Twist Ties From the People's Republic of China: Antidumping and Countervailing Duty Orders, 19602-19605 [2021-07630]
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19602
Notices
Federal Register
Vol. 86, No. 70
Wednesday, April 14, 2021
This section of the FEDERAL REGISTER
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[FR Doc. 2021–07680 Filed 4–12–21; 4:15 pm]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
CIVIL RIGHTS COMMISSION
Notice of Public Meeting of the
Pennsylvania Advisory Committee to
the U.S. Commission on Civil Rights
Sunshine Act Meeting Notice
AGENCY:
United States Commission on
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ACTION: Notice of Commission public
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Meeting Agenda
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Dated: April 9, 2021.
Angelia Rorison,
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David Mussatt,
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[FR Doc. 2021–07584 Filed 4–13–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–131, C–570–132]
Twist Ties From the People’s Republic
of China: Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on twist ties from the People’s
Republic of China (China).
DATES: Applicable April 14, 2021.
AGENCY:
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Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices
Alex
Wood (AD) or Ajay Menon (CVD), 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 or (202) 482–1993,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on February 22,
2021, Commerce published its
affirmative final determination of sales
at less-than-fair-value (LTFV) 1 and its
affirmative final determination that
countervailable subsidies are being
provided to producers and exporters of
twist ties from China.2 On April 8, 2021,
the ITC notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of twist
ties from China, within the meaning of
sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.3
Scope of the Orders
The products covered by these orders
are twist ties from China. For a complete
description of the scope of the orders,
see Appendix to this notice.
AD Order
On April 8, 2021, in accordance with
section 735(d) of the Act, the ITC
notified Commerce of its final
determinations that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of twist ties from China.4
Therefore, Commerce is issuing this AD
order in accordance with sections
735(c)(2) and 736 of the Act. Because
the ITC determined that imports of twist
ties from China are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from China entered,
or withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of twist ties from China.
Antidumping duties will be assessed on
unliquidated entries of twist ties from
China entered, or withdrawn from
warehouse, for consumption on or after
December 10, 2020, the date of
publication of the LTFV Preliminary
Determination, but will not be assessed
on entries occurring after the expiration
of the provisional measures period and
Exporter
before publication of the ITC’s final
affirmative injury determinations, as
further described below.5
Continuation of Suspension of
Liquidation—AD
In accordance with section 736 of the
Act, we will instruct CBP to continue to
suspend liquidation on all relevant
entries of twist ties from China entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. These instructions suspending
liquidation will remain in effect until
further notice. For each producer and
exporter combination, Commerce will
also instruct CBP to require cash
deposits for estimated antidumping
duties equal to the cash deposit rates
listed below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as an importer of
record would normally deposit
estimated duties on the subject
merchandise, a cash deposit for each
entry of subject merchandise equal to
the cash deposit rates listed below.6 As
stated in the LTFV Final Determination,
Commerce made certain adjustments for
export subsidies from the CVD Final
Determination to the estimated
weighted-average dumping margin to
determine each of the cash deposit rates.
Producer
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
72.96
62.42
72.96
72.96
62.42
62.42
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Rongfa Plastic Products Co., Ltd. (also known as Rongfa Plastic Products Co., Ltd. (also known as
Zhenjiang Rongfa Plastic Co., Ltd).
Zhenjiang Rongfa Plastic Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd ............ Tianjin Kyoei Packaging Supplies Co., Ltd ............
China-Wide Entity 7 ...............................................................................................................................
Provisional Measures—AD
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except that Commerce may
extend the four-month period to no
more than six months at the request of
exporters representing a significant
proportion of exports of the subject
merchandise. Commerce published its
LTFV Preliminary Determination on
December 10, 2020.8 Commerce’s LTFV
Final Determination published on
February 22, 2021.9 Therefore, the fourmonth period beginning on the date of
publication of the LTFV Preliminary
Determination ended on April 8, 2021.
Therefore, in accordance with section
733(d) of the Act, Commerce will
instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of twist ties from China entered,
or withdrawn from warehouse, for
consumption after April 8, 2021, the
date on which the provisional measures
expired, through the day preceding the
date of publication of the ITC’s final
affirmative injury determinations in the
Federal Register. Suspension of
liquidation will resume on the date of
1 See Twist Ties from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 10536 (February 22,
2021) (LTFV Final Determination).
2 See Twist Ties from the People’s Republic of
China: Final Affirmative Countervailing Duty
Determination, 86 FR 10542 (February 22, 2021)
(CVD Final Determination).
3 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated April 8, 2021 (ITC
Notification).
4 Id.
5 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) (LTFV Preliminary
Determination).
6 See section 736(a)(3) of the Act.
7 The China-wide entity includes Zhenjiang
Hongda Commodity Co., Ltd. and Zhenjiang
Zhonglian I/E Co., Ltd.
8 See LTFV Preliminary Determination.
9 See LTFV Final Determination.
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Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices
publication of the ITC’s final affirmative
injury determinations in the Federal
Register.
CVD Order
On April 8, 2021, in accordance with
section 705(d) of the Act, the ITC
notified Commerce of its final
determinations that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
imports of twist ties from China.10
Therefore, Commerce is issuing this
CVD order in accordance with sections
705(c)(2) and 706 of the Act. Because
the ITC determined that imports of twist
ties from China are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from China entered,
or withdrawn from warehouse, for
consumption are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a)(1) of the Act, Commerce will
direct CBP to assess, upon further
instruction by Commerce,
countervailing duties on all relevant
entries of twist ties from China.
Countervailing duties will be assessed
on unliquidated entries of twist ties
from China which are entered, or
withdrawn from warehouse, for
consumption on or after December 1,
2020, the date of publication of the CVD
Preliminary Determination,11 but will
not be assessed on entries occurring
after the expiration of the provisional
measures period and before publication
of the ITC’s final affirmative injury
determinations, as further described
below.
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Suspension of Liquidation—CVD
In accordance with section 706 of the
Act, we will instruct CBP to reinstitute
suspension of liquidation on all relevant
entries of twist ties from China, effective
on the date of publication of the ITC’s
final affirmative injury determinations
in the Federal Register, and to assess,
upon further instruction by Commerce,
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rate for the subject
merchandise. These instructions
suspending liquidation will remain in
effect until further notice. Commerce
will also instruct CBP to require cash
deposits equal to the amounts as
10 See
ITC Notification.
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)
(CVD Preliminary Determination).
11 See
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indicated below. Accordingly, effective
on the date of publication of the ITC’s
final affirmative injury determinations,
CBP will require, at the same time as
importers would normally deposit
estimated duties on the subject
merchandise, a cash deposit for each
entry of subject merchandise equal to
the subsidy rates listed below.12 The allothers rate applies to all producers or
exporters not specifically listed below,
as appropriate.
Subsidy rate
(percent)
Company
Dongguan Guanqiao Industrial Co.,
Ltd ................................................
Foshan Shunde Ronggui Yingli Industrial Co., Ltd ...........................
Yiwu Kurui Handicraft Co. Ltd .........
Zhenjiang Hongda Commodity Co.
Ltd ................................................
Zhenjiang Zhonglian VE Co., Ltd ....
All Others ........................................
111.96
111.96
111.96
111.96
111.96
111.96
Provisional Measures—CVD
Section 703(d) of the Act states that
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary determination may not
remain in effect for more than four
months. Commerce published its CVD
Preliminary Determination on December
1, 2020. Therefore, the provisional
measures period, beginning on the date
of publication of the CVD Preliminary
Determination, ended on March 30,
2021. Pursuant to section 707(b) of the
Act, the collection of cash deposits at
the rate listed above will begin on the
date of publication of the ITC’s final
affirmative injury determinations.
Therefore, in accordance with section
703(d) of the Act, Commerce instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to countervailing duties,
unliquidated entries of twist ties from
China entered, or withdrawn from
warehouse, for consumption after March
30, 2021, the date on which the
provisional measures expired, through
the day preceding the date of
publication of the ITC’s final injury
determinations in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final affirmative injury determinations
in the Federal Register.
Notifications to Interested Parties
This notice constitutes the AD and
CVD orders with respect to twist ties
from China pursuant to sections 706(a)
and 736(a) of the Act. Interested parties
can find a list of orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
12 See
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Frm 00003
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These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: April 8, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders
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 orders 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
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subheadings are provided for reference only.
The written description of the scope of the
orders is dispositive.
[FR Doc. 2021–07630 Filed 4–13–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–825]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Final Results
and Partial Rescission of
Countervailing Duty Administrative
Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Ozdemir
Boru Profil San. Ve Tic. Ltd. Sti.
(Ozdemir), exporter/producer of heavy
walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes)
from the Republic of Turkey (Turkey),
received de minimis net countervailable
subsidies during the period of review,
January 1, 2018, through December 31,
2018. Commerce is also rescinding this
review with regard to eight companies
for which timely requests for
withdrawal of the request for review
were filed by Independence Tube
Corporation and Southland Tube, both
Nucor Pipe Mills companies
(collectively, the petitioners).
DATES: Applicable April 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or Janae Martin, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–0238,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On September 3, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
order on HWR pipes and tubes from
Turkey for the period of January 1, 2018,
through December 31, 2018.1 On
September 30, 2019, Commerce received
timely requests for an administrative
review from the petitioners and
Ozdemir, in accordance with section
751(a) of the Tariff Act of 1930, as
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 45949
(September 3, 2019).
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17:22 Apr 13, 2021
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amended (the Act), and 19 CFR
351.213(b).2 Commerce received no
other requests for administrative review.
On November 12, 2019, pursuant to
these requests, and in accordance with
19 CFR 351.221(c)(1)(i), Commerce
published a notice in the Federal
Register initiating an administrative
review of the CVD order on HWR pipes
and tubes from Turkey.3 On February
10, 2020, the petitioners timely
withdrew their request for an
administrative review with respect to
Agir Haddecilik A.S., Cag Celik Demir
ve Celik Endustri A.S., Cinar Boru Profil
San Ve Tic. A.S., Mescier Dis Ticaret
Ltd. Sti., MTS Lojistik ve Tasimacilik
Hizmetleri TIC A.C. Istanbul, Noksel
Celik Boru Sanayi A, SEBA Dis Ticaret
AS., and Tosyali Toyo Celik A.S.4 As a
result, the only company for which the
request for review was not withdrawn
was Ozdemir.
On January 27, 2021, Commerce
published the Preliminary Results of the
administrative review with respect to
Ozdemir.5 Commerce gave interested
parties an opportunity to comment on
the Preliminary Results.6 No interested
parties submitted comments. Commerce
has conducted this review in
accordance with section 751(a)(1)(A) of
the Act.
Scope of the Order
The products covered by the order are
shipments of certain heavy walled
rectangular welded steel pipes and
tubes of rectangular (including square)
cross section, having a nominal wall
thickness of not less than 4 mm. The
merchandise includes, but is not limited
to, the American Society for Testing and
Materials (ASTM) A–500, grade B
specifications, or comparable domestic
or foreign specifications.
Included products are those in which:
(1) Iron predominates, by weight, over
each of the other contained elements; (2)
2 See Ozdemir’s Letter, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Turkey: Review Request for
Ozdemir Boru Profil San. Ve Tic. Ltd. Sti.,’’ dated
September 30, 2019; see also Petitioners’ Letter,
‘‘Heavy-Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey:
Request for Administrative Review,’’ dated
September 30, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019).
4 See Petitioners’ Letter, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Turkey: Partial Withdrawal of Request for
Administrative Review,’’ dated February 10, 2020.
5 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey:
Preliminary Results of Countervailing Duty
Administrative Review; 2018, 86 FR 7251 (January
27, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
6 See Preliminary Results, 86 FR at 7252.
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19605
the carbon content is 2 percent or less,
by weight; and (3) none of the elements
below exceed the quantity, by weight,
respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may also enter under
HTSUS 7306.61.3000. While the HTSUS
subheadings and ASTM specification
are provided for convenience and
customs purposes, the written
description of the scope of this order is
dispositive.
Changes Since the Preliminary Results
As no parties submitted comments on
the Preliminary Results, we made no
changes to the subsidy calculations for
Ozdemir in the final results of this
review.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested a review
withdraws the request within 90 days of
the publication date of the notice of
initiation of the requested review. The
petitioners’ withdrawal request was
timely submitted, and no other
interested party requested an
administrative review of the eight
companies named above. Therefore, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this administrative
review of the CVD order on HWR pipes
and tubes from Turkey, in part, with
respect to the aforementioned eight
companies.
Final Results of Administrative Review
In accordance with section 777A(e)(1)
of the Act and 19 CFR 351.221(b)(5), we
determine that the following net
countervailable subsidy rate exists for
Ozdemir for the period January 1, 2018,
through December 31, 2018: 7
7 We have made no changes to this rate since the
Preliminary Results. Therefore, no additional
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Continued
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[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19602-19605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07630]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-131, C-570-132]
Twist Ties From the People's Republic of China: Antidumping and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on twist ties from the People's Republic of China (China).
DATES: Applicable April 14, 2021.
[[Page 19603]]
FOR FURTHER INFORMATION CONTACT: Alex Wood (AD) or Ajay Menon (CVD),
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 or (202)
482-1993, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on February 22, 2021, Commerce published
its affirmative final determination of sales at less-than-fair-value
(LTFV) \1\ and its affirmative final determination that countervailable
subsidies are being provided to producers and exporters of twist ties
from China.\2\ On April 8, 2021, the ITC notified Commerce of its final
affirmative determinations that an industry in the United States is
materially injured by reason of LTFV imports and subsidized imports of
twist ties from China, within the meaning of sections 705(b)(1)(A)(i)
and 735(b)(1)(A)(i) of the Act.\3\
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\1\ See Twist Ties from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
10536 (February 22, 2021) (LTFV Final Determination).
\2\ See Twist Ties from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, 86 FR 10542 (February
22, 2021) (CVD Final Determination).
\3\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated April 8, 2021 (ITC Notification).
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Scope of the Orders
The products covered by these orders are twist ties from China. For
a complete description of the scope of the orders, see Appendix to this
notice.
AD Order
On April 8, 2021, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determinations that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of twist ties from
China.\4\ Therefore, Commerce is issuing this AD order in accordance
with sections 735(c)(2) and 736 of the Act. Because the ITC determined
that imports of twist ties from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered,
or withdrawn from warehouse, for consumption are subject to the
assessment of antidumping duties.
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\4\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise for all
relevant entries of twist ties from China. Antidumping duties will be
assessed on unliquidated entries of twist ties from China entered, or
withdrawn from warehouse, for consumption on or after December 10,
2020, the date of publication of the LTFV Preliminary Determination,
but will not be assessed on entries occurring after the expiration of
the provisional measures period and before publication of the ITC's
final affirmative injury determinations, as further described below.\5\
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\5\ 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) (LTFV Preliminary
Determination).
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Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
continue to suspend liquidation on all relevant entries of twist ties
from China entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. These instructions suspending
liquidation will remain in effect until further notice. For each
producer and exporter combination, Commerce will also instruct CBP to
require cash deposits for estimated antidumping duties equal to the
cash deposit rates listed below.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determinations, CBP will require, at the same
time as an importer of record would normally deposit estimated duties
on the subject merchandise, a cash deposit for each entry of subject
merchandise equal to the cash deposit rates listed below.\6\ As stated
in the LTFV Final Determination, Commerce made certain adjustments for
export subsidies from the CVD Final Determination to the estimated
weighted-average dumping margin to determine each of the cash deposit
rates.
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\6\ See section 736(a)(3) of the Act.
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Estimated Cash deposit rate
weighted-average (adjusted for
Exporter Producer dumping margin subsidy offsets)
(percent) (percent)
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Rongfa Plastic Products Co., Ltd. (also Rongfa Plastic Products Co., 72.96 62.42
known as Zhenjiang Rongfa Plastic Co., Ltd. (also known as
Ltd). Zhenjiang Rongfa Plastic
Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd.. Tianjin Kyoei Packaging 72.96 62.42
Supplies Co., Ltd.
China-Wide Entity \7\................................................. 72.96 62.42
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Provisional Measures--AD
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\7\ The China-wide entity includes Zhenjiang Hongda Commodity
Co., Ltd. and Zhenjiang Zhonglian I/E Co., Ltd.
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Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. Commerce published its LTFV Preliminary
Determination on December 10, 2020.\8\ Commerce's LTFV Final
Determination published on February 22, 2021.\9\ Therefore, the four-
month period beginning on the date of publication of the LTFV
Preliminary Determination ended on April 8, 2021.
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\8\ See LTFV Preliminary Determination.
\9\ See LTFV Final Determination.
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Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of twist ties from China entered, or withdrawn from warehouse, for
consumption after April 8, 2021, the date on which the provisional
measures expired, through the day preceding the date of publication of
the ITC's final affirmative injury determinations in the Federal
Register. Suspension of liquidation will resume on the date of
[[Page 19604]]
publication of the ITC's final affirmative injury determinations in the
Federal Register.
CVD Order
On April 8, 2021, in accordance with section 705(d) of the Act, the
ITC notified Commerce of its final determinations that an industry in
the United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of imports of twist ties from
China.\10\ Therefore, Commerce is issuing this CVD order in accordance
with sections 705(c)(2) and 706 of the Act. Because the ITC determined
that imports of twist ties from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered,
or withdrawn from warehouse, for consumption are subject to the
assessment of countervailing duties.
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\10\ See ITC Notification.
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Therefore, in accordance with section 706(a)(1) of the Act,
Commerce will direct CBP to assess, upon further instruction by
Commerce, countervailing duties on all relevant entries of twist ties
from China. Countervailing duties will be assessed on unliquidated
entries of twist ties from China which are entered, or withdrawn from
warehouse, for consumption on or after December 1, 2020, the date of
publication of the CVD Preliminary Determination,\11\ but will not be
assessed on entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determinations, as further described below.
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\11\ See 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) (CVD Preliminary
Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation on all relevant entries of twist
ties from China, effective on the date of publication of the ITC's
final affirmative injury determinations in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rate for the subject merchandise. These instructions suspending
liquidation will remain in effect until further notice. Commerce will
also instruct CBP to require cash deposits equal to the amounts as
indicated below. Accordingly, effective on the date of publication of
the ITC's final affirmative injury determinations, CBP will require, at
the same time as importers would normally deposit estimated duties on
the subject merchandise, a cash deposit for each entry of subject
merchandise equal to the subsidy rates listed below.\12\ The all-others
rate applies to all producers or exporters not specifically listed
below, as appropriate.
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\12\ See section 706(a)(3) of the Act.
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Subsidy rate
Company (percent)
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Dongguan Guanqiao Industrial Co., Ltd................... 111.96
Foshan Shunde Ronggui Yingli Industrial Co., Ltd........ 111.96
Yiwu Kurui Handicraft Co. Ltd........................... 111.96
Zhenjiang Hongda Commodity Co. Ltd...................... 111.96
Zhenjiang Zhonglian VE Co., Ltd......................... 111.96
All Others.............................................. 111.96
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Provisional Measures--CVD
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its CVD Preliminary Determination on December 1,
2020. Therefore, the provisional measures period, beginning on the date
of publication of the CVD Preliminary Determination, ended on March 30,
2021. Pursuant to section 707(b) of the Act, the collection of cash
deposits at the rate listed above will begin on the date of publication
of the ITC's final affirmative injury determinations.
Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of twist ties from China entered, or withdrawn from warehouse,
for consumption after March 30, 2021, the date on which the provisional
measures expired, through the day preceding the date of publication of
the ITC's final injury determinations in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC's final affirmative injury determinations in the Federal Register.
Notifications to Interested Parties
This notice constitutes the AD and CVD orders with respect to twist
ties from China pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find a list of orders currently in effect at
https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: April 8, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 orders 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
[[Page 19605]]
subheadings are provided for reference only. The written description
of the scope of the orders is dispositive.
[FR Doc. 2021-07630 Filed 4-13-21; 8:45 am]
BILLING CODE 3510-DS-P
