Rubber Bands From Thailand: Final Determination of Sales at Less Than Fair Value, 8304-8306 [2019-04127]

Download as PDF 8304 Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Notices Dated: February 28, 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. VIII. Recommendation Appendix I International Trade Administration Scope of the Investigation The products subject to this investigation are 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, 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 this investigation 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 this investigation are yarn/fabric-covered vulcanized rubber, hair bands, regardless of size. Merchandise covered by this investigation 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 investigation is dispositive. [A–549–835] amozie on DSK9F9SC42PROD with NOTICES Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation V. Use of Facts Otherwise Available and Adverse Inferences VI. Analysis of Programs VII. Discussion of the Issues VerDate Sep<11>2014 17:13 Mar 06, 2019 Jkt 247001 [FR Doc. 2019–04126 Filed 3–6–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Rubber Bands From Thailand: 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 rubber bands from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) January 1, 2017, through December 31, 2017. DATES: Applicable March 7, 2019. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 or (202) 482–2483, respectively. SUPPLEMENTARY INFORMATION: AGENCY: (ACCESS). Access is available to registered users at https:// access.trade.gov and to all parties in the Central Records Unit, Room B–8024 of Commerce’s main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version are identical in content. 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, 2019.3 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 final determination of this investigation is now February 28, 2019. Period of Investigation The POI is January 1, 2017, through December 31, 2017. Scope of the Investigation The products covered by this investigation are rubber bands from Thailand. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I of this notice. Background Scope Comments On September 6, 2018, Commerce published the Preliminary Determination of sales at LTFV of rubber bands from Thailand.1 A complete 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.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System During the course of this investigation and the concurrent countervailing duty (CVD) investigation, Commerce received scope comments from interested parties. Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum,4 which was issued concurrently with the Preliminary Determination. Commerce addressed all scope comments received in the Final Scope Decision Memorandum and determined not to make changes to the scope that appeared in the Preliminary Determination.5 1 See Rubber Bands From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 45220 (September 6, 2018) (Preliminary Determination) and accompanying memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Rubber Bands from Thailand’’ (Preliminary Decision Memorandum). 2 See Memorandum, ‘‘Issues and Decision Memorandum for Final Affirmative Determination in the Antidumping Duty Investigation of Rubber Bands from Thailand,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 3 See Memorandum, ‘‘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. 4 See Memorandum ‘‘Rubber Bands from the People’s Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Antidumping Duty and Countervailing Duty Determinations,’’ dated August 29, 2018 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Rubber Bands from the People’s Republic of China and Thailand: Scope Decision Memorandum for the Final Antidumping Duty and Countervailing Duty Determinations,’’ dated November 13, 2018 (Final Scope Decision Memorandum). E:\FR\FM\07MRN1.SGM 07MRN1 Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Notices Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce verified the sales and cost data reported by U. Yong Industry Co., Ltd. (U. Yong), as well as data reported by Liang Hah Heng International Rubber Co., Ltd. (Liang Hah Heng) and Hah Shung Heng Co. (Hah Shung Heng) (collectively, Liang Hah Heng) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached at Appendix II. amozie on DSK9F9SC42PROD with NOTICES Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for U. Yong and Liang Hah Heng since the Preliminary Determination. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all-other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. U. Yong is the only respondent for which Commerce calculated an estimated weightedaverage dumping margin that is not zero, de minimis, or based entirely on facts otherwise available. Therefore, for purposes of determining the ‘‘all-others’’ rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the estimated weighted-average dumping margin calculated for U. Yong, as referenced in the ‘‘Final Determination’’ section below. Final Determination The weighted-average dumping margins are as follows: VerDate Sep<11>2014 17:13 Mar 06, 2019 Jkt 247001 8305 deposit requirements at the all-others rate. Exporter/producer Furthermore, other than for entries of subject merchandise produced by Liang U. Yong Industry Co., Ltd ........... 5.87 Hah Heng or Hah Shung Heng and Liang Hah Heng International exported by either of these companies, Rubber Co., Ltd./Hah Shung pursuant to section 735(c)(1)(B)(ii) of Heng Co .................................. 0.00 All-Others .................................... 5.87 the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit for such entries of Consistent with section 735(a)(4) of the Act, based on the zero rate for Liang merchandise equal to the estimated weighted-average dumping margin or Hah Heng and Hah Shung Heng, the estimated all-others rate, as follows: Commerce determines that Liang Hah (1) The cash deposit rate for the Heng and Hah Shung Heng have not sold merchandise which they produced respondents listed above will be equal to the respondent-specific estimated and exported at LTFV. weighted-average dumping margin Disclosure determined in this final determination; (2) if the exporter is not a respondent We will disclose the calculations identified above but the producer is, performed within five days of any then the cash deposit rate will be equal public announcement of this notice in accordance with 19 CFR 351.224(b). to the respondent-specific estimated weighted-average dumping margin Continuation of Suspension of established for that producer of the Liquidation subject merchandise; and (3) the cash In accordance with section deposit rate for all other producers and 735(c)(1)(B) of the Act, we will instruct exporters will be equal to the all-others U.S. Customs and Border Protection estimated weighted-average dumping (CBP) to continue the suspension of margin. liquidation of all appropriate entries of International Trade Commission rubber bands from Thailand, as Notification described in Appendix I of this notice, which were entered, or withdrawn from In accordance with section 735(d) of warehouse, for consumption on or after the Act, we will notify the International September 6, 2018, the date of Trade Commission (ITC) of the final publication of the Preliminary affirmative determination of sales at Determination of this investigation in LTFV. Because the final determination the Federal Register. Further, in this proceeding is affirmative, in Commerce will instruct CBP to require accordance with section 735(b)(2) of the a cash deposit equal to the estimated Act, the ITC will make its final amount by which the normal value determination as to whether the exceeds the U.S. price as shown above. Because the estimated weighted-average domestic industry in the United States is materially injured, or threatened with dumping margin for Liang Hah Heng and Hah Shung Heng is zero, entries of material injury, by reason of imports, or shipments of subject merchandise both sales (or the likelihood of sales) for produced by Liang Hah Heng or Hah importation of rubber bands from Shung Heng and exported by either of Thailand no later than 45 days after our these companies will not be subject to final determination. If the ITC suspension of liquidation or cash determines that material injury or threat deposit requirements. In such of material injury does not exist, the situations, Commerce applies the proceeding will be terminated, and all exclusion to the provisional measures to cash deposits will be refunded. If the the producer/exporter combination that ITC determines that such injury does was examined in the investigation. exist, Commerce will issue an Accordingly, Commerce is directing antidumping duty order directing CBP CBP to not suspend merchandise to assess, upon further instruction by produced by Liang Hah Heng or Hah Commerce, antidumping duties on all Shung Heng and exported by either of imports of the subject merchandise, these companies. However, entries of other than those produced by Liang Hah subject merchandise in any other Heng or Hah Shung Heng and exported producer/exporter combination, e.g., by either of these companies because merchandise produced by a third party and exported by Liang Hah Heng or Hah their rate is zero, entered, or withdrawn from warehouse, for consumption on or Shung Heng, or produced by Liang Hah after the effective date of the suspension Heng or Hah Shung Heng and exported of liquidation. by a third party, are subject to the cash PO 00000 Weightedaverage margins (percent) Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 8306 Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Notices Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: February 28, 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. amozie on DSK9F9SC42PROD with NOTICES Appendix I Scope of the Investigation The products subject to this investigation are 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, 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 this investigation 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 this investigation are yarn/fabric-covered VerDate Sep<11>2014 17:13 Mar 06, 2019 Jkt 247001 vulcanized rubber hair bands, regardless of size. Merchandise covered by this investigation 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 investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Adverse Facts Available for Liang Hah Heng Comment 2: Collapsing of Liang Hah Heng and Hah Shung Heng Comment 3: Date of Sale for Liang Hah Heng Comment 4: Liang Hah Heng’s Packing Costs Allocation Comment 5: Liang Hah Heng’s Reported Costs Comment 6: G&A Expenses for Liang Hah Heng Comment 7: Commerce’s Application of Quarterly Cost Methodology to U. Yong Comment 8: Rubber Band Variance Allocation for U. Yong Comment 9: Monthly Adjustment to Standard Costs for U. Yong Comment 10: Appropriate CONNUM for Rubber Bands of Mixed Sizes for U. Yong Comment 11: U. Yong’s U.S. Indirect Selling Expenses VI. Recommendation [FR Doc. 2019–04127 Filed 3–6–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG838 Atlantic Highly Migratory Species; Meeting of the Atlantic Highly Migratory Species Advisory Panel National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting and webinar/conference call. AGENCY: NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in May 2019. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public. SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 The AP meeting and webinar will be held from 9:30 a.m. to 6 p.m. on Tuesday, May 21, from 8:30 a.m. to 5:30 p.m. on Wednesday, May 22, and from 8:30 a.m. to 11:45 a.m. on Thursday, May 23. ADDRESSES: The meeting will be held at the Sheraton Silver Spring Hotel, 8777 Georgia Avenue, Silver Spring, MD 20910. The meeting presentations will also be available via WebEx webinar/ conference call. The meeting on Tuesday, May 21, Wednesday, May 22, and Thursday, May 23, will also be accessible via conference call and webinar. Conference call and webinar access information are available at: https://www.fisheries. noaa.gov/event/may-2019-hmsadvisory-panel-meeting. Participants are strongly encouraged to log/dial in 15 minutes prior to the meeting. NMFS will show the presentations via webinar and allow public comment during identified times on the agenda. FOR FURTHER INFORMATION CONTACT: George Silva or Peter Cooper at (301) 427–8503. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., as amended by the Sustainable Fisheries Act, Public Law 104–297, provided for the establishment of an AP to assist in the collection and evaluation of information relevant to the development of any FMP or FMP amendment for Atlantic HMS. NMFS consults with and considers the comments and views of AP members when preparing and implementing FMPs or FMP amendments for Atlantic tunas, swordfish, billfish, and sharks. The AP has previously consulted with NMFS on: Amendment 1 to the Billfish FMP (April 1999); the HMS FMP (April 1999); Amendment 1 to the HMS FMP (December 2003); the Consolidated HMS FMP (October 2006); and Amendments 1, 2, 3, 4, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, and 14 to the 2006 Consolidated HMS FMP (April and October 2008, February and September 2009, May and September 2010, April and September 2011, March and September 2012, January and September 2013, April and September 2014, March and September 2015, March, September, and December 2016, May and September 2017, and March and September 2018), among other things. The intent of this meeting is to consider alternatives for the conservation and management of all Atlantic tunas, swordfish, billfish, and shark fisheries. We anticipate discussing: DATES: E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8304-8306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04127]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-835]


Rubber Bands From Thailand: 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 rubber 
bands from Thailand are being, or are likely to be, sold in the United 
States at less than fair value (LTFV) during the period of 
investigation (POI) January 1, 2017, through December 31, 2017.

DATES: Applicable March 7, 2019.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger, 
AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 
or (202) 482-2483, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2018, Commerce published the Preliminary 
Determination of sales at LTFV of rubber bands from Thailand.\1\ A 
complete 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.\2\
---------------------------------------------------------------------------

    \1\ See Rubber Bands From Thailand: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 83 FR 
45220 (September 6, 2018) (Preliminary Determination) and 
accompanying memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Rubber 
Bands from Thailand'' (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for Final 
Affirmative Determination in the Antidumping Duty Investigation of 
Rubber Bands from Thailand,'' dated concurrently with this 
determination and hereby adopted by this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is 
available 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 
to all parties in the Central Records Unit, Room B-8024 of Commerce's 
main building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version 
are identical in content.
    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.\3\ 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 final determination of this investigation is now 
February 28, 2019.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``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.
---------------------------------------------------------------------------

Period of Investigation

    The POI is January 1, 2017, through December 31, 2017.

Scope of the Investigation

    The products covered by this investigation are rubber bands from 
Thailand. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    During the course of this investigation and the concurrent 
countervailing duty (CVD) investigation, Commerce received scope 
comments from interested parties. Certain interested parties commented 
on the scope of the investigation as it appeared in the Preliminary 
Scope Decision Memorandum,\4\ which was issued concurrently with the 
Preliminary Determination. Commerce addressed all scope comments 
received in the Final Scope Decision Memorandum and determined not to 
make changes to the scope that appeared in the Preliminary 
Determination.\5\
---------------------------------------------------------------------------

    \4\ See Memorandum ``Rubber Bands from the People's Republic of 
China and Thailand: Scope Comments Decision Memorandum for the 
Preliminary Antidumping Duty and Countervailing Duty 
Determinations,'' dated August 29, 2018 (Preliminary Scope Decision 
Memorandum).
    \5\ See Memorandum, ``Rubber Bands from the People's Republic of 
China and Thailand: Scope Decision Memorandum for the Final 
Antidumping Duty and Countervailing Duty Determinations,'' dated 
November 13, 2018 (Final Scope Decision Memorandum).

---------------------------------------------------------------------------

[[Page 8305]]

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), Commerce verified the sales and cost data reported by U. 
Yong Industry Co., Ltd. (U. Yong), as well as data reported by Liang 
Hah Heng International Rubber Co., Ltd. (Liang Hah Heng) and Hah Shung 
Heng Co. (Hah Shung Heng) (collectively, Liang Hah Heng) for use in our 
final determination. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by the respondents.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached at Appendix II.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for U. 
Yong and Liang Hah Heng since the Preliminary Determination. For a 
discussion of these changes, see the ``Margin Calculations'' section of 
the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all-other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act. U. Yong is the only respondent for which 
Commerce calculated an estimated weighted-average dumping margin that 
is not zero, de minimis, or based entirely on facts otherwise 
available. Therefore, for purposes of determining the ``all-others'' 
rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the 
estimated weighted-average dumping margin calculated for U. Yong, as 
referenced in the ``Final Determination'' section below.

Final Determination

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margins
                                                               (percent)
------------------------------------------------------------------------
U. Yong Industry Co., Ltd...................................        5.87
Liang Hah Heng International Rubber Co., Ltd./Hah Shung Heng        0.00
 Co.........................................................
All-Others..................................................        5.87
------------------------------------------------------------------------

    Consistent with section 735(a)(4) of the Act, based on the zero 
rate for Liang Hah Heng and Hah Shung Heng, Commerce determines that 
Liang Hah Heng and Hah Shung Heng have not sold merchandise which they 
produced and exported at LTFV.

Disclosure

    We will disclose the calculations performed within five days of any 
public announcement of this notice in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of rubber bands 
from Thailand, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after 
September 6, 2018, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register. Further, 
Commerce will instruct CBP to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above. Because the estimated weighted-average dumping margin for 
Liang Hah Heng and Hah Shung Heng is zero, entries of shipments of 
subject merchandise both produced by Liang Hah Heng or Hah Shung Heng 
and exported by either of these companies will not be subject to 
suspension of liquidation or cash deposit requirements. In such 
situations, Commerce applies the exclusion to the provisional measures 
to the producer/exporter combination that was examined in the 
investigation. Accordingly, Commerce is directing CBP to not suspend 
merchandise produced by Liang Hah Heng or Hah Shung Heng and exported 
by either of these companies. However, entries of subject merchandise 
in any other producer/exporter combination, e.g., merchandise produced 
by a third party and exported by Liang Hah Heng or Hah Shung Heng, or 
produced by Liang Hah Heng or Hah Shung Heng and exported by a third 
party, are subject to the cash deposit requirements at the all-others 
rate.
    Furthermore, other than for entries of subject merchandise produced 
by Liang Hah Heng or Hah Shung Heng and exported by either of these 
companies, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit for 
such entries of merchandise equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding 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 rubber bands from Thailand no 
later than 45 days after our final determination. If the ITC determines 
that material injury or threat of material injury does not exist, the 
proceeding will be terminated, and all cash deposits will be refunded. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise, other than those produced by Liang Hah Heng or Hah 
Shung Heng and exported by either of these companies because their rate 
is zero, entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation.

[[Page 8306]]

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: February 28, 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 I

Scope of the Investigation

    The products subject to this investigation are 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, 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 this investigation 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 this investigation are yarn/fabric-
covered vulcanized rubber hair bands, regardless of size.
    Merchandise covered by this investigation 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 investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Adverse Facts Available for Liang Hah Heng
    Comment 2: Collapsing of Liang Hah Heng and Hah Shung Heng
    Comment 3: Date of Sale for Liang Hah Heng
    Comment 4: Liang Hah Heng's Packing Costs Allocation
    Comment 5: Liang Hah Heng's Reported Costs
    Comment 6: G&A Expenses for Liang Hah Heng
    Comment 7: Commerce's Application of Quarterly Cost Methodology 
to U. Yong
    Comment 8: Rubber Band Variance Allocation for U. Yong
    Comment 9: Monthly Adjustment to Standard Costs for U. Yong
    Comment 10: Appropriate CONNUM for Rubber Bands of Mixed Sizes 
for U. Yong
    Comment 11: U. Yong's U.S. Indirect Selling Expenses
VI. Recommendation

[FR Doc. 2019-04127 Filed 3-6-19; 8:45 am]
BILLING CODE 3510-DS-P
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