Twist Ties From the People's Republic of China: Antidumping and Countervailing Duty Orders, 19602-19605 [2021-07630]

Download as PDF 19602 Notices Federal Register Vol. 86, No. 70 Wednesday, April 14, 2021 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. [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 Civil Rights. ACTION: Notice of Commission public business meeting. AGENCY: Friday, April 16, 2021, 12:00 p.m. EST. ADDRESSES: Meeting to take place by telephone and is open to the public by telephone: 1–866–556–2537, Conference ID #896–5601. Computer assisted realtime transcription (CART) will be provided. The web link to access CART (in English) on Friday, April 16th, 2021, is https://www.streamtext.net/ player?event=USCCR. Please note that CART is text-only translation that occurs in real time during the meeting and is not an exact transcript. FOR FURTHER INFORMATION CONTACT: Angelia Rorison: 202–376–7700; publicaffairs@usccr.gov. SUPPLEMENTARY INFORMATION: DATES: Meeting Agenda jbell on DSKJLSW7X2PROD with NOTICES Dated: April 9, 2021. Angelia Rorison, USCCR Media and Communications Director. I. Motion to Approve Commissioner Norma Cantu´ to Serve as USCCR Chair II. Approval of Agenda III. Business Meeting A. Discussion and Vote on Statement of Walter E. Williams B. Discussion and Vote to continue the Policy of Rebuttals and Surrebuttals C. Discussion and Vote to suspend Speaker Series D. Discussion and Agreement to Appoint Bipartisan Commissioners to EAC E. Discovery and Vote on FEMA Report Discovery Plan F. Management and Operations • Staff Director’s Report IV. Adjourn Meeting VerDate Sep<11>2014 17:22 Apr 13, 2021 Jkt 253001 U.S. Commission on Civil Rights. ACTION: Announcement of meeting. Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Pennsylvania Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a meeting on Monday April 26, 2021 at 10:00 a.m. Eastern time. The Committee will discuss civil rights concerns in the state. DATES: The meeting will take place on Monday April 26, 2021 at 10:00 a.m. Eastern time. ADDRESSES: Online Regisration (Audio/Visual): https://bit.ly/31Yom3G. Telephone (Audio Only): Dial 800– 360–9505 USA Toll Free; Access code: 199 229 3904. FOR FURTHER INFORMATION CONTACT: Melissa Wojnaroski, DFO, at mwojnaroski@usccr.gov or 312–353– 8311. SUMMARY: Members of the public can listen to these discussions. Committee meetings are available to the public through the above call in number. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Individuals who are deaf, deafblind and hard of hearing may also follow the proceedings by first calling the Federal Relay Service at SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 1–800–877–8339 and providing the Service with the conference call number and conference ID number. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Corrine Sanders at csanders@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Pennsylvania Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, http:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda Welcome and Roll Call Civil Rights in Pennsylvania Future Plans and Actions Public Comment Adjournment Dated: April 8, 2021. David Mussatt, Supervisory Chief, Regional Programs Unit. [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: E:\FR\FM\14APN1.SGM 14APN1 19603 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 jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:22 Apr 13, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.SGM 14APN1 19604 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. jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:22 Apr 13, 2021 Jkt 253001 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 http://enforcement.trade.gov/ stats/iastats1.html. 12 See PO 00000 section 706(a)(3) of the Act. Frm 00003 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14APN1.SGM 14APN1 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices 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: jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 17:22 Apr 13, 2021 Jkt 253001 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14APN1.SGM Continued 14APN1

Agencies

[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)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \8\ See LTFV Preliminary Determination.
    \9\ See LTFV Final Determination.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of 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.
---------------------------------------------------------------------------

    \10\ See ITC Notification.
---------------------------------------------------------------------------

    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.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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 
http://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