83 FR 14257 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range		14257-14262
FR Document		2018-06727
Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018)
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14257-14262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06727]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-823]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Initiation of Less-Than-Fair-Value Investigation

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

DATES: Effective March 27, 2018.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, 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) 482-4406 or (202) 482-0890, 
respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On March 7, 2018, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) 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 AD Petition was accompanied by a countervailing 
duty (CVD) petition concerning imports of LWS from Vietnam. The 
petitioners are domestic producers of LWS.\2\
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    \1\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Laminated Woven Sacks From 
the Socialist Republic of Vietnam,'' (March 7, 2018) (the Petition); 
see also Petitioners' Letter ``Antidumping and Countervailing Duty 
Investigations of Laminated Woven Sacks From the Socialist Republic 
of Vietnam: Correction to Petitioner's Name,'' dated March 16, 2018 
(clarifying the name of ProAmpac Holdings Inc.).
    \2\ See Volume I of the Petition, at 2 and Exhibit I-1.
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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 14258]]

responses to these requests on March 14, 2018,\4\ March 19, 2018,\5\ 
and March 27, 2018.\6\
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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); see also 
Petitioners' Letter, ``Investigation of Laminated Woven Sacks From 
the Socialist Republic of Vietnam: Petitioners' Responses to 
Supplemental Questions Relating to Volume II: Antidumping Duties,'' 
dated March 14, 2018 (AD Supplement).
    \5\ 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).
    \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 27, 2018 (Third General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of LWS from 
Vietnam are being, or are likely to be, sold in the United States at 
less than fair value within the meaning of section 731 of the Act, and 
that such imports are materially injuring, or threatening material 
injury to, the domestic industry producing LWS in the United States. 
Consistent with section 732(b)(1) of the Act, 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 interested parties 
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 AD investigation that the 
petitioners are requesting.\7\
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    \7\ See the ``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, and Vietnam is a 
non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the 
period of investigation (POI) is July 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.\8\ Commerce also held two conference calls with the 
petitioners regarding the scope language.\9\ As a result of these 
exchanges, the scope of the Petition was modified to clarify the 
description of the merchandise covered by the Petition.\10\ The 
description of the merchandise covered by this initiation, as described 
by the Appendix to this notice, reflects these clarifications.
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    \8\ See General Issues Supplement; see also Second General 
Issues Supplement.
    \9\ 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.
    \10\ 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).\11\ 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,\12\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests all 
interested parties to 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.\13\
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    \11\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ 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 comments 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).\14\ 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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    \14\ 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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Comments on Product Characteristics for AD Questionnaires

    Commerce will provide interested parties an opportunity to comment 
on the appropriate physical characteristics of LWS to be reported in 
response to Commerce's AD questionnaires. This information will be used 
to identify the key physical characteristics of the merchandise under 
consideration in order to report the relevant production information 
accurately as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they believe are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and

[[Page 14259]]

(2) product-comparison criteria. We note that it is not always 
appropriate to use all product characteristics as product-comparison 
criteria. We base product-comparison criteria on meaningful commercial 
differences among products. In other words, although there may be some 
physical product characteristics utilized by manufacturers to describe 
LWS, it may be that only a select few product characteristics take into 
account commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all product 
characteristics comments must be filed by 5:00 p.m. ET on April 16, 
2018. Any rebuttal comments must be filed by 5:00 p.m. ET on April 26, 
2018. All comments and submissions to Commerce must be filed 
electronically, using ACCESS as explained above, on the record of the 
less-than-fair-value investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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.\17\
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    \17\ For a discussion of the domestic like product analysis, see 
Enforcement and Compliance Office of AD/CVD Operations Antidumping 
Duty Investigation Initiation Checklist: Laminated Woven Sacks from 
the Socialist Republic of Vietnam (Vietnam AD Initiation Checklist), 
at Attachment II, Industry Support (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 Commerce building.
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    In determining whether the petitioners have standing under section 
732(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.\18\ 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 reasonable proxy for production data,\19\ we have 
relied on the data the petitioners provided for purposes of measuring 
industry support.\20\
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    \18\ See Second General Issues Supplement, at 1 and Exhibit I-
2S1.
    \19\ See General Issues Supplement, at 7 and Exhibit I-S3.
    \20\ Id; see also Second General Issues Supplement, at 1 and 
Exhibit I-2S1. For further discussion, see Vietnam AD 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, and other information 
readily available to Commerce indicates that the petitioners have 
established industry support for the Petition.\21\ 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).\22\ Second, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(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.\23\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(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.\24\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.
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    \21\ See Vietnam AD Initiation Checklist, at Attachment II.
    \22\ See section 732(c)(4)(D) of the Act; see also Vietnam AD 
Initiation Checklist, at Attachment II.
    \23\ See Vietnam AD Initiation Checklist, at Attachment II.
    \24\ 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 AD

[[Page 14260]]

investigation that they are requesting that Commerce initiate.\25\
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    \25\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\26\
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    \26\ See Volume I of the Petition, at Exhibit I-7; see also 
General Issues Supplement, at 9.
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    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; a decline in U.S. shipments, capacity 
utilization, production, and financial performance; and the magnitude 
of the alleged dumping margins.\27\ 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.\28\
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    \27\ 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.
    \28\ See Vietnam AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation (Attachment III).
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Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at less 
than fair value upon which Commerce based its decision to initiate the 
AD investigation of imports of LWS from Vietnam. The sources of data 
for the petitioners' calculations relating to U.S. price and NV are 
discussed in greater detail in the Vietnam AD Initiation Checklist.\29\
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    \29\ See Vietnam AD Initiation Checklist.
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Export Price

    The petitioners based U.S. price on export price (EP) using the 
average unit value of publicly available import data.\30\ The 
petitioners also based the U.S. price on EP using price quotes for 
sales of LWS produced in, and exported from, Vietnam and offered for 
sale in the United States.\31\ Where applicable, the petitioners made 
deductions from U.S. price consistent with the terms of sale.\32\
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    \30\ Id.
    \31\ See Vietnam AD Initiation Checklist.
    \32\ See Vietnam AD Initiation Checklist.
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Normal Value

    Commerce considers Vietnam to be an NME country.\33\ In accordance 
with section 771(18)(C)(i) of the Act, the presumption of NME status 
remains in effect until revoked by Commerce. The presumption of NME 
status for Vietnam has not been revoked by Commerce and, therefore, 
remains in effect for purposes of the initiation of this investigation. 
Accordingly, NV in Vietnam is appropriately based on factors of 
production (FOPs) valued in a surrogate market economy country, in 
accordance with section 773(c) of the Act.\34\
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    \33\ See Certain Steel Nails From the Socialist Republic of 
Vietnam: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2014-2016, 82 FR 26050 (82 
FR 26050) (unchanged in Certain Steel Nails From the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 45266 (September 28, 2017).
    \34\ See Vietnam AD Initiation Checklist.
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    The petitioners state that India is an appropriate surrogate 
country for Vietnam, because it is a market economy country that is at 
a level of economic development comparable to that of Vietnam, it is a 
significant producer of comparable merchandise, and public information 
from India is available to value all material inputs.\35\ Based on the 
information provided by the petitioners, we determine that it is 
appropriate to use India as a surrogate country for initiation 
purposes.
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    \35\ See Volume II of the Petition at 4, and Exhibits II-1A, and 
II-1B.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs no later than 30 days before the 
scheduled date of the preliminary determination.

Factors of Production

    The petitioners state that they do not have access to the 
Vietnamese producers' factors of production and consumption rates for 
those FOPs. Therefore, the petitioners relied on their own experience 
and other information reasonably available.\36\ The petitioners valued 
the estimated FOPs using surrogate values from India.\37\ Additionally, 
for the surrogate values denominated in Indian rupees (INR), the 
petitioners converted INR prices into U.S. dollars using the average 
exchange rate for the POI available on Commerce's website.\38\
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    \36\ Id. at 6 and Exhibit II-7; see also AD Supplement, at 3 and 
Exhibit II-S5.
    \37\ Id. at 6-8 and Exhibits II-9 through II-11; see also AD 
Supplement, at 3-4 and Exhibits II-S6, II-S8, and II-S9.
    \38\ Id. at 6 and Exhibit II-8A.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of LWS from Vietnam are being, or are likely to 
be, sold in the United States at less than fair value. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for LWS from Vietnam range from 
101.73 percent to 292.61 percent.\39\
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    \39\ See AD Supplement at 4, and Exhibit II-S2.
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Initiation of the Less-Than-Fair-Value Investigation

    Based upon our examination of the Petition, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating this AD investigation to determine whether imports of 
LWS from Vietnam are being, or are likely to be, sold in the United 
States at less than fair value. In accordance with section 733(b)(1)(A) 
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 140 days after the date of this 
initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD law were made.\40\ 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.\41\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to this AD investigation.\42\
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    \40\ See Trade Preferences Extension Act of 2015, Pubic Law 114-
27, 129 Stat. 362 (2015).
    \41\ 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).
    \42\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    The petitioners named 27 producers/exporters of LWS from 
Vietnam.\43\ In accordance with our standard practice for respondent 
selection in AD cases involving NME countries, we intend to issue 
quantity and value (Q&V)

[[Page 14261]]

questionnaires to producers/exporters of merchandise subject to this 
investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based on Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on the Q&V questionnaire responses 
received. For this investigation, Commerce will request Q&V information 
from known exporters and producers identified with complete contact 
information in the Petition. In addition, Commerce will post the Q&V 
questionnaire along with filing instructions on Enforcement and 
Compliance's website at http://www.trade.gov/enforcement/news.asp.
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    \43\ See General Issues Supplement at 4, and Exhibit I-S1.
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    Producers/exporters of LWS from Vietnam that do not receive Q&V 
questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement & Compliance's website. The Q&V questionnaire response must 
be submitted by the relevant Vietnamese exporters/producers no later 
than 5:00 p.m. ET on April 10, 2018. All Q&V questionnaire responses 
must be filed electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\44\ 
The specific requirements for submitting a separate-rate application 
are outlined in detail in the application itself, which is available on 
Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after 
publication of this initiation notice.\45\ Exporters and producers who 
submit a separate-rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they timely respond to all parts of Commerce's AD questionnaire 
as mandatory respondents. Commerce requires that companies from Vietnam 
submit a response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate-rate 
consideration.
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    \44\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \45\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the Department will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\46\
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    \46\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of Vietnam 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 
732(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.\47\ A negative ITC 
determination will result in the investigation being terminated.\48\ 
Otherwise, the investigation will proceed according to statutory and 
regulatory time limits.
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    \47\ See section 733(a) of the Act.
    \48\ Id.
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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 
\49\ 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.\50\ 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 prior to submitting factual information in this 
investigation.
---------------------------------------------------------------------------

    \49\ See 19 CFR 351.301(b).
    \50\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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.

[[Page 14262]]

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\51\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\52\ Commerce intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \51\ See section 782(b) of the Act.
    \52\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013); see also frequently asked 
questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305.\53\
---------------------------------------------------------------------------

    \53\ 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)).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
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. 2018-06727 Filed 4-2-18; 8:45 am]
 BILLING CODE 3510-DS-P
Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14259

(2) product-comparison criteria. We like product. The International Trade domestic like product for the entire
note that it is not always appropriate to Commission (ITC), which is responsible domestic industry.18 Because total
use all product characteristics as for determining whether ‘‘the domestic industry production data for the
product-comparison criteria. We base industry’’ has been injured, must also domestic like product for 2017 are not
product-comparison criteria on determine what constitutes a domestic reasonably available to the petitioners,
meaningful commercial differences like product in order to define the and the petitioners have established that
among products. In other words, industry. While both Commerce and the shipments are a reasonable proxy for
although there may be some physical ITC must apply the same statutory production data,19 we have relied on the
product characteristics utilized by definition regarding the domestic like data the petitioners provided for
manufacturers to describe LWS, it may product,15 they do so for different purposes of measuring industry
be that only a select few product purposes and pursuant to a separate and support.20
characteristics take into account distinct authority. In addition, Our review of the data provided in the
commercially meaningful physical Commerce’s determination is subject to Petition, the General Issues Supplement,
characteristics. In addition, interested limitations of time and information. the Second General Issues Supplement,
parties may comment on the order in Although this may result in different and other information readily available
which the physical characteristics definitions of the like product, such to Commerce indicates that the
should be used in matching products. differences do not render the decision of petitioners have established industry
Generally, Commerce attempts to list either agency contrary to law.16 support for the Petition.21 First, the
the most important physical Section 771(10) of the Act defines the Petition established support from
characteristics first and the least domestic like product as ‘‘a product domestic producers (or workers)
important characteristics last. which is like, or in the absence of like, accounting for more than 50 percent of
In order to consider the suggestions of most similar in characteristics and uses the total production of the domestic like
interested parties in developing and with, the article subject to an product and, as such, Commerce is not
issuing the AD questionnaire, all investigation under this title.’’ Thus, the required to take further action in order
product characteristics comments must reference point from which the to evaluate industry support (e.g.,
be filed by 5:00 p.m. ET on April 16, domestic like product analysis begins is polling).22 Second, the domestic
2018. Any rebuttal comments must be ‘‘the article subject to an investigation’’ producers (or workers) have met the
filed by 5:00 p.m. ET on April 26, 2018. (i.e., the class or kind of merchandise to statutory criteria for industry support
All comments and submissions to be investigated, which normally will be under section 732(c)(4)(A)(i) of the Act
Commerce must be filed electronically, the scope as defined in the Petition). because the domestic producers (or
using ACCESS as explained above, on With regard to the domestic like
workers) who support the Petition
the record of the less-than-fair-value product, the petitioners do not offer a
account for at least 25 percent of the
investigation. definition of the domestic like product
total production of the domestic like
distinct from the scope of the Petition.
Determination of Industry Support for product.23 Finally, the domestic
Based on our analysis of the information
the Petition producers (or workers) have met the
submitted on the record, we have
Section 732(b)(1) of the Act requires determined that LWS, as defined in the statutory criteria for industry support
that a petition be filed on behalf of the scope, constitute a single domestic like under section 732(c)(4)(A)(ii) of the Act
domestic industry. Section 732(c)(4)(A) product, and we have analyzed industry because the domestic producers (or
of the Act provides that a petition meets support in terms of that domestic like workers) who support the Petition
this requirement if the domestic product.17 account for more than 50 percent of the
producers or workers who support the In determining whether the production of the domestic like product
petition account for: (i) At least 25 petitioners have standing under section produced by that portion of the industry
percent of the total production of the 732(c)(4)(A) of the Act, we considered expressing support for, or opposition to,
domestic like product; and (ii) more the industry support data contained in the Petition.24 Accordingly, Commerce
than 50 percent of the production of the the Petition with reference to the determines that the Petition was filed on
domestic like product produced by that domestic like product as defined in the behalf of the domestic industry within
portion of the industry expressing ‘‘Scope of the Investigation,’’ in the the meaning of section 732(b)(1) of the
support for, or opposition to, the Appendix to this notice. To establish Act.
petition. Moreover, section 732(c)(4)(D) industry support, the petitioners Commerce finds that the petitioners
of the Act provides that, if the petition provided their shipments of the filed the Petition on behalf of the
does not establish support of domestic domestic like product in 2017 and domestic industry because they are
producers or workers accounting for compared these shipments to the interested parties as defined in sections
more than 50 percent of the total estimated total shipments of the 771(9)(C), (E), and (F) of the Act, and
production of the domestic like product, they have demonstrated sufficient
Commerce shall: (i) Poll the industry or 15 See section 771(10) of the Act. industry support with respect to the AD
16 See USEC, Inc. v. United States, 132 F. Supp.
rely on other information in order to
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
determine if there is support for the v. United States, 688 F. Supp. 639, 644 (CIT 1988),
18 See Second General Issues Supplement, at 1

petition, as required by subparagraph and Exhibit I–2S1.
aff’d 865 F.2d 240 (Fed. Cir. 1989)). 19 See General Issues Supplement, at 7 and
(A); or (ii) determine industry support 17 For a discussion of the domestic like product
Exhibit I–S3.
using a statistically valid sampling analysis, see Enforcement and Compliance Office of 20 Id; see also Second General Issues Supplement,
method to poll the ‘‘industry.’’ AD/CVD Operations Antidumping Duty
at 1 and Exhibit I–2S1. For further discussion, see
Investigation Initiation Checklist: Laminated Woven
amozie on DSK30RV082PROD with NOTICES

Section 771(4)(A) of the Act defines Sacks from the Socialist Republic of Vietnam
Vietnam AD Initiation Checklist, at Attachment II.
the ‘‘industry’’ as the producers, as a (Vietnam AD Initiation Checklist), at Attachment II,
21 See Vietnam AD Initiation Checklist, at

whole, of a domestic like product. Thus, Industry Support (Attachment II). This checklist is Attachment II.
22 See section 732(c)(4)(D) of the Act; see also
to determine whether a petition has the dated concurrently with, and hereby adopted by,
this notice and on file electronically via ACCESS. Vietnam AD Initiation Checklist, at Attachment II.
requisite industry support, the statute Access to documents filed via ACCESS is also 23 See Vietnam AD Initiation Checklist, at
directs Commerce to look to producers available in the Central Records Unit, Room B8024 Attachment II.
and workers who produce the domestic of the main Commerce building. 24 Id.

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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14261

questionnaires to producers/exporters of filing a timely Q&V questionnaire submitted in response to questionnaires;
merchandise subject to this response will not receive separate-rate (ii) evidence submitted in support of
investigation. In the event Commerce consideration. allegations; (iii) publicly available
determines that the number of information to value factors under 19
Use of Combination Rates
companies is large and it cannot CFR 351.408(c) or to measure the
individually examine each company Commerce will calculate combination adequacy of remuneration under 19 CFR
based on Commerce’s resources, where rates for certain respondents that are 351.511(a)(2); (iv) evidence placed on
appropriate, Commerce intends to select eligible for a separate rate in an NME the record by Commerce; and (v)
mandatory respondents based on the investigation. The Separate Rates and evidence other than factual information
Q&V questionnaire responses received. Combination Rates Bulletin states: described in (i)–(iv). 19 CFR 351.301(b)
For this investigation, Commerce will {w}hile continuing the practice of requires any party, when submitting
request Q&V information from known assigning separate rates only to exporters, all factual information, to specify under
exporters and producers identified with separate rates that the Department will now which subsection of 19 CFR
complete contact information in the assign in its NME Investigation will be 351.102(b)(21) the information is being
Petition. In addition, Commerce will specific to those producers that supplied the
exporter during the period of investigation.
submitted 49 and, if the information is
post the Q&V questionnaire along with submitted to rebut, clarify, or correct
Note, however, that one rate is calculated for
filing instructions on Enforcement and the exporter and all of the producers which factual information already on the
Compliance’s website at http:// supplied subject merchandise to it during the record, to provide an explanation
www.trade.gov/enforcement/news.asp. period of investigation. This practice applies identifying the information already on
Producers/exporters of LWS from both to mandatory respondents receiving an the record that the factual information
Vietnam that do not receive Q&V individually calculated separate rate as well seeks to rebut, clarify, or correct.50 Time
questionnaires by mail may still submit as the pool of non-investigated firms
limits for the submission of factual
a response to the Q&V questionnaire receiving the weighted-average of the
individually calculated rates. This practice is information are addressed in 19 CFR
and can obtain a copy of the Q&V 351.301, which provides specific time
referred to as the application of ‘‘combination
questionnaire from Enforcement & rates’’ because such rates apply to specific limits based on the type of factual
Compliance’s website. The Q&V combinations of exporters and one or more information being submitted. Interested
questionnaire response must be producers. The cash-deposit rate assigned to parties should review the regulations
submitted by the relevant Vietnamese an exporter will apply only to merchandise prior to submitting factual information
exporters/producers no later than 5:00 both exported by the firm in question and in this investigation.
p.m. ET on April 10, 2018. All Q&V produced by a firm that supplied the exporter
questionnaire responses must be filed during the period of investigation.46 Extensions of Time Limits
electronically via ACCESS. Distribution of Copies of the Petition Parties may request an extension of
Separate Rates In accordance with section time limits before the expiration of a
In order to obtain separate-rate status 732(b)(3)(A) of the Act and 19 CFR time limit established under 19 CFR
in an NME investigation, exporters and 351.202(f), a copy of the public version 351.301, or as otherwise specified by the
producers must submit a separate-rate of the Petition has been provided to the Secretary. In general, an extension
application.44 The specific requirements government of Vietnam via ACCESS. To request will be considered untimely if it
for submitting a separate-rate the extent practicable, we will attempt is filed after the expiration of the time
application are outlined in detail in the to provide a copy of the public version limit established under 19 CFR 351.301.
application itself, which is available on of the Petition to each exporter named For submissions that are due from
Commerce’s website at http:// in the Petition, as provided under 19 multiple parties simultaneously, an
enforcement.trade.gov/nme/nme-sep- CFR 351.203(c)(2). extension request will be considered
rate.html. The separate-rate application ITC Notification untimely if it is filed after 10:00 a.m. ET
will be due 30 days after publication of on the due date. Under certain
this initiation notice.45 Exporters and We will notify the ITC of our circumstances, we may elect to specify
producers who submit a separate-rate initiation, as required by section 732(d) a different time limit by which
application and have been selected as of the Act. extension requests will be considered
mandatory respondents will be eligible Preliminary Determination by the ITC untimely for submissions which are due
for consideration for separate-rate status from multiple parties simultaneously. In
The ITC will preliminarily determine,
only if they timely respond to all parts such a case, we will inform parties in a
within 45 days after the date on which
of Commerce’s AD questionnaire as letter or memorandum setting forth the
the Petition was filed, whether there is
mandatory respondents. Commerce deadline (including a specified time) by
a reasonable indication that imports of
requires that companies from Vietnam which extension requests must be filed
LWS from Vietnam, are materially
submit a response to both the Q&V to be considered timely. An extension
injuring or threatening material injury to
questionnaire and the separate-rate request must be made in a separate,
a U.S. industry.47 A negative ITC
application by the respective deadlines stand-alone submission; under limited
determination will result in the
in order to receive consideration for circumstances we will grant untimely-
investigation being terminated.48
separate-rate status. Companies not filed requests for the extension of time
Otherwise, the investigation will
limits. Parties should review Extension
proceed according to statutory and
44 See Policy Bulletin 05.1: Separate-Rates
of Time Limits; Final Rule, 78 FR 57790
Practice and Application of Combination Rates in regulatory time limits.
(September 20, 2013), available at
Antidumping Investigation involving Non-Market
amozie on DSK30RV082PROD with NOTICES

Economy Countries (April 5, 2005), available at
Submission of Factual Information http://www.gpo.gov/fdsys/pkg/FR-2013-
http://enforcement.trade.gov/policy/bull05-1.pdf Factual information is defined in 19 09-20/html/2013-22853.htm, prior to
(Policy Bulletin 05.1).
CFR 351.102(b)(21) as: (i) Evidence submitting factual information in this
45 Although in past investigations this deadline
investigation.
was 60 days, consistent with 19 CFR 351.301(a),
46 See Policy Bulletin 05.1 at 6 (emphasis added).
which states that ‘‘the Secretary may request any
47 See section 733(a) of the Act. 49 See 19 CFR 351.301(b).
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days. 48 Id. 50 See 19 CFR 351.301(b)(2).

VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1
Document Created: 2018-04-03 00:49:31
Document Modified: 2018-04-03 00:49:31
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective March 27, 2018.
Contact		Drew Jackson or Celeste Chen, 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) 482-4406 or (202) 482-0890, respectively.
FR Citation		83 FR 14257
83 FR 14257 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration
