83 FR 3126 - Certain Plastic Decorative Ribbon From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 15 (January 23, 2018)
International Trade Administration
Federal Register Volume 83, Issue 15 (January 23, 2018)
| Page Range | 3126-3131 | |
| FR Document | 2018-01148 |
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)] [Notices] [Pages 3126-3131] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01148] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-075] Certain Plastic Decorative Ribbon From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable January 16, 2018. FOR FURTHER INFORMATION CONTACT: Mark Hoadley at (202) 482-3148, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On December 27, 2017, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) Petition concerning imports of certain plastic decorative ribbon (plastic decorative ribbon) from the People's Republic of China (China), filed in proper form on behalf of Berwick Offray, LLC (the petitioner).\1\ The AD Petition was accompanied by a countervailing duty (CVD) petition concerning imports of plastic decorative ribbon from China. The petitioner is a domestic producer of plastic decorative ribbon.\2\ --------------------------------------------------------------------------- \1\ See Letter to the Secretary of Commerce, ``Certain Plastic Decorative Ribbon from the People's Republic of China: Petitions for the Imposition of Antidumping and Countervailing Duties'' (December 27, 2017) (the Petition). \2\ See Volume I of the Petition, at 3 and Exhibit I-3. --------------------------------------------------------------------------- On January 2, 2018, Commerce requested supplemental information pertaining to certain areas of the Petition.\3\ The petitioner filed responses to these requests, including revised scope language, on January 5, 2018.\4\ On January 12, 2018, the petitioner filed a submission clarifying the scope language.\5\ --------------------------------------------------------------------------- \3\ See Letter from Commerce, ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Plastic Decorative Ribbon from the People's Republic of China: Supplemental Questions'' dated January 2, 2018 (General Issues Supplemental Questions); see also Letter from Commerce, ``Petition for the Imposition of Antidumping Duties on Imports of Certain Plastic Decorative Ribbons from the People's Republic of China: Supplemental Questions'' dated January 2, 2018 (AD Supplemental Questions). \4\ See Letter from the petitioner, ``Certain Plastic Decorative Ribbon from the People's Republic of China: Response to the Department's January 2, 2018 Supplemental Questions Regarding Volumes I and II of the Petition for the Imposition of Antidumping and Countervailing Duties'' dated January 5, 2018 (General Issues and China AD Supplement). \5\ See Letter from the petitioner, ``Certain Plastic Decorative Ribbon from the People's Republic of China: Amendment to the Petition for the Imposition of Antidumping and Countervailing Duties'' dated January 12, 2018 (Scope Clarification). --------------------------------------------------------------------------- In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of plastic decorative ribbon from China 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 plastic decorative ribbon in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed this Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) and (F) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the AD investigation that the petitioner is requesting.\6\ --------------------------------------------------------------------------- \6\ See the ``Determination of Industry Support for the Petition'' section, below. --------------------------------------------------------------------------- Period of Investigation Because the Petition was filed on December 27, 2017, and China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the POI for this investigation is April 1, 2017, through September 30, 2017. Scope of the Investigation The products covered by this investigation are plastic decorative ribbon from China. 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 petitioner 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.\7\ --------------------------------------------------------------------------- \7\ See General Issues Supplemental Questions and AD Supplemental Questions; see also General Issues and China AD Supplement, at 2-4 and Exhibit COM-Supp-2; and Scope Clarification. --------------------------------------------------------------------------- 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).\8\ 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,\9\ 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, February 5, 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, February 15, 2018, which is 10 calendar days from the initial comments deadline.\10\ --------------------------------------------------------------------------- \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \9\ See 19 CFR 351.102(b)(21) (defining ``factual information''). \10\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- 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 each of the concurrent AD and CVD investigations. [[Page 3127]] 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).\11\ 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. --------------------------------------------------------------------------- \11\ 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. --------------------------------------------------------------------------- Comments on Product Characteristics for AD Questionnaires Commerce will provide interested parties an opportunity to comment on the appropriate physical characteristics of plastic decorative ribbon 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 costs of production accurately as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel 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 (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 plastic decorative ribbon, 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 February 5, 2018. Any rebuttal comments must be filed by 5:00 p.m. ET on February 15, 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,\12\ 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.\13\ --------------------------------------------------------------------------- \12\ See section 771(10) of the Act. \13\ 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)). --------------------------------------------------------------------------- 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 petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that plastic decorative ribbon, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\14\ --------------------------------------------------------------------------- \14\ For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Certain Plastic Decorative Ribbon from the People's Republic of China (China AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Plastic Decorative Ribbon from the People's Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioner has 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. The petitioner provided its own 2016 production of the domestic like product, and compared this to the estimated total production of the domestic like product for the entire domestic industry.\15\ We relied on data the petitioner provided for purposes of measuring industry support.\16\ --------------------------------------------------------------------------- \15\ See Volume I of the Petition, at 3 and Exhibit I-3; see also General Issues and China AD Supplement, at 4. \16\ Id. For further discussion, see China AD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petition, General Issues and China AD Supplement, and other information readily available to Commerce indicates [[Page 3128]] that the petitioner has established industry support for the Petition.\17\ 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).\18\ 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.\19\ 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.\20\ 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. --------------------------------------------------------------------------- \17\ See China AD Initiation Checklist, at Attachment II. \18\ See section 732(c)(4)(D) of the Act; see also China AD Initiation Checklist, at Attachment II. \19\ See China AD Initiation Checklist, at Attachment II. \20\ Id. --------------------------------------------------------------------------- Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the AD investigation that it is requesting that Commerce initiate.\21\ --------------------------------------------------------------------------- \21\ Id. --------------------------------------------------------------------------- Allegations and Evidence of Material Injury and Causation The petitioner alleges 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 petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\22\ --------------------------------------------------------------------------- \22\ See Volume I of the Petition, at 13 and Exhibit I-7; see also General Issues and China AD Supplement, at 4-5 and Exhibit COM- Supp-3. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; lost sales and revenues; and a negative impact on the domestic industry's performance.\23\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, negligibility, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\24\ --------------------------------------------------------------------------- \23\ See Volume I of the Petition, at 12-13, 20-35 and Exhibits I-7, I-9, and I-10; see also General Issues and China AD Supplement, at 4-5 and Exhibits COM-Supp-3 and COM-Supp-4. \24\ See China AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Plastic Decorative Ribbon from the People's Republic of China (Attachment III). --------------------------------------------------------------------------- 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 plastic decorative ribbon from China. The sources of data for the petitioner's calculations relating to U.S. price and NV are discussed in greater detail in the initiation checklist.\25\ --------------------------------------------------------------------------- \25\ See China AD Initiation Checklist. --------------------------------------------------------------------------- Export Price The petitioner based U.S. price on export price (EP) using price quotes for sales of plastic decorative ribbon produced in and exported from China to unaffiliated U.S. customers.\26\ --------------------------------------------------------------------------- \26\ Id. --------------------------------------------------------------------------- Normal Value Commerce considers China to be a non-market economy (NME) country.\27\ 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 China has not been revoked by Commerce and, therefore, remains in effect for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on factors of production (FOPs) valued in a surrogate market economy country, in accordance with section 773(c) of the Act.\28\ --------------------------------------------------------------------------- \27\ See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair-Value and Postponement of Final Determination, 82 FR 50858, 50871 (November 2, 2017), and accompanying decision memorandum, China's Status as a Non-Market Economy; see also Volume II of the Petitions, at 10-11. \28\ See China AD Initiation Checklist. --------------------------------------------------------------------------- The petitioner states that Thailand is an appropriate surrogate country for China, because it is a market economy country that is at a level of economic development comparable to that of China, it is a significant producer of comparable merchandise, and public information from Thailand is available to value all material input factors.\29\ Based on the information provided by the petitioner, we determine that it is appropriate to use Thailand as a surrogate country for initiation purposes. --------------------------------------------------------------------------- \29\ See Volume II of the Petition at 7-9 and Exhibit II-5. --------------------------------------------------------------------------- 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 Because information regarding the volume of inputs consumed by Chinese producers/exporters is not available, the petitioner relied on its own production experience as a domestic producer of plastic decorative ribbon in the United States as an estimate of Chinese manufacturers' FOPs.\30\ The petitioner valued the estimated FOPs using surrogate values from Thailand.\31\ Additionally, for the surrogate values denominated in Thai Baht, the petitioner converted Thai Baht prices into U.S. Dollars using the average exchange rate available on Commerce's website.\32\ --------------------------------------------------------------------------- \30\ Id. at 9 and Exhibit II-2. \31\ Id. at 17 and Exhibits II-10. \32\ Id. at 16 and Exhibit II-10. --------------------------------------------------------------------------- Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of plastic decorative ribbon from China 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 plastic decorative ribbon from China range from 74.34 percent to 370.04 percent.\33\ --------------------------------------------------------------------------- \33\ See Volume II of the Petition at 22 and Exhibit II-10. --------------------------------------------------------------------------- Initiation of the Less-Than-Fair-Value Investigation Based upon the 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 plastic decorative ribbon from China are being, or are likely to be, [[Page 3129]] 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.\34\ 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.\35\ 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.\36\ --------------------------------------------------------------------------- \34\ See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). \35\ 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). \36\ Id. at 46794-95. The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. --------------------------------------------------------------------------- Respondent Selection The petitioner named 51 producers/exporters of plastic decorative ribbon from China.\37\ In accordance with our standard practice for respondent selection in AD cases involving NME countries, we intend to issue quantity and value (Q&V) 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, where appropriate, Commerce intends to select mandatory respondents based on the 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 questionnaires along with filing instructions on Enforcement and Compliance's website at http://www.trade.gov/enforcement/news.asp. --------------------------------------------------------------------------- \37\ See Volume I of the Petition at Exhibit I-6. --------------------------------------------------------------------------- Producers/exporters of plastic decorative ribbon from China 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 response must be submitted by the relevant Chinese exporters/producers no later than 5:00 p.m. ET on January 30, 2018. All Q&V 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.\38\ 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.\39\ 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 China 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 response will not receive separate-rate consideration. --------------------------------------------------------------------------- \38\ 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). \39\ 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. --------------------------------------------------------------------------- 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.\40\ --------------------------------------------------------------------------- \40\ See Policy Bulletin 05.1 at 6 (emphasis added). --------------------------------------------------------------------------- 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 China 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 plastic decorative ribbon from China, are materially injuring or threatening material injury to a U.S. industry.\41\ A negative ITC determination will result in the investigation being terminated.\42\ Otherwise, the investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \41\ See section 733(a) of the Act. \42\ Id. --------------------------------------------------------------------------- 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 \43\ 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.\44\ 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 [[Page 3130]] information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. --------------------------------------------------------------------------- \43\ See 19 CFR 351.301(b). \44\ 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 the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\45\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives.\46\ Investigations initiated on the basis of Petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. --------------------------------------------------------------------------- \45\ See section 782(b) of the Act. \46\ See Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); 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. 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: January 16, 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 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; 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 [[Page 3131]] 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. [FR Doc. 2018-01148 Filed 1-22-18; 8:45 am] BILLING CODE 3510-DS-P
![3126 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
States (HTSUS). While HTSUS subheadings domestic producer of plastic decorative POI for this investigation is April 1,
and ASTM specifications are provided for ribbon.2 2017, through September 30, 2017.
convenience and customs purposes, the On January 2, 2018, Commerce
written description of the scope is Scope of the Investigation
dispositive.
requested supplemental information
pertaining to certain areas of the The products covered by this
Appendix II—List of Topics Discussed Petition.3 The petitioner filed responses investigation are plastic decorative
in the Preliminary Decision to these requests, including revised ribbon from China. For a full
Memorandum scope language, on January 5, 2018.4 On description of the scope of this
I. Summary January 12, 2018, the petitioner filed a investigation, see the ‘‘Scope of the
II. Background submission clarifying the scope Investigation,’’ in the Appendix to this
III. Scope Comments language.5 notice.
IV. Scope of the Investigation In accordance with section 732(b) of
V. Injury Test the Tariff Act of 1930, as amended (the Comments on Scope of the Investigation
VI. Application of the CVD Law to Imports Act), the petitioner alleges that imports
from China During our review of the Petition,
of plastic decorative ribbon from China
VII. Use of Facts Otherwise Available and Commerce issued questions to, and
Adverse Inferences
are being, or are likely to be, sold in the
received responses from, the petitioner
VIII. Calculation of the All-Others Rate United States at less than fair value
pertaining to the proposed scope to
IX. ITC Notification within the meaning of section 731 of the
ensure that the scope language in the
X. Public Comment Act, and that such imports are
Petition would be an accurate reflection
XI. Conclusion materially injuring, or threatening
of the products for which the domestic
[FR Doc. 2018–01145 Filed 1–22–18; 8:45 am] material injury to, the domestic industry
industry is seeking relief.7
BILLING CODE 3510–DS–P
producing plastic decorative ribbon in
the United States. Consistent with As discussed in the preamble to
section 732(b)(1) of the Act, the Petition Commerce’s regulations, we are setting
DEPARTMENT OF COMMERCE is accompanied by information aside a period for interested parties to
reasonably available to the petitioner raise issues regarding product coverage
International Trade Administration supporting its allegations. (scope).8 Commerce will consider all
Commerce finds that the petitioner comments received from interested
[A–570–075] filed this Petition on behalf of the parties and, if necessary, will consult
domestic industry because the with interested parties prior to the
Certain Plastic Decorative Ribbon petitioner is an interested party as issuance of the preliminary
From the People’s Republic of China: defined in section 771(9)(C) and (F) of determination. If scope comments
Initiation of Less-Than-Fair-Value the Act. Commerce also finds that the include factual information,9 all such
Investigation petitioner demonstrated sufficient factual information should be limited to
industry support with respect to the public information. To facilitate
AGENCY: Enforcement and Compliance, initiation of the AD investigation that preparation of its questionnaires,
International Trade Administration, the petitioner is requesting.6 Commerce requests all interested parties
Department of Commerce. to submit such comments by 5:00 p.m.
DATES: Applicable January 16, 2018.
Period of Investigation Eastern Time (ET) on Monday, February
Because the Petition was filed on 5, 2018, which is 20 calendar days from
FOR FURTHER INFORMATION CONTACT:
December 27, 2017, and China is a non- the signature date of this notice. Any
Mark Hoadley at (202) 482–3148, AD/
market economy (NME) country, rebuttal comments, which may include
CVD Operations, Enforcement and
pursuant to 19 CFR 351.204(b)(1), the factual information, must be filed by
Compliance, International Trade
5:00 p.m. ET on Thursday, February 15,
Administration, U.S. Department of
2 See Volume I of the Petition, at 3 and Exhibit 2018, which is 10 calendar days from
Commerce, 1401 Constitution Avenue
I–3. the initial comments deadline.10
NW, Washington, DC 20230. 3 See Letter from Commerce, ‘‘Petitions for the
Commerce requests that any factual
SUPPLEMENTARY INFORMATION: Imposition of Antidumping and Countervailing
Duties on Imports of Certain Plastic Decorative information the parties consider
The Petition Ribbon from the People’s Republic of China: relevant to the scope of the investigation
Supplemental Questions’’ dated January 2, 2018 be submitted during this time period.
On December 27, 2017, the U.S. (General Issues Supplemental Questions); see also However, if a party subsequently finds
Department of Commerce (Commerce) Letter from Commerce, ‘‘Petition for the Imposition
of Antidumping Duties on Imports of Certain Plastic that additional factual information
received an antidumping duty (AD)
Decorative Ribbons from the People’s Republic of pertaining to the scope of the
Petition concerning imports of certain China: Supplemental Questions’’ dated January 2, investigation may be relevant, the party
plastic decorative ribbon (plastic 2018 (AD Supplemental Questions). may contact Commerce and request
decorative ribbon) from the People’s 4 See Letter from the petitioner, ‘‘Certain Plastic
permission to submit the additional
Republic of China (China), filed in Decorative Ribbon from the People’s Republic of
China: Response to the Department’s January 2, information. All such comments must
proper form on behalf of Berwick
2018 Supplemental Questions Regarding Volumes I be filed on the records of each of the
Offray, LLC (the petitioner).1 The AD and II of the Petition for the Imposition of concurrent AD and CVD investigations.
Petition was accompanied by a Antidumping and Countervailing Duties’’ dated
countervailing duty (CVD) petition January 5, 2018 (General Issues and China AD
sradovich on DSK3GMQ082PROD with NOTICES
7 See General Issues Supplemental Questions and
concerning imports of plastic decorative Supplement).
5 See Letter from the petitioner, ‘‘Certain Plastic AD Supplemental Questions; see also General
ribbon from China. The petitioner is a Decorative Ribbon from the People’s Republic of Issues and China AD Supplement, at 2–4 and
China: Amendment to the Petition for the Exhibit COM-Supp-2; and Scope Clarification.
8 See Antidumping Duties; Countervailing Duties,
1 See Letter to the Secretary of Commerce, Imposition of Antidumping and Countervailing
‘‘Certain Plastic Decorative Ribbon from the Duties’’ dated January 12, 2018 (Scope Final Rule, 62 FR 27296, 27323 (May 19, 1997).
People’s Republic of China: Petitions for the Clarification). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
Imposition of Antidumping and Countervailing 6 See the ‘‘Determination of Industry Support for information’’).
Duties’’ (December 27, 2017) (the Petition). the Petition’’ section, below. 10 See 19 CFR 351.303(b).
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![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3131
a diameter of less than seven-eighths (7⁄8) of Washington, DC 20230 (or via the Longline and Purse seine category
an inch, or having a diameter of more than internet at pracomments@doc.gov). vessels. NMFS intends to consider
16 inches, based on actual measurement. For integrating the electronic dealer
FOR FURTHER INFORMATION CONTACT:
purposes of this exclusion, the diameter of a
Requests for additional information or reporting for bluefin tuna and electronic
bow is equal to the diameter of the smallest
circular ring through which the bow will copies of the information collection reporting for the IBQ system; however,
pass without compressing the bow. instrument and instructions should be at this time, dealers must submit limited
Further, excluded from the scope of the directed to Dianne Stephan, Atlantic bluefin tuna landings data to both
antidumping duty investigation are any Highly Migratory Species Management NMFS systems for purse seine and
products covered by the existing Division, National Marine Fisheries pelagic longline vessels.
antidumping duty order on polyethylene Service, 55 Great Republic Drive, International trade tracking programs
terephthalate film, sheet, and strip (PET
Gloucester, MA 01930, (978) 281–9260 are required by both the International
Film) from the People’s Republic of China
(China). See Polyethylene Terephthalate or Dianne.Stephan@noaa.gov. Commission for the Conservation of
Film, Sheet, and Strip from Brazil, the SUPPLEMENTARY INFORMATION: Atlantic Tunas (ICCAT) and the Inter-
People’s Republic of China and the United American Tropical Tuna Commission
Arab Emirates: Antidumping Duty Orders I. Abstract (IATTC) to account for all international
and Amended Final Determination of Sales This request is for extension of a trade of covered species. The U.S. is a
at Less Than Fair Value for the United Arab currently approved information member of ICCAT and IATTC and
Emirates, 73 FR 66595 (November 10, 2008). required by ATCA and the Tunas
collection.
Merchandise covered by this investigation
Under the provisions of the Convention Act (16 U.S.C. 951 et. seq.,
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) Magnuson-Stevens Fishery consecutively) to promulgate
under subheadings 3920.20.0015 and Conservation and Management Act (16 regulations as necessary and appropriate
3926.40.0010. Merchandise covered by this U.S.C. 1801 et seq.), the National Marine to implement ICCAT and IATTC
investigation also may enter under Fisheries Service (NMFS) is responsible recommendations. These programs
subheadings 3920.10.0000; 3920.20.0055; for management of the Nation’s marine require that a statistical document or
3920.30.0000; 3920.43.5000; 3920.49.0000; fisheries. NMFS must also promulgate catch document accompany each export
3920.62.0050; 3920.62.0090; 3920.69.0000; from and import to a member nation,
regulations, as necessary and
3921.90.1100; 3921.90.1500; 3921.90.1910; and that a re-export certificate
3921.90.1950; 3921.90.4010; 3921.90.4090; appropriate, to carry out obligations the
3926.90.9996; 5404.90.0000; 9505.90.4000; United States (U.S.) undertakes accompany each re-export. The
4601.99.9000; 4602.90.0000; 5609.00.3000; internationally regarding tuna international trade reporting
5609.00.4000; and 6307.90.9889. These management through the Atlantic Tunas requirements covered by this collection
HTSUS subheadings are provided for Convention Act (ATCA, 16 U.S.C. 971 et include implementation of catch
convenience and customs purposes; the seq.). document, statistical document, and re-
written description of the scope of this This collection serves as a family of export certificate trade tracking
investigation is dispositive. forms for Atlantic highly migratory programs for bluefin tuna, frozen bigeye
[FR Doc. 2018–01148 Filed 1–22–18; 8:45 am] species (HMS) dealer reporting, tuna, and swordfish. An electronic catch
BILLING CODE 3510–DS–P including purchases of HMS from document program for bluefin tuna
domestic fishermen, and the import, (EBCD) was recommended by ICCAT
export, and/or re-export of HMS, and implemented by the United States
DEPARTMENT OF COMMERCE including federally managed tunas, in 2016 (0648–BF17). U.S. regulations
sharks, and swordfish. implementing ICCAT statistical
National Oceanic and Atmospheric Transactions covered under this document and catch document
Administration collection include purchases of Atlantic programs require statistical documents
HMS from domestic fishermen; and the and catch documents for international
Proposed Information Collection; transactions of the covered species from
import/export of all bluefin tuna, frozen
Comment Request; Highly Migratory all ocean areas, so Pacific imports and
bigeye tuna, southern bluefin tuna or
Species Dealer Reporting Family of exports must also be accompanied by
swordfish under the HMS International
Forms statistical documents and catch
Trade Program, regardless of geographic
AGENCY: National Oceanic and area of origin. This information is used documents. Since there are statistical
Atmospheric Administration, to monitor the harvest of domestic document programs in place under
Commerce. fisheries, and/or track international other international conventions (e.g., the
ACTION: Notice. trade of internationally managed Indian Ocean Tuna Commission), a
species. statistical document or catch document
SUMMARY: The Department of The domestic dealer reporting from another program may be used to
Commerce, as part of its continuing covered by this collection includes satisfy the statistical document
effort to reduce paperwork and weekly electronic landing reports and requirement for imports into the United
respondent burden, invites the general negative reports (i.e., reports of no States.
public and other Federal agencies to activity) of Atlantic swordfish, sharks, Dealers who internationally trade
take this opportunity to comment on bigeye tuna, albacore, yellowfin, and Southern bluefin tuna are required to
proposed and/or continuing information skipjack tunas (collectively referred to participate in a trade tracking program
collections, as required by the as BAYS tunas), and biweekly and to ensure that imported Atlantic and
Paperwork Reduction Act of 1995. electronic daily landing reports for Pacific bluefin tuna will not be
sradovich on DSK3GMQ082PROD with NOTICES
DATES: Written comments must be bluefin tuna, including tagging of intentionally mislabeled as ‘‘southern
submitted on or before March 26, 2018. individual fish. Because of the recent bluefin’’ to circumvent reporting
ADDRESSES: Direct all written comments development of an individual bluefin requirements. This action is authorized
to Jennifer Jessup, Departmental quota (IBQ) management system (RIN under ATCA, which provides for the
Paperwork Clearance Officer, 0648–BC09), electronic entry of IBQ- promulgation of regulations as may be
Department of Commerce, Room 6616, related landing data is required for necessary and appropriate to carry out
14th and Constitution Avenue NW, Atlantic bluefin tuna purchased from ICCAT recommendations.
VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1](https://thefederalregister.org/doc/83_FR_3141/page/6.svg)
Document Created: 2018-01-23 01:08:27
Document Modified: 2018-01-23 01:08:27
| 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 | Applicable January 16, 2018. | |
| Contact | Mark Hoadley at (202) 482-3148, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 3126 |
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