Certain Plastic Decorative Ribbon From the People's Republic of China: Amended Preliminary Affirmative Countervailing Duty Determination, 45215-45217 [2018-19336]
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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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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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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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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
includes ribbons with embellishments
and/or treatments, including, without
limitation, ribbons that are printed, hotstamped, coated, laminated, flocked,
crimped, die-cut, embossed (or that
otherwise have impressed designs,
images, words or patterns), and ribbons
with holographic, metallic, glitter or
iridescent finishes.
Subject merchandise includes ‘‘pullbows’’ an assemblage of ribbons
connected to one another, folded flat,
and equipped with a means to form
such ribbons into the shape of a bow by
pulling on a length of material affixed
to such assemblage, and ‘‘pre-notched’’
bows, an assemblage of notched ribbon
loops arranged one inside the other with
the notches in alignment and affixed to
each other where notched, and which
the end user forms into a bow by
separating and spreading the loops
circularly around the notches, which
form the center of the bow. Subject
merchandise includes ribbons that are
packaged with non-subject
merchandise, including ensembles that
include ribbons and other products,
such as gift wrap, gift bags, gift tags and/
or other gift packaging products. The
ribbons are covered by the scope of this
investigation; the ‘‘other products’’ (i.e.,
the other, non-subject merchandise
included in the ensemble) are not
covered by the scope of this
investigation.
Excluded from the scope of this
investigation are the following: (1)
Ribbons formed exclusively by weaving
plastic threads together; (2) ribbons that
have metal wire in, on, or along the
entirety of each of the longitudinal
edges of the ribbon; (3) ribbons with an
adhesive coating covering the entire
span between the longitudinal edges of
the ribbon for the entire length of the
ribbon; (4) ribbon formed into a bow
without a tab or other means for
attaching the bow to an object using
adhesives, where the bow has: (a) An
outer layer that is either flocked or made
of fabric, and (b) a flexible metal wire
at the base which permits attachment to
an object by twist-tying; (5) elastic
ribbons, meaning ribbons that elongate
when stretched and return to their
original dimension when the stretching
load is removed; (6) ribbons affixed as
a decorative detail to non-subject
merchandise, such as a gift bag, gift box,
gift tin, greeting card or plush toy, or
affixed (including by tying) as a
decorative detail to packaging
containing non-subject merchandise; (7)
ribbons that are (a) affixed to nonsubject merchandise as a working
component of such non-subject
merchandise, such as where the ribbon
comprises a book marker, bag cinch, or
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part of an identity card holder, or (b)
affixed (including by tying) to nonsubject merchandise as a working
component that holds or packages such
non-subject merchandise or attaches
packaging or labeling to such nonsubject merchandise, such as a ‘‘belly
band’’ around a pair of pajamas, a pair
of socks or a blanket; (8) imitation raffia
made of plastics having a thickness not
more than one (1) mil when measured
in an unfolded/untwisted state; and (9)
ribbons in the form of bows having a
diameter of less than seven-eighths (7⁄8)
of an inch, or having a diameter of more
than 16 inches, based on actual
measurement. For purposes of this
exclusion, the diameter of a bow is
equal to the diameter of the smallest
circular ring through which the bow
will pass without compressing the bow.
The scope of the investigation is not
intended to include shredded plastic
film or shredded plastic strip, in each
case where the shred does not exceed 5
mm in width and does not exceed 18
inches in length, imported in bags.
Further, excluded from the scope of
the antidumping duty investigation are
any products covered by the existing
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from the People’s
Republic of China (China). See
Polyethylene Terephthalate Film, Sheet,
and Strip from Brazil, the People’s
Republic of China and the United Arab
Emirates: Antidumping Duty Orders and
Amended Final Determination of Sales
at Less Than Fair Value for the United
Arab Emirates, 73 FR 66595 (November
10, 2008).
Merchandise covered by this
investigation is currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 3920.20.0015 and
3926.40.0010. Merchandise covered by
this investigation also may enter under
subheadings 3920.10.0000;
3920.20.0055; 3920.30.0000;
3920.43.5000; 3920.49.0000;
3920.62.0050; 3920.62.0090;
3920.69.0000; 3921.90.1100;
3921.90.1500; 3921.90.1910;
3921.90.1950; 3921.90.4010;
3921.90.4090; 3926.90.9996;
5404.90.0000; 9505.90.4000;
4601.99.9000; 4602.90.0000;
5609.00.3000; 5609.00.4000; and
6307.90.9889. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
investigation is dispositive.
Suspension of Liquidation
Pursuant to the Preliminary CVD
Determination, Commerce previously
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suspended liquidation of certain plastic
decorative ribbon from China entered,
or withdrawn from warehouse, for
consumption on or after June 22, 2018
(the publication of the Preliminary CVD
Determination in the Federal Register).
Commerce will now instruct Customs
and Border Protection (CBP) to suspend
liquidation of certain plastic decorative
ribbon from China, as defined by the
revised scope language included above,
entered, or withdrawn from warehouse,
for consumption on or after the
publication of this amended preliminary
determination in the Federal Register.
Commerce will also instruct CBP to lift
suspension of certain shredded plastic
film or shredded plastic strip, as defined
above, now excluded from the
investigation.
Public Comment
Commerce has previously set August
13, 2018, as the deadline for case briefs
and August 20, 2018 as the deadline for
rebuttal briefs regarding the CVD
preliminary determination.3 Commerce
has set a separate deadline for scope
comments for both the antidumping and
CVD proceedings.4 The current deadline
for case briefs regarding scope issues is
August 30, 2018, and the current
deadline for rebuttal briefs regarding
scope issues is September 4, 2018.
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.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its amended preliminary 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 to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
3 See Memorandum from Kaitlin Wojnar,
‘‘Countervailing Duty Investigation of Plastic
Decorative Ribbon from the People’s Republic of
China: Extension of Briefing Schedule and
Clarification Regarding Scope Issues,’’ dated July
24, 2018.
4 See Scope Comments Preliminary Decision
Memorandum at 5.
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–19336 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–DS–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
International Trade Administration
President’s Advisory Council on Doing
Business in Africa
U.S. Department of Commerce,
International Trade Administration.
ACTION: Notice of an open meeting of the
President’s Advisory Council on Doing
Business in Africa (PAC–DBIA or
Council).
AGENCY:
The President’s Advisory
Council on Doing Business in Africa
will hold the final meeting of its term
to deliberate and consider adopting a
report containing recommendations to
the President on actions the United
States Government could take to
mitigate obstacles that U.S. companies
face in doing business in Africa, as well
as findings from the Council’s June 24–
July 5, 2018 Fact-Finding Trip to
Ethiopia, Kenya, Coˆte d’Ivoire and
Ghana, countries the Council identified
as holding particular promise of
business opportunities for U.S.
companies, that was led by Commerce
Secretary Wilbur Ross and Under
Secretary for International Trade Gil
Kaplan. The recommendations in the
Council’s report may include updates to
recommendations the Council
previously adopted on April 18, 2018
for Ethiopia, Kenya, Coˆte d’Ivoire and
Ghana, new recommendations that
focus on those or other African
countries, and recommendations that
apply to the African region broadly.
The Secretary of Commerce extended
the appointments of the members of the
PAC–DBIA by 60 days, to expire on
November 5, 2018, to allow the Council
sufficient time to complete its final
report following the Fact-Finding Trip.
The final agenda for the meeting will
be posted at least one week in advance
of the meeting on the Council’s website
at https://trade.gov/pac-dbia.
DATES: September 26, 2018, 9:30 a.m.–
11:30 a.m.
ADDRESSES: The President’s Advisory
Council on Doing Business in Africa
meeting will be broadcast via live
webcast on the internet at https://
whitehouse.gov/live.
FOR FURTHER INFORMATION CONTACT:
Giancarlo Cavallo or Ashley Bubna,
Designated Federal Officers, President’s
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SUMMARY:
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Advisory Council on Doing Business in
Africa, Department of Commerce, 1401
Constitution Ave. NW, Room 22004,
Washington, DC, 20230, telephone: 202–
482–2091, email: dbia@trade.gov,
Giancarlo.Cavallo@trade.gov,
Ashley.Bubna@trade.gov.
Background: The Council was
established on November 4, 2014, to
advise the President, through the
Secretary of Commerce, on
strengthening commercial engagement
between the United States and Africa.
The Council’s charter was renewed for
a second, two-year term in September
2017. The Council was established in
accordance with the provisions of the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Public Submissions: The public is
invited to submit written statements to
the Council. Statements must be
received by 5:00 p.m. September 19,
2018 by either of the following methods:
a. Electronic Submissions
Submit statements electronically to
Giancarlo Cavallo and Ashley Bubna,
Designated Federal Officers, President’s
Advisory Council on Doing Business in
Africa, via email: dbia@trade.gov.
b. Paper Submissions
Send paper statements to Giancarlo
Cavallo and Ashley Bubna, Designated
Federal Officers, President’s Advisory
Council on Doing Business in Africa,
Department of Commerce, 1401
Constitution Ave. NW, Room 22004,
Washington, DC, 20230.
Statements will be provided to the
members in advance of the meeting for
consideration and also will be posted on
the Council website (https://trade.gov/
pac-dbia). Any business proprietary
information should be clearly
designated as such. All statements
received, including attachments and
other supporting materials, are part of
the public record and subject to public
disclosure.
Meeting minutes: Copies of the
Council’s meeting minutes will be
available within ninety (90) days of the
meeting on the Council’s website at
https://trade.gov/pac-dbia.
Dated: August 30, 2018.
Fred Stewart,
Director, Office of Africa.
[FR Doc. 2018–19346 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–DR–P
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45217
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–070]
Rubber Bands From the People’s
Republic of China: Preliminary
Affirmative Determination of Critical
Circumstances, in Part, in the
Countervailing Duty Investigation, and
Amendment to the Scope of the
Preliminary Determination in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has preliminarily
determined that critical circumstances
exist with respect to imports of rubber
bands from certain producers and
exporters from the People’s Republic of
China (China). Further, Commerce has
amended the scope of the countervailing
duty (CVD) investigation on rubber
bands from China.
DATES: Applicable September 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, 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) 482–4793.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 30, 2018, Commerce
received a CVD petition concerning
imports of rubber bands from China
filed in proper form on behalf of
Alliance Rubber Co. (the petitioner).1
The investigation was initiated on
February 20, 2018,2 and the affirmative
Preliminary Determination was
published on July 9, 2018.3
Commerce selected Graceful Imp. &
Exp. Co., Ltd. (Graceful), Moyoung
Trading Co., Ltd. (Moyoung), and
Ningbo Syloon Imp & Exp Co., Ltd.
(Ningbo Syloon) (collectively, the
mandatory respondents) as the
individually-examined respondents in
1 See Letter from the petitioner, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties: Rubber Bands from Thailand, China, and Sri
Lanka,’’ dated January 30, 2018 (Petition).
2 See Rubber Bands from Thailand, the People’s
Republic of China, and Sri Lanka: Initiation of
Countervailing Duty Investigations, 83 FR 8429
(February 27, 2018) (Initiation Notice), and
accompanying Initiation Checklist.
3 See Rubber Bands from the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping
Determination, 83 FR 31729 (July 9, 2018)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
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]]>Agencies
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45215-45217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19336]
-----------------------------------------------------------------------
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
AGENCY: 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 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.
---------------------------------------------------------------------------
\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).
\2\ See Scope Comments Preliminary Decision Memorandum, dated
July 30, 2018.
---------------------------------------------------------------------------
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
[[Page 45216]]
includes ribbons with embellishments and/or treatments, including,
without limitation, ribbons that are printed, hot-stamped, coated,
laminated, flocked, crimped, die-cut, embossed (or that otherwise have
impressed designs, images, words or patterns), and ribbons with
holographic, metallic, glitter or iridescent finishes.
Subject merchandise includes ``pull-bows'' an assemblage of ribbons
connected to one another, folded flat, and equipped with a means to
form such ribbons into the shape of a bow by pulling on a length of
material affixed to such assemblage, and ``pre-notched'' bows, an
assemblage of notched ribbon loops arranged one inside the other with
the notches in alignment and affixed to each other where notched, and
which the end user forms into a bow by separating and spreading the
loops circularly around the notches, which form the center of the bow.
Subject merchandise includes ribbons that are packaged with non-subject
merchandise, including ensembles that include ribbons and other
products, such as gift wrap, gift bags, gift tags and/or other gift
packaging products. The ribbons are covered by the scope of this
investigation; the ``other products'' (i.e., the other, non-subject
merchandise included in the ensemble) are not covered by the scope of
this investigation.
Excluded from the scope of this investigation are the following:
(1) Ribbons formed exclusively by weaving plastic threads together; (2)
ribbons that have metal wire in, on, or along the entirety of each of
the longitudinal edges of the ribbon; (3) ribbons with an adhesive
coating covering the entire span between the longitudinal edges of the
ribbon for the entire length of the ribbon; (4) ribbon formed into a
bow without a tab or other means for attaching the bow to an object
using adhesives, where the bow has: (a) An outer layer that is either
flocked or made of fabric, and (b) a flexible metal wire at the base
which permits attachment to an object by twist-tying; (5) elastic
ribbons, meaning ribbons that elongate when stretched and return to
their original dimension when the stretching load is removed; (6)
ribbons affixed as a decorative detail to non-subject merchandise, such
as a gift bag, gift box, gift tin, greeting card or plush toy, or
affixed (including by tying) as a decorative detail to packaging
containing non-subject merchandise; (7) ribbons that are (a) affixed to
non-subject merchandise as a working component of such non-subject
merchandise, such as where the ribbon comprises a book marker, bag
cinch, or part of an identity card holder, or (b) affixed (including by
tying) to non-subject merchandise as a working component that holds or
packages such non-subject merchandise or attaches packaging or labeling
to such non-subject merchandise, such as a ``belly band'' around a pair
of pajamas, a pair of socks or a blanket; (8) imitation raffia made of
plastics having a thickness not more than one (1) mil when measured in
an unfolded/untwisted state; and (9) ribbons in the form of bows having
a diameter of less than seven-eighths (\7/8\) of an inch, or having a
diameter of more than 16 inches, based on actual measurement. For
purposes of this exclusion, the diameter of a bow is equal to the
diameter of the smallest circular ring through which the bow will pass
without compressing the bow.
The scope of the investigation is not intended to include shredded
plastic film or shredded plastic strip, in each case where the shred
does not exceed 5 mm in width and does not exceed 18 inches in length,
imported in bags.
Further, excluded from the scope of the antidumping duty
investigation are any products covered by the existing antidumping duty
order on polyethylene terephthalate film, sheet, and strip (PET Film)
from the People's Republic of China (China). See Polyethylene
Terephthalate Film, Sheet, and Strip from Brazil, the People's Republic
of China and the United Arab Emirates: Antidumping Duty Orders and
Amended Final Determination of Sales at Less Than Fair Value for the
United Arab Emirates, 73 FR 66595 (November 10, 2008).
Merchandise covered by this investigation is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 3920.20.0015 and 3926.40.0010. Merchandise covered by this
investigation also may enter under subheadings 3920.10.0000;
3920.20.0055; 3920.30.0000; 3920.43.5000; 3920.49.0000; 3920.62.0050;
3920.62.0090; 3920.69.0000; 3921.90.1100; 3921.90.1500; 3921.90.1910;
3921.90.1950; 3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000;
9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000; 5609.00.4000;
and 6307.90.9889. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of this
investigation is dispositive.
Suspension of Liquidation
Pursuant to the Preliminary CVD Determination, Commerce previously
suspended liquidation of certain plastic decorative ribbon from China
entered, or withdrawn from warehouse, for consumption on or after June
22, 2018 (the publication of the Preliminary CVD Determination in the
Federal Register). Commerce will now instruct Customs and Border
Protection (CBP) to suspend liquidation of certain plastic decorative
ribbon from China, as defined by the revised scope language included
above, entered, or withdrawn from warehouse, for consumption on or
after the publication of this amended preliminary determination in the
Federal Register. Commerce will also instruct CBP to lift suspension of
certain shredded plastic film or shredded plastic strip, as defined
above, now excluded from the investigation.
Public Comment
Commerce has previously set August 13, 2018, as the deadline for
case briefs and August 20, 2018 as the deadline for rebuttal briefs
regarding the CVD preliminary determination.\3\ Commerce has set a
separate deadline for scope comments for both the antidumping and CVD
proceedings.\4\ The current deadline for case briefs regarding scope
issues is August 30, 2018, and the current deadline for rebuttal briefs
regarding scope issues is September 4, 2018. 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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\3\ See Memorandum from Kaitlin Wojnar, ``Countervailing Duty
Investigation of Plastic Decorative Ribbon from the People's
Republic of China: Extension of Briefing Schedule and Clarification
Regarding Scope Issues,'' dated July 24, 2018.
\4\ See Scope Comments Preliminary Decision Memorandum at 5.
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International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its amended preliminary
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 to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
[[Page 45217]]
Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-19336 Filed 9-5-18; 8:45 am]
BILLING CODE 3510-DS-P
