83_FR_14317 83 FR 14253 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation

83 FR 14253 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 64 (April 3, 2018)

Page Range14253-14257
FR Document2018-06728

Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018) 
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14253-14257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-824]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable April 3, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 482-5831, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On March 7, 2018, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) Petition concerning imports of 
laminated woven sacks (LWS) from the Socialist Republic of Vietnam 
(Vietnam), filed in proper form on behalf of the Laminated Woven Sacks 
Fair Trade Coalition and its individual members Polytex Fibers 
Corporation and ProAmpac Holdings Inc., (collectively, the 
petitioners).\1\ The CVD Petition was accompanied by an antidumping 
(AD) Petition concerning imports of laminated woven sacks from Vietnam. 
The petitioners are domestic producers of LWS.\2\
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    \1\ See Letter to the Secretary of Commerce ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Laminated 
Woven Sacks from the Socialist Republic of Vietnam (March 7, 2018) 
(the Petition).
    \2\ See Volume I of the Petition, at 3 and Exhibit I-3.
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    On March 12, 16, and 26, 2018, Commerce requested supplemental 
information pertaining to certain areas of the Petition.\3\ The 
petitioners filed

[[Page 14254]]

responses to these requests on March 14, 2018,\4\ March 15, 2018,\5\ 
March 19, 2018, \6\ and March 27, 2018.\7\ On March 23, 2018, Commerce 
held consultations with respect to the Petition with the Government of 
Vietnam (GOV).\8\
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    \3\ See Commerce Letter re: ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Laminated Woven 
Sacks from the Socialist Republic of Vietnam: Supplemental 
Questions,'' dated March 12, 2018; see also Commerce Letter re: 
``Petition for the Imposition of Antidumping Duties on Imports of 
Laminated Woven Sacks from the Socialist Republic of Vietnam: 
Supplemental Questions,'' dated March 12, 2018. See also Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Laminated Woven Sacks from the Socialist Republic of 
Vietnam, Phone Call with Counsel to the Petitioners,'' dated March 
16, 2018. See also Memorandum, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Laminated Woven Sacks from 
the Socialist Republic of Vietnam, Phone Call with Counsel to the 
Petitioners,'' dated March 26, 2018.
    \4\ See Petitioners' Letter, ``Investigation of Laminated Woven 
Sacks From the Socialist Republic of Vietnam: Petitioners' Responses 
to Supplemental Questions Relating to Volume I: General Issues,'' 
dated March 14, 2018 (General Issues Supplement).
    \5\ See Letter from the petitioners, ``Investigation of 
Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Petitioners' Responses to Supplemental Questions Relating to Volume 
III: Countervailing Duties,'' dated March 15, 2018 (CVD Supplement).
    \6\ See Petitioners' Letter, ``Investigation of Laminated Woven 
Sacks From the Socialist Republic of Vietnam: Petitioners' Responses 
to Second Supplemental Questions Relating to Volume I: General 
Issues,'' dated March 19, 2018 (Second General Issues Supplement).
    \7\ See Petitioners' Letter, ``Investigation of Laminated Woven 
Sacks From the Socialist Republic of Vietnam: Petitioners' Responses 
to Second Supplemental Questions Relating to Volume I: General 
Issues,'' dated March 27, 2018 (Third General Issues Supplement).
    \8\ See Memorandum, ``Consultations with Officials from the 
Government of Vietnam (GOV) Regarding the Countervailing Duty (CVD) 
Petition on Laminated Woven Sacks from Vietnam,'' dated March 26, 
2018.
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the GOV is providing 
countervailable subsidies, within the meaning of sections 701 and 
771(5) of the Act, to producers of LWS in Vietnam, and imports of such 
products are materially injuring, or threatening material injury to, 
the domestic industry producing LWS in the United States. Consistent 
with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those 
alleged programs on which we are initiating a CVD investigation, the 
Petition is accompanied by information reasonably available to the 
petitioners supporting their allegations.
    Commerce finds that the petitioners filed this Petition on behalf 
of the domestic industry because the petitioners are an interested 
party as defined in section 771(9)(C), (E) and (F) of the Act. Commerce 
also finds that the petitioners demonstrated sufficient industry 
support with respect to the initiation of the CVD investigation that 
the petitioners are requesting.\9\
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    \9\ See ``Determination of Industry Support for the Petition'' 
section, below.
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Period of Investigation

    Because the Petition was filed on March 7, 2018, the period of 
investigation is January 1, 2017, through December 31, 2017.

Scope of the Investigation

    The products covered by this investigation are LWS from Vietnam. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, Commerce issued questions to, 
and received responses from, the petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\10\ Commerce also held two conference calls with the 
petitioners regarding the scope language.\11\ As a result of these 
exchanges, the scope of the Petition was modified to clarify the 
description of merchandise covered by the Petition.\12\ The description 
of the merchandise covered by this initiation, as described in the 
Appendix to this notice, reflects these clarifications.
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    \10\ See General Issues 2-5.
    \11\ See Memorandum, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Laminated Woven Sacks from 
the Socialist Republic of Vietnam, Phone Call with Counsel to the 
Petitioners,'' dated March 16, 2018; see also Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Laminated Woven Sacks from the Socialist Republic of 
Vietnam, Phone Call with Counsel to the Petitioners,'' dated March 
26, 2018.
    \12\ See Second General Issues Supplement; see also, Third 
General Issues Supplement.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\13\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\14\ To 
facilitate preparation of its questionnaires, Commerce requests all 
interested parties submit such comments by 5:00 p.m. Eastern Time (ET) 
on Monday April 16, 2018, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on Thursday April 26, 2018, 
which is 10 calendar days from the initial comments deadline.\15\
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    \13\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \14\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \15\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the concurrent AD and CVD investigations of LWS from 
Vietnam.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\16\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/ 
help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOV of the receipt of the CVD Petition, 
and provided them with an opportunity for consultations with respect to 
the Petition.\17\ In response to Commerce's invitation, the GOV met 
with Commerce officials on March 23, 2018.
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    \17\ See Letter from Robert Bolling, Acting Director, AD/CVD 
Operations, Office IV, Enforcement and Compliance, to the Embassy of 
Vietnam ``Countervailing Duty Petition on Laminated Woven Sacks from 
Vietnam: Invitation for Consultations to Discuss the Countervailing 
Duty Petition,'' dated March 8, 2018.

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[[Page 14255]]

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\18\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\19\
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    \18\ See section 771(10) of the Act.
    \19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that LWS, as defined in the scope, 
constitute a single domestic like product and we have analyzed industry 
support in terms of that domestic like product.\20\
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    \20\ For a discussion of the domestic like product analysis, see 
Countervailing Duty Investigation Initiation Checklist: Laminated 
Woven Sacks from the Socialist Republic of Vietnam (Vietnam CVD 
Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Laminated Woven Sacks from the Socialist Republic of 
Vietnam (Attachment II). This checklist is dated concurrently with, 
and hereby adopted by, this notice and on file electronically via 
ACCESS. Access to documents filed via ACCESS is also available in 
the Central Records Unit, Room B8024 of the main Department of 
Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioners provided 
their shipments of the domestic like product in 2017, and compared 
these shipments to the estimated total shipments of the domestic like 
product for the entire domestic industry.\21\ Because total industry 
production data for the domestic like product for 2017 are not 
reasonably available to the petitioners, and the petitioners have 
established that shipments are a reasonably proxy for production 
data,\22\ we have relied on the data the petitioners provided for 
purposes of measuring industry support.\23\
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    \21\ See Second General Issues Supplement, at 1 and Exhibit I-
2S1.
    \22\ See General Issues Supplement, at 7 and Exhibit I-S3.
    \23\ Id.; see also Second General Issues Supplement, at 1 and 
Exhibit I-2S1. For further discussion, see Vietnam CVD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issues Supplement, the CVD Supplement, 
and other information readily available to Commerce, indicates that the 
petitioners have established industry support for the Petition.\24\ 
First, the Petition established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, Commerce is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\25\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\26\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\27\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.
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    \24\ See Vietnam CVD Initiation Checklist, at Attachment II.
    \25\ See section 702(c)(4)(D) of the Act; see also Vietnam CVD 
Initiation Checklist, at Attachment II.
    \26\ See Vietnam CVD Initiation Checklist, at Attachment II.
    \27\ Id.
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    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because they are interested parties as defined in 
sections 771(9)(C), (E), and (F) of the Act, and they have demonstrated 
sufficient industry support with respect to the CVD investigation that 
they are requesting that Commerce initiate.\28\
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    \28\ Id.
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Injury Test

    Because Vietnam is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Vietnam materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\29\
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    \29\ See Volume I of the Petition, at Exhibit I-7; see also 
General Issues Supplement, at 9.

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[[Page 14256]]

    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; and a decline in U.S. shipments, capacity 
utilization, production, and financial performance.\30\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\31\
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    \30\ See Volume I of the Petition, at 14-25 and Exhibits I-7 
through I-9; see also General Issues Supplement, at 1, 9 and 
Exhibits I-S6 and I-S7.
    \31\ See Vietnam CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Laminated Woven Sacks from the Socialist Republic of 
Vietnam (Attachment III).
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Initiation of CVD Investigation

    Based upon our examination of the Petition, we find that the 
Petition meets the requirements of section 702 of the Act. 
Specifically, we find that there is sufficient information to initiate 
a CVD investigation on 19 alleged programs. Therefore, we are 
initiating a CVD investigation to determine whether imports of LWS from 
Vietnam benefit from countervailable subsidies conferred by the GOV. 
For a full discussion of the basis for our decision to initiate on each 
program, see Vietnam CVD Initiation Checklist. A public version of the 
initiation checklist for this investigation is available on ACCESS. In 
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), 
unless postponed, we will make our preliminary determination no later 
than 65 days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\32\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
Commerce published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\33\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\34\
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    \32\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015). See also Dates of Application of 
Amendments to the Antidumping and Countervailing Duty Laws Made by 
the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 
2015) (Applicability Notice). The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \33\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015).
    \34\ See Applicability Notice, 80 FR at 46794-95.
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Respondent Selection

    The petitioners named 27 producers/exporters of LWS in Vietnam.\35\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate company-specific subsidy rates in this investigation. In 
the event Commerce determines that the number of companies is large and 
it cannot individually examine each company based upon Commerce's 
resources, where appropriate, Commerce intends to select mandatory 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of LWS from Vietnam during the POI under the appropriate 
Harmonized Tariff Schedule of the United States numbers listed in the 
``Scope of the Investigation,'' in the Appendix to this notice.
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    \35\ See Volume I of the Petition at 7 and Exhibit I-5.
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    On March 16, 2018, Commerce released CBP data under Administrative 
Protective Order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment regarding the CBP data and respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of this CVD investigation.\36\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
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    \36\ See Memorandum from Thomas Martin, Senior International 
Trade Compliance Specialist, AD/CVD Operations, Office IV, 
Enforcement and Compliance to Robert Bolling, Program Manager, AD/
CVD Operations, Office IV, Enforcement and Compliance ``Laminated 
Woven Sacks from the Socialist Republic of Vietnam Countervailing 
Duty Petition: Release of Customs Data from U.S. Customs and Border 
Protection,'' dated March 16, 2018.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted 
above. We intend to finalize our decisions regarding respondent 
selection within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOV via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of LWS from Vietnam are materially injuring, or 
threatening material injury to, a U.S. industry.\37\ A negative ITC 
determination will result in the investigation being terminated.\38\ 
Otherwise, this investigation will proceed according to statutory and 
regulatory time limits.
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    \37\ See section 703(a)(2) of the Act.
    \38\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\39\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\40\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations

[[Page 14257]]

prior to submitting factual information in this investigation.
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    \39\ See 19 CFR 351.301(b).
    \40\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum setting forth 
the deadline (including a specified time) by which extension requests 
must be filed to be considered timely. An extension request must be 
made in a separate, stand-alone submission; under limited circumstances 
we will grant untimely-filed requests for the extension of time limits. 
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\41\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\42\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \41\ See section 782(b) of the Act.
    \42\ See also Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); frequently 
asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305.\43\
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    \43\ On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; 
APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: March 27, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation is laminated woven 
sacks. Laminated woven sacks are bags consisting of one or more 
plies of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to 
an exterior ply of plastic film such as biaxially-oriented 
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or 
any film suitable for printing, or to an exterior ply of paper; 
printed; displaying, containing, or comprising three or more visible 
colors (e.g., laminated woven sacks printed with three different 
shades of blue would be covered by the scope), not including the 
color of the woven fabric; regardless of the type of printing 
process used; with or without lining; with or without handles; with 
or without special closing features (including, but not limited to, 
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded, 
adhesive-welded, or press- to-close); whether finished or unfinished 
(e.g., whether or not closed on one end and whether or not in roll 
form, including, but not limited to, sheets, lay-flat, or formed in 
tubes); not exceeding one kilogram in actual weight. Laminated woven 
sacks produced in the Socialist Republic of Vietnam are subject to 
the scope regardless of the country of origin of the fabric used to 
make the sack.
    Subject laminated woven sacks are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
6305.33.0040. If entered with plastic coating on both sides of the 
fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, laminated woven sacks may be classifiable under 
HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If 
entered not closed on one end or in roll form (including, but not 
limited to, sheets, lay-flat tubing, and sleeves), laminated woven 
sacks may be classifiable under other HTSUS subheadings, including 
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the 
polypropylene strips and/or polyethylene strips making up the fabric 
measure more than 5 millimeters in width, laminated woven sacks may 
be classifiable under other HTSUS subheadings including 
4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope is dispositive.

[FR Doc. 2018-06728 Filed 4-2-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14253 Memorandum and the electronic review, or the original investigation, but Comment: The Date Fields in the Home versions of the Issues and Decision the producer is, the cash deposit rate Market and Margin Program Memorandum are identical in content. will be the rate established for the most VI. Recommendation recently completed segment of this [FR Doc. 2018–06722 Filed 4–2–18; 8:45 am] Changes Since the Preliminary Results proceeding for the producer of the BILLING CODE 3510–DS–P Based on a review of the record and subject merchandise; and (4) the cash comments received from interested deposit rate for all other manufacturers parties, we have recalculated Sidenor’s or exporters will continue to be 25.77 DEPARTMENT OF COMMERCE weighted-average dumping margin. For percent, the all-others rate established further discussion, see the Issues and in the investigation.5 These cash deposit International Trade Administration Decision Memorandum. requirements, when imposed, shall [C–552–824] Final Results of the Review remain in effect until further notice. Laminated Woven Sacks From the We determine that, for the period of Notification to Importers Socialist Republic of Vietnam: March 1, 2016, through February 28, This notice also serves as a final Initiation of Countervailing Duty 2017, the following weighted-average reminder to importers of their Investigation dumping margin exists: responsibility under 19 CFR AGENCY: Enforcement and Compliance, 351.402(f)(2) to file a certificate Weighted- International Trade Administration, average regarding the reimbursement of Department of Commerce. Exporter/producer dumping antidumping duties prior to liquidation margin of the relevant entries during this POR. DATES: Applicable April 3, 2018. (percent) Failure to comply with this requirement FOR FURTHER INFORMATION CONTACT: could result in the Secretary’s Thomas Martin or Maisha Cryor, AD/ Sidenor Aceros Especiales, S.L ..................................... 3.81 presumption that reimbursement of CVD Operations, Office IV, Enforcement antidumping and/or countervailing and Compliance, International Trade Duty Assessment duties occurred and the subsequent Administration, U.S. Department of assessment of doubled antidumping Commerce, 1401 Constitution Avenue Commerce shall determine, and U.S. duties. NW, Washington, DC 20230; telephone: Customs and Border Protection (CBP) (202) 482–3936 or (202) 482–5831, shall assess, antidumping duties on all Administrative Protective Order respectively. appropriate entries covered by this This notice also serves as a reminder review. SUPPLEMENTARY INFORMATION: to parties subject to administrative In accordance with Commerce’s protective orders (APO) of their The Petition ‘‘automatic assessment’’ practice, for responsibility concerning the return or entries of subject merchandise during On March 7, 2018, the U.S. destruction of proprietary information Department of Commerce (Commerce) the POR produced by Sidenor for which disclosed under APO in accordance it did not know that the merchandise received a countervailing duty (CVD) with 19 CFR 351.305(a)(3), which Petition concerning imports of was destined for the United States, we continues to govern business will instruct CBP to liquidate those laminated woven sacks (LWS) from the proprietary information in this segment Socialist Republic of Vietnam entries at the all-others rate if there is no of the proceeding. Timely written rate for the intermediate company(ies) (Vietnam), filed in proper form on notification of the return/destruction of behalf of the Laminated Woven Sacks involved in the transaction. APO materials, or conversion to judicial We intend to issue instructions to Fair Trade Coalition and its individual protective order, is hereby requested. members Polytex Fibers Corporation CBP 15 days after the publication date Failure to comply with the regulations and ProAmpac Holdings Inc., of the final results of this review. and the terms of an APO is a (collectively, the petitioners).1 The CVD Cash Deposit Requirements sanctionable violation. Petition was accompanied by an The following cash deposit We are issuing and publishing this antidumping (AD) Petition concerning requirements will be effective upon notice in accordance with sections imports of laminated woven sacks from publication of the notice of final results 751(a)(1) and 777(i)(1) of the Act and 19 Vietnam. The petitioners are domestic of administrative review for all CFR 351.213(h). producers of LWS.2 shipments of the subject merchandise Dated: March 23, 2018. On March 12, 16, and 26, 2018, entered, or withdrawn from warehouse, Gary Taverman, Commerce requested supplemental for consumption on or after the Deputy Assistant Secretary for Antidumping information pertaining to certain areas publication date of the final results of and Countervailing Duty Operations, of the Petition.3 The petitioners filed this administrative review, as provided performing the non-exclusive functions and 1 See Letter to the Secretary of Commerce by section 751(a)(2)(C) of the Act: (1) duties of the Assistant Secretary for Enforcement and Compliance. ‘‘Petitions for the Imposition of Antidumping and The cash deposit rate for Sidenor will be Countervailing Duties on Laminated Woven Sacks the rate established in the final results Appendix—List of Topics Discussed in from the Socialist Republic of Vietnam (March 7, of this administrative review; (2) for the Final Decision Memorandum 2018) (the Petition). merchandise exported by producers or 2 See Volume I of the Petition, at 3 and Exhibit exporters not covered in this I. Summary I–3. II. List of Comments 3 See Commerce Letter re: ‘‘Petitions for the amozie on DSK30RV082PROD with NOTICES administrative review but covered in a Imposition of Antidumping and Countervailing III. Background prior segment of the proceeding, the IV. Scope of the Order Duties on Imports of Laminated Woven Sacks from cash deposit rate will continue to be the V. Discussion of Comments the Socialist Republic of Vietnam: Supplemental company-specific rate published for the Questions,’’ dated March 12, 2018; see also Commerce Letter re: ‘‘Petition for the Imposition of most recently completed segment of this 5 See Notice of Final Determination of Sales at Antidumping Duties on Imports of Laminated proceeding; (3) if the exporter is not a Less Than Fair Value: Stainless Steel Bar from Woven Sacks from the Socialist Republic of firm covered in this review, a prior Spain, 59 FR 66931 (December 28, 1994). Continued VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1

14254 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices responses to these requests on March Period of Investigation factual information, must be filed by 14, 2018,4 March 15, 2018,5 March 19, Because the Petition was filed on 5:00 p.m. ET on Thursday April 26, 2018, 6 and March 27, 2018.7 On March March 7, 2018, the period of 2018, which is 10 calendar days from 23, 2018, Commerce held consultations investigation is January 1, 2017, through the initial comments deadline.15 with respect to the Petition with the December 31, 2017. Commerce requests that any factual Government of Vietnam (GOV).8 information the parties consider In accordance with section 702(b)(1) Scope of the Investigation relevant to the scope of the investigation of the Tariff Act of 1930, as amended The products covered by this be submitted during this time period. (the Act), the petitioners allege that the investigation are LWS from Vietnam. However, if a party subsequently finds GOV is providing countervailable For a full description of the scope of this that additional factual information subsidies, within the meaning of investigation, see the ‘‘Scope of the pertaining to the scope of the sections 701 and 771(5) of the Act, to Investigation,’’ in the Appendix to this investigation may be relevant, the party producers of LWS in Vietnam, and notice. may contact Commerce and request imports of such products are materially Comments on Scope of the Investigation permission to submit the additional injuring, or threatening material injury information. All such submissions must to, the domestic industry producing During our review of the Petition, be filed on the records of the concurrent LWS in the United States. Consistent Commerce issued questions to, and with section 702(b)(1) of the Act and 19 AD and CVD investigations of LWS from received responses from, the petitioners CFR 351.202(b), for those alleged Vietnam. pertaining to the proposed scope to programs on which we are initiating a ensure that the scope language in the Filing Requirements CVD investigation, the Petition is Petition would be an accurate reflection accompanied by information reasonably of the products for which the domestic All submissions to Commerce must be available to the petitioners supporting industry is seeking relief.10 Commerce filed electronically using Enforcement their allegations. also held two conference calls with the and Compliance’s Antidumping Duty Commerce finds that the petitioners petitioners regarding the scope and Countervailing Duty Centralized filed this Petition on behalf of the language.11 As a result of these Electronic Service System (ACCESS).16 domestic industry because the exchanges, the scope of the Petition was An electronically filed document must petitioners are an interested party as modified to clarify the description of be received successfully in its entirety defined in section 771(9)(C), (E) and (F) merchandise covered by the Petition.12 by the time and date it is due. of the Act. Commerce also finds that the The description of the merchandise Documents exempted from the petitioners demonstrated sufficient covered by this initiation, as described electronic submission requirements industry support with respect to the in the Appendix to this notice, reflects must be filed manually (i.e., in paper initiation of the CVD investigation that these clarifications. form) with Enforcement and the petitioners are requesting.9 As discussed in the Preamble to Compliance’s APO/Dockets Unit, Room Commerce’s regulations, we are setting 18022, U.S. Department of Commerce, Vietnam: Supplemental Questions,’’ dated March aside a period for interested parties to 1401 Constitution Avenue NW, 12, 2018. See also Memorandum, ‘‘Petitions for the raise issues regarding product coverage Imposition of Antidumping and Countervailing Washington, DC 20230, and stamped Duties on Laminated Woven Sacks from the (scope).13 Commerce will consider all with the date and time of receipt by the Socialist Republic of Vietnam, Phone Call with comments received from interested applicable deadlines. Counsel to the Petitioners,’’ dated March 16, 2018. parties and, if necessary, will consult See also Memorandum, ‘‘Petitions for the with interested parties prior to the Consultations Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks from the issuance of the preliminary Pursuant to sections 702(b)(4)(A)(i) Socialist Republic of Vietnam, Phone Call with determination. If scope comments and (ii) of the Act, Commerce notified Counsel to the Petitioners,’’ dated March 26, 2018. include factual information, all such 4 See Petitioners’ Letter, ‘‘Investigation of representatives of the GOV of the receipt Laminated Woven Sacks From the Socialist factual information should be limited to of the CVD Petition, and provided them Republic of Vietnam: Petitioners’ Responses to public information.14 To facilitate with an opportunity for consultations Supplemental Questions Relating to Volume I: preparation of its questionnaires, with respect to the Petition.17 In General Issues,’’ dated March 14, 2018 (General Commerce requests all interested parties Issues Supplement). response to Commerce’s invitation, the submit such comments by 5:00 p.m. 5 See Letter from the petitioners, ‘‘Investigation of GOV met with Commerce officials on Laminated Woven Sacks From the Socialist Eastern Time (ET) on Monday April 16, March 23, 2018. Republic of Vietnam: Petitioners’ Responses to 2018, which is 20 calendar days from Supplemental Questions Relating to Volume III: the signature date of this notice. Any 15 See 19 CFR 351.303(b). Countervailing Duties,’’ dated March 15, 2018 (CVD Supplement). rebuttal comments, which may include 16 See Antidumping and Countervailing Duty 6 See Petitioners’ Letter, ‘‘Investigation of Proceedings: Electronic Filing Procedures; Laminated Woven Sacks From the Socialist 10 See General Issues 2–5. Administrative Protective Order Procedures, 76 FR Republic of Vietnam: Petitioners’ Responses to 11 See Memorandum, ‘‘Petitions for the 39263 (July 6, 2011). See also Enforcement and Second Supplemental Questions Relating to Imposition of Antidumping and Countervailing Compliance: Change of Electronic Filing System Volume I: General Issues,’’ dated March 19, 2018 Duties on Laminated Woven Sacks from the Name, 79 FR 69046 (November 20, 2014) for details (Second General Issues Supplement). Socialist Republic of Vietnam, Phone Call with of Commerce’s electronic filing requirements, 7 See Petitioners’ Letter, ‘‘Investigation of Counsel to the Petitioners,’’ dated March 16, 2018; which went into effect on August 5, 2011. Laminated Woven Sacks From the Socialist see also Memorandum, ‘‘Petitions for the Information on help using ACCESS can be found at Republic of Vietnam: Petitioners’ Responses to Imposition of Antidumping and Countervailing https://access.trade.gov/ help.aspx, and a handbook Second Supplemental Questions Relating to Duties on Laminated Woven Sacks from the can be found at https://access.trade.gov/help/ Volume I: General Issues,’’ dated March 27, 2018 Socialist Republic of Vietnam, Phone Call with Handbook%20on%20Electronic%20Filling%20 amozie on DSK30RV082PROD with NOTICES (Third General Issues Supplement). Counsel to the Petitioners,’’ dated March 26, 2018. Procedures.pdf. 8 See Memorandum, ‘‘Consultations with Officials 12 See Second General Issues Supplement; see 17 See Letter from Robert Bolling, Acting Director, from the Government of Vietnam (GOV) Regarding also, Third General Issues Supplement. AD/CVD Operations, Office IV, Enforcement and the Countervailing Duty (CVD) Petition on 13 See Antidumping Duties; Countervailing Compliance, to the Embassy of Vietnam Laminated Woven Sacks from Vietnam,’’ dated Duties, Final Rule, 62 FR 27296, 27323 (May 19, ‘‘Countervailing Duty Petition on Laminated Woven March 26, 2018. 1997) (Preamble). Sacks from Vietnam: Invitation for Consultations to 9 See ‘‘Determination of Industry Support for the 14 See 19 CFR 351.102(b)(21) (defining ‘‘factual Discuss the Countervailing Duty Petition,’’ dated Petition’’ section, below. information’’). March 8, 2018. VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1

Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14255 Determination of Industry Support for be investigated, which normally will be production of the domestic like product the Petition the scope as defined in the Petition). and, as such, Commerce is not required Section 702(b)(1) of the Act requires With regard to the domestic like to take further action in order to that a petition be filed on behalf of the product, the petitioners do not offer a evaluate industry support (e.g., domestic industry. Section 702(c)(4)(A) definition of the domestic like product polling).25 Second, the domestic of the Act provides that a petition meets distinct from the scope of the Petition. producers (or workers) have met the this requirement if the domestic Based on our analysis of the information statutory criteria for industry support producers or workers who support the submitted on the record, we have under section 702(c)(4)(A)(i) of the Act petition account for: (i) At least 25 determined that LWS, as defined in the because the domestic producers (or percent of the total production of the scope, constitute a single domestic like workers) who support the Petition domestic like product; and (ii) more product and we have analyzed industry account for at least 25 percent of the than 50 percent of the production of the support in terms of that domestic like total production of the domestic like domestic like product produced by that product.20 product.26 Finally, the domestic In determining whether the producers (or workers) have met the portion of the industry expressing petitioners have standing under section statutory criteria for industry support support for, or opposition to, the 702(c)(4)(A) of the Act, we considered under section 702(c)(4)(A)(ii) of the Act petition. Moreover, section 702(c)(4)(D) the industry support data contained in because the domestic producers (or of the Act provides that, if the petition the Petition with reference to the workers) who support the Petition does not establish support of domestic domestic like product as defined in the account for more than 50 percent of the producers or workers accounting for ‘‘Scope of the Investigation,’’ in the production of the domestic like product more than 50 percent of the total Appendix to this notice. To establish produced by that portion of the industry production of the domestic like product, industry support, the petitioners expressing support for, or opposition to, Commerce shall: (i) Poll the industry or provided their shipments of the the Petition.27 Accordingly, Commerce rely on other information in order to domestic like product in 2017, and determines that the Petition was filed on determine if there is support for the compared these shipments to the behalf of the domestic industry within petition, as required by subparagraph estimated total shipments of the the meaning of section 702(b)(1) of the (A); or (ii) determine industry support domestic like product for the entire Act. using a statistically valid sampling domestic industry.21 Because total method to poll the ‘‘industry.’’ Commerce finds that the petitioners Section 771(4)(A) of the Act defines industry production data for the filed the Petition on behalf of the domestic like product for 2017 are not the ‘‘industry’’ as the producers, as a domestic industry because they are reasonably available to the petitioners, whole, of a domestic like product. Thus, interested parties as defined in sections and the petitioners have established that to determine whether a petition has the 771(9)(C), (E), and (F) of the Act, and shipments are a reasonably proxy for requisite industry support, the statute they have demonstrated sufficient production data,22 we have relied on the directs Commerce to look to producers industry support with respect to the data the petitioners provided for and workers who produce the domestic CVD investigation that they are purposes of measuring industry like product. The International Trade requesting that Commerce initiate.28 support.23 Commission (ITC), which is responsible Our review of the data provided in the for determining whether ‘‘the domestic Injury Test Petition, the General Issues Supplement, industry’’ has been injured, must also the Second General Issues Supplement, Because Vietnam is a ‘‘Subsidies determine what constitutes a domestic the CVD Supplement, and other Agreement Country’’ within the like product in order to define the information readily available to meaning of section 701(b) of the Act, industry. While both Commerce and the Commerce, indicates that the petitioners section 701(a)(2) of the Act applies to ITC must apply the same statutory have established industry support for this investigation. Accordingly, the ITC definition regarding the domestic like the Petition.24 First, the Petition must determine whether imports of the product,18 they do so for different established support from domestic subject merchandise from Vietnam purposes and pursuant to a separate and producers (or workers) accounting for materially injure, or threaten material distinct authority. In addition, more than 50 percent of the total injury to, a U.S. industry. Commerce’s determination is subject to limitations of time and information. Allegations and Evidence of Material 20 For a discussion of the domestic like product Although this may result in different Injury and Causation analysis, see Countervailing Duty Investigation definitions of the like product, such Initiation Checklist: Laminated Woven Sacks from The petitioners allege that imports of differences do not render the decision of the Socialist Republic of Vietnam (Vietnam CVD the subject merchandise are benefitting Initiation Checklist), at Attachment II, Analysis of either agency contrary to law.19 Industry Support for the Antidumping and from countervailable subsidies and that Section 771(10) of the Act defines the Countervailing Duty Petitions Covering Laminated such imports are causing, or threaten to domestic like product as ‘‘a product Woven Sacks from the Socialist Republic of cause, material injury to the U.S. which is like, or in the absence of like, Vietnam (Attachment II). This checklist is dated industry producing the domestic like concurrently with, and hereby adopted by, this most similar in characteristics and uses notice and on file electronically via ACCESS. product. In addition, the petitioners with, the article subject to an Access to documents filed via ACCESS is also allege that subject imports exceed the investigation under this title.’’ Thus, the available in the Central Records Unit, Room B8024 negligibility threshold provided for reference point from which the of the main Department of Commerce building. under section 771(24)(A) of the Act.29 21 See Second General Issues Supplement, at 1 domestic like product analysis begins is and Exhibit I–2S1. ‘‘the article subject to an investigation’’ amozie on DSK30RV082PROD with NOTICES 22 See General Issues Supplement, at 7 and 25 See section 702(c)(4)(D) of the Act; see also (i.e., the class or kind of merchandise to Exhibit I–S3. Vietnam CVD Initiation Checklist, at Attachment II. 23 Id.; see also Second General Issues 26 See Vietnam CVD Initiation Checklist, at 18 See section 771(10) of the Act. Supplement, at 1 and Exhibit I–2S1. For further Attachment II. 27 Id. 19 See USEC, Inc. v. United States, 132 F. Supp. discussion, see Vietnam CVD Initiation Checklist, at 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Attachment II. 28 Id. v. United States, 688 F. Supp. 639, 644 (CIT 1988), 24 See Vietnam CVD Initiation Checklist, at 29 See Volume I of the Petition, at Exhibit I–7; see aff’d 865 F.2d 240 (Fed. Cir. 1989)). Attachment II. also General Issues Supplement, at 9. VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1

14256 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices The petitioners contend that the material injury by the ITC.33 The respondent selection within 20 days of industry’s injured condition is amendments to sections 776 and 782 of publication of this notice. illustrated by a significant and the Act are applicable to all Distribution of Copies of the Petition increasing volume of subject imports; determinations made on or after August reduced market share; underselling and 6, 2015, and, therefore, apply to this In accordance with section price depression or suppression; lost CVD investigation.34 702(b)(4)(A)(i) of the Act and 19 CFR sales and revenues; and a decline in 351.202(f), a copy of the public version U.S. shipments, capacity utilization, Respondent Selection of the Petition has been provided to the production, and financial The petitioners named 27 producers/ GOV via ACCESS. To the extent performance.30 We have assessed the exporters of LWS in Vietnam.35 practicable, we will attempt to provide allegations and supporting evidence Commerce intends to follow its standard a copy of the public version of the regarding material injury, threat of practice in CVD investigations and Petition to each exporter named in the material injury, and causation, and we calculate company-specific subsidy Petition, as provided under 19 CFR have determined that these allegations rates in this investigation. In the event 351.203(c)(2). are properly supported by adequate Commerce determines that the number ITC Notification evidence, and meet the statutory of companies is large and it cannot requirements for initiation.31 individually examine each company We will notify the ITC of our based upon Commerce’s resources, initiation, as required by section 702(d) Initiation of CVD Investigation where appropriate, Commerce intends of the Act. Based upon our examination of the to select mandatory respondents based Petition, we find that the Petition meets Preliminary Determination by the ITC on U.S. Customs and Border Protection the requirements of section 702 of the (CBP) data for U.S. imports of LWS from The ITC will preliminarily determine, Act. Specifically, we find that there is Vietnam during the POI under the within 45 days after the date on which sufficient information to initiate a CVD appropriate Harmonized Tariff Schedule the Petition was filed, whether there is investigation on 19 alleged programs. of the United States numbers listed in a reasonable indication that imports of Therefore, we are initiating a CVD the ‘‘Scope of the Investigation,’’ in the LWS from Vietnam are materially investigation to determine whether Appendix to this notice. injuring, or threatening material injury imports of LWS from Vietnam benefit On March 16, 2018, Commerce to, a U.S. industry.37 A negative ITC from countervailable subsidies released CBP data under Administrative determination will result in the conferred by the GOV. For a full Protective Order (APO) to all parties investigation being terminated.38 discussion of the basis for our decision with access to information protected by Otherwise, this investigation will to initiate on each program, see Vietnam APO and indicated that interested proceed according to statutory and CVD Initiation Checklist. A public parties wishing to comment regarding regulatory time limits. version of the initiation checklist for the CBP data and respondent selection this investigation is available on Submission of Factual Information must do so within three business days ACCESS. In accordance with section of the publication date of the notice of Factual information is defined in 19 703(b)(1) of the Act and 19 CFR initiation of this CVD investigation.36 CFR 351.102(b)(21) as: (i) Evidence 351.205(b)(1), unless postponed, we will Commerce will not accept rebuttal submitted in response to questionnaires; make our preliminary determination no comments regarding the CBP data or (ii) evidence submitted in support of later than 65 days after the date of this respondent selection. allegations; (iii) publicly available initiation. Interested parties must submit information to value factors under 19 Under the Trade Preferences CFR 351.408(c) or to measure the applications for disclosure under APO Extension Act of 2015, numerous adequacy of remuneration under 19 CFR in accordance with 19 CFR 351.305(b). amendments to the AD and CVD laws 351.511(a)(2); (iv) evidence placed on Instructions for filing such applications were made.32 The 2015 law does not the record by Commerce; and (v) may be found on the Commerce’s specify dates of application for those website at http://enforcement.trade.gov/ evidence other than factual information amendments. On August 6, 2015, apo. described in (i)–(iv). 19 CFR 351.301(b) Commerce published an interpretative Comments must be filed requires any party, when submitting rule, in which it announced the electronically using ACCESS. An factual information, to specify under applicability dates for each amendment electronically filed document must be which subsection of 19 CFR to the Act, except for amendments received successfully, in its entirety, by 351.102(b)(21) the information is being contained in section 771(7) of the Act, ACCESS no later than 5:00 p.m. ET on submitted 39 and, if the information is which relate to determinations of the deadline noted above. We intend to submitted to rebut, clarify, or correct finalize our decisions regarding factual information already on the 30 See Volume I of the Petition, at 14–25 and record, to provide an explanation Exhibits I–7 through I–9; see also General Issues Supplement, at 1, 9 and Exhibits I–S6 and I–S7. 33 See Dates of Application of Amendments to the identifying the information already on 31 See Vietnam CVD Initiation Checklist, at Antidumping and Countervailing Duty Laws Made the record that the factual information Attachment III, Analysis of Allegations and by the Trade Preferences Extension Act of 2015, 80 seeks to rebut, clarify, or correct.40 Time Evidence of Material Injury and Causation for the FR 46793 (August 6, 2015). limits for the submission of factual 34 See Applicability Notice, 80 FR at 46794–95. Antidumping and Countervailing Duty Petitions information are addressed in 19 CFR Covering Laminated Woven Sacks from the 35 See Volume I of the Petition at 7 and Exhibit Socialist Republic of Vietnam (Attachment III). I–5. 351.301, which provides specific time 32 See Trade Preferences Extension Act of 2015, 36 See Memorandum from Thomas Martin, Senior limits based on the type of factual amozie on DSK30RV082PROD with NOTICES Pub. L. 114–27, 129 Stat. 362 (2015). See also Dates International Trade Compliance Specialist, AD/CVD information being submitted. Interested of Application of Amendments to the Antidumping Operations, Office IV, Enforcement and Compliance parties should review the regulations and Countervailing Duty Laws Made by the Trade to Robert Bolling, Program Manager, AD/CVD Preferences Extension Act of 2015, 80 FR 46793 Operations, Office IV, Enforcement and Compliance 37 See (August 6, 2015) (Applicability Notice). The 2015 ‘‘Laminated Woven Sacks from the Socialist section 703(a)(2) of the Act. 38 See section 703(a)(1) of the Act. amendments may be found at https:// Republic of Vietnam Countervailing Duty Petition: 39 See 19 CFR 351.301(b). www.congress.gov/bill/114th-congress/house-bill/ Release of Customs Data from U.S. Customs and 1295/text/pl. Border Protection,’’ dated March 16, 2018. 40 See 19 CFR 351.301(b)(2). VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1

Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14257 prior to submitting factual information This notice is issued and published purposes, the written description of the in this investigation. pursuant to sections 702 and 777(i) of scope is dispositive. the Act and 19 CFR 351.203(c). [FR Doc. 2018–06728 Filed 4–2–18; 8:45 am] Extensions of Time Limits Dated: March 27, 2018. BILLING CODE 3510–DS–P Parties may request an extension of Gary Taverman, time limits before the expiration of a Deputy Assistant Secretary for Antidumping time limit established under 19 CFR DEPARTMENT OF COMMERCE and Countervailing Duty Operations, 351.301, or as otherwise specified by the performing the non-exclusive functions and Secretary. In general, an extension duties of the Assistant Secretary for International Trade Administration request will be considered untimely if it Enforcement and Compliance. [A–552–823] is filed after the expiration of the time limit established under 19 CFR 351.301. Appendix—Scope of the Investigation Laminated Woven Sacks From the For submissions that are due from The merchandise covered by this Socialist Republic of Vietnam: multiple parties simultaneously, an investigation is laminated woven sacks. Initiation of Less-Than-Fair-Value extension request will be considered Laminated woven sacks are bags consisting of Investigation untimely if it is filed after 10:00 a.m. ET one or more plies of fabric consisting of woven polypropylene strip and/or woven AGENCY: Enforcement and Compliance, on the due date. Under certain polyethylene strip, regardless of the width of International Trade Administration, circumstances, we may elect to specify the strip; with or without an extrusion a different time limit by which Department of Commerce. coating of polypropylene and/or extension requests will be considered polyethylene on one or both sides of the DATES: Effective March 27, 2018. untimely for submissions which are due fabric; laminated by any method either to an FOR FURTHER INFORMATION CONTACT: from multiple parties simultaneously. In exterior ply of plastic film such as biaxially- Drew Jackson or Celeste Chen, AD/CVD such a case, we will inform parties in a oriented polypropylene (BOPP), polyester Operations, Office IV, Enforcement and letter or memorandum setting forth the (PET), polyethylene (PE), nylon, or any film Compliance, International Trade deadline (including a specified time) by suitable for printing, or to an exterior ply of paper; printed; displaying, containing, or Administration, U.S. Department of which extension requests must be filed comprising three or more visible colors (e.g., Commerce, 1401 Constitution Avenue to be considered timely. An extension laminated woven sacks printed with three NW, Washington, DC 20230; telephone: request must be made in a separate, different shades of blue would be covered by (202) 482–4406 or (202) 482–0890, stand-alone submission; under limited the scope), not including the color of the respectively. circumstances we will grant untimely- woven fabric; regardless of the type of printing process used; with or without lining; SUPPLEMENTARY INFORMATION: filed requests for the extension of time limits. Parties should review Extension with or without handles; with or without The Petition of Time Limits; Final Rule, 78 FR 57790 special closing features (including, but not limited to, closures that are sewn, glued, On March 7, 2018, the U.S. (September 20, 2013), available at easy-open (e.g., tape or thread), re-closable Department of Commerce (Commerce) http://www.gpo.gov/fdsys/pkg/FR-2013- (e.g., slider, hook and loop, zipper), hot- received an antidumping duty (AD) 09-20/html/2013-22853.htm, prior to welded, adhesive-welded, or press- to-close); Petition concerning imports of submitting factual information in this whether finished or unfinished (e.g., whether laminated woven sacks (LWS) from the investigation. or not closed on one end and whether or not Socialist Republic of Vietnam in roll form, including, but not limited to, Certification Requirements sheets, lay-flat, or formed in tubes); not (Vietnam), filed in proper form on exceeding one kilogram in actual weight. behalf of the Laminated Woven Sacks Any party submitting factual Laminated woven sacks produced in the Fair Trade Coalition and its individual information in an AD or CVD Socialist Republic of Vietnam are subject to members, Polytex Fibers Corporation proceeding must certify to the accuracy the scope regardless of the country of origin and ProAmpac Holdings Inc. and completeness of that information.41 of the fabric used to make the sack. (collectively, the petitioners).1 The AD Parties must use the certification Subject laminated woven sacks are Petition was accompanied by a formats provided in 19 CFR currently classifiable under Harmonized countervailing duty (CVD) petition 351.303(g).42 Commerce intends to Tariff Schedule of the United States (HTSUS) subheading 6305.33.0040. If entered with concerning imports of LWS from reject factual submissions if the plastic coating on both sides of the fabric Vietnam. The petitioners are domestic submitting party does not comply with consisting of woven polypropylene strip and/ producers of LWS.2 the applicable revised certification or woven polyethylene strip, laminated On March 12, 16, and 26, 2018, requirements. woven sacks may be classifiable under Commerce requested supplemental Notification to Interested Parties HTSUS subheadings 3923.21.0080, information pertaining to certain areas 3923.21.0095, and 3923.29.0000. If entered of the Petition.3 The petitioners filed Interested parties must submit not closed on one end or in roll form applications for disclosure under APO (including, but not limited to, sheets, lay-flat 1 See Petitioners’ Letter, ‘‘Petitions for the in accordance with 19 CFR 351.305.43 tubing, and sleeves), laminated woven sacks Imposition of Antidumping and Countervailing may be classifiable under other HTSUS Duties on Laminated Woven Sacks From the 41 See section 782(b) of the Act. subheadings, including 3917.39.0050, Socialist Republic of Vietnam,’’ (March 7, 2018) 42 See also Certification of Factual Information to 3921.90.1100, 3921.90.1500, and (the Petition); see also Petitioners’ Letter Import Administration during Antidumping and 5903.90.2500. If the polypropylene strips ‘‘Antidumping and Countervailing Duty Countervailing Duty Proceedings, 78 FR 42678 (July and/or polyethylene strips making up the Investigations of Laminated Woven Sacks From the 17, 2013) (Final Rule); frequently asked questions fabric measure more than 5 millimeters in Socialist Republic of Vietnam: Correction to regarding the Final Rule, available at http:// width, laminated woven sacks may be Petitioner’s Name,’’ dated March 16, 2018 amozie on DSK30RV082PROD with NOTICES enforcement.trade.gov/tlei/notices/factual_info_ (clarifying the name of ProAmpac Holdings Inc.). classifiable under other HTSUS subheadings final_rule_FAQ_07172013.pdf. 2 See Volume I of the Petition, at 2 and Exhibit including 4601.99.0500, 4601.99.9000, and 43 On January 22, 2008, Commerce published I–1. 4602.90.0000. Although HTSUS subheadings Antidumping and Countervailing Duty Proceedings: 3 See Commerce Letter re: ‘‘Petitions for the Documents Submission Procedures; APO are provided for convenience and customs Imposition of Antidumping and Countervailing Procedures, 73 FR 3634 (January 22, 2008). Parties Duties on Imports of Laminated Woven Sacks from wishing to participate in this investigation should procedures (e.g., the filing of letters of appearance the Socialist Republic of Vietnam: Supplemental ensure that they meet the requirements of these as discussed at 19 CFR 351.103(d)). Continued VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1


Document Created: 2018-04-03 00:49:29
Document Modified: 2018-04-03 00:49:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable April 3, 2018.
ContactThomas Martin or Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 482-5831, respectively.
FR Citation83 FR 14253 
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