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]]>Agencies
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45213-45215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19333]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-069]
Less-Than-Fair-Value Investigation of Rubber Bands From the
People's Republic of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value and Preliminary Affirmative Determination
of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that rubber bands from the People's Republic of China (China) are being
or are likely to be sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is July 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: Paul Stolz 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) 482-4474 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, 8425 (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-Fair-Value Investigations, 83 FR 29748 (June 26, 2018).
\3\ See the memorandum, ``Decision Memorandum for the
Preliminary Determination in the Less-Than-Fair-Value Investigation
of Rubber Bands from the People's Republic of China,'' dated August
29, 2018 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are rubber bands from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\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 and the
People's Republic of China: 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. Pursuant to section 776(a) and (b) of the Act, we have
preliminarily relied upon facts otherwise available, with adverse
inferences, for the China-wide entity because it did not respond to our
requests for information. Specifically, all companies to which Commerce
issued quantity and value (Q&V) questionnaires failed to respond.\8\
Thus, no companies have demonstrated their eligibility for a separate
rate and are preliminarily found to be part of the China-wide entity.
Furthermore, we find that the China-wide entity's lack of
participation, including the failure of certain parts of the China-wide
entity to submit Q&V information, constitutes circumstances under which
it is reasonable to conclude that the China-wide entity as a whole
failed to cooperate to the best of its ability to comply with
Commerce's request for information. For a full description of the
methodology underlying Commerce's preliminary determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See the memorandum, ``Antidumping Duty Investigation of
Rubber Bands from the People's Republic of China: Delivery of
Quantity and Value Questionnaire to Exporters/Producers,'' dated
March 6, 2018.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances
On June 11, 2018, as revised on August 7, 2018, the petitioner
timely filed a critical circumstances allegation, pursuant to section
733(e)(1) of the Act and 19 CFR 351.206, alleging that critical
circumstances exist with respect to imports of rubber bands from
China.\9\ Based on the failure of all respondents, and thus the China-
wide entity, to cooperate to the best of their ability to comply with
Commerce's requests for information, we preliminarily determine that
massive imports of rubber bands from China existed for the China-wide
entity, based on adverse facts available, pursuant to section
733(e)(1)(B) of the Act. In addition, we have preliminarily determined
that there is a reasonable basis to believe or suspect that importers
knew, or should have known, that merchandise was being sold for less
than fair value and that those sales were likely to cause material
injury in accordance with section 733(e)(1)(A)(ii) of the Act.
---------------------------------------------------------------------------
\9\
---------------------------------------------------------------------------
For a full description of the methodology and the results of
Commerce's analysis, see the Preliminary Decision Memorandum.
[[Page 45214]]
Preliminary Determination
We preliminarily determine that the following estimated weighted-
average dumping margin exists:
----------------------------------------------------------------------------------------------------------------
Estimated
weighted-
Producer Exporter average Cash deposit
dumping margin (percent)
(percent)
----------------------------------------------------------------------------------------------------------------
China-Wide Entity............................. China-Wide Entity............... 27.27 26.65
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise, 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, as
discussed below. Further, 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 estimated weighted-average dumping margin,
adjusted for export subsidies, as indicated in the chart above.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for all imports of subject
merchandise from China. In accordance with section 733(e)(2)(A) of the
Act, the suspension of liquidation shall apply to all unliquidated
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date which is 90 days before the
publication of this notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for export subsidies, Commerce has offset the
calculated estimated weighted-average dumping margin by the appropriate
rate(s). Any such cash deposit rates may be found in the Preliminary
Determination Section's chart of estimated weighted-average dumping
margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margin calculated in this preliminary determination unadjusted for the
export subsidies at the time the CVD provisional measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its 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). However, because Commerce
preliminarily applied AFA to companies in this investigation in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
Verification
Because all respondents did not provide information requested by
Commerce and we preliminarily determine that all respondents to have
been uncooperative, verification will not be conducted.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\10\ 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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\10\ 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.
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV and
preliminary determination of critical circumstances. If the Commerce
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 imports of the subject
merchandise are materially injuring, or threaten material injury to,
the U.S. industry and whether critical circumstances exist.
[[Page 45215]]
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. Scope Comments
V. Discussion of the Methodology
A. Non-Market Economy Country
B. China-Wide Entity
C. Use of Facts Otherwise Available With an Adverse Inference
D. Application of Facts Available
E. Application of Facts Available With an Adverse Inference
F. Selection and Corroboration of the AFA Rate
G. Preliminary Affirmative Determination of Critical
Circumstances
1. Legal Framework
2. Critical Circumstances Allegation
3. Analysis
VI. Adjustment under Section 777a(F) of the Act
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Verification
IX. Conclusion
[FR Doc. 2018-19333 Filed 9-5-18; 8:45 am]
BILLING CODE 3510-DS-P
