Rubber Bands From Thailand: Antidumping Duty Order, 17779-17780 [2019-08450]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Pages 17779-17780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08450]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-835]


Rubber Bands From Thailand: Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping duty (AD) order on rubber bands from 
Thailand.

DATES: Applicable April 26, 2019.

FOR FURTHER INFORMATION CONTACT: Stephanie Berger at (202) 482-2483 and 
Laurel LaCivita at 202-482-4243, AD/CVD Operations, Enforcement and 
Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.210(c), on March 7, 2019, 
Commerce published its affirmative final determination in the less-
than-fair-value (LTFV) investigation of rubber bands from Thailand.\1\ 
On April 22, 2019, the ITC notified Commerce of its final 
determination, pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured by reason of LTFV imports of 
rubber bands from Thailand, within the meaning of section 
735(b)(1)(A)(i) of the Act.\2\
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    \1\ See Rubber Bands from Thailand: Final Determination of Sales 
at Less Than Fair Value, 84 FR 8304 (March 7, 2019) (Final 
Determination).
    \2\ See Letter to the Honorable Jeffrey Kessler, Assistant 
Secretary of Commerce for Enforcement and Compliance, from David S. 
Johanson, Chairman of the ITC, ``Notification of ITC Final 
Determinations,'' dated April 22, 2019 (ITC Notification); see also 
Rubber Bands from Thailand, Investigation No. 731-TA-1410 (Final), 
(USITC Publication 4887).
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Scope of the Order

    The products covered by this order are rubber bands from Thailand. 
For a complete description of the scope of the order, see the Appendix 
to this notice.

AD Order

    On April 22, 2019, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determination that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of imports of rubber bands 
from Thailand that are sold in the United States at LTFV. Therefore, in 
accordance with section 735(c)(2) of the Act, we are issuing this AD 
order. Because the ITC determined that imports of rubber bands from 
Thailand are materially injuring a U.S. industry, unliquidated entries 
of such merchandise from Thailand entered, or withdrawn from warehouse, 
for consumption are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of rubber bands from Thailand. With the exception of 
entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final affirmative injury 
determination, as further described below, antidumping duties will be 
assessed on unliquidated entries of rubber bands from Thailand entered, 
or withdrawn from warehouse, for consumption on or after September 6, 
2018, the date of publication of the Preliminary Determination.\3\
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    \3\ 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).
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    Additionally, because the estimated weighted-average dumping margin 
for Liang Hah Heng International Rubber Co., Ltd and Hah Shung Heng Co. 
was determined to be zero in the investigation of rubber bands from 
Thailand, Commerce is directing CBP to not suspend liquidation of 
entries of subject merchandise produced by Liang Hah Heng or Hah Shung 
Heng and exported by either of these companies.

[[Page 17780]]

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 
applicable cash deposit rate equal to the estimated weighted-average 
dumping margin noted below.

Continuation of Suspension of Liquidation

    Except as noted above and in the ``Provisional Measures'' section 
of this notice below, in accordance with section 735(c)(1)(B) of the 
Act, we will instruct CBP to continue to suspend liquidation of all 
relevant entries of rubber bands from Thailand, effective the date of 
publication of the ITC's notice of final determination in the Federal 
Register. Because the estimated weighted-average dumping margin for 
Liang Hah Heng and Hah Shung Heng in the Final Determination was zero, 
entries of subject merchandise produced by Liang Hah Heng or Hah Shung 
Heng and exported by either of these companies are not subject to 
suspension of liquidation or cash deposit requirements. Entries of 
subject merchandise exported to the United States by 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 not 
entitled to this exclusion from suspension of liquidation and are 
subject to the applicable cash deposit rates noted below. These 
instructions suspending liquidation will remain in effect until further 
notice.
    We will also instruct CBP to require cash deposits equal to the 
amount as indicated below. Accordingly, effective on the date of 
publication in the Federal Register of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on the subject merchandise, a 
cash deposit equal to the estimated weighted-average dumping margin 
listed below. The all-others rate applies to all other producers or 
exporters not specifically listed.
    The estimated weighted-average dumping margin is as follows:

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

    Section 733(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of rubber bands from Thailand, we extended the four-month period to six 
months. Commerce's Preliminary Determination was published on September 
6, 2018. Therefore, the extended period, beginning on the date of 
publication of the preliminary determination, ended on March 4, 2019. 
Pursuant to section 737(b) of the Act, the collection of cash deposits 
at the rates listed above will begin on the date of publication of the 
ITC's final injury determination.
    Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of rubber bands from Thailand entered, or withdrawn from warehouse, for 
consumption after March 4, 2019, the date on which the provisional 
measures expired, through the day preceding the date of publication of 
the ITC's final injury determinations in the Federal Register. 
Suspension of liquidation will resume on the date of publication of the 
ITC's final determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the AD order with respect to rubber bands 
from Thailand pursuant to section 736(a) of the Act. Interested parties 
can find a list of orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with sections 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: April 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The scope of the order covers bands made of vulcanized rubber, 
with a flat length, as actually measured end-to-end by the band 
lying flat, no less than \1/2\ inch and no greater than 10 inches; 
with a width, which measures the dimension perpendicular to the 
length, actually of at least 3/64 inch and no greater than 2 inches; 
and a wall thickness actually from 0.020 inch to 0.125 inch. 
Vulcanized rubber has been chemically processed into a more durable 
material by the addition of sulfur or other equivalent curatives or 
accelerators. Subject products are included regardless of color or 
inclusion of printed material on the rubber band's surface, 
including but not limited to, rubber bands with printing on them, 
such as a product name, advertising, or slogan, and printed material 
(e.g., a tag) fastened to the rubber band by an adhesive or another 
temporary type of connection. The scope includes vulcanized rubber 
bands which are contained or otherwise exist in various forms and 
packages, such as, without limitation, vulcanized rubber bands 
included within a desk accessory set or other type of set or 
package, and vulcanized rubber band balls. The scope excludes 
products that consist of an elastomer loop and durable tag all-in-
one, and bands that are being used at the time of import to fasten 
an imported product.
    Excluded from the scope of the order are vulcanized rubber bands 
of various sizes with arrow shaped rubber protrusions from the outer 
diameter that exceeds at the anchor point a wall thickness of 0.125 
inches and where the protrusion is used to loop around, secure and 
lock in place.
    Excluded from the scope of the order are yarn/fabric-covered 
vulcanized rubber hair bands, regardless of size.
    Merchandise covered by the order 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 order is dispositive.

[FR Doc. 2019-08450 Filed 4-25-19; 8:45 am]
BILLING CODE 3510-DS-P