Laminated Woven Sacks From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 14651-14653 [2019-07198]
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
this administrative review in
accordance with 19 CFR 351.213(d)(3).
Furthermore, in response to the
petitioners’ claim that companies under
review could be evading the CVD Order
by misreporting entry types, this is a
matter within the jurisdiction of CBP,
and, hence, any determination as to
whether entries have been misclassified
must be made by that agency. In light
of that, Commerce intends to provide
CBP with the petitioners’ allegations
and relevant documentation from this
record.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
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
written notification of return/
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 sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: April 5, 2019.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2019–07196 Filed 4–10–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–823]
Laminated Woven Sacks From the
Socialist Republic of Vietnam: 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 imports of
laminated woven sacks (LWS) from the
Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
July 1, 2017, through December 31,
2017.
amozie on DSK9F9SC42PROD with NOTICES
AGENCY:
DATES:
Applicable April 11, 2019.
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FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Celeste Chen, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4406 or (202) 482–0890,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2018, Commerce
published in the Federal Register the
Preliminary Determination and invited
interested parties to comment.1 On
October 23, 2018, Commerce postponed
the final determination of this
investigation until February 25, 2019.2
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.
Accordingly, the revised deadline for
the final determination is now April 4,
2019. A summary of the events that
occurred since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum that is dated concurrently
with this determination and hereby
adopted by this notice.4
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
1 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Preliminary Determination of
Sales at Less Than Fair Value, 83 FR 51436
(October 11, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Postponement of Final
Determination of Sales at Less Than Fair Value
Investigation, 83 FR 53452 (October 23, 2018).
3 See memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Laminated Woven Sacks from
the Socialist Republic of Vietnam,’’ (Issues and
Decision Memorandum).
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14651
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Period of Investigation
The period of investigation is July 1,
2017, through December 31, 2017.
Scope of the Investigation
The products covered by this
investigation are laminated woven sacks
from Vietnam. For a full description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ at
Appendix I.
Scope Comments
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation of LWS from
Vietnam, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.5 In response to Commerce’s
invitation to comment on its
preliminary scope determination,
Commerce received scope comments
from Halsted Corporation (Halsted),6
and rebuttal comments from the
petitioners.7 However, Commerce
rejected Halsted’s scope comments
because they contained untimely filed
new factual information.8 Because
Halsted’s scope comments have been
removed from the record of these
investigations and Halsted did not file a
redacted version of its scope comments
within the deadline allotted by
Commerce, Halsted’s comments have
not been considered in these
investigations.9 Furthermore, because
5 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Laminated
Woven Sacks from the Socialist Republic of
Vietnam: Preliminary Scope Determination,’’ dated
October 3, 2018 (Preliminary Scope Decision
Memorandum).
6 See Letter, ‘‘Antidumping and Countervailing
Duty Investigations of Laminated Woven Sacks
from the Socialist Republic of Vietnam: Rejection of
Untimely Filed Factual Information,’’ dated
December 12, 2018 (rejecting Halsted Corporation’s
November 13, 2018 scope brief).
7 See Petitioners’ Letter, ‘‘Investigation of
Laminated Woven Sacks from the Socialist
Republic of Vietnam: Petitioners’ Rebuttal Scope
Brief,’’ dated November 19, 2018.
8 See Letter, ‘‘Antidumping and Countervailing
Duty Investigations of Laminated Woven Sacks
from the Socialist Republic of Vietnam: Rejection of
Untimely Filed Factual Information,’’ dated
December 12, 2018. See also Letter, ‘‘Antidumping
and Countervailing Duty Investigations of
Laminated Woven Sacks from the Socialist
Republic of Vietnam: Request for Withdrawal of
Scope Comments,’’ dated February 8, 2019.
9 Id.
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
the petitioners’ rebuttal comments
respond to Halsted’s comments, which
have been removed from the record of
these investigations, Commerce has not
considered the petitioners’ comments.
Therefore, Commerce has made no
changes to the scope of these
investigations since the Preliminary
Determination.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce verified the sales and factors
of production data reported by Duong
Vinh Hoa Packaging Company Limited
(DVH Packaging) 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 respondent.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum accompanying this
notice. A list of the issues addressed in
the Issues and Decision Memorandum is
attached to this notice at Appendix II.
For the final determination Commerce
continues to rely upon facts otherwise
available, with adverse inferences
(AFA), for the Vietnam-wide entity,
which includes Xinsheng Plastic
Industry Co., Ltd. (Xinsheng Plastic) a
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 DVH
Packaging since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Separate Rates
For the final determination, we
continue to find that four exporters are
entitled to a separate rate, as noted
below. In the Preliminary
Determination, we assigned, as the
separate rate, the margin calculated for
DVH Packaging, the sole mandatory
respondent for which we preliminarily
calculated an estimated weightedaverage dumping margin, consistent
with our practice.10 For the final
determination, we continue to assign
the estimated weighted-average
dumping margin calculated for DVH
Packaging to the exporters that are
entitled to a separate rate.
Vietnam-Wide Entity
For the final determination, we
continue to find that the Vietnam-wide
entity, which includes certain
Vietnamese exporters and/or producers
that did not respond to Commerce’s
requests for information, failed to
provide necessary information, failed to
provide information in a timely manner,
and significantly impeded this
proceeding by not submitting the
requested information. We also continue
to find that the Vietnam-wide entity
failed to cooperate. As a result, we
continue to determine for the Vietnamwide entity an estimated weightedaverage dumping margin on the basis of
AFA pursuant to section 776(b) of the
Act. In the Preliminary Determination,
Commerce based the AFA rate for the
Vietnam-wide entity on the petition
margin of 292.61 percent.11 For this
final determination, we continue to rely
on AFA in determining the rate for the
Vietnam-wide entity and, as AFA, we
continue to select the petition margin of
292.61 percent as the estimated
weighted-average dumping margin for
the Vietnam-wide entity (including
Xinsheng Plastic), as corroborated in the
Preliminary Determination.
Combination Rates
In the Initiation Notice,12 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.13
Final Determination
The finalestimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Duong Vinh Hoa Packaging Company Limited ............
C.P. Packaging (Vietnam) Industry Co., Ltd ................
Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co.
and Tan Dai Hung Plastic Joint Stock Company.
TKMB Joint Stock Company ........................................
Trung Dong Corporation ...............................................
Vietnam-wide entity 14 ..................................................
Duong Vinh Hoa Packaging Company Limited ............
C.P. Packaging (Vietnam) Industry Co., Ltd ................
Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co.
and Tan Dai Hung Plastic Joint Stock Company.
TKMB Joint Stock Company ........................................
Trung Dong Corporation ...............................................
.......................................................................................
Continuation of Suspension of
Liquidation
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mandatory respondent, pursuant to
sections 776(a) and (b) of the Act.
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of LWS from Vietnam, as
described in Appendix I of this notice,
10 See Preliminary Determination, 83 FR 51436
and accompanying PDM at 11–18.
11 Id. at 51437 and accompanying PDM at 17–18.
12 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Initiation of Less-Than-Fair-
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Cash deposit
rate
(adjusted for
subsidy
offsets)
(percent)
109.46
109.46
109.46
108.33
108.33
108.33
109.46
109.46
292.61
108.33
108.33
291.48
which are entered, or withdrawn from
warehouse, for consumption on or after
October 11, 2018, the date of
publication in the Federal Register of
the affirmative Preliminary
Determination. Further, pursuant to
section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the weighted average amount by which
normal value exceeds U.S. price, as
indicated in the chart above as follows:
(1) For the producer/exporter
combinations listed in the table above,
the cash deposit rate is equal to the
estimated weighted-average dumping
margin listed for that combination in the
table; (2) for all combinations of
Value Investigation, 83 FR 14257 (April 3, 2018)
(Initiation Notice).
13 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
14 The Vietnam-wide entity includes Xinsheng
Plastic Industry Co., Ltd.
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
Vietnamese producers/exporters of
merchandise under consideration that
have not established eligibility for their
own separate rates, the cash deposit rate
will be equal to the estimated weightedaverage dumping margin established for
the Vietnam-wide entity; and (3) for all
third-county exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the
Vietnamese producer/exporter
combination (or the Vietnam-wide
entity) that supplied that third-country
exporter. Commerce normally adjusts
the estimated weighted-average
dumping margin by the amount of
export subsidies countervailed in a
companion countervailing duty (CVD)
proceeding when the CVD measures are
in effect. Accordingly, where Commerce
made an affirmative determination for
countervailable subsidies that are export
contingent,15 Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate(s).
Any such adjusted cash deposit rates
may be found in the ‘‘Final
Determination Margin’’ section, above.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
amozie on DSK9F9SC42PROD with NOTICES
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 Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
15 In the CVD final determination, we found the
‘‘Import duty exemptions on imports of raw
materials for exporting goods’’ program to be an
export subsidy. See Laminated Woven Sacks from
the Socialist Republic of Vietnam: Final Affirmative
Countervailing Duty Determination, and
accompanying Issues and Decision Memorandum,
dated concurrently with this AD final
determination. The rate applied to that program was
1.13 percent.
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16:50 Apr 10, 2019
Jkt 247001
importation of LWS, no later than 45
days after this final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated and all cash deposits posted
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: April 4, 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 merchandise covered by this
investigation is laminated woven sacks.
Laminated woven sacks are bags consisting of
one or more plies of fabric consisting of
woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of
the strip; with or without an extrusion
coating of polypropylene and/or
polyethylene on one or both sides of the
fabric; laminated by any method either to an
exterior ply of plastic film such as biaxiallyoriented polypropylene (BOPP), polyester
(PET), polyethylene (PE), nylon, or any film
suitable for printing, or to an exterior ply of
paper; printed; displaying, containing, or
comprising three or more visible colors (e.g.,
laminated woven sacks printed with three
different shades of blue would be covered by
the scope), not including the color of the
woven fabric; regardless of the type of
printing process used; with or without lining;
with or without handles; with or without
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14653
special closing features (including, but not
limited to, closures that are sewn, glued,
easy-open (e.g., tape or thread), re-closable
(e.g., slider, hook and loop, zipper), hotwelded, adhesive-welded, or press- to-close);
whether finished or unfinished (e.g., whether
or not closed on one end and whether or not
in roll form, including, but not limited to,
sheets, lay-flat, or formed in tubes); not
exceeding one kilogram in actual weight.
Laminated woven sacks produced in the
Socialist Republic of Vietnam are subject to
the scope regardless of the country of origin
of the fabric used to make the sack.
The scope of this investigation excludes
laminated woven sacks having each of the
following physical characteristics: (1) No side
greater than 24 inches, (2) weight less than
100 grams, (3) an open top that is neither
sealable nor closable, the rim of which is
hemmed or sewn around the entire
circumference, (4) carry handles sewn on the
open end, (5) side gussets, and (6) either a
bottom gusset or a square or rectangular
bottom. The excluded items with the abovementioned physical characteristics may be
referred to as reusable shopping bags.
Subject laminated woven sacks are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 6305.33.0040 and 6305.33.0080.
If entered with plastic coating on both sides
of the fabric consisting of woven
polypropylene strip and/or woven
polyethylene strip, laminated woven sacks
may be classifiable under HTSUS
subheadings 3923.21.0080, 3923.21.0095,
and 3923.29.0000. If entered not closed on
one end or in roll form (including, but not
limited to, sheets, lay-flat tubing, and
sleeves), laminated woven sacks may be
classifiable under other HTSUS subheadings,
including 3917.39.0050, 3921.90.1100,
3921.90.1500, and 5903.90.2500. If the
polypropylene strips and/or polyethylene
strips making up the fabric measure more
than 5 millimeters in width, laminated
woven sacks may be classifiable under other
HTSUS subheadings including
4601.99.0500,4601.99.9000, and
4602.90.0000. Although HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Surrogate Value for Colored
Ink
Comment 2: Financial Statements Used to
Value Overhead; Selling, General and
Administrative Expenses; and Profit
V. Recommendation
[FR Doc. 2019–07198 Filed 4–10–19; 8:45 am]
BILLING CODE 3510–DS–P
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Agencies
[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14651-14653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07198]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-823]
Laminated Woven Sacks From the Socialist Republic of Vietnam:
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 imports
of laminated woven sacks (LWS) from the Socialist Republic of Vietnam
(Vietnam) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation is July 1,
2017, through December 31, 2017.
DATES: Applicable April 11, 2019.
FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2018, Commerce published in the Federal Register the
Preliminary Determination and invited interested parties to comment.\1\
On October 23, 2018, Commerce postponed the final determination of this
investigation until February 25, 2019.\2\ 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. Accordingly, the revised deadline for the
final determination is now April 4, 2019. A summary of the events that
occurred since Commerce published the Preliminary Determination may be
found in the Issues and Decision Memorandum that is dated concurrently
with this determination and hereby adopted by this notice.\4\
---------------------------------------------------------------------------
\1\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Preliminary Determination of Sales at Less Than Fair Value,
83 FR 51436 (October 11, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Postponement of Final Determination of Sales at Less Than
Fair Value Investigation, 83 FR 53452 (October 23, 2018).
\3\ See memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Laminated Woven Sacks from
the Socialist Republic of Vietnam,'' (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version are identical in content.
Period of Investigation
The period of investigation is July 1, 2017, through December 31,
2017.
Scope of the Investigation
The products covered by this investigation are laminated woven
sacks from Vietnam. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' at Appendix I.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation of LWS from Vietnam, Commerce
received scope comments from interested parties. Commerce issued a
Preliminary Scope Decision Memorandum to address these comments.\5\ In
response to Commerce's invitation to comment on its preliminary scope
determination, Commerce received scope comments from Halsted
Corporation (Halsted),\6\ and rebuttal comments from the
petitioners.\7\ However, Commerce rejected Halsted's scope comments
because they contained untimely filed new factual information.\8\
Because Halsted's scope comments have been removed from the record of
these investigations and Halsted did not file a redacted version of its
scope comments within the deadline allotted by Commerce, Halsted's
comments have not been considered in these investigations.\9\
Furthermore, because
[[Page 14652]]
the petitioners' rebuttal comments respond to Halsted's comments, which
have been removed from the record of these investigations, Commerce has
not considered the petitioners' comments. Therefore, Commerce has made
no changes to the scope of these investigations since the Preliminary
Determination.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Laminated Woven Sacks from the Socialist Republic
of Vietnam: Preliminary Scope Determination,'' dated October 3, 2018
(Preliminary Scope Decision Memorandum).
\6\ See Letter, ``Antidumping and Countervailing Duty
Investigations of Laminated Woven Sacks from the Socialist Republic
of Vietnam: Rejection of Untimely Filed Factual Information,'' dated
December 12, 2018 (rejecting Halsted Corporation's November 13, 2018
scope brief).
\7\ See Petitioners' Letter, ``Investigation of Laminated Woven
Sacks from the Socialist Republic of Vietnam: Petitioners' Rebuttal
Scope Brief,'' dated November 19, 2018.
\8\ See Letter, ``Antidumping and Countervailing Duty
Investigations of Laminated Woven Sacks from the Socialist Republic
of Vietnam: Rejection of Untimely Filed Factual Information,'' dated
December 12, 2018. See also Letter, ``Antidumping and Countervailing
Duty Investigations of Laminated Woven Sacks from the Socialist
Republic of Vietnam: Request for Withdrawal of Scope Comments,''
dated February 8, 2019.
\9\ Id.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and factors of production data
reported by Duong Vinh Hoa Packaging Company Limited (DVH Packaging)
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
respondent.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum accompanying this notice. A list of the issues
addressed in the Issues and Decision Memorandum is attached to this
notice at Appendix II.
For the final determination Commerce continues to rely upon facts
otherwise available, with adverse inferences (AFA), for the Vietnam-
wide entity, which includes Xinsheng Plastic Industry Co., Ltd.
(Xinsheng Plastic) a mandatory respondent, pursuant to sections 776(a)
and (b) of the Act.
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
DVH Packaging since the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum.
Separate Rates
For the final determination, we continue to find that four
exporters are entitled to a separate rate, as noted below. In the
Preliminary Determination, we assigned, as the separate rate, the
margin calculated for DVH Packaging, the sole mandatory respondent for
which we preliminarily calculated an estimated weighted-average dumping
margin, consistent with our practice.\10\ For the final determination,
we continue to assign the estimated weighted-average dumping margin
calculated for DVH Packaging to the exporters that are entitled to a
separate rate.
---------------------------------------------------------------------------
\10\ See Preliminary Determination, 83 FR 51436 and accompanying
PDM at 11-18.
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Vietnam-Wide Entity
For the final determination, we continue to find that the Vietnam-
wide entity, which includes certain Vietnamese exporters and/or
producers that did not respond to Commerce's requests for information,
failed to provide necessary information, failed to provide information
in a timely manner, and significantly impeded this proceeding by not
submitting the requested information. We also continue to find that the
Vietnam-wide entity failed to cooperate. As a result, we continue to
determine for the Vietnam-wide entity an estimated weighted-average
dumping margin on the basis of AFA pursuant to section 776(b) of the
Act. In the Preliminary Determination, Commerce based the AFA rate for
the Vietnam-wide entity on the petition margin of 292.61 percent.\11\
For this final determination, we continue to rely on AFA in determining
the rate for the Vietnam-wide entity and, as AFA, we continue to select
the petition margin of 292.61 percent as the estimated weighted-average
dumping margin for the Vietnam-wide entity (including Xinsheng
Plastic), as corroborated in the Preliminary Determination.
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\11\ Id. at 51437 and accompanying PDM at 17-18.
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Combination Rates
In the Initiation Notice,\12\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\13\
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\12\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value Investigation, 83 FR
14257 (April 3, 2018) (Initiation Notice).
\13\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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\14\ The Vietnam-wide entity includes Xinsheng Plastic Industry
Co., Ltd.
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate
average (adjusted for
Exporter Producer dumping subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Duong Vinh Hoa Packaging Company Limited...... Duong Vinh Hoa Packaging Company 109.46 108.33
Limited.
C.P. Packaging (Vietnam) Industry Co., Ltd.... C.P. Packaging (Vietnam) 109.46 108.33
Industry Co., Ltd.
Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Tan Dai Hung d.b.a. Tan Dai Hung 109.46 108.33
Co. and Tan Dai Hung Plastic Joint Stock Joint Stock Co. and Tan Dai
Company. Hung Plastic Joint Stock
Company.
TKMB Joint Stock Company...................... TKMB Joint Stock Company........ 109.46 108.33
Trung Dong Corporation........................ Trung Dong Corporation.......... 109.46 108.33
Vietnam-wide entity \14\...................... ................................ 292.61 291.48
----------------------------------------------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of LWS from Vietnam,
as described in Appendix I of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after October 11, 2018,
the date of publication in the Federal Register of the affirmative
Preliminary Determination. Further, pursuant to section 733(d)(1)(B) of
the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a
cash deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) For
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
[[Page 14653]]
Vietnamese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the Vietnam-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Vietnamese producer/exporter combination (or the Vietnam-wide
entity) that supplied that third-country exporter. Commerce normally
adjusts the estimated weighted-average dumping margin by the amount of
export subsidies countervailed in a companion countervailing duty (CVD)
proceeding when the CVD measures are in effect. Accordingly, where
Commerce made an affirmative determination for countervailable
subsidies that are export contingent,\15\ Commerce has offset the
estimated weighted-average dumping margin by the appropriate CVD
rate(s). Any such adjusted cash deposit rates may be found in the
``Final Determination Margin'' section, above. These suspension of
liquidation instructions will remain in effect until further notice.
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\15\ In the CVD final determination, we found the ``Import duty
exemptions on imports of raw materials for exporting goods'' program
to be an export subsidy. See Laminated Woven Sacks from the
Socialist Republic of Vietnam: Final Affirmative Countervailing Duty
Determination, and accompanying Issues and Decision Memorandum,
dated concurrently with this AD final determination. The rate
applied to that program was 1.13 percent.
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
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 Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of LWS, no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated and all cash deposits posted will be
refunded. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: April 4, 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 merchandise covered by this investigation is laminated woven
sacks. Laminated woven sacks are bags consisting of one or more
plies of fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to
an exterior ply of plastic film such as biaxially-oriented
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or
any film suitable for printing, or to an exterior ply of paper;
printed; displaying, containing, or comprising three or more visible
colors (e.g., laminated woven sacks printed with three different
shades of blue would be covered by the scope), not including the
color of the woven fabric; regardless of the type of printing
process used; with or without lining; with or without handles; with
or without special closing features (including, but not limited to,
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded,
adhesive-welded, or press- to-close); whether finished or unfinished
(e.g., whether or not closed on one end and whether or not in roll
form, including, but not limited to, sheets, lay-flat, or formed in
tubes); not exceeding one kilogram in actual weight. Laminated woven
sacks produced in the Socialist Republic of Vietnam are subject to
the scope regardless of the country of origin of the fabric used to
make the sack.
The scope of this investigation excludes laminated woven sacks
having each of the following physical characteristics: (1) No side
greater than 24 inches, (2) weight less than 100 grams, (3) an open
top that is neither sealable nor closable, the rim of which is
hemmed or sewn around the entire circumference, (4) carry handles
sewn on the open end, (5) side gussets, and (6) either a bottom
gusset or a square or rectangular bottom. The excluded items with
the above-mentioned physical characteristics may be referred to as
reusable shopping bags.
Subject laminated woven sacks are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
6305.33.0040 and 6305.33.0080. If entered with plastic coating on
both sides of the fabric consisting of woven polypropylene strip
and/or woven polyethylene strip, laminated woven sacks may be
classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and
3923.29.0000. If entered not closed on one end or in roll form
(including, but not limited to, sheets, lay-flat tubing, and
sleeves), laminated woven sacks may be classifiable under other
HTSUS subheadings, including 3917.39.0050, 3921.90.1100,
3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or
polyethylene strips making up the fabric measure more than 5
millimeters in width, laminated woven sacks may be classifiable
under other HTSUS subheadings including 4601.99.0500,4601.99.9000,
and 4602.90.0000. Although HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Surrogate Value for Colored Ink
Comment 2: Financial Statements Used to Value Overhead; Selling,
General and Administrative Expenses; and Profit
V. Recommendation
[FR Doc. 2019-07198 Filed 4-10-19; 8:45 am]
BILLING CODE 3510-DS-P