Twist Ties From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 10536-10539 [2021-03513]
Download as PDF
<![CDATA[
10536
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(a),
which requires the Secretary of
Commerce to publish a summary of the
application in the Federal Register,
identifying the applicant and each
member and summarizing the proposed
export conduct.
Certificate within the meaning of
section 325.2(l) of the Regulations (15
CFR 325.2(l)):
DEPARTMENT OF COMMERCE
a. Pecan Export Trade Council, Atlanta,
Georgia
b. The Kellen Company, Atlanta,
Georgia
[A–570–131]
Request for Public Comments
3. Change the name of the following
Member of the Certificate:
Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
Written comments should be sent to
ETCA@trade.gov. An original and five
(5) copies, plus two (2) copies of the
nonconfidential version, should also be
submitted no later than 20 days after the
date of this notice to: Office of Trade
and Economic Analysis, International
Trade Administration, U.S. Department
of Commerce, Room 21028, Washington,
DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 19–1A001.’’
A summary of the application and
addendum follows.
tkelley on DSKBCP9HB2PROD with NOTICES
Summary of the Application
Applicant: National Pecan Shellers
Association, 3200 Windy Hill Rd. SE,
Suite 600W, Atlanta, GA 30339.
Contact: Russell A. Lemieux, Senior
Vice President of The Kellen Company,
Telephone: (678) 303–3041.
Application No.: 19–1A001.
Date Deemed Submitted: February 8,
2021.
Summary: National Pecan Shellers
Association seeks to amend its
Certificate as follows:
1. Add the following entities as new
exporting Members of the Certificate
within the meaning of section 325.2(l) of
the Regulations (15 CFR 325.2(l)):
a. Easterlin Pecan Co, Montezuma,
Georgia
b. La Nogalera USA Inc., El Paso, Texas
2. Add the following entities as new
non-exporting Members of the
VerDate Sep<11>2014
19:48 Feb 19, 2021
Jkt 253001
a. San Saba Pecan, LP changes to Chase
Pecan, LP
4. Correct the name of the following
Member of the Certificate:
a. Diamond Food, LLC changes to
Diamond Foods, LLC
Summary of the Addendum
On November 12, 2019, the Notice of
Issuance of an Export Trade Certificate
of Review to National Pecan Shellers
Association was published to the
Federal Register (84 FR 61019). That
notice referenced, but did not include,
Attachment A for the list of Members
protected by the Certificate. Attachment
A is provided below.
Attachment A
Members (within the meaning of
section 325.2(l) of the Regulations):
• Arnco, Inc. dba Carter Pecan, Panama
City Beach, Florida
• Chase Farms, LLC, Artesia, New
Mexico
• Diamond Food, LLC, Stockton,
California
• Green Valley Company, Sauharita,
Arizona
• Hudson Pecan Co., Inc., Ocilla,
Georgia
• Lamar Pecan Company, Hawkinsville,
Georgia
• Navarro Pecan Company, Corsicana,
Texas
• Pecan Grove Farms, Dallas, Texas
• San Saba Pecan, LP, San Saba, Texas
• South Georgia Pecan Company,
Valdosta, Georgia
Dated: February 17, 2021.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2021–03492 Filed 2–19–21; 8:45 am]
BILLING CODE 3510–DR–P
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
International Trade Administration
Twist Ties From the People’s Republic
of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines 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.
AGENCY:
Applicable February 22, 2021.
Alex
Wood, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1959.
SUPPLEMENTARY INFORMATION:
Background
This final determination is made in
accordance with section 735(a) of the
Tariff Act of 1930, as amended (the Act).
On December 10, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination of
sales at LTFV of twist ties from China.1
On December 10, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination of
sales at LTFV in the antidumping duty
(AD) investigation of twist ties from
China.2 We invited interested parties to
comment on the Preliminary
Determination. On January 11, 2021, we
received a case brief from Tianjin Kyoei
Packaging Supplies Co., Ltd. (Kyoei).3
On January 19, 2021, we received a
rebuttal brief from Bedford Industries,
Inc. (the petitioner).4
DATES:
FOR FURTHER INFORMATION CONTACT:
1 See Twist Ties from the People’s Republic of
China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 85 FR 79468
(December 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Twist Ties from the People’s Republic of
China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 85 FR 79468
(December 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
3 See Kyoei’s Letter, ‘‘Twist Ties from the
People’s Republic of China: Kyoei’s Case Brief,’’
dated January 11, 2021.
4 See Petitioner’s Letter, ‘‘Antidumping Duty
Investigation of Twist Ties from China; Preliminary
Determination—Petitioner’s Rebuttal Case Brief,’’
dated January 19, 2021.
E:\FR\FM\22FEN1.SGM
22FEN1
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
For a complete description of the
events that followed the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, see the
Issues and Decision Memorandum.5 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and 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
During the course of this and the
concurrent countervailing duty (CVD)
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments and invited parties to
comment on this memorandum.6 No
interested party submitted comments on
the Preliminary Scope Decision
Memorandum. Therefore, for this final
determination, the scope of this
investigation remains unchanged from
that published in the Preliminary
Determination.
continuing to find that the use of
adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Act, is
appropriate and are applying a rate
based entirely on AFA to the Chinawide entity. 7 The China-wide entity
includes mandatory respondents
Zhenjiang Hongda Commodity Co., Ltd.
(Zhenjiang Hongda) and Zhenjiang
Zhonglian I/E Co., Ltd. (Zhenjiang
Zhonglian).8 These companies failed to
respond to Commerce’s requests for
information and withdrew from
participation in this investigation. As
these non-responsive companies did not
demonstrate that they are eligible for
separate rate status, Commerce
continues to consider them to be part of
the China-wide entity. Consequently,
we continue to find that the China-wide
entity, which includes these nonresponsive companies, withheld
requested information, significantly
impeded this proceeding, and failed to
cooperate to the best of its ability.
China-Wide Rate
We continue to find that the use of
AFA, pursuant to sections 776(a) and (b)
of the Act, is warranted in determining
the rate for the China-wide entity.9 In
selecting the AFA rate for the Chinawide entity, Commerce’s practice is to
select a rate that is sufficiently adverse
to ensure that the uncooperative party
does not obtain a more favorable result
by failing to cooperate than if it had
fully cooperated.10 Specifically, it is
Commerce’s practice to select, as an
AFA rate, the higher of: (a) the highest
dumping margin alleged in the petition;
or (b) the highest calculated dumping
margin of any respondent in the
investigation.11 There are no
Analysis of Comments Received
All issues raised in the case brief
submitted by Kyoei in this investigation
are addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
at Appendix II.
China-Wide Entity
tkelley on DSKBCP9HB2PROD with NOTICES
For the reasons explained in the
Preliminary Determination, we are
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Twist Ties from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
6 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 Decision Memorandum).
VerDate Sep<11>2014
19:48 Feb 19, 2021
Jkt 253001
7 See
Preliminary Determination PDM at 9–13.
Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Twist Ties from the People’s
Republic of China: Respondent Selection,’’ dated
August 17, 2020; and 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.
9 The China-wide entity includes those
companies who did not submit a separate rate
application, and those companies Commerce
determined were ineligible to receive a separate
rate.
10 See, e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
Cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
Carboxymethyl Cellulose from Finland, 70 FR
28279 (May 17, 2005).
11 See Silicon Metal from Australia: Affirmative
Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of
Critical Circumstances in Part, 83 FR 9839 (March
8 See
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
10537
respondents for which we are
calculating a separate dumping margin
for the final determination. Therefore,
the highest (and only) rate on the record
of the proceeding is the rate found in
the Petition,12 which is the only
information reasonably at Commerce’s
disposal to determine a rate that is
sufficiently adverse to induce
cooperation.13
Thus, as AFA, Commerce assigned to
the China-wide entity the rate of 72.96
percent, which is the sole dumping
margin alleged in the Petition.14
Separate Rates
For the final determination, we
continue to find that the evidence
placed on the record of this
investigation by Kyoei and Rongfa
Plastic Products Co., Ltd. (also known as
Zhenjiang Rongfa Plastic Co., Ltd)
(Rongfa) 15 demonstrates an absence of
de jure and de facto government control.
Accordingly, consistent with the
Preliminary Determination, Commerce
continues to assign Kyoei and Rongfa a
separate rate, which is the petition rate
because it is the only rate available on
the record of this proceeding. For a full
description of the methodology
underlying Commerce’s final
8, 2018), and accompanying Issues and Decision
Memorandum (IDM) at Comment 1.
12 See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties on Twist Ties from China,’’ dated June 26,
2020 (the Petition).
13 See, e.g., Sodium Gluconate, Gluconic Acid,
and Derivative Products from the People’s Republic
of China: Preliminary Determination of Sales at
Less Than Fair Value, 83 FR 31949 (July 10, 2018),
and accompanying PDM, unchanged in Sodium
Gluconate, Gluconic Acid, and Derivative Products
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value, 83 FR 47876 (September 21, 2018), and
accompanying IDM; and Certain Hardwood
Plywood Products from the People’s Republic of
China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, 82 FR 28629 (June 23,
2017), and accompanying PDM at pages 31–32,
revised in Certain Hardwood Plywood Products
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value,
and Final Affirmative Determination of Critical
Circumstances, in Part, 82 FR 53460 (November 16,
2017) (calculating a higher rate than the highest
Petition rate to apply as the AFA rate in the final
determination)).
14 See Petition; and Twist Ties from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, 85 FR 45161 (July 27, 2020)
(Initiation Notice), and accompanying Antidumping
Duty Investigation Initiation Checklist.
15 See Kyoei’s Letter, ‘‘Twist Ties from the
People’s Republic of China: Separate Rate
Application,’’ dated September 2, 2020; and
Rongfa’s Letter, ‘‘Rongfa Separate Rate Application:
Antidumping Duty Investigation of Twist Ties from
the People’s Republic of China (A–570–131),’’ dated
September 2, 2020.
E:\FR\FM\22FEN1.SGM
22FEN1
10538
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
determination, see the Issues and
Decision Memorandum.
Combination Rates
In the Initiation Notice, Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation.16
Policy Bulletin 05.1 describes this
China-wide entity, Commerce did not
calculate producer/exporter
combination rates for those respondents.
Final Determination
Commerce determines that twist ties
from China are being, or are likely to be,
sold in the United States at LTFV, and
that the following dumping margins
exist:
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
Exporter
Producer
Rongfa Plastic Products Co., Ltd. (also known
as Zhenjiang Rongfa Plastic Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd .......
China-wide Entity 18 ..........................................
Rongfa Plastic Products Co., Ltd. (also known
as Zhenjiang Rongfa Plastic Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd. ....
..........................................................................
Disclosure
weighted-average amount by which
normal value exceeds U.S. price as
follows: (1) the cash deposit rate for the
exporter/producer combination listed in
the table above will be the rate
identified for that combination; (2) for
all combinations of producers/exporters
of merchandise under consideration that
have not received their own separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of the merchandise
under consideration which have not
received their own separate rate, the
cash deposit rate will be the cash
deposit rate applicable to the Chinese
exporter/producer combination that
supplied that non-Chinese 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 where appropriate.
Accordingly, because Commerce made a
final affirmative determination for
export subsidies in the companion CVD
investigation, we offset the calculated
estimated weighted-average dumping
margins by the appropriate export
subsidy rates 19 as indicated in the
above chart. These suspension-ofliquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
18 The China-wide Entity includes Zhenjiang
Hongda and Zhenjiang Zhonglian.
19 The export subsidy rate determined in the final
determination of the companion CVD investigation
is 10.54 percent. See Twist Ties from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination (unpublished and dated
concurrently with this memorandum); unchanged
from Twist Ties From the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 85 FR 77167 (December 1, 2020),
and accompanying PDM at 13–14.
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a 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). However, because
Commerce applied AFA to the Chinawide entity (which includes the
companies subject to individual
examination) in this investigation, in
accordance with section 776 of the Act,
and the applied AFA rate, as well as the
separate rate, are based solely on the
Petition, there are no calculations to
disclose.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of twist ties
from China, as described in Appendix I
of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after December 10,
2020, the date of publication in the
Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
tkelley on DSKBCP9HB2PROD with NOTICES
practice.17 Accordingly, we have
assigned combination rates to certain
companies, as provided in the ‘‘Final
Determination’’ section below. Because
Commerce determined that the
mandatory respondents originally
selected are not eligible for separate rate
status and, thus, should be considered
part of the China-wide entity and
assigned, as AFA, the petition rate to the
16 See
Initiation Notice, 85 FR at 45164.
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 at https://
enforcement.trade.gov/policy/bull05-1.pdf.
17 See
VerDate Sep<11>2014
20:32 Feb 19, 2021
Jkt 253001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
72.96
62.42
72.96
72.96
62.42
62.42
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 twist ties from China, 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 twist ties from China 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 final
reminder to the parties subject to
administrative protective order (APO) of
their responsibility concerning the
E:\FR\FM\22FEN1.SGM
22FEN1
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
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 pursuant to sections 735(d)
and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
Dated: February 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
tkelley on DSKBCP9HB2PROD with NOTICES
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
investigation 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
VerDate Sep<11>2014
19:48 Feb 19, 2021
Jkt 253001
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.
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Comment 1: Determining the Separate Rate
Comment 2: Respondent Selection
V. Recommendation
[FR Doc. 2021–03513 Filed 2–19–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, Final
Determination of No Shipments, and
Final Rescission of Administrative
Review, in Part; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that Carbon
Activated Tianjin Co., Ltd. (Carbon
Activated) and Datong Juqiang
Activated Carbon Co., Ltd. (Datong
Juqiang) sold certain activated carbon
from the People’s Republic of China
(China) at less than normal value during
the period of review (POR) April 1,
2018, through March 31, 2019.
SUMMARY:
DATES:
Applicable February 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn or George Ayache, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0339 or (202) 482–2623,
respectively.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
10539
Background
Commerce published the Preliminary
Results 1 on April 30, 2020. For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2 On April 24 and July
21, 2020, Commerce tolled all deadlines
in administrative reviews by 50 and an
additional 60 days, respectively.3 On
November 25, 2020, Commerce
extended the deadline of the final
results this administrative review by 58
days.4 The deadline for the final results
of this review is now February 12, 2021.
Scope of the Order 5
The merchandise subject to the Order
is certain activated carbon. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3802.1000. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the Order
remains dispositive.
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in the interested parties’ case and
rebuttal briefs. In Appendix I to this
notice, we provided a list of the issues
raised by the parties. 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://
1 See Certain Activated Carbon from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Intent to
Rescind the Review, in Part, and Preliminary
Determination of No Shipments; 2018–2019, 85 FR
23947 (April 30, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Twelfth Antidumping Duty Administrative
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 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; see also Memorandum, ‘‘Tolling of Deadlines
for Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Extension of
Deadline for Final Results of Twelfth Antidumping
Duty Administrative Review,’’ dated November 25,
2020.
5 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order). For
a complete description of the scope of the Order,
see the Issues and Decision Memorandum.
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Notices]
[Pages 10536-10539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03513]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-131]
Twist Ties From the People's Republic of China: Final Affirmative
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 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.
DATES: Applicable February 22, 2021.
FOR FURTHER INFORMATION CONTACT: Alex Wood, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1959.
SUPPLEMENTARY INFORMATION: Background
This final determination is made in accordance with section 735(a)
of the Tariff Act of 1930, as amended (the Act). On December 10, 2020,
Commerce published in the Federal Register its preliminary affirmative
determination of sales at LTFV of twist ties from China.\1\ On December
10, 2020, Commerce published in the Federal Register its preliminary
affirmative determination of sales at LTFV in the antidumping duty (AD)
investigation of twist ties from China.\2\ We invited interested
parties to comment on the Preliminary Determination. On January 11,
2021, we received a case brief from Tianjin Kyoei Packaging Supplies
Co., Ltd. (Kyoei).\3\ On January 19, 2021, we received a rebuttal brief
from Bedford Industries, Inc. (the petitioner).\4\
---------------------------------------------------------------------------
\1\ See Twist Ties from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 85 FR 79468 (December 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Twist Ties from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 85 FR 79468 (December 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\3\ See Kyoei's Letter, ``Twist Ties from the People's Republic
of China: Kyoei's Case Brief,'' dated January 11, 2021.
\4\ See Petitioner's Letter, ``Antidumping Duty Investigation of
Twist Ties from China; Preliminary Determination--Petitioner's
Rebuttal Case Brief,'' dated January 19, 2021.
---------------------------------------------------------------------------
[[Page 10537]]
For a complete description of the events that followed the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, see the Issues and
Decision Memorandum.\5\ 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. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Twist Ties from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
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
During the course of this and the concurrent countervailing duty
(CVD) investigation, Commerce received scope comments from interested
parties. Commerce issued a Preliminary Scope Decision Memorandum to
address these comments and invited parties to comment on this
memorandum.\6\ No interested party submitted comments on the
Preliminary Scope Decision Memorandum. Therefore, for this final
determination, the scope of this investigation remains unchanged from
that published in the Preliminary Determination.
---------------------------------------------------------------------------
\6\ 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
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case brief submitted by Kyoei in this
investigation are addressed in the Issues and Decision Memorandum. A
list of the issues addressed in the Issues and Decision Memorandum is
attached to this notice at Appendix II.
China-Wide Entity
For the reasons explained in the Preliminary Determination, we are
continuing to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act, is appropriate and are
applying a rate based entirely on AFA to the China-wide entity. \7\ The
China-wide entity includes mandatory respondents Zhenjiang Hongda
Commodity Co., Ltd. (Zhenjiang Hongda) and Zhenjiang Zhonglian I/E Co.,
Ltd. (Zhenjiang Zhonglian).\8\ These companies failed to respond to
Commerce's requests for information and withdrew from participation in
this investigation. As these non-responsive companies did not
demonstrate that they are eligible for separate rate status, Commerce
continues to consider them to be part of the China-wide entity.
Consequently, we continue to find that the China-wide entity, which
includes these non-responsive companies, withheld requested
information, significantly impeded this proceeding, and failed to
cooperate to the best of its ability.
---------------------------------------------------------------------------
\7\ See Preliminary Determination PDM at 9-13.
\8\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Twist Ties from the People's Republic of China: Respondent
Selection,'' dated August 17, 2020; and 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.
---------------------------------------------------------------------------
China-Wide Rate
We continue to find that the use of AFA, pursuant to sections
776(a) and (b) of the Act, is warranted in determining the rate for the
China-wide entity.\9\ In selecting the AFA rate for the China-wide
entity, Commerce's practice is to select a rate that is sufficiently
adverse to ensure that the uncooperative party does not obtain a more
favorable result by failing to cooperate than if it had fully
cooperated.\10\ Specifically, it is Commerce's practice to select, as
an AFA rate, the higher of: (a) the highest dumping margin alleged in
the petition; or (b) the highest calculated dumping margin of any
respondent in the investigation.\11\ There are no respondents for which
we are calculating a separate dumping margin for the final
determination. Therefore, the highest (and only) rate on the record of
the proceeding is the rate found in the Petition,\12\ which is the only
information reasonably at Commerce's disposal to determine a rate that
is sufficiently adverse to induce cooperation.\13\
---------------------------------------------------------------------------
\9\ The China-wide entity includes those companies who did not
submit a separate rate application, and those companies Commerce
determined were ineligible to receive a separate rate.
\10\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland,
70 FR 28279 (May 17, 2005).
\11\ See Silicon Metal from Australia: Affirmative Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances in Part, 83 FR 9839 (March
8, 2018), and accompanying Issues and Decision Memorandum (IDM) at
Comment 1.
\12\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Twist Ties from China,''
dated June 26, 2020 (the Petition).
\13\ See, e.g., Sodium Gluconate, Gluconic Acid, and Derivative
Products from the People's Republic of China: Preliminary
Determination of Sales at Less Than Fair Value, 83 FR 31949 (July
10, 2018), and accompanying PDM, unchanged in Sodium Gluconate,
Gluconic Acid, and Derivative Products from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value, 83 FR 47876 (September 21, 2018), and accompanying IDM; and
Certain Hardwood Plywood Products from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, 82 FR 28629 (June 23, 2017), and
accompanying PDM at pages 31-32, revised in Certain Hardwood Plywood
Products from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value, and Final Affirmative Determination
of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017)
(calculating a higher rate than the highest Petition rate to apply
as the AFA rate in the final determination)).
---------------------------------------------------------------------------
Thus, as AFA, Commerce assigned to the China-wide entity the rate
of 72.96 percent, which is the sole dumping margin alleged in the
Petition.\14\
---------------------------------------------------------------------------
\14\ See Petition; and Twist Ties from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 85 FR 45161
(July 27, 2020) (Initiation Notice), and accompanying Antidumping
Duty Investigation Initiation Checklist.
---------------------------------------------------------------------------
Separate Rates
For the final determination, we continue to find that the evidence
placed on the record of this investigation by Kyoei and Rongfa Plastic
Products Co., Ltd. (also known as Zhenjiang Rongfa Plastic Co., Ltd)
(Rongfa) \15\ demonstrates an absence of de jure and de facto
government control. Accordingly, consistent with the Preliminary
Determination, Commerce continues to assign Kyoei and Rongfa a separate
rate, which is the petition rate because it is the only rate available
on the record of this proceeding. For a full description of the
methodology underlying Commerce's final
[[Page 10538]]
determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\15\ See Kyoei's Letter, ``Twist Ties from the People's Republic
of China: Separate Rate Application,'' dated September 2, 2020; and
Rongfa's Letter, ``Rongfa Separate Rate Application: Antidumping
Duty Investigation of Twist Ties from the People's Republic of China
(A-570-131),'' dated September 2, 2020.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
producer/exporter combination rates for the respondents that are
eligible for a separate rate in this investigation.\16\ Policy Bulletin
05.1 describes this practice.\17\ Accordingly, we have assigned
combination rates to certain companies, as provided in the ``Final
Determination'' section below. Because Commerce determined that the
mandatory respondents originally selected are not eligible for separate
rate status and, thus, should be considered part of the China-wide
entity and assigned, as AFA, the petition rate to the China-wide
entity, Commerce did not calculate producer/exporter combination rates
for those respondents.
---------------------------------------------------------------------------
\16\ See Initiation Notice, 85 FR at 45164.
\17\ 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 at
https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
Commerce determines that twist ties from China are being, or are
likely to be, sold in the United States at LTFV, and that the following
dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Exporter Producer average dumping subsidy offsets)
margin (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Rongfa Plastic Products Co., Ltd. Rongfa Plastic Products Co., 72.96 62.42
(also known as Zhenjiang Rongfa Ltd. (also known as
Plastic Co., Ltd). Zhenjiang Rongfa Plastic
Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Tianjin Kyoei Packaging 72.96 62.42
Ltd. Supplies Co., Ltd..
China-wide Entity \18\............... ............................. 72.96 62.42
----------------------------------------------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\18\ The China-wide Entity includes Zhenjiang Hongda and
Zhenjiang Zhonglian.
---------------------------------------------------------------------------
Normally, Commerce discloses to interested parties the calculations
performed in connection with a 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). However, because Commerce applied AFA to the China-wide
entity (which includes the companies subject to individual examination)
in this investigation, in accordance with section 776 of the Act, and
the applied AFA rate, as well as the separate rate, are based solely on
the Petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of all entries of twist ties from China, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after December 10, 2020, the date of
publication in the Federal Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which normal value
exceeds U.S. price as follows: (1) the cash deposit rate for the
exporter/producer combination listed in the table above will be the
rate identified for that combination; (2) for all combinations of
producers/exporters of merchandise under consideration that have not
received their own separate rate, the cash deposit rate will be the
cash deposit rate established for the China-wide entity; and (3) for
all non-Chinese exporters of the merchandise under consideration which
have not received their own separate rate, the cash deposit rate will
be the cash deposit rate applicable to the Chinese exporter/producer
combination that supplied that non-Chinese 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 where appropriate. Accordingly, because Commerce made a
final affirmative determination for export subsidies in the companion
CVD investigation, we offset the calculated estimated weighted-average
dumping margins by the appropriate export subsidy rates \19\ as
indicated in the above chart. These suspension-of-liquidation
instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\19\ The export subsidy rate determined in the final
determination of the companion CVD investigation is 10.54 percent.
See Twist Ties from the People's Republic of China: Final
Affirmative Countervailing Duty Determination (unpublished and dated
concurrently with this memorandum); unchanged from Twist Ties From
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 85 FR 77167
(December 1, 2020), and accompanying PDM at 13-14.
---------------------------------------------------------------------------
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 twist ties from China, 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 twist ties from China 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 final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the
[[Page 10539]]
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 pursuant to sections
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: February 16, 2021.
Christian Marsh,
Acting 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 investigation 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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Comment 1: Determining the Separate Rate
Comment 2: Respondent Selection
V. Recommendation
[FR Doc. 2021-03513 Filed 2-19-21; 8:45 am]
BILLING CODE 3510-DS-P
