83_FR_31860 83 FR 31729 - Rubber Bands From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination

83 FR 31729 - Rubber Bands From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 131 (July 9, 2018)

Page Range31729-31731
FR Document2018-14633

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of rubber bands from the People's Republic of China (China) for the period of investigation of January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 131 (Monday, July 9, 2018)
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31729-31731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14633]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-070]


Rubber Bands From the People's Republic of China: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping 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 rubber bands from the People's Republic of China (China) 
for the period of investigation of January 1, 2017, through December 
31, 2017. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-4793.

[[Page 31730]]


SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). On February 20, 
2018, we initiated a countervailing duty (CVD) investigation of rubber 
bands from China.\1\ On April 12, 2018, in accordance with section 
703(c)(1)(A) of the Act, we postponed the preliminary determination of 
this investigation to July 2, 2018.\2\
---------------------------------------------------------------------------

    \1\ See Rubber Bands from Thailand, the People's Republic of 
China, and Sri Lanka: Initiation of Countervailing Duty 
Investigations, 83 FR 8429 (February 27, 2018) (Initiation Notice).
    \2\ See Rubber Bands from Thailand and the People's Republic of 
China: Postponement of Preliminary Determinations in the 
Countervailing Duty Investigations, 83 FR 15789 (April 12, 2018).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included in Appendix II of 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 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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Rubber Bands 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 rubber bands from 
China. For a complete description of the scope of this investigation, 
see Appendix I.

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 contribution by an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific.\4\
---------------------------------------------------------------------------

    \4\ 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 solely on facts available 
because neither the Government of China nor any of the selected 
mandatory respondent companies responded to the questionnaire.\5\ 
Further, because these parties did not act to the best of their ability 
to respond to Commerce's requests for information, we drew an adverse 
inference in selecting from among the facts otherwise available.\6\ For 
further information, see Preliminary Decision Memorandum at ``Use of 
Facts Otherwise Available and Adverse Inferences.''
---------------------------------------------------------------------------

    \5\ Because the respondents in this investigation did not 
provide information requested by Commerce, and Commerce 
preliminarily determines each of the respondents to be 
uncooperative, we will not conduct verification.
    \6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are 
aligning the final CVD determination in this investigation with the 
final determination in the companion antidumping duty (AD) 
investigation of rubber bands based on a request made by the 
petitioner.\7\ Consequently, the final CVD determination will be issued 
on the same date as the final AD determination, which is currently 
scheduled to be issued no later than November 13, 2018, unless 
postponed.\8\
---------------------------------------------------------------------------

    \7\ The petitioner in this investigation is Alliance Rubber Co. 
See Letter from the petitioner, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Rubber Bands from Thailand 
and China--Petitioner's Request for Postponement of the Preliminary 
Determinations,'' dated March 27, 2018.
    \8\ The AD preliminary determination was postponed to no later 
than August 29, 2018, see Rubber Bands from the People's Republic of 
China and Thailand: Postponement of Preliminary Determinations in 
the Less-Than-Fair-Value Investigations, 83 FR 29748 (June 26, 
2018). Therefore, the AD final determination is currently due for 
signature no later than Monday, November 12, 2018, which is a 
federal holiday. Commerce's practice dictates that where a deadline 
falls on a weekend or federal holiday, the appropriate deadline is 
the next business day (see Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005). As such, the AD final determination signature 
date rolls to Tuesday, November 13, 2018.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d)(1)(A) and 705(c)(5)(A) of the Act provide that 
Commerce shall determine an estimated all-others rate for companies not 
individually examined. This rate shall be an amount equal to the 
weighted average of the estimated subsidy rates established for those 
companies individually examined, excluding any zero and de minimis 
rates and any rates based entirely under section 776 of the Act.\9\ In 
this investigation, Commerce preliminarily assigned a rate based 
entirely on facts available to each of the mandatory respondents. There 
is no other information on the record with which to determine an all-
others rate. As a result, in accordance with section 705(c)(5)(A)(ii) 
of the Act, we are using ``any reasonable method'' and have established 
the all-others rate by applying the countervailable subsidy rate 
assigned to the mandatory respondents.
---------------------------------------------------------------------------

    \9\ See section 705(c)(5)(A)(i) of the Act.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Graceful Imp. & Exp. Co., Ltd...........................          125.77
Moyoung Trading Co., Ltd................................          125.77
Ningbo Syloon Imp & Exp Co., Ltd........................          125.77
All-Others..............................................          125.77
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(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 entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of this notice in the Federal 
Register. Further, pursuant to section 703(d)(1)(B) of the Act and 19 
CFR 351.205(d), Commerce will instruct CBP to require a cash deposit 
equal to the rates indicated above.

Public Comment

    Interested parties may submit case and rebuttal briefs, as well as 
request a hearing. Case briefs or other written comments may be 
submitted to the Assistant Secretary for Enforcement and Compliance via 
ACCESS no later than 30 days after the publication of the preliminary 
determination in the Federal Register.\10\ Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days

[[Page 31731]]

after the deadline date for case briefs.\11\ 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.\12\ This summary should be 
limited to five pages total, including footnotes.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See 19 CFR 351.309(d)(1).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 within 30 days after the date of publication 
of this notice in the Federal Register via ACCESS. Hearing 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. Prior to the date of the hearing, Commerce 
will contact all parties that submitted case or rebuttal briefs to 
determine if they wish to participate in the hearing. Commerce will 
then provide a hearing schedule to the parties prior to the hearing and 
only those parties listed on the schedule may present issues raised in 
their briefs. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
    Electronically filed documents must be received successfully in 
their entirety by 5:00 p.m. Eastern Time,\13\ on the due dates 
established above.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of its determination. In addition, Commerce will make available to 
the ITC all non-privileged and non-proprietary information relating to 
this investigation. Commerce will allow the ITC access to all 
privileged and business proprietary information in the files, provided 
the ITC confirms that it will not disclose such information, either 
publicly or under an APO, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    Pursuant to section 705(b)(2) of the Act, 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: July 2, 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 products subject to this investigation are bands made of 
vulcanized rubber, with a flat length, as actually measured end-to-
end by the band lying flat, no less than \1/2\ inch and no greater 
than 10 inches; with a width, which measures the dimension 
perpendicular to the length, actually of at least 3/64 inch and no 
greater than 2 inches; and a wall thickness actually from 0.020 inch 
to 0.125 inch. Vulcanized rubber has been chemically processed into 
a more durable material by the addition of sulfur or other 
equivalent curatives or accelerators. Subject products are included 
regardless of color or inclusion of printed material on the rubber 
band's surface, including but not limited to, rubber bands with 
printing on them, such as a product name, advertising, or slogan, 
and printed material (e.g., a tag) fastened to the rubber band by an 
adhesive or another temporary type of connection. The scope includes 
vulcanized rubber bands which are contained or otherwise exist in 
various forms and packages, such as, without limitation, vulcanized 
rubber bands included within a desk accessory set or other type of 
set or package, and vulcanized rubber band balls. The scope excludes 
products that consist of an elastomer loop and durable tag all-in-
one, and bands that are being used at the time of import to fasten 
an imported product. Merchandise covered by this investigation is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheading 4016.99.3510. Merchandise covered by 
the scope may also enter under HTSUS subheading 4016.99.6050. While 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the 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. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports from China
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Calculation of the All-Others Rate
X. Conclusion

[FR Doc. 2018-14633 Filed 7-6-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                                  31729

                                                Public Comment                                           will make available to the ITC all non-               and packages, such as, without limitation,
                                                                                                         privileged and non-proprietary                        vulcanized rubber bands included within a
                                                   Interested parties may submit case                                                                          desk accessory set or other type of set or
                                                and rebuttal briefs, as well as request a                information relating to this
                                                                                                                                                               package, and vulcanized rubber band balls.
                                                hearing. Case briefs or other written                    investigation. Commerce will allow the                The scope excludes products that consist of
                                                comments may be submitted to the                         ITC access to all privileged and business             an elastomer loop and durable tag all-in-one,
                                                Assistant Secretary for Enforcement and                  proprietary information in the files,                 and bands that are being used at the time of
                                                Compliance no later than seven days                      provided the ITC confirms that it will                import to fasten an imported product.
                                                after the date on which the last                         not disclose such information, either                 Merchandise covered by this investigation is
                                                                                                         publicly or under an APO, without the                 currently classified in the Harmonized Tariff
                                                verification report is issued in this                                                                          Schedule of the United States (HTSUS) under
                                                investigation. Rebuttal briefs, limited to               written consent of the Assistant
                                                                                                                                                               subheading 4016.99.3510. Merchandise
                                                issues raised in case briefs, may be                     Secretary for Enforcement and
                                                                                                                                                               covered by the scope may also enter under
                                                submitted no later than five days after                  Compliance.                                           HTSUS subheading 4016.99.6050. While the
                                                the deadline date for case briefs.7                         Pursuant to section 705(b)(2) of the               HTSUS subheadings are provided for
                                                Pursuant to 19 CFR 351.309(c)(2) and                     Act, if Commerce’s final determination                convenience and customs purposes, the
                                                (d)(2), parties who submit case briefs or                is affirmative, the ITC will make its final           written description of the scope of the
                                                rebuttal briefs in this investigation are                determination before the later of 120                 investigation is dispositive.
                                                encouraged to submit with each                           days after the date of this preliminary               Appendix II—List of Topics Discussed
                                                argument: (1) A statement of the issue;                  determination, or 45 days after                       in the Preliminary Decision
                                                (2) a brief summary of the argument;                     Commerce’s final determination.                       Memorandum
                                                and (3) a table of authorities.8 This                    Notification to Interested Parties                    I. Summary
                                                summary should be limited to five pages                                                                        II. Background
                                                total, including footnotes.                                This determination is issued and
                                                                                                         published pursuant to sections 703(f)                 III. Scope Comments
                                                   Pursuant to 19 CFR 351.310(c),                                                                              IV. Scope of the Investigation
                                                interested parties who wish to request a                 and 777(i) of the Act and 19 CFR
                                                                                                                                                               V. Alignment
                                                hearing, limited to issues raised in the                 351.205(c).                                           VI. Injury Test
                                                case and rebuttal briefs, must submit a                  Disclosure                                            VII. Subsidies Valuation
                                                written request to the Assistant                                                                               VIII. Use of Facts Otherwise Available and
                                                Secretary for Enforcement and                              Commerce intends to disclose its                       Adverse Inferences
                                                Compliance, U.S. Department of                           calculations and analysis performed to                IX. Analysis of Programs
                                                Commerce within 30 days after the date                   interested parties in this preliminary                X. Verification
                                                                                                         determination within five days of its                 XI. Calculation of the All Others Rate
                                                of publication of this notice in the                                                                           XII. Conclusion
                                                Federal Register via ACCESS. Hearing                     public announcement in accordance
                                                requests should contain the party’s                      with 19 CFR 351.224(b).                               [FR Doc. 2018–14634 Filed 7–6–18; 8:45 am]
                                                                                                                                                               BILLING CODE 3510–DS–P
                                                name, address, and telephone number,                     Verification
                                                the number of participants, whether any
                                                                                                            As provided in section 782(i)(1) of the
                                                participant is a foreign national, and a                                                                       DEPARTMENT OF COMMERCE
                                                                                                         Act, Commerce intends to verify the
                                                list of the issues to be discussed. If a
                                                                                                         information relied upon in making its
                                                request for a hearing is made, Commerce                                                                        International Trade Administration
                                                                                                         final determination.
                                                intends to hold the hearing at the U.S.
                                                Department of Commerce, 1401                               Dated: July 2, 2018.                                [C–570–070]
                                                Constitution Avenue NW, Washington,                      Gary Taverman,
                                                                                                                                                               Rubber Bands From the People’s
                                                DC 20230, at a time and date to be                       Deputy Assistant Secretary for Antidumping
                                                                                                                                                               Republic of China: Preliminary
                                                determined. Prior to the date of the                     and Countervailing Duty Operations
                                                                                                         performing the non-exclusive functions and            Affirmative Countervailing Duty
                                                hearing, Commerce will contact all                                                                             Determination and Alignment of Final
                                                parties that submitted case or rebuttal                  duties of the Assistant Secretary for
                                                                                                         Enforcement and Compliance.                           Determination With Final Antidumping
                                                briefs to determine if they wish to                                                                            Determination
                                                participate in the hearing. Commerce                     Appendix I—Scope of the Investigation
                                                will then provide a hearing schedule to                                                                        AGENCY:   Enforcement and Compliance,
                                                                                                            The products subject to this investigation
                                                the parties prior to the hearing and only                                                                      International Trade Administration,
                                                                                                         are bands made of vulcanized rubber, with a
                                                those parties listed on the schedule may                 flat length, as actually measured end-to-end          Department of Commerce.
                                                present issues raised in their briefs.                   by the band lying flat, no less than 1⁄2 inch         SUMMARY: The Department of Commerce
                                                Parties should confirm by telephone the                  and no greater than 10 inches; with a width,          (Commerce) preliminarily determines
                                                date, time, and location of the hearing                  which measures the dimension                          that countervailable subsidies are being
                                                two days before the scheduled date.                      perpendicular to the length, actually of at           provided to producers and exporters of
                                                   Electronically filed documents must                   least 3/64 inch and no greater than 2 inches;         rubber bands from the People’s Republic
                                                be received successfully in their entirety               and a wall thickness actually from 0.020 inch         of China (China) for the period of
                                                by 5:00 p.m. Eastern Time,9 on the due                   to 0.125 inch. Vulcanized rubber has been
                                                                                                         chemically processed into a more durable
                                                                                                                                                               investigation of January 1, 2017, through
                                                dates established above.                                                                                       December 31, 2017. Interested parties
                                                                                                         material by the addition of sulfur or other
                                                International Trade Commission (ITC)                     equivalent curatives or accelerators. Subject         are invited to comment on this
                                                Notification                                             products are included regardless of color or          preliminary determination.
                                                                                                         inclusion of printed material on the rubber           DATES: Applicable July 9, 2018.
sradovich on DSK3GMQ082PROD with NOTICES




                                                  In accordance with section 703(f) of                   band’s surface, including but not limited to,         FOR FURTHER INFORMATION CONTACT:
                                                the Act, we will notify the ITC of our                   rubber bands with printing on them, such as
                                                determination. In addition, Commerce                                                                           Kristen Johnson, AD/CVD Operations,
                                                                                                         a product name, advertising, or slogan, and
                                                                                                         printed material (e.g., a tag) fastened to the
                                                                                                                                                               Office III, Enforcement and Compliance,
                                                   7 See 19 CFR 351.309; see also 19 CFR 351.303         rubber band by an adhesive or another                 International Trade Administration,
                                                (for general filing requirements).                       temporary type of connection. The scope               U.S. Department of Commerce, 1401
                                                   8 See 19 CFR .309(c)(2) and (d)(2).                   includes vulcanized rubber bands which are            Constitution Avenue NW, Washington,
                                                   9 See 19 CFR 351.303(b)(1).                           contained or otherwise exist in various forms         DC 20230; telephone (202) 482–4793.


                                           VerDate Sep<11>2014   18:00 Jul 06, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\09JYN1.SGM   09JYN1


                                                31730                            Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                SUPPLEMENTARY INFORMATION:                               confers a benefit to the recipient, and                 for companies not individually
                                                                                                         that the subsidy is specific.4                          examined. This rate shall be an amount
                                                Background                                                 In making these findings, we relied                   equal to the weighted average of the
                                                   This preliminary determination is                     solely on facts available because neither               estimated subsidy rates established for
                                                made in accordance with section 703(b)                   the Government of China nor any of the                  those companies individually
                                                of the Tariff Act of 1930, as amended                    selected mandatory respondent                           examined, excluding any zero and de
                                                (the Act). On February 20, 2018, we                      companies responded to the                              minimis rates and any rates based
                                                initiated a countervailing duty (CVD)                    questionnaire.5 Further, because these                  entirely under section 776 of the Act.9
                                                investigation of rubber bands from                       parties did not act to the best of their                In this investigation, Commerce
                                                China.1 On April 12, 2018, in                            ability to respond to Commerce’s                        preliminarily assigned a rate based
                                                accordance with section 703(c)(1)(A) of                  requests for information, we drew an                    entirely on facts available to each of the
                                                the Act, we postponed the preliminary                    adverse inference in selecting from                     mandatory respondents. There is no
                                                determination of this investigation to                   among the facts otherwise available.6                   other information on the record with
                                                July 2, 2018.2                                           For further information, see Preliminary                which to determine an all-others rate.
                                                                                                         Decision Memorandum at ‘‘Use of Facts                   As a result, in accordance with section
                                                   For a complete description of the                     Otherwise Available and Adverse                         705(c)(5)(A)(ii) of the Act, we are using
                                                events that followed the initiation of                   Inferences.’’                                           ‘‘any reasonable method’’ and have
                                                this investigation, see the Preliminary                                                                          established the all-others rate by
                                                Decision Memorandum.3 A list of topics                   Alignment
                                                                                                                                                                 applying the countervailable subsidy
                                                discussed in the Preliminary Decision                       As noted in the Preliminary Decision                 rate assigned to the mandatory
                                                Memorandum is included in Appendix                       Memorandum, in accordance with                          respondents.
                                                II of this notice. The Preliminary                       section 705(a)(1) of the Act and 19 CFR
                                                Decision Memorandum is a public                          351.210(b)(4)(i), we are aligning the                   Preliminary Determination
                                                document and is on file electronically                   final CVD determination in this                           Commerce preliminarily determines
                                                via Enforcement and Compliance’s                         investigation with the final                            that the following estimated
                                                Antidumping and Countervailing Duty                      determination in the companion                          countervailable subsidy rates exist:
                                                Centralized Electronic Service System                    antidumping duty (AD) investigation of
                                                (ACCESS). ACCESS is available to                         rubber bands based on a request made                                  Company                         Subsidy rate
                                                registered users at http://                              by the petitioner.7 Consequently, the                                                                  (percent)
                                                access.trade.gov, and is available to all                final CVD determination will be issued
                                                                                                                                                                 Graceful Imp. & Exp. Co.,
                                                parties in the Central Records Unit,                     on the same date as the final AD
                                                                                                                                                                   Ltd .....................................         125.77
                                                room B8024 of the main Commerce                          determination, which is currently                       Moyoung Trading Co., Ltd ....                       125.77
                                                building. In addition, a complete                        scheduled to be issued no later than                    Ningbo Syloon Imp & Exp
                                                version of the Preliminary Decision                      November 13, 2018, unless postponed.8                     Co., Ltd .............................            125.77
                                                Memorandum can be accessed directly                      All-Others Rate                                         All-Others ..............................           125.77
                                                at http://enforcement.trade.gov/frn/.
                                                The signed and electronic versions of                      Sections 703(d)(1)(A) and 705(c)(5)(A)                Suspension of Liquidation
                                                the Preliminary Decision Memorandum                      of the Act provide that Commerce shall
                                                                                                         determine an estimated all-others rate                    In accordance with section 703(d)(2)
                                                are identical in content.
                                                                                                                                                                 of the Act, Commerce will direct U.S.
                                                Scope of the Investigation                                 4 See sections 771(5)(B) and (D) of the Act           Customs and Border Protection (CBP) to
                                                                                                         regarding financial contribution; section 771(5)(E)     suspend liquidation of entries of subject
                                                  The products covered by this                           of the Act regarding benefit; and section 771(5A) of    merchandise as described in the scope
                                                investigation are rubber bands from                      the Act regarding specificity.
                                                                                                           5 Because the respondents in this investigation
                                                                                                                                                                 of the investigation entered, or
                                                China. For a complete description of the                                                                         withdrawn from warehouse, for
                                                                                                         did not provide information requested by
                                                scope of this investigation, see                         Commerce, and Commerce preliminarily                    consumption on or after the date of
                                                Appendix I.                                              determines each of the respondents to be                publication of this notice in the Federal
                                                                                                         uncooperative, we will not conduct verification.        Register. Further, pursuant to section
                                                Methodology                                                6 See sections 776(a) and (b) of the Act.
                                                                                                           7 The petitioner in this investigation is Alliance
                                                                                                                                                                 703(d)(1)(B) of the Act and 19 CFR
                                                  Commerce is conducting this                            Rubber Co. See Letter from the petitioner, ‘‘Petition   351.205(d), Commerce will instruct CBP
                                                investigation in accordance with section                 for the Imposition of Antidumping and                   to require a cash deposit equal to the
                                                701 of the Act. For each of the subsidy                  Countervailing Duties on Rubber Bands from              rates indicated above.
                                                                                                         Thailand and China—Petitioner’s Request for
                                                programs found countervailable,                          Postponement of the Preliminary Determinations,’’       Public Comment
                                                Commerce preliminarily determines                        dated March 27, 2018.
                                                that there is a subsidy, i.e., a financial                 8 The AD preliminary determination was                  Interested parties may submit case
                                                contribution by an ‘‘authority’’ that                    postponed to no later than August 29, 2018, see         and rebuttal briefs, as well as request a
                                                                                                         Rubber Bands from the People’s Republic of China        hearing. Case briefs or other written
                                                                                                         and Thailand: Postponement of Preliminary
                                                   1 See Rubber Bands from Thailand, the People’s
                                                                                                         Determinations in the Less-Than-Fair-Value
                                                                                                                                                                 comments may be submitted to the
                                                Republic of China, and Sri Lanka: Initiation of          Investigations, 83 FR 29748 (June 26, 2018).            Assistant Secretary for Enforcement and
                                                Countervailing Duty Investigations, 83 FR 8429           Therefore, the AD final determination is currently      Compliance via ACCESS no later than
                                                (February 27, 2018) (Initiation Notice).                 due for signature no later than Monday, November
                                                   2 See Rubber Bands from Thailand and the
                                                                                                                                                                 30 days after the publication of the
                                                                                                         12, 2018, which is a federal holiday. Commerce’s
sradovich on DSK3GMQ082PROD with NOTICES




                                                People’s Republic of China: Postponement of              practice dictates that where a deadline falls on a
                                                                                                                                                                 preliminary determination in the
                                                Preliminary Determinations in the Countervailing         weekend or federal holiday, the appropriate             Federal Register.10 Rebuttal briefs,
                                                Duty Investigations, 83 FR 15789 (April 12, 2018).       deadline is the next business day (see Notice of        limited to issues raised in case briefs,
                                                   3 See Memorandum, ‘‘Decision Memorandum for           Clarification: Application of ‘‘Next Business Day’’     may be submitted no later than five days
                                                the Preliminary Affirmative Determination in the         Rule for Administrative Determination Deadlines
                                                Countervailing Duty Investigation of Rubber Bands        Pursuant to the Tariff Act of 1930, As Amended, 70
                                                                                                                                                                   9 Seesection 705(c)(5)(A)(i) of the Act.
                                                from the People’s Republic of China,’’ dated             FR 24533 (May 10, 2005). As such, the AD final
                                                concurrently with, and hereby adopted by, this           determination signature date rolls to Tuesday,            10 See19 CFR 351.309(c)(1)(i); see also 19 CFR
                                                notice (Preliminary Decision Memorandum).                November 13, 2018.                                      351.303 (for general filing requirements).



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                                                                                 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                                  31731

                                                after the deadline date for case briefs.11               is affirmative, the ITC will make its final                from China
                                                Pursuant to 19 CFR 351.309(c)(2) and                     determination before the later of 120                 VIII. Use of Facts Otherwise Available and
                                                (d)(2), parties who submit case briefs or                days after the date of this preliminary                    Adverse Inferences
                                                rebuttal briefs in this investigation are                determination, or 45 days after                       IX. Calculation of the All-Others Rate
                                                                                                                                                               X. Conclusion
                                                encouraged to submit with each                           Commerce’s final determination.
                                                argument: (1) A statement of the issue;                                                                        [FR Doc. 2018–14633 Filed 7–6–18; 8:45 am]
                                                                                                         Notification to Interested Parties
                                                (2) a brief summary of the argument;                                                                           BILLING CODE 3510–DS–P
                                                and (3) a table of authorities.12 This                     This determination is issued and
                                                summary should be limited to five pages                  published pursuant to sections 703(f)
                                                total, including footnotes.                              and 777(i) of the Act and 19 CFR                      DEPARTMENT OF COMMERCE
                                                   Pursuant to 19 CFR 351.310(c),                        351.205(c).
                                                interested parties who wish to request a                                                                       International Trade Administration
                                                                                                           Dated: July 2, 2018.
                                                hearing, limited to issues raised in the                 Gary Taverman,                                        [A–570–909]
                                                case and rebuttal briefs, must submit a
                                                                                                         Deputy Assistant Secretary for Antidumping
                                                written request to the Assistant                                                                               Certain Steel Nails From the People’s
                                                                                                         and Countervailing Duty Operations,
                                                Secretary for Enforcement and                            performing the non-exclusive functions and            Republic of China: Notice of Court
                                                Compliance within 30 days after the                      duties of the Assistant Secretary for                 Decision Not in Harmony With Final
                                                date of publication of this notice in the                Enforcement and Compliance.                           Results of Administrative Review and
                                                Federal Register via ACCESS. Hearing                                                                           Notice of Amended Final Results of
                                                requests should contain the party’s                      Appendix I                                            Antidumping Duty Administrative
                                                name, address, and telephone number,                     Scope of the Investigation                            Review
                                                the number of participants, whether any                     The products subject to this investigation         AGENCY:   Enforcement and Compliance,
                                                participant is a foreign national, and a                 are bands made of vulcanized rubber, with a
                                                                                                         flat length, as actually measured end-to-end
                                                                                                                                                               International Trade Administration,
                                                list of the issues to be discussed. If a
                                                                                                         by the band lying flat, no less than 1⁄2 inch         Department of Commerce.
                                                request for a hearing is made, Commerce
                                                intends to hold the hearing at the U.S.                  and no greater than 10 inches; with a width,          SUMMARY: On March 22, 2018, the
                                                                                                         which measures the dimension                          United States Court of International
                                                Department of Commerce, 1401
                                                                                                         perpendicular to the length, actually of at           Trade (the Court) issued its final
                                                Constitution Avenue NW, Washington,                      least 3/64 inch and no greater than 2 inches;
                                                DC 20230, at a time and date to be                                                                             judgment in Itochu Building Products
                                                                                                         and a wall thickness actually from 0.020 inch
                                                determined. Prior to the date of the                                                                           Co., Inc., et al. v. United States, Consol.
                                                                                                         to 0.125 inch. Vulcanized rubber has been
                                                hearing, Commerce will contact all                       chemically processed into a more durable              Court No. 12–00065, sustaining the U.S.
                                                parties that submitted case or rebuttal                  material by the addition of sulfur or other           Department of Commerce’s (Commerce)
                                                briefs to determine if they wish to                      equivalent curatives or accelerators. Subject         final remand results in the second
                                                participate in the hearing. Commerce                     products are included regardless of color or          administrative review of certain steel
                                                                                                         inclusion of printed material on the rubber           nails from the People’s Republic of
                                                will then provide a hearing schedule to
                                                                                                         band’s surface, including but not limited to,         China (China). Commerce is notifying
                                                the parties prior to the hearing and only                rubber bands with printing on them, such as
                                                those parties listed on the schedule may                                                                       the public that the final judgment in this
                                                                                                         a product name, advertising, or slogan, and
                                                present issues raised in their briefs.                                                                         case is not in harmony with Commerce’s
                                                                                                         printed material (e.g., a tag) fastened to the
                                                Parties should confirm by telephone the                  rubber band by an adhesive or another                 final results of the administrative
                                                date, time, and location of the hearing                  temporary type of connection. The scope               review, covering the period of review
                                                two days before the scheduled date.                      includes vulcanized rubber bands which are            (POR) August 1, 2009, through July 31,
                                                   Electronically filed documents must                   contained or otherwise exist in various forms         2010, and that Commerce is amending
                                                be received successfully in their entirety               and packages, such as, without limitation,            the final results with respect to the
                                                by 5:00 p.m. Eastern Time,13 on the due                  vulcanized rubber bands included within a             dumping margins assigned to Tianjin
                                                                                                         desk accessory set or other type of set or            Jinchi Metal Products Co., Ltd. (Jinchi)
                                                dates established above.
                                                                                                         package, and vulcanized rubber band balls.            and Tianjin Jinghai County Hongli
                                                International Trade Commission (ITC)                     The scope excludes products that consist of
                                                                                                                                                               Industry & Business Co. (Hongli).
                                                Notification                                             an elastomer loop and durable tag all-in-one,
                                                                                                         and bands that are being used at the time of          Because Jinchi’s and Hongli’s margins
                                                  In accordance with section 703(f) of                   import to fasten an imported product.                 changed, the margin for those
                                                the Act, we will notify the ITC of its                   Merchandise covered by this investigation is          companies not individually examined
                                                determination. In addition, Commerce                     currently classified in the Harmonized Tariff         but receiving a separate rate also
                                                will make available to the ITC all non-                  Schedule of the United States (HTSUS) under           changed.
                                                privileged and non-proprietary                           subheading 4016.99.3510. Merchandise
                                                                                                         covered by the scope may also enter under             DATES:   Applicable April 2, 2018.
                                                information relating to this
                                                investigation. Commerce will allow the                   HTSUS subheading 4016.99.6050. While the              FOR FURTHER INFORMATION CONTACT:    Paul
                                                ITC access to all privileged and business                HTSUS subheadings are provided for                    Walker, AD/CVD Operations Office V,
                                                                                                         convenience and customs purposes, the                 Enforcement and Compliance,
                                                proprietary information in the files,                    written description of the scope of the
                                                provided the ITC confirms that it will                                                                         International Trade Administration,
                                                                                                         investigation is dispositive.                         U.S. Department of Commerce, 1401
                                                not disclose such information, either
                                                publicly or under an APO, without the                    Appendix II                                           Constitution Avenue NW, Washington,
                                                written consent of the Assistant                                                                               DC 20230; telephone: 202.482.0413.
                                                                                                         List of Topics Discussed in the Preliminary
sradovich on DSK3GMQ082PROD with NOTICES




                                                Secretary for Enforcement and                            Decision Memorandum                                   SUPPLEMENTARY INFORMATION:
                                                Compliance.                                              I. Summary                                            Background
                                                  Pursuant to section 705(b)(2) of the                   II. Background
                                                Act, if Commerce’s final determination                   III. Scope Comments                                     On March 1, 2012, Commerce issued
                                                                                                         IV. Scope of the Investigation                        the Final Results, in which it
                                                  11 See 19 CFR 351.309(d)(1).                           V. Alignment                                          determined a weight-averaged dumping
                                                  12 See 19 CFR 351.309(c)(2) and (d)(2).                VI. Injury Test                                       margin of 47.76 percent for Jinchi, 78.27
                                                  13 See 19 CFR 351.303(b)(1).                           VII. Application of the CVD Law to Imports            percent for Hongli, and 19.30 percent


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Document Created: 2018-07-07 00:41:41
Document Modified: 2018-07-07 00:41:41
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 July 9, 2018.
ContactKristen Johnson, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4793.
FR Citation83 FR 31729 

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