Laminated Woven Sacks From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind, in Part; 2018, 37624-37626 [2020-13493]
Download as PDF
37624
Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Notices
Written comments may be mailed to the
Western Regional Office, U.S.
Commission on Civil Rights, 300 North
Los Angeles Street, Suite 2010, Los
Angeles, CA 90012. They may also be
emailed to Ana Victoria Fortes at
afortes@usccr.gov.
Records and documents discussed
during the meeting will be available for
public viewing prior to and after the
meeting at. https://
www.facadatabase.gov/FACA/
FACAPublicViewCommitteeDetails?id=
a10t0000001gzljAAA.
Please click on the ‘‘Meeting Details’’
and ‘‘Documents’’ links. Records
generated from this meeting may also be
inspected and reproduced at the
Regional Programs Unit, as they become
available, both before and after the
meeting. Persons interested in the work
of this Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
Agenda
I. Welcome
II. Nominate Vice Chair
III. Concept Stage Presentation
IV. Review Civil Rights Topics
V. Public Comment
VI. Discuss Next Steps
VII. Good of the Order
VIII. Adjournment
Dated: June 17, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–13419 Filed 6–22–20; 8:45 am]
BILLING CODE P
that no further review of the activity is
warranted at this time. The production
activity described in the notification
was authorized, subject to the FTZ Act
and the FTZ Board’s regulations,
including § 400.14.
Dated: June 18, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–13497 Filed 6–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–10–2020]
Foreign-Trade Zone (FTZ) 176—
Rockford, Illinois, Authorization of
Production Activity, UniCarriers
Americas Corporation (Forklift Engines
and Assemblies), Marengo, Illinois
On February 18, 2020, UniCarriers
Americas Corporation submitted a
notification of proposed production
activity to the FTZ Board for its
facilities within Subzone 176E, in
Marengo, Illinois.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (85 FR 12497, March 3,
2020). On June 17, 2020, the applicant
was notified of the FTZ Board’s decision
that no further review of the activity is
warranted at this time. The production
activity described in the notification
was authorized, subject to the FTZ Act
and the FTZ Board’s regulations,
including Section 400.14.
Foreign-Trade Zones Board
Dated: June 17, 2020.
Andrew McGilvray,
Executive Secretary.
[B–09–2020]
[FR Doc. 2020–13498 Filed 6–22–20; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
jbell on DSKJLSW7X2PROD with NOTICES
Foreign-Trade Zone (FTZ) 124—
Gramercy, Louisiana; Authorization of
Production Activity; Frank’s
International, LLC (Line Pipe With
Tubular Joints); New Iberia and
Lafayette, Louisiana
On February 19, 2020, Frank’s
International, LLC submitted a
notification of proposed production
activity to the FTZ Board for its
facilities within FTZ 124, in New Iberia
and Lafayette, Louisiana.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (85 FR 12499, March 3,
2020). On June 18, 2020, the applicant
was notified of the FTZ Board’s decision
VerDate Sep<11>2014
17:17 Jun 22, 2020
Jkt 250001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–917]
Laminated Woven Sacks From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and Intent
To Rescind, in Part; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Shandong Shouguang Jianyuan
Chun Co., Ltd. (Shouguang) received
AGENCY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
countervailable subsidies during the
period of review, January 1, 2018
through December 31, 2018. In addition,
we intend to rescind this review with
respect to the 18 companies listed in
Appendix II of this notice. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the Sacks CVD
Order 1 for the period of review (POR)
January 1, 2018 through December 31,
2018.2 On August 30, 2019, Commerce
received a timely request for an
administrative review of the Sacks CVD
Order from the Laminated Woven Sacks
Fair Trade Coalition and its individual
members, Polytex Fibers Corporation
and ProAmpac Holdings Inc.
(collectively, the petitioners).3 On
October 7, 2019, in accordance with 19
CFR 351.221(c)(l)(i), Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the Sacks CVD Order for the
POR with respect to 20 companies.4
We stated in the Initiation Notice that,
in the event Commerce limits the
1 See Laminated Woven Sacks from the People’s
Republic of China: Countervailing Duty Order, 73
FR 45955 (August 7, 2008) (Sacks CVD Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 37834
(August 2, 2019).
3 See Petitioners’ Letter, ‘‘Laminated Woven
Sacks from the People’s Republic of China: Request
for Countervailing Duty Administrative Review,’’
dated August 30, 2019.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019) (Initiation Notice). We
initiated a review of 20 companies: (1) Cangnan
Color Make The Bag; (2) Changle Baodu Plastic Co.,
Ltd.; (3) First Way (H.K.) Limited; (4) Han Shing
Chemical Co., Ltd.; (5) Jiangsu Hotson Plastics Co.,
Ltd.; (6) Ningbo Yong Feng Packaging Co., Ltd.; (7)
Polywell Industrial Co.; (8) Polywell Plastic Product
Factory; (9) Shandong Longxing Plastic Products
Company Ltd.; (10) Shandong Qikai Plastics
Product Co., Ltd.; (11) Shandong Qilu Plastic Fabric
Group, Ltd.; (12) Shandong Shouguang Jianyuan
Chun Co., Ltd.; (13) Shandong Youlian Co., Ltd.;
(14) Wenzhou Hotson Plastics Co., Ltd.; (15) Zibo
Aifudi Plastic Packaging Co., Ltd.; (16) Zibo Linzi
Luitong Plastic Fabric Co., Ltd.; (17) Zibo Linzi
Qitianli Plastic Fabric Co., Ltd.; (18) Zibo Linzi
Shuaiqiang Plastics Co., Ltd.; (19) Zibo Linzi Worun
Packing Product Co., Ltd.; and (20) Zibo Qigao
Plastic Cement Co., Ltd.
E:\FR\FM\23JNN1.SGM
23JNN1
Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Notices
number of respondents for individual
examination, we intended to base our
selection of mandatory respondents on
U.S. Customs and Border Protection
(CBP) import data.5 On February 24,
2020, we placed CBP import data for
entries of laminated woven sacks from
the People’s Republic of China (China)
that entered the United States during
the POR.6 No parties filed comments.
On March 13, 2020, Commerce issued
the respondent selection
memorandum,7 in which we found that
the CBP entry data indicated that, of the
20 companies subject to review,
Shouguang was the only company with
entries of subject merchandise during
the POR.8 Therefore, we selected
Shouguang as the sole mandatory
respondent in this administrative
review. We issued a questionnaire on
March 16, 2020 seeking information
regarding the alleged subsidies.9 Neither
the Government of China (GOC) nor
Shouguang responded to the
questionnaire.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days, thereby extending the
deadline for these preliminary results
until June 23, 2020.10
Scope of the Order
The merchandise covered by this
countervailing duty order is laminated
woven sacks. For a complete description
of the scope of the Sacks CVD Order, see
5 Id.,
84 FR at 53412.
Memorandum, ‘‘Countervailing Duty
Administrative Review of Laminated Woven Sacks
from the People’s Republic of China: U.S. Customs
Entries,’’ dated February 24, 2020.
7 See Memorandum, ‘‘2018 Administrative
Review of the Countervailing Duty Order on
Laminated Woven Sacks from the People’s Republic
of China: Respondent Selection,’’ dated March 13,
2020 (Respondent Selection Memo).
8 Id. at 2. We note that Shouguang was found to
be cross-owned with Shandong Longxing Plastic
Products Co., Ltd. in the underlying investigation.
See Memorandum, ‘‘Cross-ownership and the
Application of Adverse Facts Available to
Shandong Shouguang Jianyuanchun Co., Ltd. and
Shandong Longxing Plastic Products Co., Ltd., (SSJ/
SLP),’’ dated April 22, 2008, unchanged in
Laminated Woven Sacks from the People’s Republic
of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative
Determination, in Part, of Critical Circumstances,
73 FR 35639 (June 24, 2008). Thus, Shandong
Longxing Plastic Products Co., Ltd. is subject to the
same rate as Shouguang.
9 See Commerce’s Letter, ‘‘2018 Administrative
Review of the Countervailing Duty Order on
Laminated Woven Sacks from China: Initial
Questionnaire,’’ (March 16, 2020) (Initial
Questionnaire).
10 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
jbell on DSKJLSW7X2PROD with NOTICES
6 See
VerDate Sep<11>2014
17:17 Jun 22, 2020
Jkt 250001
the Preliminary Decision
Memorandum.11
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). In
reaching these preliminary results,
Commerce relied on facts otherwise
available, with the application of
adverse inferences.12 For further
information, see ‘‘Use of Facts
Otherwise Available and Application of
Adverse Inferences’’ in the
accompanying Preliminary Decision
Memorandum. A list of topics discussed
in the Preliminary Decision
Memorandum is provided at Appendix
I to this notice.
The Preliminary 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Intent To Rescind Review, In Part
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.13 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.14 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct CBP to liquidate
at the calculated countervailing duty
11 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of and Rescission, in Part,
of the Countervailing Duty Administrative Review
of Laminated Woven Sacks from the People’s
Republic of China; 2018,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
12 See section 776 of the Act.
13 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
14 See 19 CFR 351.212(b)(2).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
37625
assessment rate calculated for the
review period.15
As noted in the ‘‘Background’’ section
above, according to the CBP import
data, 19 of the 20 companies subject to
this review did not have reviewable
entries of subject merchandise during
the POR for which liquidation is
suspended. However, as noted above,
Commerce has previously found one of
these 19 companies, Shandong
Longxing Plastic Products Co., Ltd., to
be cross-owned with Shouguang. Thus,
Shandong Longxing Plastic Products
Co., Ltd. remains subject to this review
and is subject to the same rate as
Shouguang. Accordingly, in the absence
of reviewable, suspended entries of
subject merchandise during the POR by
the other 18 companies at issue, we
intend to rescind this administrative
review, in part, with respect to these 18
companies, in accordance with 19 CFR
351.213(d)(3).16
Preliminary Results of Review
Pursuant to section 776(a) of the Act,
Commerce is preliminarily relying upon
facts otherwise available because both
the GOC and Shouguang have not
participated in this review or responded
to the initial questionnaire. As a result,
necessary information is not available
on the record. Additionally, by not
responding to the initial questionnaire,
the GOC and Shouguang withheld
information that had been requested of
them, failed to provide information
within the deadlines established, and
significantly impeded this proceeding.
Moreover, pursuant to 776(b) of the Act,
we preliminarily find that an adverse
inference is warranted because, by not
responding to the initial questionnaire,
the GOC and Shouguang did not
cooperate to the best of their ability to
comply with Commerce’s requests for
information in this review. We
preliminarily determine the net adverse
facts available countervailable subsidy
rate for Shouguang to be 398.62 percent
ad valorem.
Disclosure, Public Comment, and
Opportunity To Request a Hearing
Normally, Commerce discloses to
interested parties the calculations
performed in connection with
preliminary results within five days of
the date of publication of the
preliminary results, in accordance with
19 CFR 351.224(b). However, because
Commerce has preliminarily applied a
rate based on total facts otherwise
15 See
19 CFR 351.213(d)(3).
Appendix II for a list of the eighteen
companies for whom we are rescinding this review
because each that had no reviewable, suspended
entries during the POR.
16 See
E:\FR\FM\23JNN1.SGM
23JNN1
37626
Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Notices
available with an adverse inference to
the sole mandatory respondent in this
review, in accordance with section 776
of the Act, and because the method for
determining the subsidy rate is outlined
in the Preliminary Decision
Memorandum, there are no calculations
to disclose.
Case briefs or other written comments
may be submitted no later than 30 days
after the date on which these
preliminary results publish in the
Federal Register. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs. Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.17 All electronically filed
documents must be received
successfully in their entirety via
Commerce’s electronic records system,
ACCESS, by the date and time it is due.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until July 17,
2020, unless extended.18
Pursuant to 19 CFR 351.310, any
interested party may request a hearing
within 30 days of publication of this
notice. Hearing requests should contain
the following information: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. Oral presentations will be
limited to issues raised in the case and
rebuttal briefs. If a party requests a
hearing, Commerce will inform parties
of the scheduled date for the hearing at
a time and location to be determined.
Parties should confirm by telephone the
date, time, and location of the hearing.
Commerce intends to issue the final
results of this review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
jbell on DSKJLSW7X2PROD with NOTICES
Assessment Rates and Cash Deposit
Requirement
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review. If the preliminary results are
17 See
19 CFR 351.309(c)(2).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
18 See
VerDate Sep<11>2014
17:17 Jun 22, 2020
Jkt 250001
unchanged for the final results,
Commerce will instruct CBP to apply an
assessment rate of 398.62 percent ad
valorem to all entries of subject
merchandise during the POR which
were produced and/or exported by
Shouguang. If this review is rescinded
for the 18 companies listed in Appendix
II, Commerce will instruct CBP to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2018 through December 31, 2018, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount of 398.62 percent ad valorem
for Shouguang on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most-recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(l) and 777(i)(l) of the Act
and 19 CFR 351.213 and 351.221(b)(4).
Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind Review, In Part
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Disclosure and Public Comment
VII. Recommendation
Appendix II
List of Non-Selected Companies for
Rescission
1. Cangnan Color Make The Bag
2. Changle Baodu Plastic Co., Ltd.
3. First Way (H.K.) Limited
4. Han Shing Chemical Co., Ltd.
5. Jiangsu Hotson Plastics Co., Ltd.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
6. Ningbo Yong Feng Packaging Co., Ltd.
7. Polywell Industrial Co.
8. Polywell Plastic Product Factory
9. Shandong Qikai Plastics Product Co., Ltd.
10. Shandong Qilu Plastic Fabric Group, Ltd.
11. Shandong Youlian Co., Ltd.
12. Wenzhou Hotson Plastics Co., Ltd.
13. Zibo Aifudi Plastic Packaging Co., Ltd.
14. Zibo Linzi Luitong Plastic Fabric Co., Ltd.
15. Zibo Linzi Qitianli Plastic Fabric Co., Ltd.
16. Zibo Linzi Shuaiqiang Plastics Co., Ltd.
17. Zibo Linzi Worun Packing Product Co.,
Ltd.
18. Zibo Qigao Plastic Cement Co., Ltd.
[FR Doc. 2020–13493 Filed 6–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–853]
Citric Acid and Certain Citrate Salts
From Canada: Final Results of Sunset
Review and Revocation of Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 1, 2020, the
Department of Commerce (Commerce)
initiated the second sunset review of the
antidumping duty order on citric acid
and certain citrate salts from Canada.
Because the domestic interested parties
withdrew their intent to participate in
this sunset review, Commerce is
revoking this antidumping duty order.
DATES: Applicable June 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin, 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) 482–2638.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 29, 2009, Commerce issued
an antidumping duty order on citric
acid and certain citrate salts from
Canada.1 On June 24, 2015, Commerce
published a continuation of the order.2
On May 1, 2020, Commerce initiated a
second sunset review of this order.3
1 See Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009).
2 See Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Continuation of the Antidumping Duty Orders on
Canada and the People’s Republic of China, and
Continuation of the Countervailing Duty Order on
the People’s Republic of China, 80 FR 36318 (June
24, 2015) (2015 Continuation Notice).
3 See Initiation of Five-Year (Sunset) Reviews, 85
FR 25386 (May 1, 2020).
E:\FR\FM\23JNN1.SGM
23JNN1
Agencies
[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37624-37626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13493]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-917]
Laminated Woven Sacks From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review and
Intent To Rescind, in Part; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Shandong Shouguang Jianyuan Chun Co., Ltd. (Shouguang) received
countervailable subsidies during the period of review, January 1, 2018
through December 31, 2018. In addition, we intend to rescind this
review with respect to the 18 companies listed in Appendix II of this
notice. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable June 23, 2020.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5484.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2019, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the Sacks
CVD Order \1\ for the period of review (POR) January 1, 2018 through
December 31, 2018.\2\ On August 30, 2019, Commerce received a timely
request for an administrative review of the Sacks CVD Order from the
Laminated Woven Sacks Fair Trade Coalition and its individual members,
Polytex Fibers Corporation and ProAmpac Holdings Inc. (collectively,
the petitioners).\3\ On October 7, 2019, in accordance with 19 CFR
351.221(c)(l)(i), Commerce published in the Federal Register a notice
of initiation of an administrative review of the Sacks CVD Order for
the POR with respect to 20 companies.\4\
---------------------------------------------------------------------------
\1\ See Laminated Woven Sacks from the People's Republic of
China: Countervailing Duty Order, 73 FR 45955 (August 7, 2008)
(Sacks CVD Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 37834 (August 2, 2019).
\3\ See Petitioners' Letter, ``Laminated Woven Sacks from the
People's Republic of China: Request for Countervailing Duty
Administrative Review,'' dated August 30, 2019.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice). We initiated a review of 20 companies: (1) Cangnan Color
Make The Bag; (2) Changle Baodu Plastic Co., Ltd.; (3) First Way
(H.K.) Limited; (4) Han Shing Chemical Co., Ltd.; (5) Jiangsu Hotson
Plastics Co., Ltd.; (6) Ningbo Yong Feng Packaging Co., Ltd.; (7)
Polywell Industrial Co.; (8) Polywell Plastic Product Factory; (9)
Shandong Longxing Plastic Products Company Ltd.; (10) Shandong Qikai
Plastics Product Co., Ltd.; (11) Shandong Qilu Plastic Fabric Group,
Ltd.; (12) Shandong Shouguang Jianyuan Chun Co., Ltd.; (13) Shandong
Youlian Co., Ltd.; (14) Wenzhou Hotson Plastics Co., Ltd.; (15) Zibo
Aifudi Plastic Packaging Co., Ltd.; (16) Zibo Linzi Luitong Plastic
Fabric Co., Ltd.; (17) Zibo Linzi Qitianli Plastic Fabric Co., Ltd.;
(18) Zibo Linzi Shuaiqiang Plastics Co., Ltd.; (19) Zibo Linzi Worun
Packing Product Co., Ltd.; and (20) Zibo Qigao Plastic Cement Co.,
Ltd.
---------------------------------------------------------------------------
We stated in the Initiation Notice that, in the event Commerce
limits the
[[Page 37625]]
number of respondents for individual examination, we intended to base
our selection of mandatory respondents on U.S. Customs and Border
Protection (CBP) import data.\5\ On February 24, 2020, we placed CBP
import data for entries of laminated woven sacks from the People's
Republic of China (China) that entered the United States during the
POR.\6\ No parties filed comments. On March 13, 2020, Commerce issued
the respondent selection memorandum,\7\ in which we found that the CBP
entry data indicated that, of the 20 companies subject to review,
Shouguang was the only company with entries of subject merchandise
during the POR.\8\ Therefore, we selected Shouguang as the sole
mandatory respondent in this administrative review. We issued a
questionnaire on March 16, 2020 seeking information regarding the
alleged subsidies.\9\ Neither the Government of China (GOC) nor
Shouguang responded to the questionnaire.
---------------------------------------------------------------------------
\5\ Id., 84 FR at 53412.
\6\ See Memorandum, ``Countervailing Duty Administrative Review
of Laminated Woven Sacks from the People's Republic of China: U.S.
Customs Entries,'' dated February 24, 2020.
\7\ See Memorandum, ``2018 Administrative Review of the
Countervailing Duty Order on Laminated Woven Sacks from the People's
Republic of China: Respondent Selection,'' dated March 13, 2020
(Respondent Selection Memo).
\8\ Id. at 2. We note that Shouguang was found to be cross-owned
with Shandong Longxing Plastic Products Co., Ltd. in the underlying
investigation. See Memorandum, ``Cross-ownership and the Application
of Adverse Facts Available to Shandong Shouguang Jianyuanchun Co.,
Ltd. and Shandong Longxing Plastic Products Co., Ltd., (SSJ/SLP),''
dated April 22, 2008, unchanged in Laminated Woven Sacks from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination, in Part, of
Critical Circumstances, 73 FR 35639 (June 24, 2008). Thus, Shandong
Longxing Plastic Products Co., Ltd. is subject to the same rate as
Shouguang.
\9\ See Commerce's Letter, ``2018 Administrative Review of the
Countervailing Duty Order on Laminated Woven Sacks from China:
Initial Questionnaire,'' (March 16, 2020) (Initial Questionnaire).
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby extending the deadline for these
preliminary results until June 23, 2020.\10\
---------------------------------------------------------------------------
\10\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this countervailing duty order is
laminated woven sacks. For a complete description of the scope of the
Sacks CVD Order, see the Preliminary Decision Memorandum.\11\
---------------------------------------------------------------------------
\11\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of and Rescission, in Part, of the Countervailing Duty
Administrative Review of Laminated Woven Sacks from the People's
Republic of China; 2018,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). In reaching these preliminary results, Commerce relied on facts
otherwise available, with the application of adverse inferences.\12\
For further information, see ``Use of Facts Otherwise Available and
Application of Adverse Inferences'' in the accompanying Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------
\12\ See section 776 of the Act.
---------------------------------------------------------------------------
The Preliminary 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Intent To Rescind Review, In Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\13\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\14\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
assessment rate calculated for the review period.\15\
---------------------------------------------------------------------------
\13\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\14\ See 19 CFR 351.212(b)(2).
\15\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
As noted in the ``Background'' section above, according to the CBP
import data, 19 of the 20 companies subject to this review did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended. However, as noted above, Commerce has
previously found one of these 19 companies, Shandong Longxing Plastic
Products Co., Ltd., to be cross-owned with Shouguang. Thus, Shandong
Longxing Plastic Products Co., Ltd. remains subject to this review and
is subject to the same rate as Shouguang. Accordingly, in the absence
of reviewable, suspended entries of subject merchandise during the POR
by the other 18 companies at issue, we intend to rescind this
administrative review, in part, with respect to these 18 companies, in
accordance with 19 CFR 351.213(d)(3).\16\
---------------------------------------------------------------------------
\16\ See Appendix II for a list of the eighteen companies for
whom we are rescinding this review because each that had no
reviewable, suspended entries during the POR.
---------------------------------------------------------------------------
Preliminary Results of Review
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available because both the GOC and
Shouguang have not participated in this review or responded to the
initial questionnaire. As a result, necessary information is not
available on the record. Additionally, by not responding to the initial
questionnaire, the GOC and Shouguang withheld information that had been
requested of them, failed to provide information within the deadlines
established, and significantly impeded this proceeding. Moreover,
pursuant to 776(b) of the Act, we preliminarily find that an adverse
inference is warranted because, by not responding to the initial
questionnaire, the GOC and Shouguang did not cooperate to the best of
their ability to comply with Commerce's requests for information in
this review. We preliminarily determine the net adverse facts available
countervailable subsidy rate for Shouguang to be 398.62 percent ad
valorem.
Disclosure, Public Comment, and Opportunity To Request a Hearing
Normally, Commerce discloses to interested parties the calculations
performed in connection with preliminary results within five days of
the date of publication of the preliminary results, in accordance with
19 CFR 351.224(b). However, because Commerce has preliminarily applied
a rate based on total facts otherwise
[[Page 37626]]
available with an adverse inference to the sole mandatory respondent in
this review, in accordance with section 776 of the Act, and because the
method for determining the subsidy rate is outlined in the Preliminary
Decision Memorandum, there are no calculations to disclose.
Case briefs or other written comments may be submitted no later
than 30 days after the date on which these preliminary results publish
in the Federal Register. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than seven days after the
deadline date for case briefs. Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\17\ All electronically filed documents must be received
successfully in their entirety via Commerce's electronic records
system, ACCESS, by the date and time it is due. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until July 17, 2020,
unless extended.\18\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.309(c)(2).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310, any interested party may request a
hearing within 30 days of publication of this notice. Hearing requests
should contain the following information: (1) The party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of the issues to be discussed. Oral presentations will be
limited to issues raised in the case and rebuttal briefs. If a party
requests a hearing, Commerce will inform parties of the scheduled date
for the hearing at a time and location to be determined. Parties should
confirm by telephone the date, time, and location of the hearing.
Commerce intends to issue the final results of this review,
including the results of its analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates and Cash Deposit Requirement
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, countervailing duties on all appropriate entries
covered by this review. If the preliminary results are unchanged for
the final results, Commerce will instruct CBP to apply an assessment
rate of 398.62 percent ad valorem to all entries of subject merchandise
during the POR which were produced and/or exported by Shouguang. If
this review is rescinded for the 18 companies listed in Appendix II,
Commerce will instruct CBP to assess countervailing duties on all
appropriate entries at a rate equal to the cash deposit of estimated
countervailing duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period January 1, 2018 through
December 31, 2018, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions directly to CBP 15
days after publication of this notice.
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount of 398.62 percent ad valorem for Shouguang on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. For all non-reviewed firms, we will instruct
CBP to continue to collect cash deposits at the most-recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind Review, In Part
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Disclosure and Public Comment
VII. Recommendation
Appendix II
List of Non-Selected Companies for Rescission
1. Cangnan Color Make The Bag
2. Changle Baodu Plastic Co., Ltd.
3. First Way (H.K.) Limited
4. Han Shing Chemical Co., Ltd.
5. Jiangsu Hotson Plastics Co., Ltd.
6. Ningbo Yong Feng Packaging Co., Ltd.
7. Polywell Industrial Co.
8. Polywell Plastic Product Factory
9. Shandong Qikai Plastics Product Co., Ltd.
10. Shandong Qilu Plastic Fabric Group, Ltd.
11. Shandong Youlian Co., Ltd.
12. Wenzhou Hotson Plastics Co., Ltd.
13. Zibo Aifudi Plastic Packaging Co., Ltd.
14. Zibo Linzi Luitong Plastic Fabric Co., Ltd.
15. Zibo Linzi Qitianli Plastic Fabric Co., Ltd.
16. Zibo Linzi Shuaiqiang Plastics Co., Ltd.
17. Zibo Linzi Worun Packing Product Co., Ltd.
18. Zibo Qigao Plastic Cement Co., Ltd.
[FR Doc. 2020-13493 Filed 6-22-20; 8:45 am]
BILLING CODE 3510-DS-P