83_FR_29217 83 FR 29096 - Certain Plastic Decorative Ribbon From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 29096 - Certain Plastic Decorative Ribbon From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 121 (June 22, 2018)

Page Range29096-29098
FR Document2018-13429

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain plastic decorative ribbon from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 121 (Friday, June 22, 2018)
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29096-29098]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13429]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-076]


Certain Plastic Decorative Ribbon From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain plastic decorative ribbon from the People's 
Republic of China (China). The period of investigation is January 1, 
2016, through December 31, 2016.

DATES: Applicable June 22, 2018.

FOR FURTHER INFORMATION CONTACT: Maliha Khan or Nancy Decker, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-0895 or 202-482-0196, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on January 23, 
2018.\1\ Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through January 22, 2018.\2\ On March 12, 2018, Commerce postponed the 
deadline for the preliminary determination of the investigation to the 
full 130 days permitted under section 703(c)(1)(A) of the Act and 19 
CFR 351.205(b)(2), and the revised deadline is now May 29, 2018.\3\
---------------------------------------------------------------------------

    \1\ See Certain Plastic Decorative Ribbon from the People's 
Republic of China: Initiation of Countervailing Duty Investigation, 
83 FR 3114 (January 23, 2018) (Initiation Notice).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \3\ See Certain Plastic Decorative Ribbon from the People's 
Republic of China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 83 FR 10677 (March 12, 2018).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Certain 
Plastic Decorative Ribbon from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are certain plastic 
decorative ribbon from China. For a complete description of the scope 
of this investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce is currently evaluating the scope 
comments filed by the interested parties. Commerce intends to issue its 
preliminary decision regarding the scope of the AD and CVD 
investigations in the preliminary determination of the companion AD 
investigation, which is currently due no later than July 30, 2018, 
unless postponed. The preliminary scope decision will be placed on the 
record of both the AD and CVD investigations, and interested parties 
will have the opportunity to comment prior to the final CVD 
determination.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial

[[Page 29097]]

contribution by an ``authority'' that confers a benefit on the 
recipient, and that the subsidy is specific.\7\ For a full description 
of the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available 
and, because one or more respondents did not act to the best of their 
ability to respond to our requests for information, we drew an adverse 
inference where appropriate in selecting from among the facts otherwise 
available.\8\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A) of the Act, Commerce 
established rates for Joynice Gifts & Crafts Co., Ltd. (Joynice) and 
Seng San Enterprises Co., Ltd. (Seng Sen) (the two individually 
investigated exporters/producers of the subject merchandise that 
participated in this investigation), and for Santa's Collection 
Shaoxing Co., Ltd. (which is assigned a rate based on AFA) as well as 
an all-others rate.
    In accordance with sections 703(d)(1)(A) and 705(c)(5)(A) of the 
Act, for companies not individually investigated, Commerce applies an 
``all-others'' rate. The all-others rate is normally calculated by 
weight averaging the subsidy rates of the companies selected for 
individual examination with those companies' export sales of the 
subject merchandise to the United States, excluding any zero and de 
minimis rates calculated for the exporters and producers individually 
investigated, and any rates determined entirely under section 776 of 
the Act.
    In this investigation, Commerce calculated individual 
countervailable subsidy rates for Joynice and Seng Sen that are not 
zero, de minimis, or based entirely on facts otherwise available. 
Because we do not have publicly ranged data from all company 
respondents with which to calculate the all-others rate using a 
weighted-average of the individual estimated subsidy rates, we 
calculated the all-others rate using a simple average of the individual 
estimated subsidy rates calculated for the examined respondents.
    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                           rate
                                                               (percent)
------------------------------------------------------------------------
Joynice Gifts & Crafts Co., Ltd..............................      14.27
Seng San Enterprises Co., Ltd................................      12.81
Santa's Collection Shaoxing Co., Ltd.........................      94.67
All-Others...................................................      13.54
------------------------------------------------------------------------

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation that were entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Furthermore, pursuant to 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the rates indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis to 
interested parties in this preliminary determination within five days 
of its public announcement, or if there is no public announcement, 
within five days of the date of this notice in accordance with 19 CFR 
351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Commerce intends to set a separate briefing schedule 
pertaining to scope issues when it issues the preliminary scope 
memorandum in this investigation.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If 
Commerce's final determination is affirmative, the ITC will make its 
final determination before the later of 120 days after the date of this 
preliminary determination or 45 days after Commerce's final 
determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: May 29, 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 I

Scope of the Investigation

    The merchandise covered by this investigation is certain plastic 
decorative ribbon having a width (measured at the narrowest span of 
the ribbon) of less than or equal to four (4) inches in actual 
measurement, including but not limited to ribbon wound onto itself; 
a spool, a core or a tube (with or without flanges); attached to a 
card or strip; wound into a keg- or egg-shaped configuration; made 
into bows, bow-like items, or other shapes or configurations;

[[Page 29098]]

and whether or not packaged or labeled for retail sale. The subject 
merchandise is typically made of substrates of polypropylene, but 
may be made in whole or in part of any type of plastic, including 
without limitation, plastic derived from petroleum products and 
plastic derived from cellulose products. Unless the context 
otherwise clearly indicates, the word ``ribbon'' used in the 
singular includes the plural and the plural ``ribbons'' includes the 
singular.
    The subject merchandise includes ribbons comprised of one or 
more layers of substrates made, in whole or in part, of plastics 
adhered to each other, regardless of the method used to adhere the 
layers together, including without limitation, ribbons comprised of 
layers of substrates adhered to each other through a lamination 
process. Subject merchandise also includes ribbons comprised of (a) 
one or more layers of substrates made, in whole or in part, of 
plastics adhered to (b) one or more layers of substrates made, in 
whole or in part, of non-plastic materials, including, without 
limitation, substrates made, in whole or in part, of fabric.
    The ribbons subject to this investigation may be of any color or 
combination of colors (including without limitation, ribbons that 
are transparent, translucent or opaque) and may or may not bear 
words or images, including without limitation, those of a holiday 
motif. The subject merchandise includes ribbons with embellishments 
and/or treatments, including, without limitation, ribbons that are 
printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, 
embossed (or that otherwise have impressed designs, images, words or 
patterns), and ribbons with holographic, metallic, glitter or 
iridescent finishes.
    Subject merchandise includes ``pull-bows'' an assemblage of 
ribbons connected to one another, folded flat, and equipped with a 
means to form such ribbons into the shape of a bow by pulling on a 
length of material affixed to such assemblage, and ``pre-notched'' 
bows, an assemblage of notched ribbon loops arranged one inside the 
other with the notches in alignment and affixed to each other where 
notched, and which the end user forms into a bow by separating and 
spreading the loops circularly around the notches, which form the 
center of the bow. Subject merchandise includes ribbons that are 
packaged with non-subject merchandise, including ensembles that 
include ribbons and other products, such as gift wrap, gift bags, 
gift tags and/or other gift packaging products. The ribbons are 
covered by the scope of this investigation; the ``other products'' 
(i.e., the other, non-subject merchandise included in the ensemble) 
are not covered by the scope of this investigation.
    Excluded from the scope of this investigation are the following: 
(1) Ribbons formed exclusively by weaving plastic threads together; 
(2) ribbons that have metal wire in, on, or along the entirety of 
each of the longitudinal edges of the ribbon; (3) ribbons with an 
adhesive coating covering the entire span between the longitudinal 
edges of the ribbon for the entire length of the ribbon; (4) ribbon 
formed into a bow without a tab or other means for attaching the bow 
to an object using adhesives, where the bow has: (a) An outer layer 
that is either flocked or made of fabric, and (b) a flexible metal 
wire at the base that is suitable for attaching the bow to a 
Christmas tree or other object by twist-tying; (5) elastic ribbons, 
meaning ribbons that elongate when stretched and return to their 
original dimension when the stretching load is removed; (6) ribbons 
affixed as a decorative detail to non-subject merchandise, such as a 
gift bag, gift box, gift tin, greeting card or plush toy, or affixed 
(including by tying) as a decorative detail to packaging containing 
non-subject merchandise; (7) ribbons that are (a) affixed to non-
subject merchandise as a working component of such non-subject 
merchandise, such as where the ribbon comprises a book marker, bag 
cinch, or part of an identity card holder, or (b) affixed (including 
by tying) to non-subject merchandise as a working component that 
holds or packages such non-subject merchandise or attaches packaging 
or labeling to such non-subject merchandise, such as a ``belly 
band'' around a pair of pajamas, a pair of socks or a blanket; (8) 
imitation raffia made of plastics having a thickness not more than 
one (1) mil when measured in an unfolded/untwisted state; and (9) 
ribbons in the form of bows having a diameter of less than seven-
eighths (\7/8\) of an inch, or having a diameter of more than 16 
inches, based on actual measurement. For purposes of this exclusion, 
the diameter of a bow is equal to the diameter of the smallest 
circular ring through which the bow will pass without compressing 
the bow.
    Further, excluded from the scope of the antidumping duty 
investigation are any products covered by the existing antidumping 
duty order on polyethylene terephthalate film, sheet, and strip (PET 
Film) from the People's Republic of China (China). See Polyethylene 
Terephthalate Film, Sheet, and Strip from Brazil, the People's 
Republic of China and the United Arab Emirates: Antidumping Duty 
Orders and Amended Final Determination of Sales at Less Than Fair 
Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008).
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 3920.20.0015 and 3926.40.0010.
    Merchandise covered by this investigation also may enter under 
subheadings 3920.10.0000; 3920.20.0055; 3920.30.0000; 3920.43.5000; 
3920.49.0000; 3920.62.0050; 3920.62.0090; 3920.69.0000; 
3921.90.1100; 3921.90.1500; 3921.90.1910; 3921.90.1950; 
3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000; 
9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000; 
5609.00.4000; and 6307.90.9889. These HTSUS subheadings are provided 
for convenience and customs purposes; the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Application of the CVD Law to Imports From China
VIII. Diversification of China's Economy
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation

[FR Doc. 2018-13429 Filed 6-21-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               29096                           Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices

                                               written notification of return or                       DEPARTMENT OF COMMERCE                                 Decision Memorandum.4 A list of topics
                                               destruction of APO materials, or                                                                               discussed in the Preliminary Decision
                                               conversion to judicial protective order,                International Trade Administration                     Memorandum is included as Appendix
                                               is hereby requested. Failure to comply                                                                         II to this notice. The Preliminary
                                               with the regulations and the terms of an                [C–570–076]                                            Decision Memorandum is a public
                                               APO is a sanctionable violation.                                                                               document and is on file electronically
                                                                                                       Certain Plastic Decorative Ribbon                      via Enforcement and Compliance’s
                                               Notification to Interested Parties                      From the People’s Republic of China:                   Antidumping and Countervailing Duty
                                                  This determination and this notice are               Preliminary Affirmative Countervailing                 Centralized Electronic Service System
                                               issued and published pursuant to                        Duty Determination and Alignment of                    (ACCESS). ACCESS is available to
                                               sections 735(d) and 777(i)(1) of the Act                Final Determination With Final                         registered users at http://
                                               and 19 CFR 351.210(c).                                  Antidumping Duty Determination                         access.trade.gov, and is available to all
                                                 Dated: June 18, 2018.                                 AGENCY:  Enforcement and Compliance,                   parties in the Central Records Unit,
                                               Gary Taverman,                                          International Trade Administration,                    Room B8024 of the main Department of
                                               Deputy Assistant Secretary for Antidumping              Department of Commerce.                                Commerce building. In addition, a
                                               and Countervailing Duty Operations,                                                                            complete version of the Preliminary
                                                                                                       SUMMARY: The Department of Commerce
                                               performing the non-exclusive functions and                                                                     Decision Memorandum can be accessed
                                                                                                       (Commerce) preliminarily determines                    directly at http://enforcement.trade.gov/
                                               duties of the Assistant Secretary for
                                                                                                       that countervailable subsidies are being               frn/. The signed and electronic versions
                                               Enforcement and Compliance.
                                                                                                       provided to producers and exporters of                 of the Preliminary Decision
                                               Appendix I                                              certain plastic decorative ribbon from                 Memorandum are identical in content.
                                                                                                       the People’s Republic of China (China).
                                               Scope of the Investigation                              The period of investigation is January 1,              Scope of the Investigation
                                                  The merchandise subject to this                      2016, through December 31, 2016.                         The products covered by this
                                               investigation is synthetic staple fibers, not
                                               carded or combed, specifically bi-component
                                                                                                       DATES: Applicable June 22, 2018.                       investigation are certain plastic
                                               polyester fibers having a polyester fiber               FOR FURTHER INFORMATION CONTACT:                       decorative ribbon from China. For a
                                               component that melts at a lower temperature             Maliha Khan or Nancy Decker, AD/CVD                    complete description of the scope of this
                                               than the other polyester fiber component                Operations, Office VII, Enforcement and                investigation, see Appendix I.
                                               (low melt PSF). The scope includes bi-                  Compliance, International Trade
                                               component polyester staple fibers of any
                                                                                                                                                              Scope Comments
                                                                                                       Administration, U.S. Department of
                                               denier or cut length. The subject
                                                                                                       Commerce, 1401 Constitution Avenue                        In accordance with the preamble to
                                               merchandise may be coated, usually with a                                                                      Commerce’s regulations,5 the Initiation
                                               finish or dye, or not coated.                           NW, Washington, DC 20230; telephone:
                                                                                                                                                              Notice set aside a period of time for
                                                  Low melt PSF is classifiable under the               202–482–0895 or 202–482–0196,
                                                                                                                                                              parties to raise issues regarding product
                                               Harmonized Tariff Schedule of the United                respectively.
                                                                                                                                                              coverage (i.e., scope).6 Certain interested
                                               States (HTSUS) subheading 5503.20.0015.                 SUPPLEMENTARY INFORMATION:
                                               Although the HTSUS subheading is provided                                                                      parties commented on the scope of the
                                               for convenience and customs purposes, the               Background                                             investigation as it appeared in the
                                               written description of the scope of the                                                                        Initiation Notice. Commerce is currently
                                               merchandise under the investigation is                     This preliminary determination is                   evaluating the scope comments filed by
                                               dispositive.                                            made in accordance with section 703(b)                 the interested parties. Commerce
                                                                                                       of the Tariff Act of 1930, as amended                  intends to issue its preliminary decision
                                               Appendix II                                             (the Act). Commerce published the                      regarding the scope of the AD and CVD
                                               List of Topics Discussed in the Issues and              notice of initiation of this investigation             investigations in the preliminary
                                               Decision Memorandum                                     on January 23, 2018.1 Commerce                         determination of the companion AD
                                               I. Summary                                              exercised its discretion to toll all                   investigation, which is currently due no
                                               II. Background                                          deadlines affected by the closure of the               later than July 30, 2018, unless
                                               III. Critical Circumstances                             Federal Government from January 20                     postponed. The preliminary scope
                                               IV. Scope of the Investigation                          through January 22, 2018.2 On March                    decision will be placed on the record of
                                               V. Margin Calculations                                  12, 2018, Commerce postponed the                       both the AD and CVD investigations,
                                               VI. Discussion of the Issues                            deadline for the preliminary                           and interested parties will have the
                                                  Huvis                                                determination of the investigation to the
                                                  1. Major Input Rule
                                                                                                                                                              opportunity to comment prior to the
                                                  2. U.S. Bank Charges
                                                                                                       full 130 days permitted under section                  final CVD determination.
                                                  3. Duty Drawback for Huvis                           703(c)(1)(A) of the Act and 19 CFR
                                                                                                                                                              Methodology
                                                  4. Critical Circumstances                            351.205(b)(2), and the revised deadline
                                                  5. Corrections Found at Verification                 is now May 29, 2018.3                                    Commerce is conducting this
                                                  TCK                                                     For a complete description of the                   investigation in accordance with section
                                                  6. Denier Range Reporting                            events that followed the initiation of                 701 of the Act. For each of the subsidy
                                                  7. U.S. Destination Reporting                        this investigation, see the Preliminary                programs found countervailable,
                                                  8. TCK’s Unpaid Sales                                                                                       Commerce preliminarily determines
                                                  9. Duty Drawback Adjustment for TCK                     1 See Certain Plastic Decorative Ribbon from the    that there is a subsidy, i.e., a financial
                                                  10. General and Administrative (G&A)                 People’s Republic of China: Initiation of
                                                     Expense Rate for TCK                              Countervailing Duty Investigation, 83 FR 3114            4 See Memorandum, ‘‘Decision Memorandum for
                                                  11. Financial Expense Rate
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       (January 23, 2018) (Initiation Notice).                the Preliminary Determination in the
                                                  12. TCK’s Affiliated Party Inputs                       2 See Memorandum, ‘‘Deadlines Affected by the       Countervailing Duty Investigation of Certain Plastic
                                                  13. Selling, General and Administrative              Shutdown of the Federal Government,’’ dated            Decorative Ribbon from the People’s Republic of
                                                     (SG&A) Expense Rate for Toray                     January 23, 2018. All deadlines in this segment of     China,’’ dated concurrently with, and hereby
                                                     International                                     the proceeding have been extended by three days.       adopted by, this notice (Preliminary Decision
                                               VII. Recommendation                                        3 See Certain Plastic Decorative Ribbon from the    Memorandum).
                                                                                                                                                                5 See Antidumping Duties; Countervailing Duties,
                                                                                                       People’s Republic of China: Postponement of
                                               [FR Doc. 2018–13448 Filed 6–21–18; 8:45 am]             Preliminary Determination in the Countervailing        Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                               BILLING CODE 3510–DS–P                                  Duty Investigation, 83 FR 10677 (March 12, 2018).        6 See Initiation Notice.




                                          VerDate Sep<11>2014   17:16 Jun 21, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\22JNN1.SGM   22JNN1


                                                                               Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices                                                    29097

                                               contribution by an ‘‘authority’’ that                     Commerce preliminarily determines                           when it issues the preliminary scope
                                               confers a benefit on the recipient, and                 that the following estimated                                  memorandum in this investigation.
                                               that the subsidy is specific.7 For a full               countervailable subsidy rates exist:                             Pursuant to 19 CFR 351.310(c),
                                               description of the methodology                                                                                        interested parties who wish to request a
                                               underlying our preliminary conclusions,                                                                      Subsidy  hearing, limited to issues raised in the
                                               see the Preliminary Decision                                     Producer/exporter                            rate    case and rebuttal briefs, must submit a
                                                                                                                                                           (percent) written request to the Assistant
                                               Memorandum.
                                                 In making these findings, we relied, in                                                                             Secretary for Enforcement and
                                                                                                       Joynice Gifts & Crafts Co., Ltd .....                   14.27
                                               part, on facts available and, because one                                                                             Compliance, U.S. Department of
                                                                                                       Seng San Enterprises Co., Ltd ....                      12.81
                                               or more respondents did not act to the                  Santa’s Collection Shaoxing Co.,
                                                                                                                                                                     Commerce within 30 days after the date
                                               best of their ability to respond to our                   Ltd .............................................     94.67 of publication of this notice. Requests
                                               requests for information, we drew an                    All-Others ......................................       13.54 should contain the party’s name,
                                               adverse inference where appropriate in                                                                                address, and telephone number, the
                                               selecting from among the facts                                                                                        number of participants, whether any
                                                                                                          In accordance with section                                 participant is a foreign national, and a
                                               otherwise available.8 For further                       703(d)(1)(B) and (d)(2) of the Act,
                                               information, see ‘‘Use of Facts                                                                                       list of the issues to be discussed. If a
                                                                                                       Commerce will direct U.S. Customs and request for a hearing is made, Commerce
                                               Otherwise Available and Adverse                         Border Protection (CBP) to suspend
                                               Inferences’’ in the Preliminary Decision                                                                              intends to hold the hearing at the U.S.
                                                                                                       liquidation of entries of subject                             Department of Commerce, 1401
                                               Memorandum.                                             merchandise as described in the scope                         Constitution Avenue NW, Washington,
                                               Preliminary Determination and                           of the investigation that were entered, or DC 20230, at a time and date to be
                                               Suspension of Liquidation                               withdrawn from warehouse, for                                 determined. Parties should confirm by
                                                                                                       consumption on or after the date of                           telephone the date, time, and location of
                                                 In accordance with section                            publication of this notice in the Federal the hearing two days before the
                                               703(d)(1)(A) of the Act, Commerce                       Register. Furthermore, pursuant to 19                         scheduled date.
                                               established rates for Joynice Gifts &                   CFR 351.205(d), Commerce will instruct                           Parties are reminded that briefs and
                                               Crafts Co., Ltd. (Joynice) and Seng San                 CBP to require a cash deposit equal to                        hearing requests are to be filed
                                               Enterprises Co., Ltd. (Seng Sen) (the two               the rates indicated above.                                    electronically using ACCESS and that
                                               individually investigated exporters/                                                                                  electronically filed documents must be
                                               producers of the subject merchandise                    Disclosure
                                                                                                                                                                     received successfully in their entirety by
                                               that participated in this investigation),                  Commerce intends to disclose its                           5 p.m. Eastern Time on the due date.
                                               and for Santa’s Collection Shaoxing Co.,                calculations and analysis to interested
                                               Ltd. (which is assigned a rate based on                                                                               International Trade Commission
                                                                                                       parties in this preliminary
                                               AFA) as well as an all-others rate.                                                                                   Notification
                                                                                                       determination within five days of its
                                                 In accordance with sections                           public announcement, or if there is no                           In accordance with section 703(f) of
                                               703(d)(1)(A) and 705(c)(5)(A) of the Act,               public announcement, within five days                         the Act, Commerce will notify the
                                               for companies not individually                          of the date of this notice in accordance                      International Trade Commission (ITC) of
                                               investigated, Commerce applies an ‘‘all-                with 19 CFR 351.224(b).                                       its determination. If Commerce’s final
                                               others’’ rate. The all-others rate is                                                                                 determination is affirmative, the ITC
                                               normally calculated by weight averaging                 Verification                                                  will make its final determination before
                                               the subsidy rates of the companies                                                                                    the later of 120 days after the date of this
                                                                                                          As provided in section 782(i)(1) of the
                                               selected for individual examination                                                                                   preliminary determination or 45 days
                                                                                                       Act, Commerce intends to verify the
                                               with those companies’ export sales of                                                                                 after Commerce’s final determination.
                                                                                                       information relied upon in making its
                                               the subject merchandise to the United                   final determination.                                          Notification to Interested Parties
                                               States, excluding any zero and de
                                               minimis rates calculated for the                        Public Comment                                                   This determination is issued and
                                               exporters and producers individually                                                                                  published pursuant to sections 703(f)
                                               investigated, and any rates determined                     Case briefs or other written comments and 777(i) of the Act and 19 CFR
                                               entirely under section 776 of the Act.                  may be submitted to the Assistant                             351.205(c).
                                                                                                       Secretary for Enforcement and                                    Dated: May 29, 2018.
                                                 In this investigation, Commerce
                                                                                                       Compliance no later than seven days                           Gary Taverman,
                                               calculated individual countervailable
                                                                                                       after the date on which the last
                                               subsidy rates for Joynice and Seng Sen                                                                                Deputy Assistant Secretary for Antidumping
                                                                                                       verification report is issued in this                         and Countervailing Duty Operations,
                                               that are not zero, de minimis, or based
                                                                                                       investigation. Rebuttal briefs, limited to performing the non-exclusive functions and
                                               entirely on facts otherwise available.
                                                                                                       issues raised in case briefs, may be                          duties of the Assistant Secretary for
                                               Because we do not have publicly ranged
                                                                                                       submitted no later than five days after                       Enforcement and Compliance.
                                               data from all company respondents with
                                                                                                       the deadline date for case briefs.9
                                               which to calculate the all-others rate                                                                                Appendix I
                                                                                                       Pursuant to 19 CFR 351.309(c)(2) and
                                               using a weighted-average of the
                                                                                                       (d)(2), parties who submit case briefs or                     Scope of the Investigation
                                               individual estimated subsidy rates, we
                                                                                                       rebuttal briefs in this investigation are                        The merchandise covered by this
                                               calculated the all-others rate using a
                                                                                                       encouraged to submit with each                                investigation is certain plastic decorative
                                               simple average of the individual                                                                                      ribbon having a width (measured at the
                                                                                                       argument: (1) A statement of the issue;
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                                               estimated subsidy rates calculated for                                                                                narrowest span of the ribbon) of less than or
                                                                                                       (2) a brief summary of the argument;
                                               the examined respondents.
                                                                                                       and (3) a table of authorities. Commerce equal to four (4) inches in actual
                                                                                                                                                                     measurement, including but not limited to
                                                 7 See sections 771(5)(B) and (D) of the Act
                                                                                                       intends to set a separate briefing                            ribbon wound onto itself; a spool, a core or
                                               regarding financial contribution; section 771(5)(E)
                                                                                                       schedule pertaining to scope issues                           a tube (with or without flanges); attached to
                                               of the Act regarding benefit; and section 771(5A) of                                                           a card or strip; wound into a keg- or egg-
                                               the Act regarding specificity.                            9 See 19 CFR 351.309; see also 19 CFR 351.303        shaped configuration; made into bows, bow-
                                                 8 See sections 776(a) and (b) of the Act.             (for general filing requirements).                     like items, or other shapes or configurations;



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                                               29098                           Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices

                                               and whether or not packaged or labeled for              the ribbon; (4) ribbon formed into a bow               Appendix II
                                               retail sale. The subject merchandise is                 without a tab or other means for attaching the
                                               typically made of substrates of                         bow to an object using adhesives, where the            List of Topics Discussed in the Preliminary
                                               polypropylene, but may be made in whole or                                                                     Decision Memorandum
                                                                                                       bow has: (a) An outer layer that is either
                                               in part of any type of plastic, including               flocked or made of fabric, and (b) a flexible          I. Summary
                                               without limitation, plastic derived from                metal wire at the base that is suitable for            II. Background
                                               petroleum products and plastic derived from             attaching the bow to a Christmas tree or other         III. Scope Comments
                                               cellulose products. Unless the context                                                                         IV. Scope of the Investigation
                                                                                                       object by twist-tying; (5) elastic ribbons,
                                               otherwise clearly indicates, the word                                                                          V. Respondent Selection
                                                                                                       meaning ribbons that elongate when
                                               ‘‘ribbon’’ used in the singular includes the                                                                   VI. Injury Test
                                               plural and the plural ‘‘ribbons’’ includes the          stretched and return to their original
                                                                                                                                                              VII. Application of the CVD Law to Imports
                                               singular.                                               dimension when the stretching load is
                                                                                                                                                                    From China
                                                  The subject merchandise includes ribbons             removed; (6) ribbons affixed as a decorative           VIII. Diversification of China’s Economy
                                               comprised of one or more layers of substrates           detail to non-subject merchandise, such as a           IX. Subsidies Valuation
                                               made, in whole or in part, of plastics adhered          gift bag, gift box, gift tin, greeting card or         X. Benchmarks
                                               to each other, regardless of the method used            plush toy, or affixed (including by tying) as          XI. Use of Facts Otherwise Available and
                                               to adhere the layers together, including                a decorative detail to packaging containing                  Adverse Inferences
                                               without limitation, ribbons comprised of                non-subject merchandise; (7) ribbons that are          XII. Analysis of Programs
                                               layers of substrates adhered to each other              (a) affixed to non-subject merchandise as a            XIII. Calculation of the All-Others Rate
                                               through a lamination process. Subject                   working component of such non-subject                  XIV. ITC Notification
                                               merchandise also includes ribbons                       merchandise, such as where the ribbon                  XV. Disclosure and Public Comment
                                               comprised of (a) one or more layers of                  comprises a book marker, bag cinch, or part            XVI. Verification
                                               substrates made, in whole or in part, of                of an identity card holder, or (b) affixed             XVII. Recommendation
                                               plastics adhered to (b) one or more layers of           (including by tying) to non-subject                    [FR Doc. 2018–13429 Filed 6–21–18; 8:45 am]
                                               substrates made, in whole or in part, of non-
                                                                                                       merchandise as a working component that                BILLING CODE 3510–DS–P
                                               plastic materials, including, without
                                                                                                       holds or packages such non-subject
                                               limitation, substrates made, in whole or in
                                               part, of fabric.                                        merchandise or attaches packaging or
                                                  The ribbons subject to this investigation            labeling to such non-subject merchandise,              DEPARTMENT OF COMMERCE
                                               may be of any color or combination of colors            such as a ‘‘belly band’’ around a pair of
                                               (including without limitation, ribbons that             pajamas, a pair of socks or a blanket; (8)             International Trade Administration
                                               are transparent, translucent or opaque) and             imitation raffia made of plastics having a
                                                                                                       thickness not more than one (1) mil when               [A–570–079]
                                               may or may not bear words or images,
                                               including without limitation, those of a                measured in an unfolded/untwisted state;
                                               holiday motif. The subject merchandise                  and (9) ribbons in the form of bows having
                                                                                                                                                              Cast Iron Soil Pipe From the People’s
                                               includes ribbons with embellishments and/or             a diameter of less than seven-eighths (7⁄8) of         Republic of China: Postponement of
                                               treatments, including, without limitation,              an inch, or having a diameter of more than             Preliminary Determination in the Less-
                                               ribbons that are printed, hot-stamped, coated,          16 inches, based on actual measurement. For            Than-Fair-Value Investigation
                                               laminated, flocked, crimped, die-cut,                   purposes of this exclusion, the diameter of a
                                               embossed (or that otherwise have impressed                                                                     AGENCY:  Enforcement and Compliance,
                                                                                                       bow is equal to the diameter of the smallest
                                               designs, images, words or patterns), and                                                                       International Trade Administration,
                                                                                                       circular ring through which the bow will
                                               ribbons with holographic, metallic, glitter or                                                                 Department of Commerce.
                                                                                                       pass without compressing the bow.
                                               iridescent finishes.                                                                                           DATES: Applicable June 22, 2018.
                                                                                                          Further, excluded from the scope of the
                                                  Subject merchandise includes ‘‘pull-bows’’
                                                                                                       antidumping duty investigation are any                 FOR FURTHER INFORMATION CONTACT: Paul
                                               an assemblage of ribbons connected to one
                                               another, folded flat, and equipped with a               products covered by the existing                       Walker at (202) 482–0413, AD/CVD
                                               means to form such ribbons into the shape               antidumping duty order on polyethylene                 Operations, Enforcement and
                                               of a bow by pulling on a length of material             terephthalate film, sheet, and strip (PET              Compliance, International Trade
                                               affixed to such assemblage, and ‘‘pre-                  Film) from the People’s Republic of China              Administration, U.S. Department of
                                               notched’’ bows, an assemblage of notched                (China). See Polyethylene Terephthalate                Commerce, 1401 Constitution Avenue
                                               ribbon loops arranged one inside the other              Film, Sheet, and Strip from Brazil, the                NW, Washington, DC 20230.
                                               with the notches in alignment and affixed to            People’s Republic of China and the United
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                               each other where notched, and which the                 Arab Emirates: Antidumping Duty Orders
                                               end user forms into a bow by separating and             and Amended Final Determination of Sales               Background
                                               spreading the loops circularly around the               at Less Than Fair Value for the United Arab
                                               notches, which form the center of the bow.              Emirates, 73 FR 66595 (November 10, 2008).                On February 15, 2018, the Department
                                               Subject merchandise includes ribbons that                  Merchandise covered by this investigation           of Commerce (Commerce) initiated less-
                                               are packaged with non-subject merchandise,              is currently classified in the Harmonized              than-fair-value (LTFV) investigation of
                                               including ensembles that include ribbons                Tariff Schedule of the United States (HTSUS)           imports of cast iron soil pipe from the
                                               and other products, such as gift wrap, gift             under subheadings 3920.20.0015 and                     People’s Republic of China (China).1
                                               bags, gift tags and/or other gift packaging             3926.40.0010.                                          Currently, the preliminary
                                               products. The ribbons are covered by the                   Merchandise covered by this investigation           determination is due no later than July
                                               scope of this investigation; the ‘‘other
                                               products’’ (i.e., the other, non-subject
                                                                                                       also may enter under subheadings                       5, 2018.
                                                                                                       3920.10.0000; 3920.20.0055; 3920.30.0000;
                                               merchandise included in the ensemble) are                                                                      Postponement of Preliminary
                                                                                                       3920.43.5000; 3920.49.0000; 3920.62.0050;
                                               not covered by the scope of this                                                                               Determinations
                                               investigation.                                          3920.62.0090; 3920.69.0000; 3921.90.1100;
                                                  Excluded from the scope of this                      3921.90.1500; 3921.90.1910; 3921.90.1950;                Section 733(b)(1)(A) of the Tariff Act
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                                               investigation are the following: (1) Ribbons            3921.90.4010; 3921.90.4090; 3926.90.9996;              of 1930, as amended (the Act), requires
                                               formed exclusively by weaving plastic                   5404.90.0000; 9505.90.4000; 4601.99.9000;              Commerce to issue the preliminary
                                               threads together; (2) ribbons that have metal           4602.90.0000; 5609.00.3000; 5609.00.4000;              determination in an LTFV investigation
                                               wire in, on, or along the entirety of each of           and 6307.90.9889. These HTSUS
                                               the longitudinal edges of the ribbon; (3)               subheadings are provided for convenience                 1 See Cast Iron Soil Pipe from the People’s
                                               ribbons with an adhesive coating covering               and customs purposes; the written                      Republic of China: Initiation of Less-Than-Fair-
                                               the entire span between the longitudinal                description of the scope of this investigation         Value Investigation, 83 FR 8053 (February 23,
                                               edges of the ribbon for the entire length of            is dispositive.                                        2018).



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Document Created: 2018-11-06 09:50:34
Document Modified: 2018-11-06 09:50:34
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 June 22, 2018.
ContactMaliha Khan or Nancy Decker, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-0895 or 202-482-0196, respectively.
FR Citation83 FR 29096 

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