Rubber Bands From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders, 4774-4776 [2019-02783]
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Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Notices
received after this date will be accepted,
but it may not be possible to
accommodate them.
Written comments concerning ETTAC
affairs are welcome any time before or
after the meeting. To be considered
during the meeting, written comments
must be received by Monday, March 5,
2019, at 5:00 p.m. EDT to ensure
transmission to the members before the
meeting. Minutes will be available
within 30 days of this meeting.
Topic to be considered: During the
March 19 & 20, 2019, meeting, the
newly re-chartered ETTAC will discuss
its priorities and objectives for
recommendations and deliberate on
subcommittee leadership as well as
subcommittee topics. The agenda also
includes providing committee members
with introductions to agencies
participating in the U.S. interagency
Environmental Trade Working Group
(ETWG). OEEI will make the final
agenda available to the public one week
prior to the meeting. Please email
amy.kreps@trade.gov or contact 202–
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Background: The ETTAC is mandated
by Section 2313(c) of the Export
Enhancement Act of 1988, as amended,
15 U.S.C. 4728(c), to advise the
Environmental Trade Working Group of
the Trade Promotion Coordinating
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Commerce, on the development and
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U.S. exports of environmental
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products. The ETTAC was most recently
re-chartered until August 2020.
Dated: February 13, 2019.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–069, C–570–070]
Rubber Bands From the People’s
Republic of China: Antidumping Duty
and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
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Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on November 20,
2018, Commerce published its
affirmative final determination of sales
at less than fair value (LTFV) and its
affirmative final determination that
countervailable subsidies are being
provided to producers and exporters of
rubber bands from China.1 On February
11, 2019, the ITC notified Commerce of
its final affirmative determinations that
an industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
rubber bands from China, within the
meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.2 The ITC also
notified Commerce of its negative
findings concerning critical
circumstances with regard to imports of
this product from China.3
Scope of the Orders
The products covered by these orders
are rubber bands from China. For a
complete description of the scope of the
orders, see the Appendix to this notice.
AD Order
On February 11, 2019, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of rubber bands from China that
are sold in the United States at LTFV.
[FR Doc. 2019–02675 Filed 2–15–19; 8:45 am]
AGENCY:
orders on rubber bands from the
People’s Republic of China (China).
DATES: Applicable February 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Stephanie Berger at (202) 482–2483
(AD) and Kristen Johnson at 202–482–
4793 (CVD), AD/CVD Operations,
Enforcement and Compliance, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
1 See Rubber Bands from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 83 FR 58547 (November 20, 2018) (AD
China Rubber Bands Final); and Rubber Bands from
the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 83 FR 58538
(November 20, 2018) (CVD China Rubber Bands
Final).
2 See Letter to the Honorable Gary Taverman,
Acting Assistance Secretary of Commerce for
Enforcement and Compliance, from David S.
Johanson, Chairman of the ITC, regarding
‘‘Notification of ITC Final Determinations,’’ dated
January 7, 2019 (Filed in ACCESS on February 11,
2019) (ITC Notification); see also Rubber Bands
from China, Investigation Nos. 701–TA–598 and
731–TA–1408 (Final), (USITC Publication 4863).
3 Id.
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Frm 00012
Fmt 4703
Sfmt 4703
Therefore, in accordance with section
735(c)(2) of the Act, we are issuing this
AD order. Because the ITC determined
that imports of rubber bands from China
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of rubber bands from
China. Antidumping duties will be
assessed on unliquidated entries of
rubber bands from China entered, or
withdrawn from warehouse, for
consumption on or after September 6,
2018, the date of publication of the AD
preliminary determination 4 and before
January 4, 2019. Section 733(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of subject merchandise from
China made on or after January 4, 2019,
and prior to the date of publication of
the ITC’s final determination in the
Federal Register are not liable for the
assessment of antidumping duties due
to Commerce’s discontinuation of the
suspension of liquidation.
Continuation of Suspension of
Liquidation—AD
In accordance with section 736 of the
Act, we will instruct CBP to reinstitute
the suspension of liquidation on entries
of rubber bands from China, effective on
the date of publication in the Federal
Register of the ITC’s final affirmative
injury determination. These instructions
suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require
cash deposits equal to the amount as
indicated below. Accordingly, effective
on the date of publication in the Federal
Register of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
the subject merchandise, a cash deposit
4 See Less-Than-Fair-Value Investigation of
Rubber Bands from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 83 FR
45213 (September 6, 2018) (AD China Rubber
Bands Prelim).
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Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Notices
equal to the estimated weighted-average
dumping margin listed below.
tkelley on DSKBCP9HB2PROD with NOTICES
The estimated weighted-average
dumping margin is as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
China-Wide Entity ...................................................
China-Wide Entity ..................................................
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of rubber bands from China, we
will instruct CBP to lift suspension and
to refund any cash deposits made to
secure the payment of estimated
antidumping duties with respect to
entries of rubber bands from China,
entered, or withdrawn from warehouse,
for consumption on or after June 8, 2018
(i.e., 90 days prior to the date of
publication of the AD China Rubber
Bands Prelim), but before September 6,
2018 (i.e., the date of publication of the
AD China Rubber Bands Prelim).
CVD Order
On February 11, 2019, in accordance
with section 705(d) of the Act, the ITC
notified Commerce of its final
determination that the industry in the
United States producing rubber bands is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of rubber
bands from China.5 Therefore, in
accordance with section 705(c)(2) of the
Act, we are issuing this CVD order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act. Commerce
will direct CBP to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
entries of subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
July 9, 2018, the date on which
Commerce published the CVD China
Rubber Bands Prelim in the Federal
Register,6 and before November 6, 2018,
the effective date on which Commerce
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to a
preliminary determination may not
remain in effect for more than 120 days.
5 See
ITC Notification.
Rubber Bands from the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping
Determination, 83 FR 31729 (July 9, 2018) (CVD
China Rubber Bands Prelim).
6 See
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4775
Therefore, entries of subject
merchandise from China made on or
after November 6, 2018, and prior to the
date of publication of the ITC’s final
determination in the Federal Register
are not subject to the assessment of
countervailing duties due to
Commerce’s discontinuation of the
suspension of liquidation.
Suspension of Liquidation—CVD
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of subject merchandise from China,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of rubber bands in
an amount based on the net
countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determination in the Federal
Register, Commerce will instruct CBP to
require, at the same time as importers
would normally deposit estimated
duties on the subject merchandise, a
cash deposit for each entry of subject
merchandise equal to the subsidy rates
listed below. The all-others rate applies
to all producers or exporters not
specifically listed below, as appropriate.
Subsidy rate
(percent)
Company
Graceful Imp. & Exp. Co.,
Ltd .....................................
Moyoung Trading Co., Ltd ....
Ningbo Syloon Imp & Exp
Co., Ltd .............................
All-Others ..............................
125.77
125.77
125.77
125.77
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of rubber bands from China, we
will instruct CBP to lift suspension and
to refund any cash deposits made to
secure the payment of estimated
countervailing duties with respect to
entries of rubber bands from China,
entered, or withdrawn from warehouse,
PO 00000
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Fmt 4703
Sfmt 4703
27.27
Cash deposit
rate
(percent)
26.65
for consumption on or after April 10,
2018 (i.e., 90 days prior to the date of
publication of the CVD China Rubber
Bands Prelim), but before July 9, 2018
(i.e., the date of publication of the CVD
China Rubber Bands Prelim).7
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to rubber bands
from China pursuant to sections 706(a)
and 736(a) of the Act. Interested parties
can find a list of orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 13, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The scope of the orders covers bands made
of vulcanized rubber, with a flat length, as
actually measured end-to-end by the band
lying flat, no less than 1⁄2 inch and no greater
than 10 inches; with a width, which
measures the dimension perpendicular to the
length, actually of at least 3/64 inch and no
greater than 2 inches; and a wall thickness
actually from 0.020 inch to 0.125 inch.
Vulcanized rubber has been chemically
processed into a more durable material by the
addition of sulfur or other equivalent
curatives or accelerators. Subject products
are included regardless of color or inclusion
of printed material on the rubber band’s
surface, including but not limited to, rubber
bands with printing on them, such as a
product name, advertising, or slogan, and
printed material (e.g., a tag) fastened to the
rubber band by an adhesive or another
temporary type of connection. The scope
includes vulcanized rubber bands which are
contained or otherwise exist in various forms
and packages, such as, without limitation,
7 See Rubber Bands from the People’s Republic of
China: Preliminary Affirmative Determination of
Critical Circumstances, in Part, in the
Countervailing Duty Investigation, and Amendment
to the Scope of the Preliminary Determination in
the Countervailing Duty Investigation, 83 FR 45217
(September 6, 2018).
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4776
Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Notices
vulcanized rubber bands included within a
desk accessory set or other type of set or
package, and vulcanized rubber band balls.
The scope excludes products that consist of
an elastomer loop and durable tag all-in-one,
and bands that are being used at the time of
import to fasten an imported product.
Excluded from the scope of the orders are
vulcanized rubber bands of various sizes
with arrow shaped rubber protrusions from
the outer diameter that exceeds at the anchor
point a wall thickness of 0.125 inches and
where the protrusion is used to loop around,
secure and lock in place.
Excluded from the scope of the orders are
yarn/fabric-covered vulcanized rubber hair
bands, regardless of size.
Merchandise covered by the orders is
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheading 4016.99.3510. Merchandise
covered by the scope may also enter under
HTSUS subheading 4016.99.6050. While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the orders
is dispositive.
[FR Doc. 2019–02783 Filed 2–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From the
Russian Federation: Preliminary
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Novolipetsk Steel (NLMK) did not
make a bona fide sale during the period
of review (POR) December 1, 2016,
through November 30, 2017; therefore,
we are preliminarily rescinding this
administrative review. Interested parties
are invited to comment on the
preliminary results of this review.
DATES: Applicable February 19, 2019.
FOR FURTHER INFORMATION CONTACT: John
McGowan or Joshua DeMoss, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3019 or (202) 482–3362,
respectively.
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AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of
initiation of this review on February 9,
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17:46 Feb 15, 2019
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2016.1 Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), Commerce extended these
preliminary results by 90 days until
December 4, 2018.2 Commerce then
extended the preliminary results by an
additional 30 days until January 3,
2019.3
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.4 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the preliminary
results is now February 12, 2019.
Scope of the Order
The product covered by this
administrative review is hot-rolled steel
from Russia. The full text of the scope
of the order is contained in the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum,
which is hereby adopted by this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available in the Central Records Unit,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
6832 (February 9, 2016) (Initiation Notice).
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, entitled ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from the
Russian Federation: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2014/2015,’’ dated August
17, 2016.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, entitled ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from the
Russian Federation: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2014/2015,’’ dated
December 16, 2016.
4 See memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
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Fmt 4703
Sfmt 4703
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Rescission of the
Antidumping Administrative Review of
NLMK
As discussed in the Bona Fide Sales
Analysis Memorandum,5 Commerce
preliminarily finds that the sale made
by (Novolipetsk Steel) NLMK serving as
the basis for this review is not a bona
fide sale. Commerce reached this
conclusion based on the totality of the
record information surrounding NLMK’s
reported sale, including the sales price
and quantity, the limited number of
sales (i.e., one sale) that NLMK reported
during the POR, and customer
correspondence.
Because the non-bona fide sale was
the only reported sale of subject
merchandise during the POR, we find
that NLMK had no reviewable
transactions during this POR.
Accordingly, we are preliminarily
rescinding this administrative review.6
Given that the factual information used
in our bona fides analysis of NLMK’s
sale involves business proprietary
information, see the Bona Fide Sales
Analysis Memorandum for a full
discussion of the basis for our
preliminary determination.
Disclosure and Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of the preliminary
results of review.7 Rebuttals to case
briefs may be filed no later than five
days after the briefs are filed.8 All
rebuttal comments must be limited to
comments raised in the case briefs.9
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement & Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
5 See Memorandum to Abdelali Elouaradia,
Acting Director of Office VI, from John C. McGowan
and Joshua A. DeMoss, International Trade
Compliance Analysts entitled: ‘‘2016–2017
Antidumping Duty Administrative Review of
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel
Products from the Russian Federation: Preliminary
Bona Fide Sales Analysis for Novolipetsk Steel,’’
dated February 12, 2019.
6 See 19 CFR 351.213(d)(3).
7 See 19 CFR 351.309(c).
8 See 19 CFR 351.309(d)(1).
9 See 19 CFR 351.309(d)(2).
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]]>Agencies
[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4774-4776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02783]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-069, C-570-070]
Rubber Bands From the People's Republic of China: Antidumping
Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on rubber bands from the People's Republic of China (China).
DATES: Applicable February 19, 2019.
FOR FURTHER INFORMATION CONTACT: Stephanie Berger at (202) 482-2483
(AD) and Kristen Johnson at 202-482-4793 (CVD), AD/CVD Operations,
Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on November 20, 2018, Commerce published
its affirmative final determination of sales at less than fair value
(LTFV) and its affirmative final determination that countervailable
subsidies are being provided to producers and exporters of rubber bands
from China.\1\ On February 11, 2019, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured by reason of LTFV imports and subsidized imports
of rubber bands from China, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\ The ITC also
notified Commerce of its negative findings concerning critical
circumstances with regard to imports of this product from China.\3\
---------------------------------------------------------------------------
\1\ See Rubber Bands from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 58547
(November 20, 2018) (AD China Rubber Bands Final); and Rubber Bands
from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 83 FR 58538 (November 20, 2018)
(CVD China Rubber Bands Final).
\2\ See Letter to the Honorable Gary Taverman, Acting Assistance
Secretary of Commerce for Enforcement and Compliance, from David S.
Johanson, Chairman of the ITC, regarding ``Notification of ITC Final
Determinations,'' dated January 7, 2019 (Filed in ACCESS on February
11, 2019) (ITC Notification); see also Rubber Bands from China,
Investigation Nos. 701-TA-598 and 731-TA-1408 (Final), (USITC
Publication 4863).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are rubber bands from China.
For a complete description of the scope of the orders, see the Appendix
to this notice.
AD Order
On February 11, 2019, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of rubber bands
from China that are sold in the United States at LTFV. Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order. Because the ITC determined that imports of rubber bands from
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China entered, or withdrawn from warehouse, for
consumption are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of rubber bands from China. Antidumping duties will be
assessed on unliquidated entries of rubber bands from China entered, or
withdrawn from warehouse, for consumption on or after September 6,
2018, the date of publication of the AD preliminary determination \4\
and before January 4, 2019. Section 733(d) of the Act states that the
suspension of liquidation pursuant to a preliminary determination may
not remain in effect for more than four months. Therefore, entries of
subject merchandise from China made on or after January 4, 2019, and
prior to the date of publication of the ITC's final determination in
the Federal Register are not liable for the assessment of antidumping
duties due to Commerce's discontinuation of the suspension of
liquidation.
---------------------------------------------------------------------------
\4\ See Less-Than-Fair-Value Investigation of Rubber Bands from
the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 83 FR 45213
(September 6, 2018) (AD China Rubber Bands Prelim).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
reinstitute the suspension of liquidation on entries of rubber bands
from China, effective on the date of publication in the Federal
Register of the ITC's final affirmative injury determination. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit
[[Page 4775]]
equal to the estimated weighted-average dumping margin listed below.
The estimated weighted-average dumping margin is as follows:
----------------------------------------------------------------------------------------------------------------
Estimated
weighted- average Cash deposit rate
Producer Exporter dumping margin (percent)
(percent)
----------------------------------------------------------------------------------------------------------------
China-Wide Entity.......................... China-Wide Entity............ 27.27 26.65
----------------------------------------------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of rubber bands from China, we will instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated antidumping duties with respect to entries of
rubber bands from China, entered, or withdrawn from warehouse, for
consumption on or after June 8, 2018 (i.e., 90 days prior to the date
of publication of the AD China Rubber Bands Prelim), but before
September 6, 2018 (i.e., the date of publication of the AD China Rubber
Bands Prelim).
CVD Order
On February 11, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination that the industry
in the United States producing rubber bands is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of rubber bands from China.\5\ Therefore, in
accordance with section 705(c)(2) of the Act, we are issuing this CVD
order.
---------------------------------------------------------------------------
\5\ See ITC Notification.
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act. Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after July 9, 2018, the date on which
Commerce published the CVD China Rubber Bands Prelim in the Federal
Register,\6\ and before November 6, 2018, the effective date on which
Commerce instructed CBP to discontinue the suspension of liquidation in
accordance with section 703(d) of the Act. Section 703(d) of the Act
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than 120 days.
Therefore, entries of subject merchandise from China made on or after
November 6, 2018, and prior to the date of publication of the ITC's
final determination in the Federal Register are not subject to the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
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\6\ See Rubber Bands from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping
Determination, 83 FR 31729 (July 9, 2018) (CVD China Rubber Bands
Prelim).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of rubber
bands in an amount based on the net countervailable subsidy rates for
the subject merchandise. On or after the date of publication of the
ITC's final injury determination in the Federal Register, Commerce will
instruct CBP to require, at the same time as importers would normally
deposit estimated duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below. The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Graceful Imp. & Exp. Co., Ltd........................... 125.77
Moyoung Trading Co., Ltd................................ 125.77
Ningbo Syloon Imp & Exp Co., Ltd........................ 125.77
All-Others.............................................. 125.77
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of rubber bands from China, we will instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated countervailing duties with respect to entries
of rubber bands from China, entered, or withdrawn from warehouse, for
consumption on or after April 10, 2018 (i.e., 90 days prior to the date
of publication of the CVD China Rubber Bands Prelim), but before July
9, 2018 (i.e., the date of publication of the CVD China Rubber Bands
Prelim).\7\
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\7\ See Rubber Bands from the People's Republic of China:
Preliminary Affirmative Determination of Critical Circumstances, in
Part, in the Countervailing Duty Investigation, and Amendment to the
Scope of the Preliminary Determination in the Countervailing Duty
Investigation, 83 FR 45217 (September 6, 2018).
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
rubber bands from China pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of orders currently in effect
at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 13, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The scope of the orders covers bands made of vulcanized rubber,
with a flat length, as actually measured end-to-end by the band
lying flat, no less than \1/2\ inch and no greater than 10 inches;
with a width, which measures the dimension perpendicular to the
length, actually of at least 3/64 inch and no greater than 2 inches;
and a wall thickness actually from 0.020 inch to 0.125 inch.
Vulcanized rubber has been chemically processed into a more durable
material by the addition of sulfur or other equivalent curatives or
accelerators. Subject products are included regardless of color or
inclusion of printed material on the rubber band's surface,
including but not limited to, rubber bands with printing on them,
such as a product name, advertising, or slogan, and printed material
(e.g., a tag) fastened to the rubber band by an adhesive or another
temporary type of connection. The scope includes vulcanized rubber
bands which are contained or otherwise exist in various forms and
packages, such as, without limitation,
[[Page 4776]]
vulcanized rubber bands included within a desk accessory set or
other type of set or package, and vulcanized rubber band balls. The
scope excludes products that consist of an elastomer loop and
durable tag all-in-one, and bands that are being used at the time of
import to fasten an imported product.
Excluded from the scope of the orders are vulcanized rubber
bands of various sizes with arrow shaped rubber protrusions from the
outer diameter that exceeds at the anchor point a wall thickness of
0.125 inches and where the protrusion is used to loop around, secure
and lock in place.
Excluded from the scope of the orders are yarn/fabric-covered
vulcanized rubber hair bands, regardless of size.
Merchandise covered by the orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 4016.99.3510. Merchandise covered by the scope may also
enter under HTSUS subheading 4016.99.6050. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the orders is dispositive.
[FR Doc. 2019-02783 Filed 2-15-19; 8:45 am]
BILLING CODE 3510-DS-P
