Certain Plastic Decorative Ribbon From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 1055-1059 [2019-00755]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
Weighted-average
dumping margin
(percent)
Exporter
Jiangsu High Hope Int’l Group 17 ..................................................................................................................................................
JingAo Solar Co., Ltd ....................................................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd ..........................................................................................................................
Shanghai BYD Co., Ltd .................................................................................................................................................................
Shenzhen Glory Industries Co., Ltd ..............................................................................................................................................
Shenzhen Topray Solar Co., Ltd ...................................................................................................................................................
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power Co., Ltd ................................................................................................
Accordingly, Commerce will continue
the suspension of liquidation of the
subject merchandise pending the
expiration of the period of appeal or, if
appealed, pending a final and
conclusive court decision. In the event
the Court’s ruling is not appealed or, if
appealed, upheld by the CAFC,
Commerce will instruct U.S. Customs
and Border Protection to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by the respondents using the assessment
rates calculated by Commerce listed
above.
Cash Deposit Requirements
Because cash deposit rate for all of the
respondents listed above, with the
exception of BYD (Shangluo) Industrial
Co., Ltd., Dongguan Sunworth Solar
Energy Co., Ltd., and Shenzhen Glory
Industries Co., Ltd., have been
superseded by cash deposit rates
calculated in intervening administrative
reviews of the AD order on solar cells
from China, we will not alter the cash
deposit rate currently in effect for these
respondents based on these amended
final results. Effective December 23,
2018, the cash deposit rate applicable to
entries of subject merchandise exported
by BYD (Shangluo) Industrial Co., Ltd.,
Dongguan Sunworth Solar Energy Co.,
Ltd., and Shenzhen Glory Industries
Co., Ltd. is 3.96 percent.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
17 In the fourth administrative review, Commerce
determined that Jiangsu High Hope Int’l Group
failed to demonstrate its entitlement to a separate
rate. See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2015–
2016, 83 FR 1018 (January 9, 2018), unchanged at
final, Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2015–2016,
83 FR 35616 (July 27, 2019). The cash deposit rate
applicable to this firm was revised accordingly. See
cash deposit instruction message number 8214308.
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Dated: December 21, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2019–00753 Filed 1–31–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–075]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Final Determination of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
investigation made sales of subject
merchandise at less than normal value.
DATES: Applicable February 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker, Lauren Caserta, or Caitlin
Monks, 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) 482–0196,
(202) 482–4737, or (202) 482–2670,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Determination of this investigation in
the Federal Register on August 8, 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
1 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value, 83
FR 39058 (August 8, 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).
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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 at 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 April 1,
2017, through September 30, 2017.
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 Preliminary Scope Decision
Memorandum.4 Commerce has
reviewed the scope briefs submitted by
interested parties, considered the
arguments therein, and has made
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Plastic Decorative Ribbon
from China,’’ dated concurrently with, and hereby
adopted by, this notice (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.
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changes to the scope of the
investigation, including incorporating
additional exclusions and clarifying
language. For a summary of the scope
comments and scope rebuttal responses
submitted to the record for this final
determination, along with the
accompanying discussion and analysis
of all scope comments timely received,
see the Issues and Decision
Memorandum.
Verification
In August 2018, we conducted
verifications of the questionnaire
responses submitted by mandatory
respondents Dongguan Ricai Plastic
Technology Co., Ltd. and Ricai Film
Artwork Materials Co., Ltd.
(collectively, Ricai), and Ningbo Junlong
Craft Gift Co., Ltd. (Junlong) in
accordance with section 782(i) of the
Act. On August 1, 2018, the other
mandatory respondent, Dongguan Mei
Song (Mei Song), requested a one-month
extension to the company’s agreed-upon
verification schedule.5 On August 8,
2018, Commerce granted Mei Song a
two-week extension to the start of
verification.6 Despite the additional
time, in a subsequent letter, Mei Song
reiterated that it still was not possible to
conduct verification, and requested a
full exemption from verification,7 which
Commerce denied because verification
is required by statute in investigations.8
Because Mei Song did not allow
Commerce to conduct verification of its
questionnaire responses, the
information Mei Song submitted in this
investigation is unverified.9 Therefore,
because Mei Song prevented us from
conducting verification of its
questionnaire responses, including its
claim that it is not under de facto or de
jure government control, we find that
Mei Song has failed to demonstrate its
eligibility for separate rate status. Thus,
for purposes of this final determination,
Mei Song will be considered part of the
China-wide entity. We issued
verification reports for Junlong and
Ricai on September 24, 2018, and
October 9, 2018, respectively.10 We
used standard verification procedures,
including an examination of relevant
accounting and financial records, and
original source documents provided by
Ricai and Junlong.
Analysis of 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)
For the final determination we find,
in accordance with sections 776(a)(1),
(a)(2)(A), (C) and (D) and 776(b) of the
Act, that partial AFA is warranted in
calculating the weighted-average
dumping margin for Junlong.
No interested parties commented on
our preliminary determinations that, in
accordance with sections 776(a)(1) and
(a)(2)(A)–(C) and 776(b) of the Act,
application of AFA is warranted with
respect to the China-wide entity. As a
result, we continue to rely on AFA in
determining the rate for the China-wide
entity and, as AFA, have continued to
apply the highest petition margin.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
along with corrections presented at
verification, we made certain changes to
the margin calculations for Junglong and
Ricai since the Preliminary
Determination and have found that Mei
Song should be treated as part of the
China-wide entity for the final
determination. See full discussion in
Issues and Decision Memorandum.
Combination Rates
Consistent with the Preliminary
Determination and Policy Bulletin
05.1,11 Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.
Final Determination
The final weighted-average
antidumping margins are as follows:
Weighted-average
dumping margin
(percent)
Exporter
Producer
Ningbo Junlong Craft Gift Co., Ltd ..........................................
Ricai Film Artwork Materials Co., Ltd ......................................
Sun Rich (Asia) Ltd ..................................................................
Sun Rich (Asia) Ltd ..................................................................
Joynice Gifts & Crafts Co., Ltd ................................................
Chiapton Gifts Decorative Limited ...........................................
Chiapton Gifts Decorative Limited ...........................................
Colorart Plastic Ribbon Productions Limited ...........................
Zhejiang Shaoxing Royal Arts & Crafts Co., Ltd .....................
Zhejiang Shaoxing Royal Arts & Crafts Co., Ltd .....................
Wingo Gift & Crafts (Shenzhen) Co., Ltd ................................
Seng San Enterprises Co., Ltd ................................................
Ningbo Junlong Craft Gift Co., Ltd .........................................
Dongguan Ricai Plastic Technology Co., Ltd .........................
Kai Feng Decoration (Hui Zhou) Co., Ltd ...............................
Sheng Yi Decoration (Dong Guan) Co., Ltd ...........................
Joynice Gifts & Crafts Co., Ltd ...............................................
Nan Mei (Huizhou) Ribbon Art Factory Ltd ............................
Shantou Longhu YingXin Art Craft Factory Co. Ltd ...............
Colorart Industrial Limited .......................................................
Santa’s Collection Shaoxing Co. Ltd ......................................
Zheijang Shaoxing Royal Arts & Crafts Co., Ltd ....................
Wingo Gift & Crafts (Shenzhen) Co., Ltd ...............................
Xin Seng San Handicraft (ShenZhen) Co., Ltd ......................
5 See Mei Song’s Letter, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China—Extension of Time Request for Mei Song’s
On-Site Verification,’’ dated August 1, 2018.
6 See Commerce Letter, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China—Revised Dates for Verification,’’ dated
August 8, 2018.
7 See Letter from Mei Song, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China—Response to Department Letter regarding
Verification,’’ dated August 9, 2018.
8 See Letter from Commerce, ‘‘Less-Than-FairValue Investigation of Certain Plastic Decorative
Ribbon from the People’s Republic of China:
Response to Mei Song’s Request for Exemption from
Verification,’’ dated August 17, 2018.
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9 Id.
10 See
Memorandum to the File, ‘‘Verification of
the Questionnaire Responses of Ningbo Junlong
Craft Gift Co., Ltd. (Junlong) in the Antidumping
Investigation of Certain Plastic Decorative Ribbon
from the People’s Republic of China (China),’’ dated
September 24, 2018; and Memorandum to the File,
‘‘Verification of the Questionnaire Responses of
Dongguan Ricai Plastic Technology Co., Ltd., Ricai
Film Artwork Materials Co., Ltd., Dongguan
Hengsheng Artwork Co., Ltd., and Dongguan
Changsheng Packing Materials Co., Ltd. in the
Antidumping Duty Investigation of Certain Plastic
Decorative Ribbon from the People’s Republic of
China,’’ dated October 9, 2018.
11 See Enforcement and Compliance’s Policy
Bulletin No. 05.1 regarding ‘‘Separate-Rates Practice
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54.21
62.04
58.13
58.13
58.13
58.13
58.13
58.13
58.13
58.13
58.13
58.13
and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
12 The China-wide entity includes Dongguan Mei
Song Plastic Industry Co., Ltd. See Issues and
Decision Memorandum. The China-wide entity also
continues to include companies to whom we issued
quantity and value (Q&V) questionnaires and did
not provide timely Q&V questionnaire responses or
separate rate applications. See the Preliminary
Issues and Decision Memorandum for a full
discussion; see also Appendix III for a list of the
other companies that are considered part of the
China-wide entity.
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1057
Weighted-average
dumping margin
(percent)
Exporter
Producer
Xiangxin Decoration Factory ....................................................
Xinghui Packaging Co., Ltd .....................................................
Shenzhen SHS Technology R&D Co., Ltd ..............................
Xiangxin Decoration Factory ...................................................
Xinghui Packaging Co., Ltd ....................................................
Shenzhen SHS Technology R&D Co., Ltd .............................
58.13
58.13
58.13
China-Wide Entity 12 ................................................................
..................................................................................................
370.04 *
* Determined on the basis of total adverse facts available.
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
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of plastic ribbon from China, as
described in Appendix I of this notice,
which are entered, or withdrawn from
warehouse, for consumption on or after
August 8, 2018, the date of publication
in the Federal Register of the
affirmative Preliminary Determination.
Further, pursuant to section 733(d)(1)(B)
of the Act and 19 CFR 351.205(d),
Commerce will instruct CBP to require
a cash deposit equal to the weighted
average amount by which normal value
exceeds U.S. price, as indicated in the
chart above as follows: (1) For the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the estimated weightedaverage dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third-county
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or the
China-wide entity) that supplied that
third country exporter. These
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission (ITC) of
our final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
accordance with section 735(b)(2) 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 or
sales (or the likelihood of sales) for
importation of common alloy sheet, no
later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping 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 ‘‘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).
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify the United States
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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;
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
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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
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
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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
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.
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Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. SUMMARY
II. BACKGROUND
III. SCOPE COMMENTS
IV. CHANGES SINCE THE PRELIMINARY
DETERMINATION
V. TREATMENT OF MEI SONG
VI. CHINA-WIDE RATE AND USE OF
FACTS OTHERWISE AVAILABLE AND
ADVERSE INFERENCES
VII. DISCUSSION OF THE ISSUES
Scope Comments
Comment 1: Exclusion for Plastic Garlands
and Plastic Tinsel Garlands
Comment 2: Exclusion for Bows Made from
Plastic Garland
Comment 3: Exclusion for Easter Grass,
Tinsel, and Decorative Packaging Shred
Comment 4: Exclusion for Fabric Ribbon
Comment 5: Exclusion for Cords
Comment 6: Clarification of the Exclusion
for Ribbon Formed into a Bow with NonPlastic Decorative Coatings
Comment 7: Exclusion for Ribbon Made of
Both Plastic and Non-Plastic Strands
Comment 8: Clarification Regarding the
Measurement of the Width of Ribbon
Comment 9: Exclusion for Swirl
Decorations
Comment 10: Exclusion for Bows Made
from Plastic Sheet
Comment 11: Exclusion for Flocked and
Unflocked Bows with Flexible Wire,
Ribbon, String, or Other Type of Tie at
the Base
Junlong Issues
Comment 12: Whether to Apply AFA to
Junlong
Comment 12a: Date of Sale
Comment 12b: Product Characteristics
Comment 12c: U.S. Destinations
Comment 12d: Unreported Toller Factors
of Production (FOPs)
Comment 12e: Labor
Comment 12f: Payment Dates
Ricai Issues
Comment 13: Whether to Apply AFA to
Ricai
Comment 13a: Date of Sale
Comment 13b: Disclosure of Unaffiliated
Internal Reseller
Comment 13c: Disclosure of U.S. Selling
Agent
Comment 13d: FOP Production and
Consumption Weights
Comment 13e: FOP Database Allocation
Methodology
Comment 13f: Reporting of Holographic
FOPs
General Issues
Comment 14: Surrogate Value for Plastic
Bag Input
Comment 15: Surrogate Value for Hanging
Strip Input
Comment 16: Value Added Tax Calculation
Comment 17: Which Surrogate Values
Should be Used for PET Film, Glitter
Film, Rainbow Film, and Holographic
Film
Comment 18: Which Surrogate Financial
Statements Should Be Used for Surrogate
Financial Ratios
Comment 19: Surrogate Value for Card
Inputs
E:\FR\FM\01FEN1.SGM
01FEN1
Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
Comment 20: Whether to Treat Point-ofSale Packaging as Direct Material Costs
Comment 21: Whether to Provide an
Export Subsidy Offset
VIII. RECOMMENDATION
Appendix III—Unresponsive
Companies
1. Best Craftwork Products Co., Ltd.
2. Billion Trend International Ltd.
3. Dongguan Xinghui Packaging Co., Ltd.
4. Fangtai Webbing Co.
5. Foshan City Shunde District Fangtai
Webbing Co., Ltd.
6. Hangzhou Jiefa Materials Co., Ltd.
7. Hangzhou Owner Party Co., Ltd.
8. Jiaxing Kaiya Textile Co., Ltd.
9. Long Fine Gift & Bags Factory
10. Nan Mei Decorative Ribbons Co., Ltd.
11. Ningbo Qianyi Color Ribbon Co., Ltd.
12. Ningbo Sellers Union Co., Ltd.
13. Qingdao Hileaders Co., Ltd.
14. Shanghai Foreign Trade Enterprises
Pudong Co., Ltd.
15. Shenzhen Ao Wei Gift Co., Ltd.
16. Shenzhen Gary Gifts Packing Co., Ltd.
17. Shenzhen Guangyunda Technology
Co., Ltd.
18. True Color Gift Packing Co., Ltd.
19. Wellmark Gift (Shenzhen) Co Ltd
20. Wello Gift Co., Ltd.
21. Xiamen Golden Grand Lucky Ribbon &
Bow Co., Ltd.
22. Xiamen Meisida Decorations Co., Ltd.
23. Yangzhou Bestpak Gifts & Crafts Co.,
Ltd.
24. Yiwu Eco-Tondo Artware Co., Ltd.
25. Yongjiaxin Gifts & Crafts Factory
[FR Doc. 2019–00755 Filed 1–31–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–857]
Welded Large Diameter Line Pipe From
Japan: Final Results of the Expedited
Third Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
antidumping duty order on welded large
diameter line pipe (line pipe) from
Japan would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
DATES: Applicable February 1, 2019.
FOR FURTHER INFORMATION CONTACT: John
McGowan, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
VerDate Sep<11>2014
21:23 Jan 31, 2019
Jkt 247001
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3019.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce
published the notice of initiation of the
third sunset review of the antidumping
duty order on line pipe from Japan,
pursuant to section 751(c)(2) of the
Tariff Act of 1930, as amended (the
Act).1 On September 17, 2018,
Commerce received a notice of intent to
participate in this review from
American Cast Iron Pipe Company, Berg
Steel Pipe Corporation, Berg Spiral Pipe
Corporation, Dura-Bond Industries, and
Stupp Corporation, members of the
American Line Pipe Producers
Association (ALPPA), and JSW Steel
(USA) Inc. (JSW Steel), (collectively,
domestic interested parties) within the
deadline specified in 19 CFR
351.218(d)(1)(i).2 The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act, as manufacturers of a domestic
like product in the United States.
On October 1, 2018, we received a
complete substantive response for this
review from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). We
received no substantive responses from
any other interested parties, nor was a
hearing requested. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the order.
Scope of the Order
The product covered by this order is
certain welded carbon and alloy line
pipe, of circular cross section and with
an outside diameter greater than 16
inches, but less than 64 inches, in
diameter, whether or not stenciled. This
product is normally produced according
to American Petroleum Institute (API)
specifications, including Grades A25, A,
B, and X grades ranging from X42 to
X80, but can also be produced to other
specifications. The product currently is
classified under U.S. Harmonized Tariff
Schedule (HTSUS) item numbers
7305.11.10.30, 7305.11.10.60,
7305.11.50.00, 7305.12.10.30,
7305.12.10.60, 7305.12.50.00,
7305.19.10.30. 7305.19.10.60, and
7305.19.50.00. Although the HTSUS
item numbers are provided for
convenience and customs purposes, the
1 See Initiation of Five-Year (Sunset) Reviews, 83
FR 45887 (September 11, 2018).
2 We note that American Cast Iron Pipe Company,
Berg Steel Pipe Corp., and Stupp Corporation were
petitioners in the original antidumping duty
investigation.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
1059
written description of the scope is
dispositive. Specifically not included
within the scope of this investigation is
American Water Works Association
(AWWA) specification water and
sewage pipe and the following size/
grade combinations; of line pipe:
• Having an outside diameter greater
than or equal to 18 inches and less than
or equal to 22 inches, with a wall
thickness measuring 0.750 inch or
greater, regardless of grade.
• Having an outside diameter greater
than or equal to 24 inches and less than
30 inches, with wall thickness
measuring greater than 0.875 inches in
grades A, B, and X42, with wall
thickness measuring greater than 0.750
inches in grades X52 through X56, and
with wall thickness measuring greater
than 0.688 inches in grades X60 or
greater.
• Having an outside diameter greater
than or equal to 30 inches and less than
36 inches, with wall thickness
measuring greater than 1.250 inches in
grades A, B, and X42, with wall
thickness measuring greater than 1.000
inches in grades X52 through X56, and
with wall thickness measuring greater
than 0.875 inches in grades X60 or
greater.
• Having an outside diameter greater
than or equal to 36 inches and less than
42 inches, with wall thickness
measuring greater than 1.375 inches in
grades A, B, and X42, with wall
thickness measuring greater than 1.250
inches in grades X52 through X56, and
with wall thickness measuring greater
than 1.125 inches in grades X60 or
greater.
• Having an outside diameter greater
than or equal to 42 inches and less than
64 inches, with a wall thickness
measuring greater than 1.500 inches in
grades A, B, and X42, with wall
thickness measuring greater than 1.375
inches in grades X52 through X56, and
with wall thickness measuring greater
than 1.250 inches in grades X60 or
greater.
• Having an outside diameter equal to
48 inches, with a wall thickness
measuring 1.0 inch or greater, in grades
X–80 or greater.
• In API grades X80 or above, having
an outside diameter of 48 inches to and
including 52 inches, and with a wall
thickness of 0.90 inch or more.
• In API grades XI00 or above, having
an outside diameter of 48 inches to and
including 52 inches, and with a wall
thickness of 0.54 inch or more.
• An API grade X–80 having an
outside diameter of 21 inches and wall
thickness of 0.625 inch or more.
E:\FR\FM\01FEN1.SGM
01FEN1
]]>Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1055-1059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00755]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-075]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this investigation made sales of
subject merchandise at less than normal value.
DATES: Applicable February 1, 2019.
FOR FURTHER INFORMATION CONTACT: Nancy Decker, Lauren Caserta, or
Caitlin Monks, 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) 482-0196, (202) 482-4737, or (202) 482-2670, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination of this
investigation in the Federal Register on August 8, 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 at Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value, 83 FR 39058 (August 8, 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 Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Plastic Decorative Ribbon from China,''
dated concurrently with, 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 April 1, 2017, through September 30,
2017.
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 Preliminary Scope
Decision Memorandum.\4\ Commerce has reviewed the scope briefs
submitted by interested parties, considered the arguments therein, and
has made
[[Page 1056]]
changes to the scope of the investigation, including incorporating
additional exclusions and clarifying language. For a summary of the
scope comments and scope rebuttal responses submitted to the record for
this final determination, along with the accompanying discussion and
analysis of all scope 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 August 2018, we conducted verifications of the questionnaire
responses submitted by mandatory respondents Dongguan Ricai Plastic
Technology Co., Ltd. and Ricai Film Artwork Materials Co., Ltd.
(collectively, Ricai), and Ningbo Junlong Craft Gift Co., Ltd.
(Junlong) in accordance with section 782(i) of the Act. On August 1,
2018, the other mandatory respondent, Dongguan Mei Song (Mei Song),
requested a one-month extension to the company's agreed-upon
verification schedule.\5\ On August 8, 2018, Commerce granted Mei Song
a two-week extension to the start of verification.\6\ Despite the
additional time, in a subsequent letter, Mei Song reiterated that it
still was not possible to conduct verification, and requested a full
exemption from verification,\7\ which Commerce denied because
verification is required by statute in investigations.\8\ Because Mei
Song did not allow Commerce to conduct verification of its
questionnaire responses, the information Mei Song submitted in this
investigation is unverified.\9\ Therefore, because Mei Song prevented
us from conducting verification of its questionnaire responses,
including its claim that it is not under de facto or de jure government
control, we find that Mei Song has failed to demonstrate its
eligibility for separate rate status. Thus, for purposes of this final
determination, Mei Song will be considered part of the China-wide
entity. We issued verification reports for Junlong and Ricai on
September 24, 2018, and October 9, 2018, respectively.\10\ We used
standard verification procedures, including an examination of relevant
accounting and financial records, and original source documents
provided by Ricai and Junlong.
---------------------------------------------------------------------------
\5\ See Mei Song's Letter, ``Certain Plastic Decorative Ribbon
from the People's Republic of China--Extension of Time Request for
Mei Song's On-Site Verification,'' dated August 1, 2018.
\6\ See Commerce Letter, ``Certain Plastic Decorative Ribbon
from the People's Republic of China--Revised Dates for
Verification,'' dated August 8, 2018.
\7\ See Letter from Mei Song, ``Certain Plastic Decorative
Ribbon from the People's Republic of China--Response to Department
Letter regarding Verification,'' dated August 9, 2018.
\8\ See Letter from Commerce, ``Less-Than-Fair-Value
Investigation of Certain Plastic Decorative Ribbon from the People's
Republic of China: Response to Mei Song's Request for Exemption from
Verification,'' dated August 17, 2018.
\9\ Id.
\10\ See Memorandum to the File, ``Verification of the
Questionnaire Responses of Ningbo Junlong Craft Gift Co., Ltd.
(Junlong) in the Antidumping Investigation of Certain Plastic
Decorative Ribbon from the People's Republic of China (China),''
dated September 24, 2018; and Memorandum to the File, ``Verification
of the Questionnaire Responses of Dongguan Ricai Plastic Technology
Co., Ltd., Ricai Film Artwork Materials Co., Ltd., Dongguan
Hengsheng Artwork Co., Ltd., and Dongguan Changsheng Packing
Materials Co., Ltd. in the Antidumping Duty Investigation of Certain
Plastic Decorative Ribbon from the People's Republic of China,''
dated October 9, 2018.
---------------------------------------------------------------------------
Analysis of 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)
For the final determination we find, in accordance with sections
776(a)(1), (a)(2)(A), (C) and (D) and 776(b) of the Act, that partial
AFA is warranted in calculating the weighted-average dumping margin for
Junlong.
No interested parties commented on our preliminary determinations
that, in accordance with sections 776(a)(1) and (a)(2)(A)-(C) and
776(b) of the Act, application of AFA is warranted with respect to the
China-wide entity. As a result, we continue to rely on AFA in
determining the rate for the China-wide entity and, as AFA, have
continued to apply the highest petition margin.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, along with corrections presented at verification, we made
certain changes to the margin calculations for Junglong and Ricai since
the Preliminary Determination and have found that Mei Song should be
treated as part of the China-wide entity for the final determination.
See full discussion in Issues and Decision Memorandum.
Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\11\ Commerce calculated combination rates for the respondents
that are eligible for a separate rate in this investigation.
---------------------------------------------------------------------------
\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1
regarding ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
The final weighted-average antidumping margins are as follows:
---------------------------------------------------------------------------
\12\ The China-wide entity includes Dongguan Mei Song Plastic
Industry Co., Ltd. See Issues and Decision Memorandum. The China-
wide entity also continues to include companies to whom we issued
quantity and value (Q&V) questionnaires and did not provide timely
Q&V questionnaire responses or separate rate applications. See the
Preliminary Issues and Decision Memorandum for a full discussion;
see also Appendix III for a list of the other companies that are
considered part of the China-wide entity.
------------------------------------------------------------------------
Weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Ningbo Junlong Craft Gift Co., Ningbo Junlong 54.21
Ltd. Craft Gift Co.,
Ltd.
Ricai Film Artwork Materials Dongguan Ricai 62.04
Co., Ltd. Plastic Technology
Co., Ltd.
Sun Rich (Asia) Ltd............. Kai Feng Decoration 58.13
(Hui Zhou) Co.,
Ltd.
Sun Rich (Asia) Ltd............. Sheng Yi Decoration 58.13
(Dong Guan) Co.,
Ltd.
Joynice Gifts & Crafts Co., Ltd. Joynice Gifts & 58.13
Crafts Co., Ltd.
Chiapton Gifts Decorative Nan Mei (Huizhou) 58.13
Limited. Ribbon Art Factory
Ltd.
Chiapton Gifts Decorative Shantou Longhu 58.13
Limited. YingXin Art Craft
Factory Co. Ltd.
Colorart Plastic Ribbon Colorart Industrial 58.13
Productions Limited. Limited.
Zhejiang Shaoxing Royal Arts & Santa's Collection 58.13
Crafts Co., Ltd. Shaoxing Co. Ltd.
Zhejiang Shaoxing Royal Arts & Zheijang Shaoxing 58.13
Crafts Co., Ltd. Royal Arts &
Crafts Co., Ltd.
Wingo Gift & Crafts (Shenzhen) Wingo Gift & Crafts 58.13
Co., Ltd. (Shenzhen) Co.,
Ltd.
Seng San Enterprises Co., Ltd... Xin Seng San 58.13
Handicraft
(ShenZhen) Co.,
Ltd.
[[Page 1057]]
Xiangxin Decoration Factory..... Xiangxin Decoration 58.13
Factory.
Xinghui Packaging Co., Ltd...... Xinghui Packaging 58.13
Co., Ltd.
Shenzhen SHS Technology R&D Co., Shenzhen SHS 58.13
Ltd. Technology R&D
Co., Ltd.
------------------------------------------------------------------------
China-Wide Entity \12\.......... ................... 370.04 *
------------------------------------------------------------------------
* Determined on the basis of total adverse facts available.
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
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of plastic ribbon
from China, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after
August 8, 2018, the date of publication in the Federal Register of the
affirmative Preliminary Determination. Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to the weighted average amount by
which normal value exceeds U.S. price, as indicated in the chart above
as follows: (1) For the producer/exporter combinations listed in the
table above, the cash deposit rate is equal to the estimated weighted-
average dumping margin listed for that combination in the table; (2)
for all combinations of Chinese producers/exporters of merchandise
under consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (3) for all third-county exporters of merchandise under
consideration not listed in the table above, the cash deposit rate is
the cash deposit rate applicable to the Chinese producer/exporter
combination (or the China-wide entity) that supplied that third country
exporter. These suspension of liquidation instructions will remain in
effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
United States International Trade Commission (ITC) of our final
affirmative determination of sales at LTFV. Because Commerce's final
determination is affirmative, in accordance with section 735(b)(2) 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 or sales (or the
likelihood of sales) for importation of common alloy sheet, no later
than 45 days after this final determination. If the ITC determines that
such injury does not exist, this proceeding will be terminated and all
cash deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping 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
``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
[[Page 1058]]
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 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. SCOPE COMMENTS
IV. CHANGES SINCE THE PRELIMINARY DETERMINATION
V. TREATMENT OF MEI SONG
VI. CHINA-WIDE RATE AND USE OF FACTS OTHERWISE AVAILABLE AND ADVERSE
INFERENCES
VII. DISCUSSION OF THE ISSUES
Scope Comments
Comment 1: Exclusion for Plastic Garlands and Plastic Tinsel
Garlands
Comment 2: Exclusion for Bows Made from Plastic Garland
Comment 3: Exclusion for Easter Grass, Tinsel, and Decorative
Packaging Shred
Comment 4: Exclusion for Fabric Ribbon
Comment 5: Exclusion for Cords
Comment 6: Clarification of the Exclusion for Ribbon Formed into
a Bow with Non-Plastic Decorative Coatings
Comment 7: Exclusion for Ribbon Made of Both Plastic and Non-
Plastic Strands
Comment 8: Clarification Regarding the Measurement of the Width
of Ribbon
Comment 9: Exclusion for Swirl Decorations
Comment 10: Exclusion for Bows Made from Plastic Sheet
Comment 11: Exclusion for Flocked and Unflocked Bows with
Flexible Wire, Ribbon, String, or Other Type of Tie at the Base
Junlong Issues
Comment 12: Whether to Apply AFA to Junlong
Comment 12a: Date of Sale
Comment 12b: Product Characteristics
Comment 12c: U.S. Destinations
Comment 12d: Unreported Toller Factors of Production (FOPs)
Comment 12e: Labor
Comment 12f: Payment Dates
Ricai Issues
Comment 13: Whether to Apply AFA to Ricai
Comment 13a: Date of Sale
Comment 13b: Disclosure of Unaffiliated Internal Reseller
Comment 13c: Disclosure of U.S. Selling Agent
Comment 13d: FOP Production and Consumption Weights
Comment 13e: FOP Database Allocation Methodology
Comment 13f: Reporting of Holographic FOPs
General Issues
Comment 14: Surrogate Value for Plastic Bag Input
Comment 15: Surrogate Value for Hanging Strip Input
Comment 16: Value Added Tax Calculation
Comment 17: Which Surrogate Values Should be Used for PET Film,
Glitter Film, Rainbow Film, and Holographic Film
Comment 18: Which Surrogate Financial Statements Should Be Used
for Surrogate Financial Ratios
Comment 19: Surrogate Value for Card Inputs
[[Page 1059]]
Comment 20: Whether to Treat Point-of-Sale Packaging as Direct
Material Costs
Comment 21: Whether to Provide an Export Subsidy Offset
VIII. RECOMMENDATION
Appendix III--Unresponsive Companies
1. Best Craftwork Products Co., Ltd.
2. Billion Trend International Ltd.
3. Dongguan Xinghui Packaging Co., Ltd.
4. Fangtai Webbing Co.
5. Foshan City Shunde District Fangtai Webbing Co., Ltd.
6. Hangzhou Jiefa Materials Co., Ltd.
7. Hangzhou Owner Party Co., Ltd.
8. Jiaxing Kaiya Textile Co., Ltd.
9. Long Fine Gift & Bags Factory
10. Nan Mei Decorative Ribbons Co., Ltd.
11. Ningbo Qianyi Color Ribbon Co., Ltd.
12. Ningbo Sellers Union Co., Ltd.
13. Qingdao Hileaders Co., Ltd.
14. Shanghai Foreign Trade Enterprises Pudong Co., Ltd.
15. Shenzhen Ao Wei Gift Co., Ltd.
16. Shenzhen Gary Gifts Packing Co., Ltd.
17. Shenzhen Guangyunda Technology Co., Ltd.
18. True Color Gift Packing Co., Ltd.
19. Wellmark Gift (Shenzhen) Co Ltd
20. Wello Gift Co., Ltd.
21. Xiamen Golden Grand Lucky Ribbon & Bow Co., Ltd.
22. Xiamen Meisida Decorations Co., Ltd.
23. Yangzhou Bestpak Gifts & Crafts Co., Ltd.
24. Yiwu Eco-Tondo Artware Co., Ltd.
25. Yongjiaxin Gifts & Crafts Factory
[FR Doc. 2019-00755 Filed 1-31-19; 8:45 am]
BILLING CODE 3510-DS-P
