Twist Ties From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 79468-79470 [2020-27134]
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79468
Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Notices
number of participants, whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.24 Issues
addressed during the hearing will be
limited to those raised in the briefs.25
Parties should confirm by telephone the
date and time of the hearing two days
before the scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 3, 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. Intent to Rescind, in Part
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Benchmark Interest Rates and Discount
Rates
VIII. Analysis of Programs
IX. Conclusion
jbell on DSKJLSW7X2PROD with NOTICES
Appendix II
Companies Not Selected for Individual
Examination
1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Bebitz Flanges Works Private Limited
5. C.D. Industries
6. CHW Forge
7. CHW Forge Pvt. Ltd.
8. Citizen Metal Depot
9. Corum Flange
10. DN Forge Industries
11. Echjay Forgings Limited
12. Falcon Valves and Flanges Private
Limited
13. Heubach International
14. Hindon Forge Pvt. Ltd.
15. Jai Auto Pvt. Ltd.
16. Kinnari Steel Corporation
17. Mascot Metal Manufacturers
24 See
25 See
19 CFR 351.310.
19 CFR 351.310(c).
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18. M F Rings and Bearing Races Ltd.
19. OM Exports
20. Punjab Steel Works (PSW)
21. Raaj Sagar Steel
22. Ravi Ratan Metal Industries
23. R. D. Forge
24. Rolex Fittings India Pvt. Ltd.
25. Rollwell Forge Pvt. Ltd.
26. SHM (ShinHeung Machinery)
27. Siddhagiri Metal & Tubes
28. Sizer India
29. Steel Shape India
30. Sudhir Forgings Pvt. Ltd.
31. Tirupati Forge
[FR Doc. 2020–27137 Filed 12–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–131]
Twist Ties From the People’s Republic
of China: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that twist ties from the
People’s Republic of China (China) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
October 1, 2019 through March 31,
2020. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable December 10, 2020.
Alex
Wood or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1959 or (202) 482–3860,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II 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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are twist ties from China.
For a complete description of the scope
of this investigation, see Appendix I to
this notice.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (scope).4 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Determination
Memorandum.5 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to sections
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on July 27, 2020.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
1 See Twist Ties from the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 45161 (July 27, 2020)
(Initiation Notice).
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2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the Less-ThanFair-Value Investigation of Twist Ties from People’s
Republic of China (Preliminary Decision
Memorandum), dated concurrently with, and
hereby adopted by, this notice; see also Appendix
I.
3 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
5 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Twist Ties
from the People’s Republic of China: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated November 23,
2020 (Preliminary Scope Determination
Memorandum).
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Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Notices
inferences, with respect to the Chinawide entity. The China-wide entity
includes mandatory respondents
Zhenjiang Hongda Commodity Co., Ltd.
(Zhenjiang Hongda) and Zhenjiang
Zhonglian I/E Co., Ltd. (Zhenjiang
Zhonglian).6 These companies failed to
respond to Commerce’s requests for
information and withdrew from
participation in this investigation. For a
full description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,7 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.8 In
this investigation, we assigned
producer/exporter combination rates for
respondents eligible for separate rates.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
Rongfa Plastic Products Co., Ltd. (also known as
Zhenjiang Rongfa Plastic Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd .....................
Rongfa Plastic Products Co., Ltd. (also known as
Zhenjiang Rongfa Plastic Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd .....................
jbell on DSKJLSW7X2PROD with NOTICES
China-Wide Entity 9
Cash deposit
rate
(adjusted
for subsidy
offsets)
(percent)
72.96
62.42
72.96
62.42
72.96
62.42
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, as discussed below. 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 Chinese 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 China-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or
China-wide entity) that supplied that
third-country exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
Commerce has made a preliminary
affirmative determination for an export
subsidy adjustment. However,
Commerce has not made a preliminary
affirmative determination for a domestic
subsidy pass-through adjustment in this
investigation. Commerce has offset the
estimated weighted-average dumping
margin by the appropriate rate. Any
such adjusted rates may be found in the
chart of estimated weighted-average
dumping margins in the ‘‘Preliminary
Determination’’ section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
Public Comment
Case briefs or other written comments
may be submitted to Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) no
later than 30 days after the date of
publication of the preliminary
determination, unless the Secretary
alters the time limit. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
6 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Twist Ties from the People’s
Republic of China: Respondent Selection,’’ dated
August 17, 2020 (Respondent Selection
Memorandum); see also Zhenjiang Hongda and
Zhenjiang Zhonglian’s Letter, ‘‘Twist Ties from the
People’s Republic of China: Withdrawal of
Zhenjiang Hongda and Zhenjiang Zhonglian from
the Antidumping Duty Investigation and Counsel’s
Certification of Compliance with the Terms of the
APO,’’ dated August 24, 2020.
7 See Initiation Notice at 45164.
8 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.
9 The China-Wide Entity includes Zhenjiang
Hongda and Zhenjiang Zhonglian.
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18:26 Dec 09, 2020
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performed in connection with a
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). However,
because Commerce preliminarily
determined that the mandatory
respondents should be considered to be
part of the China-wide entity and
assigned the China-wide entity an AFA
rate based solely on the petition, there
are no calculations to disclose.
Verification
Because the mandatory respondents
in this investigation did not provide
information requested by Commerce
and Commerce preliminarily determines
in accordance with section 776(b) of the
Act that each of the mandatory
respondents to have been
uncooperative, verification will not be
conducted.
E:\FR\FM\10DEN1.SGM
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Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Notices
briefs.10 Parties who submit case briefs
or rebuttal briefs in this investigation
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.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Parties must file their case and
rebuttal briefs, and any requests for a
hearing, electronically using
Commerce’s electronic records system,
ACCESS.12 Electronically filed
documents must be received
successfully in their entirety by 5:00
p.m. Eastern Time,13 on the due dates
established above. Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.14
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
jbell on DSKJLSW7X2PROD with NOTICES
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.303(b)(2)(i).
13 See 19 CFR 351.303(b)(1).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:36 Dec 09, 2020
Jkt 253001
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation consists of twist ties, which are
thin, bendable ties for closing containers,
such as bags, bundle items, or identifying
objects. A twist tie in most circumstances is
comprised of one or more metal wires
encased in a covering material, which allows
the tie to retain its shape and bind against
itself. However, it is possible to make a twist
tie with plastic and no metal wires. The
metal wire that is generally used in a twist
tie is stainless or galvanized steel and
typically measures between the gauges of 19
(.0410″ diameter) and 31 (.0132″) (American
Standard Wire Gauge). A twist tie usually has
a width between .075″ and 1″ in the crossmachine direction (width of the tie—
measurement perpendicular with the wire); a
thickness between .015″ and .045″ over the
wire; and a thickness between .002″ and
.020″ in areas without wire. The scope
includes an all-plastic twist tie containing a
plastic core as well as a plastic covering (the
wing) over the core, just like paper and/or
plastic in a metal tie. An all-plastic twist tie
(without metal wire) would be of the same
measurements as a twist tie containing one
or more metal wires. Twist ties are
commonly available individually in pre-cut
lengths (‘‘singles’’), wound in large spools to
be cut later by machine or hand, or in
perforated sheets of spooled or single twist
ties that are later slit by machine or by hand
(‘‘gangs’’).
The covering material of a twist tie may be
paper (metallic or plain), or plastic, and can
be dyed in a variety of colors with or without
printing. A twist tie may have the same
covering material on both sides or one side
of paper and one side of plastic. When
comprised of two sides of paper, the paper
material is bound together with an adhesive
or plastic. A twist tie may also have a tag or
label attached to it or a pre-applied adhesive
attached to it.
Excluded from the scope of the order are
twist ties packaged with bags for sale together
where the quantity of twist ties does not
exceed twice the number of bags in each
package. Also excluded are twists ties that
constitute part of the packaging of the
imported product, for example, merchandise
anchored/secured to a backing with twist ties
in the retail package or a bag of bread that
is closed with a twist tie.
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Twist ties are imported into the United
States under Harmonized Tariff Schedule of
the United States (HTSUS) subheadings
8309.90.0000 and 5609.00.3000. Subject
merchandise may also enter under HTSUS
subheadings 3920.51.5000, 3923.90.0080,
3926.90.9990, 4811.59.6000, 4821.10.2000,
4821.10.4000, 4821.90.2000, 4821.90.4000,
and 4823.90.8600. These HTSUS
subheadings are provided for reference only.
The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the
Act
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies
IX. Verification
X. ITC Notification
XI. Recommendation
[FR Doc. 2020–27134 Filed 12–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Partial Rescission of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) is rescinding the
administrative review, in part, of the
antidumping duty order on certain steel
nails from Taiwan for the period July 1,
2019 through June 30, 2020.
SUMMARY:
DATES:
Applicable December 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2020, based on
timely requests for review by Mid
Continent Steel & Wire, Inc. (the
petitioner), a domestic producer and
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Pages 79468-79470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27134]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-131]
Twist Ties From the People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that twist ties from the People's Republic of China (China)
are being, or are likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation is October 1, 2019
through March 31, 2020. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable December 10, 2020.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-1959 or (202) 482-3860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on July 27,
2020.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II 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 the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Twist Ties from the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigations, 85 FR 45161 (July
27, 2020) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Less-Than-Fair-Value Investigation of Twist
Ties from People's Republic of China (Preliminary Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice; see also Appendix I.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are twist ties from
China. For a complete description of the scope of this investigation,
see Appendix I to this notice.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\4\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Determination Memorandum.\5\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\4\ See Initiation Notice.
\5\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Twist Ties from the People's Republic of China:
Scope Comments Decision Memorandum for the Preliminary
Determinations,'' dated November 23, 2020 (Preliminary Scope
Determination Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce preliminarily has relied upon facts otherwise available, with
adverse
[[Page 79469]]
inferences, with respect to the China-wide entity. The China-wide
entity includes mandatory respondents Zhenjiang Hongda Commodity Co.,
Ltd. (Zhenjiang Hongda) and Zhenjiang Zhonglian I/E Co., Ltd.
(Zhenjiang Zhonglian).\6\ These companies failed to respond to
Commerce's requests for information and withdrew from participation in
this investigation. For a full description of the methodology
underlying Commerce's preliminary determination, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Twist Ties from the People's Republic of China: Respondent
Selection,'' dated August 17, 2020 (Respondent Selection
Memorandum); see also Zhenjiang Hongda and Zhenjiang Zhonglian's
Letter, ``Twist Ties from the People's Republic of China: Withdrawal
of Zhenjiang Hongda and Zhenjiang Zhonglian from the Antidumping
Duty Investigation and Counsel's Certification of Compliance with
the Terms of the APO,'' dated August 24, 2020.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,7 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.\8\ In this investigation, we assigned
producer/exporter combination rates for respondents eligible for
separate rates.
---------------------------------------------------------------------------
\7\ See Initiation Notice at 45164.
\8\ 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.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated
weighted- Cash deposit
average rate (adjusted
Producer Exporter dumping for subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Rongfa Plastic Products Co., Ltd. (also known Rongfa Plastic Products Co., Ltd. 72.96 62.42
as Zhenjiang Rongfa Plastic Co., Ltd). (also known as Zhenjiang Rongfa
Plastic Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd.... Tianjin Kyoei Packaging Supplies Co., 72.96 62.42
Ltd.
-------------------------------------------------------------------------------------
China-Wide Entity \9\ 72.96 62.42
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\9\ The China-Wide Entity includes Zhenjiang Hongda and
Zhenjiang Zhonglian.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. 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
Chinese 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 China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or China-wide entity)
that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
Commerce has made a preliminary affirmative determination for an export
subsidy adjustment. However, Commerce has not made a preliminary
affirmative determination for a domestic subsidy pass-through
adjustment in this investigation. Commerce has offset the estimated
weighted-average dumping margin by the appropriate rate. Any such
adjusted rates may be found in the chart of estimated weighted-average
dumping margins in the ``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for
export subsidies at the time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). However, because Commerce
preliminarily determined that the mandatory respondents should be
considered to be part of the China-wide entity and assigned the China-
wide entity an AFA rate based solely on the petition, there are no
calculations to disclose.
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines in accordance with section 776(b) of the Act that each of
the mandatory respondents to have been uncooperative, verification will
not be conducted.
Public Comment
Case briefs or other written comments may be submitted to
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) no later than 30 days
after the date of publication of the preliminary determination, unless
the Secretary alters the time limit. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case
[[Page 79470]]
briefs.\10\ Parties who submit case briefs or rebuttal briefs in this
investigation 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.\11\
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Parties must file their case and rebuttal briefs, and any requests
for a hearing, electronically using Commerce's electronic records
system, ACCESS.\12\ Electronically filed documents must be received
successfully in their entirety by 5:00 p.m. Eastern Time,\13\ on the
due dates established above. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\14\
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\12\ See 19 CFR 351.303(b)(2)(i).
\13\ See 19 CFR 351.303(b)(1).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation consists of twist
ties, which are thin, bendable ties for closing containers, such as
bags, bundle items, or identifying objects. A twist tie in most
circumstances is comprised of one or more metal wires encased in a
covering material, which allows the tie to retain its shape and bind
against itself. However, it is possible to make a twist tie with
plastic and no metal wires. The metal wire that is generally used in
a twist tie is stainless or galvanized steel and typically measures
between the gauges of 19 (.0410'' diameter) and 31 (.0132'')
(American Standard Wire Gauge). A twist tie usually has a width
between .075'' and 1'' in the cross-machine direction (width of the
tie--measurement perpendicular with the wire); a thickness between
.015'' and .045'' over the wire; and a thickness between .002'' and
.020'' in areas without wire. The scope includes an all-plastic
twist tie containing a plastic core as well as a plastic covering
(the wing) over the core, just like paper and/or plastic in a metal
tie. An all-plastic twist tie (without metal wire) would be of the
same measurements as a twist tie containing one or more metal wires.
Twist ties are commonly available individually in pre-cut lengths
(``singles''), wound in large spools to be cut later by machine or
hand, or in perforated sheets of spooled or single twist ties that
are later slit by machine or by hand (``gangs'').
The covering material of a twist tie may be paper (metallic or
plain), or plastic, and can be dyed in a variety of colors with or
without printing. A twist tie may have the same covering material on
both sides or one side of paper and one side of plastic. When
comprised of two sides of paper, the paper material is bound
together with an adhesive or plastic. A twist tie may also have a
tag or label attached to it or a pre-applied adhesive attached to
it.
Excluded from the scope of the order are twist ties packaged
with bags for sale together where the quantity of twist ties does
not exceed twice the number of bags in each package. Also excluded
are twists ties that constitute part of the packaging of the
imported product, for example, merchandise anchored/secured to a
backing with twist ties in the retail package or a bag of bread that
is closed with a twist tie.
Twist ties are imported into the United States under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
8309.90.0000 and 5609.00.3000. Subject merchandise may also enter
under HTSUS subheadings 3920.51.5000, 3923.90.0080, 3926.90.9990,
4811.59.6000, 4821.10.2000, 4821.10.4000, 4821.90.2000,
4821.90.4000, and 4823.90.8600. These HTSUS subheadings are provided
for reference only. The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Verification
X. ITC Notification
XI. Recommendation
[FR Doc. 2020-27134 Filed 12-9-20; 8:45 am]
BILLING CODE 3510-DS-P
