Certain Plastic Decorative Ribbon From the People's Republic of China: Corrected Final Affirmative Countervailing Duty Determination, 7019-7020 [2019-03681]

Download as PDF Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices In accordance with the FTZ Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is April 30, 2019. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 15, 2019. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4880. SUPPLEMENTARY INFORMATION: On December 21, 2018, Commerce placed on the record of this investigation an Issues and Decision Memorandum addressing all comments received in this proceeding and the companion antidumping proceeding addressing the issues raised by parties for the final determination.1 Commerce committed a ministerial error within the meaning of 19 CFR 351.224(f). Specifically, in preparing the final determination, and despite being contemporaneously drafted, Commerce inadvertently omitted approximately four pages from the Issues and Decision Memorandum, including the final sentence of Commerce’s position on issue 13 and the discussion of issues 14 and 15 in their entirety. Commerce is now placing on the record a corrected version of the Issues and Decision Memorandum, including the missing pages, dated February 19, 2019, which is incorporated by, and hereby adopted by, this notice. Dated: February 25, 2019. Andrew McGilvray, Executive Secretary. 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 [FR Doc. 2019–03683 Filed 2–28–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–076] Certain Plastic Decorative Ribbon From the People’s Republic of China: Corrected Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2019, the Department of Commerce (Commerce) published in the Federal Register the final determination of the countervailing duty (CVD) investigation on certain plastic decorative ribbon (plastic ribbon) from the People’s Republic of China (China). Commerce is now amending the Issues and Decision Memorandum (IDM) referred to in the final determination Federal Register notice to correct the inadvertent omission of certain pages in the IDM. DATES: Applicable March 1, 2019. FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz, AD/CVD Operations, Office VII, Enforcement and jbell on DSK30RV082PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:13 Feb 28, 2019 Jkt 247001 1 Filed on ACCESS as barcode 3785477–01. The corresponding Federal Register Notice was published on February 1, 2019. Certain Plastic Decorative Ribbon from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 84 FR 1064 (February 1, 2019) (Final CVD Determination). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 7019 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, hotstamped, coated, laminated, flocked, crimped, die-cut, embossed (or that otherwise have impressed designs, images, words or patterns), and ribbons with holographic, metallic, glitter or iridescent finishes. Subject merchandise includes ‘‘pullbows’’ 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 E:\FR\FM\01MRN1.SGM 01MRN1 jbell on DSK30RV082PROD with NOTICES 7020 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices 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 nonsubject 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 nonsubject merchandise as a working component that holds or packages such non-subject merchandise or attaches packaging or labeling to such nonsubject 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 VerDate Sep<11>2014 18:13 Feb 28, 2019 Jkt 247001 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Suspension of Liquidation Suspension of liquidation and cash deposit rates for all producers and exporters of plastic ribbon from China are unaffected by this amended final determination. Refer to the Final CVD Determination for the suspension instructions in effect at the time of the issuance of this notice.2 Public Comment Commerce is not accepting comments in response to this corrected final determination. International Trade Commission Notification In accordance with section 705(d) of the Tariff Act of 1930, as amended (Act), Commerce will notify the International Trade Commission (ITC) of its amended final determination. Notification to Interested Parties This corrected final determination is issued and published pursuant to sections 705(d) and 777(i)(1) of the Act. Dated: February 26, 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. [FR Doc. 2019–03681 Filed 2–28–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration President’s Advisory Council on Doing Business in Africa; Correction International Trade Administration, Department of Commerce. ACTION: Notice; correction. AGENCY: SUMMARY: The International Trade Administration, Department of Commerce published a document in the Federal Register of February 25, 2019, concerning the notice of an opportunity to apply for membership on the President’s Advisory Council on Doing Business in Africa. The document contained an incorrect date. FOR FURTHER INFORMATION CONTACT: Ashley Bubna, 202–482–5205. SUPPLEMENTARY INFORMATION: Correction In the Federal Register of February 25, 2019, in FR Doc. 2019–03171, on page 5988, in the first column, correct the DATES caption to read: 2 See E:\FR\FM\01MRN1.SGM Final CVD Determination, 84 FR at 1065. 01MRN1

Agencies

[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7019-7020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03681]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-076]


Certain Plastic Decorative Ribbon From the People's Republic of 
China: Corrected Final Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 1, 2019, the Department of Commerce (Commerce) 
published in the Federal Register the final determination of the 
countervailing duty (CVD) investigation on certain plastic decorative 
ribbon (plastic ribbon) from the People's Republic of China (China). 
Commerce is now amending the Issues and Decision Memorandum (IDM) 
referred to in the final determination Federal Register notice to 
correct the inadvertent omission of certain pages in the IDM.

DATES: Applicable March 1, 2019.

FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4880.

SUPPLEMENTARY INFORMATION: On December 21, 2018, Commerce placed on the 
record of this investigation an Issues and Decision Memorandum 
addressing all comments received in this proceeding and the companion 
antidumping proceeding addressing the issues raised by parties for the 
final determination.\1\ Commerce committed a ministerial error within 
the meaning of 19 CFR 351.224(f). Specifically, in preparing the final 
determination, and despite being contemporaneously drafted, Commerce 
inadvertently omitted approximately four pages from the Issues and 
Decision Memorandum, including the final sentence of Commerce's 
position on issue 13 and the discussion of issues 14 and 15 in their 
entirety. Commerce is now placing on the record a corrected version of 
the Issues and Decision Memorandum, including the missing pages, dated 
February 19, 2019, which is incorporated by, and hereby adopted by, 
this notice.
---------------------------------------------------------------------------

    \1\ Filed on ACCESS as barcode 3785477-01. The corresponding 
Federal Register Notice was published on February 1, 2019. Certain 
Plastic Decorative Ribbon from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, 84 FR 1064 (February 
1, 2019) (Final CVD Determination).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is certain plastic 
decorative ribbon, having a width (measured at the narrowest span of 
the ribbon) of less than or equal to four (4) inches, but disregarding 
any features that measure 4 inches or less in width, such as tapering 
or cutting at the ends or in a bow knot, provided that aggregate length 
of such features comprises no more than 20% of the length of the 
ribbon. Subject merchandise includes but is not limited to ribbon wound 
onto itself; a spool, a core or a tube (with or without flanges); 
attached to a card or strip; wound into a keg- or egg-shaped 
configuration; made into bows, bow-like items, or other shapes or 
configurations; and whether or not packaged or labeled for retail sale. 
The subject merchandise is typically made of substrates of 
polypropylene, but may be made in whole or in part of any type of 
plastic, including without limitation, plastic derived from petroleum 
products and plastic derived from cellulose products. Unless the 
context otherwise clearly indicates, the word ``ribbon'' used in the 
singular includes the plural and the plural ``ribbons'' includes the 
singular.
    The subject merchandise includes ribbons comprised of one or more 
layers of substrates made, in whole or in part, of plastics adhered to 
each other, regardless of the method used to adhere the layers 
together, including without limitation, ribbons comprised of layers of 
substrates adhered to each other through a lamination process. Subject 
merchandise also includes ribbons comprised of (a) one or more layers 
of substrates made, in whole or in part, of plastics adhered to (b) one 
or more layers of substrates made, in whole or in part, of non-plastic 
materials, including, without limitation, substrates made, in whole or 
in part, of fabric.
    The ribbons subject to this investigation may be of any color or 
combination of colors (including without limitation, ribbons that are 
transparent, translucent or opaque) and may or may not bear words or 
images, including without limitation, those of a holiday motif. The 
subject merchandise includes ribbons with embellishments and/or 
treatments, including, without limitation, ribbons that are printed, 
hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or 
that otherwise have impressed designs, images, words or patterns), and 
ribbons with holographic, metallic, glitter or iridescent finishes.
    Subject merchandise includes ``pull-bows'' an assemblage of ribbons 
connected to one another, folded flat, and equipped with a means to 
form such ribbons into the shape of a bow by pulling on a length of 
material affixed to such assemblage, and ``pre-notched'' bows, an 
assemblage of notched ribbon loops arranged one inside the other with 
the notches in alignment and affixed to each other where notched, and 
which the end user forms into a bow by separating and spreading the 
loops circularly around the notches, which form the center of the bow. 
Subject merchandise includes ribbons that are packaged with non-subject 
merchandise, including ensembles that include ribbons and other 
products, such as gift wrap, gift bags, gift tags and/or other gift 
packaging products. The ribbons are covered by the scope of this 
investigation; the ``other products'' (i.e., the other, non-subject 
merchandise included in the ensemble) are not covered by the scope of 
this investigation.
    Excluded from the scope of this investigation are the following: 
(1) Ribbons formed exclusively by weaving plastic threads together; (2) 
ribbons that have metal wire in, on, or along the entirety of each of 
the longitudinal

[[Page 7020]]

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.

Suspension of Liquidation

    Suspension of liquidation and cash deposit rates for all producers 
and exporters of plastic ribbon from China are unaffected by this 
amended final determination. Refer to the Final CVD Determination for 
the suspension instructions in effect at the time of the issuance of 
this notice.\2\
---------------------------------------------------------------------------

    \2\ See Final CVD Determination, 84 FR at 1065.
---------------------------------------------------------------------------

Public Comment

    Commerce is not accepting comments in response to this corrected 
final determination.

International Trade Commission Notification

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (Act), Commerce will notify the International Trade Commission 
(ITC) of its amended final determination.

Notification to Interested Parties

    This corrected final determination is issued and published pursuant 
to sections 705(d) and 777(i)(1) of the Act.

    Dated: February 26, 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.
[FR Doc. 2019-03681 Filed 2-28-19; 8:45 am]
BILLING CODE 3510-DS-P