Certain Plastic Decorative Ribbon From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 1064-1067 [2019-00754]

Download as PDF 1064 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. VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 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). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 http://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 http:// 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). E:\FR\FM\01FEN1.SGM 01FEN1 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. VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 1065 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 PO 00000 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 E:\FR\FM\01FEN1.SGM 01FEN1 1066 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices 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; VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices 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 VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 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.
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    \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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    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 http://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 http://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.
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    \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.
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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.
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    \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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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\
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    \6\ See Issues and Decision Memorandum.
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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