Certain Plastic Decorative Ribbon From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 1064-1067 [2019-00754]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
Preliminary Determination on October
30, 2018.1 The period of this
investigation is July 1, 2017, through
December 31, 2017.
Postponement of Final Determination
Section 735(a)(1) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.210(b)(1) provide that Commerce
will issue the final determination within
75 days after the date of its preliminary
determination. Section 735(a)(2) of the
Act and 19 CFR 351.210(b)(2) provide
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by the exporters
or producers who account for a
significant proportion of exports of the
subject merchandise, or in the event of
a negative preliminary determination, a
request for such postponement is made
by the petitioners. Further, 19 CFR
351.210(e)(2) requires that such
postponement requests by exporters be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period of not more
than six months, in accordance with
section 733(d) of the Act.
On August 15, 2018 and October 23,
2018, Xiamen Sunrise Wheel Group Co.,
Ltd. (Sunrise), a mandatory respondent
that accounts for a ‘‘significant portion’’
of subject merchandise in the LTFV
investigation, requested that Commerce
postpone the final determination by 60
days and to extend the application of
the provisional measures from a fourmonth period to a period of not more
than six months.2 On October 29, 2018,
Accuride Corporation and Maxion
Wheels Akron LLC (collectively, the
petitioners) urged Commerce to limit
Sunrise’s requested extension to no
more than 45 days.3
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) The
preliminary determination was
affirmative; (2) the request was made by
exporters who account for a significant
proportion of exports of the subject
merchandise from the country at issue;
and (3) no compelling reasons for denial
1 See Certain Steel Wheels from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, 83 FR 17798 (April 24, 2018)
(Initiation Notice) and Certain Steel Wheels from
the People’s Republic of China: Preliminary
Determination of Sales at Less-Than-Fair-Value, 83
FR 54568 (October 30, 2018) (Preliminary
Determination).
2 See Sunrise’s August 15 and October 23, 2018
letters re: Request to Extend Final Determination.
3 See the petitioners’ October 29, 2018 letter re:
Extension of Final Determination.
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exist, Commerce is postponing the final
determination of the investigation until
no later than 102 days after the date of
the publication of the relevant
preliminary determination, and
extending the provisional measures
from a four-month period to a period of
not more than six months.4
Accordingly, Commerce will issue its
final determination in the LTFV
investigation no later than February 11,
2019.5
This notice is issued and published
pursuant to 19 CFR 351.210(g).
of investigation (POI) January 1, 2016,
through December 31, 2016.
DATES: Applicable February 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Charlotte Baskin-Gerwitz or 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) 482–4880 or
(202) 482–3148, respectively.
SUPPLEMENTARY INFORMATION:
Dated: December 21, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Background
[FR Doc. 2019–00752 Filed 1–31–19; 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:
Final Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and exporters of certain plastic
decorative ribbon from the People’s
Republic of China (China) received
countervailable subsidies for the period
AGENCY:
4 The respondents selected for individual
examination by Commerce have withdrawn from
participation in this investigation, reducing the
need for a full extension. See e.g., Postponement of
Final Determination of Antidumping and
Countervailing Duty Investigations of Hot-Rolled
Flat-Rolled Carbon-Quality Steel from Brazil, 64 FR
9474 (February 26, 1999). The provisional measures
of CVD investigation started on August 31, 2018.
5 The date of the preliminary determination is
October 23, 2018 and the date of the publication of
the preliminary determination is October 30, 2018.
The final determination of the accompanying
countervailing duty (CVD) investigation has been
previously aligned with this investigation. Thus,
the deadline for issuing the final determination of
the CVD investigation is also February 11, 2019. See
Certain Steel Wheels from the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 83 FR 44573 (August 31, 2018).
Postponing the final determinations to 102 days
after the date of the publication of the preliminary
determination would place the deadline on
Saturday, February 9, 2019. Commerce’s practice
dictates that where a deadline falls on a weekend
or federal holiday, the appropriate deadline is the
next business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
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Commerce published the Preliminary
Determination of this investigation in
the Federal Register on June 22, 2018.1
Subsequently, Commerce postponed the
deadline for the final determination to
December 21, 2018.2 A summary of the
events that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.3 A list of topics included
in the Issues and Decision
Memorandum is included as Appendix
II to this notice.
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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Period of Investigation
The period of investigation is January
1, 2016, through December 31, 2016.
1 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Determination with
Final Antidumping Duty Determination, 83 FR
29096 (June 22, 2018) (Preliminary Determination).
2 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Postponement of Final
Determination of Sales at Less Than Fair Value, 83
FR 40226 (August 14, 2018).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Plastic
Ribbon from the People’s Republic of China,’’ dated
concurrently with this determination and hereby
adopted by this notice (Issues and Decision
Memorandum).
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
Scope of the Investigation
The merchandise covered by this
investigation is certain plastic
decorative ribbon from China. For a
complete description of the scope of this
investigation, see Appendix I.
Scope Comments
We invited parties to comment on
Commerce’s Scope Comments
Preliminary Decision Memorandum.4
Commerce has reviewed the briefs
submitted by interested parties,
considered the arguments therein, and
has made changes to the scope of the
investigation, including additional
exclusions and clarifying language. For
a summary of the scope comments and
rebuttal responses submitted to the
record for this final determination,
along with the accompanying
discussion and analysis of all comments
timely received, see the Issues and
Decision Memorandum.
Verification
In June 2018, Commerce conducted
verifications of the questionnaire
responses submitted by mandatory
respondents Seng San Enterprises Co.,
Ltd. and its affiliated producer Xin Seng
San Handicraft (ShenZhen) Co., Ltd.
(collectively, Seng San), and Joynice
Gifts and Crafts Co., Ltd. (Joynice) in
accordance with section 782(i) of the
Act. We issued verification reports for
Seng San and Joynice on July 18, 2018.5
We used standard verification
procedures, including an examination of
relevant accounting and financial
records, and original source documents
provided by Seng San and Joynice.
Analysis of Subsidy Programs and
Comments Received
The issues raised in the case and
rebuttal briefs that were submitted by
interested parties are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice at Appendix II.
4 See Memorandum, ‘‘Certain Plastic Decorative
Ribbon from the People’s Republic of China: Scope
Comments Preliminary Decision Memorandum’’
(Preliminary Scope Decision Memorandum), dated
July 30, 2018.
5 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Seng San Enterprises
Co., Ltd. in the Countervailing Duty Investigation of
Certain Plastic Decorative Ribbon from the People’s
Republic of China,’’ dated July 18, 2018; and
Memorandum, ‘‘Verification of the Questionnaire
Responses of Joynice Gifts and Crafts Co., Ltd. in
the Countervailing Duty Investigation of Certain
Plastic Decorative Ribbon from the People’s
Republic of China,’’ dated July 18, 2018.
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Use of Adverse Facts Available (AFA)
Commerce relied on ‘‘facts otherwise
available,’’ including AFA, for several
findings in the Preliminary
Determination. For the final
determination, we are basing the
countervailing duty (CVD) rates for
Santa’s Collection Shaoxing Co., Ltd.
(Santa’s Collection), Seng San, and
Joynice on facts otherwise available,
pursuant to sections 776(a)(2)(A)–(C)
and 776(b) of the Act. For a full
discussion of AFA, see the Issues and
Decision Memorandum.
San Enterprises Co., Ltd., and their
cross-owned entities, Joynice Gifts &
Crafts Co., Ltd, and Santa’s Collection
Shaoxing Co., Ltd.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from parties and the
minor corrections presented, we made
certain changes to the respondents’’
subsidy rate calculations set forth in the
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.6
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
All-Others Rate
In accordance with section
705(c)(1)(B)(i)(I) of the Act, Commerce
calculated a countervailable subsidy
rate for the individually investigated
exporters/producers of the subject
merchandise. Consistent with sections
705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
Act, Commerce also calculated an
estimated ‘‘all-others’’ rate for exporters
and producers not individually
investigated. Section 705(c)(5)(A)(i) of
the Act provides that the ‘‘all-others’’
rate shall be an amount equal to the
weighted-average of the countervailable
subsidy rates established for
individually investigated exporters and
producers, excluding any rates that are
zero or de minimis or any rates
determined entirely under section 776
of the Act. In this investigation,
Commerce calculated individual
estimated countervailable subsidy rates
for Seng San and Joynice that are not
zero, de minimis, or based entirely on
facts otherwise available. Because we do
not have publicly ranged data from all
company respondents with which to
calculate the all-others rate using a
weighted-average of the individual
estimated subsidy rates, we calculated
the all-others rate using a simple
average of the individual estimated
subsidy rates calculated for the
examined respondents.
Final Determination
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
established individual estimated
countervailable subsidy rates for Seng
6 See
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Issues and Decision Memorandum.
Frm 00019
Fmt 4703
Sfmt 4703
Company
Seng San Enterprises Co.,
Ltd .....................................
Joynice Gifts & Crafts Co.,
Ltd .....................................
Santa’s Collection Shaoxing
Co., Ltd .............................
All-Others ..............................
Subsidy rate
(percent)
18.03
14.27
94.67
16.15
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of merchandise under
consideration from the PRC that were
entered or withdrawn from warehouse,
for consumption, on or after June 22,
2018, the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we issued
instructions to CBP to discontinue the
suspension of liquidation for CVD
purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after October 20, 2018, but to
continue the suspension of liquidation
of all entries from June 22, 2018, as the
case may be, through October 19, 2018.
If the U.S. International Trade
Commission (the ITC) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
CVDs for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
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the final affirmative determination of
countervailable subsidies. Because the
final determination in this proceeding is
affirmative, in accordance with section
705(b) of the Act, the ITC will make its
final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
certain plastic ribbon from China no
later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue a CVD order directing CBP to
assess, upon further instruction by
Commerce, countervailing duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: December 21, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I—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, but disregarding any
features that measure 4 inches or less in
width, such as tapering or cutting at the ends
or in a bow knot, provided that aggregate
length of such features comprises no more
than 20% of the length of the ribbon. Subject
merchandise includes but is 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 eggshaped configuration; made into bows, bowlike items, or other shapes or configurations;
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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 nonplastic 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
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 ‘‘prenotched’’ 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
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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, made of fabric, or covered by any
other decorative coating such as glitter
(whether of plastic or non-plastic materials),
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 nonsubject 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; (9)
cords, i.e., multiple strands of materials that
have been braided, gimped or twisted
together; and (10) 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 excludes
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.
The scope of the investigation excludes
plastic garlands and plastic tinsel garlands,
imported in lengths of not less than three (3)
feet. The longitudinal base of these garlands
may be made of wire or non-wire material,
and these garlands may include plastic diecut pieces. Also excluded are items made of
plastic garland and/or plastic tinsel where
the items do not have a tab or other means
for attaching the item to an object using
adhesives. This exclusion does not apply to
plastic garland bows, plastic tinsel bows, or
other bow-like products made of plastic
garland or plastic tinsel.
The scope of the investigation excludes
ribbons made exclusively of fabric formed by
weaving or knitting threads together, or by
matting, condensing or pressing fibers
together to create felt fabric, regardless of
thread or fiber composition, including
without limitation, fabric ribbons of
polyester, nylon, acrylic or terylene threads
or fibers. This exclusion does not apply to
plastic ribbons that are flocked.
The scope of the investigation excludes
ribbons having a width of less than three (3)
mm when incorporated by weaving into
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mesh material (whether flat or tubular) or
fabric ribbon (meaning ribbon formed by
weaving all or any of the following: Manmade fibers, natural fibers, metal threads
and/or metalized yarns), in each case only
where the mesh material or fabric ribbon is
imported in the form of a decorative bow or
a decorative bow-like item.
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.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Plastic Garlands and
Plastic Tinsel Garlands Should be
Excluded From the Scope
Comment 2: Whether Bows Made From
Plastic Garland Should be Excluded
From the Scope
Comment 3: Whether Easter Grass, Tinsel,
and Decorative Packaging Shred Should
be Excluded From the Scope
Comment 4: Whether Fabric Ribbon
Should be Excluded From the Scope
Comment 5: Whether Cords Should be
Excluded From the Scope
Comment 6: Clarification of the Exclusion
for Ribbon Formed Into a Bow With NonPlastic Decorative Coatings
Comment 7: Clarification of the Exclusion
for Ribbon Made of Both Plastic and
Non-Plastic Strands
Comment 8: Clarification Regarding the
Measurement of the Width of Ribbon
Comment 9: Whether Swirl Decorations
Should be Excluded From the Scope
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Comment 10: Whether Bows Made From
Plastic Sheet Should be Excluded From
the Scope
Comment 11: Whether Flocked and
Unflocked Bows With Flexible Wire,
Ribbon, String, or Other Type of Tie at
the Base Should be Excluded From the
Scope
Comment 12: Whether Commerce Should
Impose Partial AFA for Seng San’s
Failure to Disclose a Predecessor
Company
Comment 13: Whether Commerce Should
Apply AFA to the Export Buyer’s Credit
Program
Comment 14: Whether Commerce’s Chosen
AFA Rate for the Export Buyer’s Credit
Program is Appropriate
Comment 15: Whether the Export Buyer’s
Credit Program Should be Considered an
Export Subsidy
X. Conclusion
[FR Doc. 2019–00754 Filed 1–31–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews: Notice of Completion of
Panel Review
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of Completion of Panel
Review in the matter of Certain
Uncoated Groundwood Paper From
Canada: Final Determination of Sales at
Less Than Fair Value (Secretariat File
Number: USA–CDA–2018–1904–05).
AGENCY:
The U.S. Section of the
NAFTA Secretariat has received
motions filed on behalf of the
Government of Canada; the U.S.
Department of Commerce; North Pacific
Paper Company (‘‘NORPAC’’); Alberta
Newsprint Company; Catalyst Paper
Corporation, Catalyst Pulp and Paper
Sales Inc. and Catalyst Paper (USA) Inc.;
Gannett Supply Corporation; Kruger
Trois-Rivieres L.P., Corner Brook Pulp
and Paper Limited, Kruger Publication
Papers Inc. and Kruger Brampton L.P.;
Resolute FP Canada Inc. and Resolute
FP U.S. Inc.; and Rayonier A.M. Canada
(successor to Tembec Inc.) requesting
the termination of panel review in the
matter of Certain Uncoated
Groundwood Paper From Canada: Final
Determination of Sales at Less Than Fair
Value (Groundwood Paper AD) NAFTA
dispute.
Given all the participants have filed
motions requesting termination and
pursuant to Rule 71(2) of the NAFTA
Rules of Procedure for Article 1904
SUMMARY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
1067
Binational Panel Reviews (Rules), the
NAFTA Groundwood Paper AD dispute
has been terminated.
As a result, and in accordance with
Rule 78(a), notice is hereby given that
panel review of the NAFTA
Groundwood Paper AD dispute has
been completed effective November 30,
2018.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the government of the United
States, the government of Canada, and
the government of Mexico. There are
established Rules, which were adopted
by the three governments and require
Notices of Completion of Panel Review
to be published in accordance with Rule
78. For the complete Rules, please see
https://www.nafta-sec-alena.org/Home/
Texts-of-the-Agreement/Rules-ofProcedure/Article-1904.
Dated: January 29, 2019.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2019–00780 Filed 1–31–19; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG717
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approved Monitoring Service
Providers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of approved monitoring
service providers.
AGENCY:
NMFS has approved four
companies to provide Northeast
multispecies sector at-sea monitoring
services in fishing years 2019 and 2020.
Regulations implementing the Northeast
Multispecies Fishery Management Plan
require at-sea monitoring companies to
apply to, and be approved by, NMFS in
order to be eligible to provide at-sea
monitoring services to sectors. This
action will allow sectors to contract atsea monitoring services with any of the
SUMMARY:
E:\FR\FM\01FEN1.SGM
01FEN1
]]>Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1064-1067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00754]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-076]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Final Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and exporters of certain plastic decorative ribbon from the
People's Republic of China (China) received countervailable subsidies
for the period of investigation (POI) January 1, 2016, through December
31, 2016.
DATES: Applicable February 1, 2019.
FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz or 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) 482-4880
or (202) 482-3148, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination of this
investigation in the Federal Register on June 22, 2018.\1\
Subsequently, Commerce postponed the deadline for the final
determination to December 21, 2018.\2\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\3\ A list of topics included in the Issues and Decision
Memorandum is included as Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination with
Determination with Final Antidumping Duty Determination, 83 FR 29096
(June 22, 2018) (Preliminary Determination).
\2\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Postponement of Final Determination of Sales at
Less Than Fair Value, 83 FR 40226 (August 14, 2018).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Certain Plastic Ribbon from the People's Republic of China,'' dated
concurrently with this determination and hereby adopted by this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version are identical in content.
Period of Investigation
The period of investigation is January 1, 2016, through December
31, 2016.
[[Page 1065]]
Scope of the Investigation
The merchandise covered by this investigation is certain plastic
decorative ribbon from China. For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
We invited parties to comment on Commerce's Scope Comments
Preliminary Decision Memorandum.\4\ Commerce has reviewed the briefs
submitted by interested parties, considered the arguments therein, and
has made changes to the scope of the investigation, including
additional exclusions and clarifying language. For a summary of the
scope comments and rebuttal responses submitted to the record for this
final determination, along with the accompanying discussion and
analysis of all comments timely received, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Plastic Decorative Ribbon from the
People's Republic of China: Scope Comments Preliminary Decision
Memorandum'' (Preliminary Scope Decision Memorandum), dated July 30,
2018.
---------------------------------------------------------------------------
Verification
In June 2018, Commerce conducted verifications of the questionnaire
responses submitted by mandatory respondents Seng San Enterprises Co.,
Ltd. and its affiliated producer Xin Seng San Handicraft (ShenZhen)
Co., Ltd. (collectively, Seng San), and Joynice Gifts and Crafts Co.,
Ltd. (Joynice) in accordance with section 782(i) of the Act. We issued
verification reports for Seng San and Joynice on July 18, 2018.\5\ We
used standard verification procedures, including an examination of
relevant accounting and financial records, and original source
documents provided by Seng San and Joynice.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Verification of the Questionnaire
Responses of Seng San Enterprises Co., Ltd. in the Countervailing
Duty Investigation of Certain Plastic Decorative Ribbon from the
People's Republic of China,'' dated July 18, 2018; and Memorandum,
``Verification of the Questionnaire Responses of Joynice Gifts and
Crafts Co., Ltd. in the Countervailing Duty Investigation of Certain
Plastic Decorative Ribbon from the People's Republic of China,''
dated July 18, 2018.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The issues raised in the case and rebuttal briefs that were
submitted by interested parties are discussed in the Issues and
Decision Memorandum. A list of the issues that parties raised, and to
which we responded in the Issues and Decision Memorandum, is attached
to this notice at Appendix II.
Use of Adverse Facts Available (AFA)
Commerce relied on ``facts otherwise available,'' including AFA,
for several findings in the Preliminary Determination. For the final
determination, we are basing the countervailing duty (CVD) rates for
Santa's Collection Shaoxing Co., Ltd. (Santa's Collection), Seng San,
and Joynice on facts otherwise available, pursuant to sections
776(a)(2)(A)-(C) and 776(b) of the Act. For a full discussion of AFA,
see the Issues and Decision Memorandum.
Changes Since the Preliminary Determination
Based on our analysis of the comments received from parties and the
minor corrections presented, we made certain changes to the
respondents'' subsidy rate calculations set forth in the Preliminary
Determination. For a discussion of these changes, see the Issues and
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
All-Others Rate
In accordance with section 705(c)(1)(B)(i)(I) of the Act, Commerce
calculated a countervailable subsidy rate for the individually
investigated exporters/producers of the subject merchandise. Consistent
with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, Commerce
also calculated an estimated ``all-others'' rate for exporters and
producers not individually investigated. Section 705(c)(5)(A)(i) of the
Act provides that the ``all-others'' rate shall be an amount equal to
the weighted-average of the countervailable subsidy rates established
for individually investigated exporters and producers, excluding any
rates that are zero or de minimis or any rates determined entirely
under section 776 of the Act. In this investigation, Commerce
calculated individual estimated countervailable subsidy rates for Seng
San and Joynice that are not zero, de minimis, or based entirely on
facts otherwise available. Because we do not have publicly ranged data
from all company respondents with which to calculate the all-others
rate using a weighted-average of the individual estimated subsidy
rates, we calculated the all-others rate using a simple average of the
individual estimated subsidy rates calculated for the examined
respondents.
Final Determination
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we
established individual estimated countervailable subsidy rates for Seng
San Enterprises Co., Ltd., and their cross-owned entities, Joynice
Gifts & Crafts Co., Ltd, and Santa's Collection Shaoxing Co., Ltd.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Seng San Enterprises Co., Ltd........................... 18.03
Joynice Gifts & Crafts Co., Ltd......................... 14.27
Santa's Collection Shaoxing Co., Ltd.................... 94.67
All-Others.............................................. 16.15
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all entries of
merchandise under consideration from the PRC that were entered or
withdrawn from warehouse, for consumption, on or after June 22, 2018,
the date of publication of the Preliminary Determination in the Federal
Register. In accordance with section 703(d) of the Act, we issued
instructions to CBP to discontinue the suspension of liquidation for
CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after October 20, 2018, but to continue the suspension
of liquidation of all entries from June 22, 2018, as the case may be,
through October 19, 2018.
If the U.S. International Trade Commission (the ITC) issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
subject merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of
[[Page 1066]]
the final affirmative determination of countervailable subsidies.
Because the final determination in this proceeding is affirmative, in
accordance with section 705(b) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of certain plastic ribbon from China no later than 45 days
after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue a CVD order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the ``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305(a)(3). Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: December 21, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I--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, but
disregarding any features that measure 4 inches or less in width,
such as tapering or cutting at the ends or in a bow knot, provided
that aggregate length of such features comprises no more than 20% of
the length of the ribbon. Subject merchandise includes but is 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 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, made of fabric, or covered by any other
decorative coating such as glitter (whether of plastic or non-
plastic materials), 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; (9) cords,
i.e., multiple strands of materials that have been braided, gimped
or twisted together; and (10) 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 excludes 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.
The scope of the investigation excludes plastic garlands and
plastic tinsel garlands, imported in lengths of not less than three
(3) feet. The longitudinal base of these garlands may be made of
wire or non-wire material, and these garlands may include plastic
die-cut pieces. Also excluded are items made of plastic garland and/
or plastic tinsel where the items do not have a tab or other means
for attaching the item to an object using adhesives. This exclusion
does not apply to plastic garland bows, plastic tinsel bows, or
other bow-like products made of plastic garland or plastic tinsel.
The scope of the investigation excludes ribbons made exclusively
of fabric formed by weaving or knitting threads together, or by
matting, condensing or pressing fibers together to create felt
fabric, regardless of thread or fiber composition, including without
limitation, fabric ribbons of polyester, nylon, acrylic or terylene
threads or fibers. This exclusion does not apply to plastic ribbons
that are flocked.
The scope of the investigation excludes ribbons having a width
of less than three (3) mm when incorporated by weaving into
[[Page 1067]]
mesh material (whether flat or tubular) or fabric ribbon (meaning
ribbon formed by weaving all or any of the following: Man-made
fibers, natural fibers, metal threads and/or metalized yarns), in
each case only where the mesh material or fabric ribbon is imported
in the form of a decorative bow or a decorative bow-like item.
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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Plastic Garlands and Plastic Tinsel Garlands
Should be Excluded From the Scope
Comment 2: Whether Bows Made From Plastic Garland Should be
Excluded From the Scope
Comment 3: Whether Easter Grass, Tinsel, and Decorative
Packaging Shred Should be Excluded From the Scope
Comment 4: Whether Fabric Ribbon Should be Excluded From the
Scope
Comment 5: Whether Cords Should be Excluded From the Scope
Comment 6: Clarification of the Exclusion for Ribbon Formed Into
a Bow With Non-Plastic Decorative Coatings
Comment 7: Clarification of the Exclusion for Ribbon Made of
Both Plastic and Non-Plastic Strands
Comment 8: Clarification Regarding the Measurement of the Width
of Ribbon
Comment 9: Whether Swirl Decorations Should be Excluded From the
Scope
Comment 10: Whether Bows Made From Plastic Sheet Should be
Excluded From the Scope
Comment 11: Whether Flocked and Unflocked Bows With Flexible
Wire, Ribbon, String, or Other Type of Tie at the Base Should be
Excluded From the Scope
Comment 12: Whether Commerce Should Impose Partial AFA for Seng
San's Failure to Disclose a Predecessor Company
Comment 13: Whether Commerce Should Apply AFA to the Export
Buyer's Credit Program
Comment 14: Whether Commerce's Chosen AFA Rate for the Export
Buyer's Credit Program is Appropriate
Comment 15: Whether the Export Buyer's Credit Program Should be
Considered an Export Subsidy
X. Conclusion
[FR Doc. 2019-00754 Filed 1-31-19; 8:45 am]
BILLING CODE 3510-DS-P
