Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 50637-50639 [2018-21849]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
cancelled the planned verification of
Doo Won’s responses due to the
unverifiable state of the record.3 The
period of review (POR) is November 1,
2016, through April 30, 2017. A
summary of the events that occurred
since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for this final determination, are found in
the Issues and Decision Memorandum,
dated concurrently with, and hereby
adopted by, this notice.4 The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Final Rescission of New Shipper
Review
As explained in the Issues and
Decision Memorandum, we continue to
find that Doo Won is not the producer
of the garlic subject to this review.
Accordingly, its new shipper review
request was invalid under 19 CFR
351.214(b)(2)(ii). As a result, we are
rescinding the new shipper review of
Doo Won.
Scope of the Order
Assessment Instructions
As the result of this rescission of the
NSR of Doo Won, the entries of Doo
Won covered by this NSR will be
assessed at the cash deposit rate
required at the time of entry, which is
the China-wide rate.
amozie on DSK3GDR082PROD with NOTICES1
The merchandise covered by this
order is all grades of garlic, whether
whole or separated into constituent
cloves. The subject merchandise is
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
0703.20.0000, 0703.20.0005,
0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
2005.90.9500, 2005.90.9700, and
2005.99.9700. A full description of the
scope of the order is contained in the
Issues and Decision Memorandum.5
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive.
Results) and accompanying Preliminary Decision
Memorandum.
3 See Commerce’s Letter, ‘‘Semiannual New
Shipper Review of the Antidumping Duty Order on
Fresh Garlic from the People’s Republic of China—
Cancellation of Qingdao Doo Won Food Co., Ltd.’s
Verification,’’ dated August 1, 2018.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Rescission of
Antidumping Duty Semiannual New Shipper
Review on Fresh Garlic from the People’s Republic
of China: Qingdao Doo Won Foods Co., Ltd.,’’ dated
October 1, 2018 (Issues and Decision
Memorandum).
5 See the Issues and Decision Memorandum.
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19:13 Oct 05, 2018
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that are raised in the
briefs and addressed in the Issues and
Decision Memorandum is in the
Appendix to this notice.
Cash Deposit Requirements
Effective upon publication of the final
rescission of the NSR of Doo Won,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to collect
cash deposits for exports of subject
merchandise by Doo Won entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, at the China-wide rate.6
Notification to Importers
This notice serves as final reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary of
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of business proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3).
We request timely written notification
of return or destruction of APO
materials or conversion to judicial
protective order. Failure to comply with
6 See
PO 00000
19 CFR 351.212(c).
Frm 00007
Fmt 4703
Sfmt 4703
50637
the regulations and the terms of an APO
is a sanctionable violation.
This notice is issued and published
this notice in accordance with sections
751(i) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: October 1, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Finding that Doo Won is not the Producer
of the Subject Merchandise
VI. Discussion of the Issues
Comment 1: Whether Doo Won was the
Producer of the Subject Merchandise
Comment 2: Whether Commerce’s Reliance
on ‘‘Inconsistencies’’ in Doo Won’s
Responses to Substantiate its
Cancellation of Verification is
Reasonable
Comment 3: Whether Commerce is
Obligated to Verify or Utilize Doo Won’s
Reported Information
Comment 4: Whether Commerce
Wrongfully Rejected Doo Won’s New
Factual Information
VII. Recommendation
[FR Doc. 2018–21733 Filed 10–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–844]
Narrow Woven Ribbons With Woven
Selvedge From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of subject merchandise to the
United States have been made at prices
below normal value during the period of
review (POR) September 1, 2016,
through August 31, 2017. Further,
Commerce preliminarily finds that
Banduoo Ltd. (Banduoo), Fujian
Rongshu Industry Co., Ltd. (Fujian
Rongshu), Roung Shu Industry
Corporation (Roung Shu), and Xiamen
Yi-He Textile Co., Ltd. (Xiamen Yi-He)
AGENCY:
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50638
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
made no shipments of subject
merchandise during the POR. We invite
all interested parties to comment on
these preliminary results.
DATES: Applicable October 9, 2018.
FOR FURTHER INFORMATION CONTACT:
David Crespo, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3693.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to this order
covers narrow woven ribbons with
woven selvedge.1 The merchandise
subject to this order is classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) statistical
categories 5806.32.1020; 5806.32.1030;
5806.32.1050; and 5806.32.1060.
Subject merchandise also may enter
under subheadings 5806.31.00;
5806.32.20; 5806.39.20; 5806.39.30;
5808.90.00; 5810.91.00; 5810.99.90;
5903.90.10; 5903.90.25; 5907.00.60; and
5907.00.80 and under statistical
categories 5806.32.1080; 5810.92.9080;
5903.90.3090; and 6307.90.9889. The
HTSUS statistical categories and
subheadings are provided for
convenience and customs purposes;
however, the written description of the
merchandise covered by this order is
dispositive.
amozie on DSK3GDR082PROD with NOTICES1
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Because mandatory respondent
Ming Wei Co., Ltd. (Ming Wei)
withdrew from participation in the
administrative review and failed to
respond to Commerce’s questionnaire,
we preliminarily determine to apply
adverse facts available (AFA) to this
respondent, in accordance with sections
776(a) and (b) of the Act and 19 CFR
351.308. For a full discussion of the
rationale underlying our preliminary
results, see the Preliminary Decision
Memorandum.
A list of the topics included in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
1 For a complete description of the scope of the
order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the (2014–2015)
Administrative Review of the Antidumping Duty
Order on Narrow Woven Ribbons with Woven
Selvedge from Taiwan’’ (Preliminary Decision
Memorandum), dated concurrently with and hereby
adopted by this notice.
VerDate Sep<11>2014
19:13 Oct 05, 2018
Jkt 247001
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and it is
available to all parties in the Central
Records Unit, Room B–8024 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.
Preliminary Determination of No
Shipments
On November 20, 2017, and
November 30, 2017, Fujian Rongshu,
Roung Shu, and Xiamen Yi-He, and
Banduoo, respectively, timely filed
statements reporting that they made no
shipments of subject merchandise to the
United States during the POR.
Subsequently, we received information
from U.S. Customs and Border
Protection (CBP) confirming the no
shipment claims from Banduoo, Fujian
Rongshu, and Xiamen Yi-He.
With respect to Roung Shu, we
determined that it was necessary to
request additional information from
CBP and Roung Shu related to various
POR entries of merchandise produced
by Roung Shu. After reviewing the
additional information provided by
Roung Shu,2 we preliminarily
determine that Roung Shu had no
shipments during the POR.
Based on the foregoing, Commerce
preliminarily determines that Banduoo,
Fujian Rongshu, Roung Shu, and
Xiamen Yi-He had no shipments during
the POR. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with our practice, we are not
preliminarily rescinding the review
with respect to Banduoo, Fujian
Rongshu, Roung Shu, and Xiamen Yi-He
but, rather, we will complete the review
with respect to these companies and
issue appropriate instructions to CBP
based on the final results of this
review.3
2 See Roung Shu’s Letter re: Narrow Woven
Ribbons with Woven Selvedge from Taiwan: Roung
Shu’s Response to the Department’s May 2, 2018
Questions, dated May 16, 2018, and Roung Shu’s
Letter re: Narrow Woven Ribbons with Woven
Selvedge from Taiwan: Roung Shu’s Response to
the Department’s May 22, 2018 Supplemental
Questionnaire, dated May 25, 2018. In these
submissions, Roung Shu provided documentation
to demonstrate that it only exported non-subject
ribbon to the United States during the POR.
3 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Preliminary Results of the Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists:
Producer/exporter
Dumping
margin
(percent)
Ming Wei Co., Ltd .................
137.20
Public Comment
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.4 Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the time limit
for filing case briefs.5 Parties who
submit case briefs or rebuttal briefs in
this proceeding 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.6 Case and rebuttal
briefs should be filed using ACCESS.7
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.8
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.9
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication date
of this notice, pursuant to section
751(a)(3)(A) of the Act.
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR at 51306
(August 28, 2014).
4 See 19 CFR 351.309(c).
5 See 19 CFR 351.309(d)
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 See 19 CFR 351.303.
8 See 19 CFR 351.310(c).
9 Id.
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.10 We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review. Where
assessments are based upon total facts
available, including AFA, we instruct
CBP to assess duties at the AFA margin
rate. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.11
Further, if we continue to find in the
final results that Banduoo, Fujian
Rongshu, Roung Shu, and Xiamen Yi-He
had no shipments of subject
merchandise during the POR, we will
instruct CBP to liquidate any suspended
entries that entered under their
antidumping duty case numbers (i.e., at
that exporter’s rate) at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. We intend to issue
liquidation instructions to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Ming Wei will
be that established in the final results of
this review; (2) for merchandise
exported by manufacturers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment; (3) if
the exporter is not a firm covered in this
review, or the original investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recently completed segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 4.37 percent, the allothers rate determined in the less-thanfair-value investigation.12 These cash
10 See
19 CFR 351.212(b)(1).
section 751(a)(2)(C) of the Act.
12 See Narrow Woven Ribbons With Woven
Selvedge from Taiwan and the People’s Republic of
China: Amended Antidumping Duty Orders, 75 FR
56982, 56985 (September 17, 2010).
11 See
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19:13 Oct 05, 2018
Jkt 247001
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Application of Facts Available and
Adverse Inferences
A. Use of Facts Otherwise Available
B. Application of Facts Available With an
Adverse Inference
C. Selection and Corroboration of Adverse
Facts Available Rate
VI. Recommendation
[FR Doc. 2018–21849 Filed 10–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on stainless steel flanges
from India.
DATES: Applicable October 9, 2018.
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
50639
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Christian Llinas,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425
and (202) 482–4877, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 735(d) and
777(i)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.210(c), on August 16, 2018,
Commerce published its affirmative
Final Determination in the less than fair
value (LTFV) investigation of stainless
steel flanges from India.1 On September
28, 2018, the ITC notified Commerce of
its final determination pursuant to
section 735(d) of the Act, that an
industry in the United States is
materially injured by reason of LTFV
imports of stainless steel flanges from
India, within the meaning of section
735(b)(1)(A) of the Act.2
Scope of the Order
The products covered by this order
are stainless steel flanges from India.
For a complete description of the scope
of the order, see the Appendix to this
notice.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A) and 735(d) of the Act, the
ITC has notified Commerce of its final
determination in this investigation, in
which it found that imports of stainless
steel flanges from India are materially
injuring a U.S. industry.3 Therefore, in
accordance with sections 735(c)(2) and
736(a) of the Act, we are publishing this
antidumping duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, Commerce
will direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of stainless steel flanges
from India. These antidumping duties
1 See Stainless Steel Flanges from India: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical
Circumstance Determination, 83 FR 40745 (August
16, 2018) (Final Determination).
2 See ITC Letter regarding stainless steel flanges
from India, dated September 28, 2018 (ITC
Notification); see also Stainless Steel Flanges from
China, Inv. No. 731–TA–1384 (Final), USITC Pub.
4828 (September 2018).
3 See ITC Notification.
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Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50637-50639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21849]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-844]
Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of subject merchandise to the United States have been made
at prices below normal value during the period of review (POR)
September 1, 2016, through August 31, 2017. Further, Commerce
preliminarily finds that Banduoo Ltd. (Banduoo), Fujian Rongshu
Industry Co., Ltd. (Fujian Rongshu), Roung Shu Industry Corporation
(Roung Shu), and Xiamen Yi-He Textile Co., Ltd. (Xiamen Yi-He)
[[Page 50638]]
made no shipments of subject merchandise during the POR. We invite all
interested parties to comment on these preliminary results.
DATES: Applicable October 9, 2018.
FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to this order covers narrow woven ribbons
with woven selvedge.\1\ The merchandise subject to this order is
classifiable under the Harmonized Tariff Schedule of the United States
(HTSUS) statistical categories 5806.32.1020; 5806.32.1030;
5806.32.1050; and 5806.32.1060. Subject merchandise also may enter
under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30;
5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60;
and 5907.00.80 and under statistical categories 5806.32.1080;
5810.92.9080; 5903.90.3090; and 6307.90.9889. The HTSUS statistical
categories and subheadings are provided for convenience and customs
purposes; however, the written description of the merchandise covered
by this order is dispositive.
---------------------------------------------------------------------------
\1\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
(2014-2015) Administrative Review of the Antidumping Duty Order on
Narrow Woven Ribbons with Woven Selvedge from Taiwan'' (Preliminary
Decision Memorandum), dated concurrently with and hereby adopted by
this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Because
mandatory respondent Ming Wei Co., Ltd. (Ming Wei) withdrew from
participation in the administrative review and failed to respond to
Commerce's questionnaire, we preliminarily determine to apply adverse
facts available (AFA) to this respondent, in accordance with sections
776(a) and (b) of the Act and 19 CFR 351.308. For a full discussion of
the rationale underlying our preliminary results, see the Preliminary
Decision Memorandum.
A list of the topics included in the Preliminary Decision
Memorandum is attached as an Appendix 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 it is available to
all parties in the Central Records Unit, Room B-8024 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.
Preliminary Determination of No Shipments
On November 20, 2017, and November 30, 2017, Fujian Rongshu, Roung
Shu, and Xiamen Yi-He, and Banduoo, respectively, timely filed
statements reporting that they made no shipments of subject merchandise
to the United States during the POR. Subsequently, we received
information from U.S. Customs and Border Protection (CBP) confirming
the no shipment claims from Banduoo, Fujian Rongshu, and Xiamen Yi-He.
With respect to Roung Shu, we determined that it was necessary to
request additional information from CBP and Roung Shu related to
various POR entries of merchandise produced by Roung Shu. After
reviewing the additional information provided by Roung Shu,\2\ we
preliminarily determine that Roung Shu had no shipments during the POR.
---------------------------------------------------------------------------
\2\ See Roung Shu's Letter re: Narrow Woven Ribbons with Woven
Selvedge from Taiwan: Roung Shu's Response to the Department's May
2, 2018 Questions, dated May 16, 2018, and Roung Shu's Letter re:
Narrow Woven Ribbons with Woven Selvedge from Taiwan: Roung Shu's
Response to the Department's May 22, 2018 Supplemental
Questionnaire, dated May 25, 2018. In these submissions, Roung Shu
provided documentation to demonstrate that it only exported non-
subject ribbon to the United States during the POR.
---------------------------------------------------------------------------
Based on the foregoing, Commerce preliminarily determines that
Banduoo, Fujian Rongshu, Roung Shu, and Xiamen Yi-He had no shipments
during the POR. For additional information regarding this
determination, see the Preliminary Decision Memorandum. Consistent with
our practice, we are not preliminarily rescinding the review with
respect to Banduoo, Fujian Rongshu, Roung Shu, and Xiamen Yi-He but,
rather, we will complete the review with respect to these companies and
issue appropriate instructions to CBP based on the final results of
this review.\3\
---------------------------------------------------------------------------
\3\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 2014).
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Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists:
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Dumping margin
Producer/exporter (percent)
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Ming Wei Co., Ltd...................................... 137.20
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Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\4\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the time limit for filing case briefs.\5\
Parties who submit case briefs or rebuttal briefs in this proceeding
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.\6\ Case and rebuttal briefs should be filed using
ACCESS.\7\
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\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d)
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\8\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\9\
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\8\ See 19 CFR 351.310(c).
\9\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act.
[[Page 50639]]
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\10\ We will instruct CBP to assess antidumping duties
on all appropriate entries covered by this review. Where assessments
are based upon total facts available, including AFA, we instruct CBP to
assess duties at the AFA margin rate. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.\11\
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\10\ See 19 CFR 351.212(b)(1).
\11\ See section 751(a)(2)(C) of the Act.
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Further, if we continue to find in the final results that Banduoo,
Fujian Rongshu, Roung Shu, and Xiamen Yi-He had no shipments of subject
merchandise during the POR, we will instruct CBP to liquidate any
suspended entries that entered under their antidumping duty case
numbers (i.e., at that exporter's rate) at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction. We intend to issue liquidation instructions to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for Ming Wei will be that established in the final results of this
review; (2) for merchandise exported by manufacturers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment; (3) if
the exporter is not a firm covered in this review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 4.37 percent, the
all-others rate determined in the less-than-fair-value
investigation.\12\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Narrow Woven Ribbons With Woven Selvedge from Taiwan
and the People's Republic of China: Amended Antidumping Duty Orders,
75 FR 56982, 56985 (September 17, 2010).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Application of Facts Available and Adverse Inferences
A. Use of Facts Otherwise Available
B. Application of Facts Available With an Adverse Inference
C. Selection and Corroboration of Adverse Facts Available Rate
VI. Recommendation
[FR Doc. 2018-21849 Filed 10-5-18; 8:45 am]
BILLING CODE 3510-DS-P