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