83_FR_45386 83 FR 45213 - Less-Than-Fair-Value Investigation of Rubber Bands From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances

83 FR 45213 - Less-Than-Fair-Value Investigation of Rubber Bands From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 173 (September 6, 2018)

Page Range45213-45215
FR Document2018-19333

The Department of Commerce (Commerce) preliminarily determines that rubber bands from the People's Republic of China (China) are being or are likely to be sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 173 (Thursday, September 6, 2018)
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45213-45215]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19333]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-069]


Less-Than-Fair-Value Investigation of Rubber Bands From the 
People's Republic of China: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value and Preliminary Affirmative Determination 
of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that rubber bands from the People's Republic of China (China) are being 
or are likely to be sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is July 1, 2017, through 
December 31, 2017. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable September 6, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Stephanie Berger, 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) 482-4474 or (202) 482-2483, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). We published 
the notice of initiation of this investigation on February 27, 2018.\1\ 
On June 26, 2018, we postponed the preliminary determination of this 
investigation. The revised deadline is now August 29, 2018.\2\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Rubber Bands from the People's Republic of China, Sri 
Lanka, and Thailand: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 8424, 8425 (February 27, 2018) (Initiation 
Notice).
    \2\ 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).
    \3\ See the memorandum, ``Decision Memorandum for the 
Preliminary Determination in the Less-Than-Fair-Value Investigation 
of Rubber Bands from the People's Republic of China,'' dated August 
29, 2018 (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.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties provided comments on the scope of the investigation as it 
appeared in the Initiation Notice.\6\ For a summary of the product 
coverage comments and rebuttal responses submitted to the record for 
this preliminary determination, and accompanying discussion and 
analysis of all comments timely received, see the Preliminary Scope 
Decision Memorandum.\7\ We are preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the revised scope 
in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Greenbrier's and Conair's letter, ``Rubber Bands from, 
Thailand, China and Sri Lanka: Scope Comments,'' dated March 12, 
2018; Jafferjee's letter, ``Rubber Bands from Thailand: Scope 
Comments,'' dated March 12, 2018; and, the petitioner's letter, 
``Petition for the Imposition of Antidumping and Countervailing 
Duties on Rubber Bands from Thailand and China--Rebuttal Scope 
Comments,'' dated March 22, 2018.
    \7\ See Memorandum, ``Rubber Bands from Thailand and the 
People's Republic of China: Scope Comments Decision Memorandum for 
the Preliminary Determination,'' dated concurrently with this notice 
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    We are conducting this investigation in accordance with section 731 
of the Act. Pursuant to section 776(a) and (b) of the Act, we have 
preliminarily relied upon facts otherwise available, with adverse 
inferences, for the China-wide entity because it did not respond to our 
requests for information. Specifically, all companies to which Commerce 
issued quantity and value (Q&V) questionnaires failed to respond.\8\ 
Thus, no companies have demonstrated their eligibility for a separate 
rate and are preliminarily found to be part of the China-wide entity. 
Furthermore, we find that the China-wide entity's lack of 
participation, including the failure of certain parts of the China-wide 
entity to submit Q&V information, constitutes circumstances under which 
it is reasonable to conclude that the China-wide entity as a whole 
failed to cooperate to the best of its ability to comply with 
Commerce's request for information. For a full description of the 
methodology underlying Commerce's preliminary determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See the memorandum, ``Antidumping Duty Investigation of 
Rubber Bands from the People's Republic of China: Delivery of 
Quantity and Value Questionnaire to Exporters/Producers,'' dated 
March 6, 2018.
---------------------------------------------------------------------------

Preliminary Affirmative Determination of Critical Circumstances

    On June 11, 2018, as revised on August 7, 2018, the petitioner 
timely filed a critical circumstances allegation, pursuant to section 
733(e)(1) of the Act and 19 CFR 351.206, alleging that critical 
circumstances exist with respect to imports of rubber bands from 
China.\9\ Based on the failure of all respondents, and thus the China-
wide entity, to cooperate to the best of their ability to comply with 
Commerce's requests for information, we preliminarily determine that 
massive imports of rubber bands from China existed for the China-wide 
entity, based on adverse facts available, pursuant to section 
733(e)(1)(B) of the Act. In addition, we have preliminarily determined 
that there is a reasonable basis to believe or suspect that importers 
knew, or should have known, that merchandise was being sold for less 
than fair value and that those sales were likely to cause material 
injury in accordance with section 733(e)(1)(A)(ii) of the Act.
---------------------------------------------------------------------------

    \9\
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    For a full description of the methodology and the results of 
Commerce's analysis, see the Preliminary Decision Memorandum.

[[Page 45214]]

Preliminary Determination

    We preliminarily determine that the following estimated weighted-
average dumping margin exists:

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated
                                                                                     weighted-
                   Producer                                 Exporter                  average      Cash deposit
                                                                                  dumping margin     (percent)
                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
China-Wide Entity.............................  China-Wide Entity...............           27.27           26.65
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
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, as 
discussed below. Further, pursuant to section 733(d)(1)(B) of the Act 
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the estimated weighted-average dumping margin, 
adjusted for export subsidies, as indicated in the chart above.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for all imports of subject 
merchandise from China. In accordance with section 733(e)(2)(A) of the 
Act, the suspension of liquidation shall apply to all unliquidated 
entries of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date which is 90 days before the 
publication of this notice.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for export subsidies, Commerce has offset the 
calculated estimated weighted-average dumping margin by the appropriate 
rate(s). Any such cash deposit rates may be found in the Preliminary 
Determination Section's chart of estimated weighted-average dumping 
margins above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margin calculated in this preliminary determination unadjusted for the 
export subsidies at the time the CVD provisional measures expire. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied AFA to companies in this investigation in 
accordance with section 776 of the Act, and the applied AFA rate is 
based solely on the petition, there are no calculations to disclose.

Verification

    Because all respondents did not provide information requested by 
Commerce and we preliminarily determine that all respondents to have 
been uncooperative, verification will not be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\10\ 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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, we 
intend to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we notified the ITC 
of our preliminary affirmative determination of sales at LTFV and 
preliminary determination of critical circumstances. If the Commerce 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination whether imports of the subject 
merchandise are materially injuring, or threaten material injury to, 
the U.S. industry and whether critical circumstances exist.

[[Page 45215]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: August 29, 2018.
Christian Marsh,
Deputy 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.
    Excluded from the scope of this investigation are vulcanized 
rubber bands of various sizes with arrow shaped rubber protrusions 
from the outer diameter that exceeds at the anchor point a wall 
thickness of 0.125 inches and where the protrusion is used to loop 
around, secure and lock in place.
    Excluded from the scope of this investigation are yarn/fabric-
covered vulcanized rubber hair bands, regardless of size.
    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. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
    A. Non-Market Economy Country
    B. China-Wide Entity
    C. Use of Facts Otherwise Available With an Adverse Inference
    D. Application of Facts Available
    E. Application of Facts Available With an Adverse Inference
    F. Selection and Corroboration of the AFA Rate
    G. Preliminary Affirmative Determination of Critical 
Circumstances
    1. Legal Framework
    2. Critical Circumstances Allegation
    3. Analysis
VI. Adjustment under Section 777a(F) of the Act
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Verification
IX. Conclusion

[FR Doc. 2018-19333 Filed 9-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                         Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                                    45213

                                               12. Recommendation                                      included in the Preliminary Decision                    Methodology
                                               [FR Doc. 2018–19337 Filed 9–5–18; 8:45 am]              Memorandum is included as Appendix
                                                                                                       II to this notice. The Preliminary                         We are conducting this investigation
                                               BILLING CODE 3510–DS–P
                                                                                                                                                               in accordance with section 731 of the
                                                                                                       Decision Memorandum is a public
                                                                                                                                                               Act. Pursuant to section 776(a) and (b)
                                                                                                       document and is on file electronically
                                               DEPARTMENT OF COMMERCE                                                                                          of the Act, we have preliminarily relied
                                                                                                       via Enforcement and Compliance’s
                                                                                                                                                               upon facts otherwise available, with
                                                                                                       Antidumping and Countervailing Duty
                                               International Trade Administration                                                                              adverse inferences, for the China-wide
                                                                                                       Centralized Electronic Service System                   entity because it did not respond to our
                                               [A–570–069]                                             (ACCESS). ACCESS is available to                        requests for information. Specifically,
                                                                                                       registered users at https://                            all companies to which Commerce
                                               Less-Than-Fair-Value Investigation of                   access.trade.gov, and to all parties in the             issued quantity and value (Q&V)
                                               Rubber Bands From the People’s                          Central Records Unit, room B8024 of the                 questionnaires failed to respond.8 Thus,
                                               Republic of China: Preliminary                          main Department of Commerce                             no companies have demonstrated their
                                               Affirmative Determination of Sales at                   building. In addition, a complete                       eligibility for a separate rate and are
                                               Less Than Fair Value and Preliminary                    version of the Preliminary Decision                     preliminarily found to be part of the
                                               Affirmative Determination of Critical                   Memorandum can be accessed directly                     China-wide entity. Furthermore, we find
                                               Circumstances                                           at http://enforcement.trade.gov/frn/.                   that the China-wide entity’s lack of
                                               AGENCY:   Enforcement and Compliance,                   The signed and the electronic versions                  participation, including the failure of
                                               International Trade Administration,                     of the Preliminary Decision                             certain parts of the China-wide entity to
                                               Department of Commerce.                                 Memorandum are identical in content.                    submit Q&V information, constitutes
                                               SUMMARY: The Department of Commerce                                                                             circumstances under which it is
                                                                                                       Scope of the Investigation
                                               (Commerce) preliminarily determines                                                                             reasonable to conclude that the China-
                                               that rubber bands from the People’s                       The products covered by this                          wide entity as a whole failed to
                                               Republic of China (China) are being or                  investigation are rubber bands from                     cooperate to the best of its ability to
                                               are likely to be sold in the United States              China. For a complete description of the                comply with Commerce’s request for
                                               at less than fair value (LTFV). The                     scope of this investigation, see                        information. For a full description of the
                                               period of investigation (POI) is July 1,                Appendix I.                                             methodology underlying Commerce’s
                                               2017, through December 31, 2017.                                                                                preliminary determination, see the
                                               Interested parties are invited to                       Scope Comments                                          Preliminary Decision Memorandum.
                                               comment on this preliminary                               In accordance with the preamble to                    Preliminary Affirmative Determination
                                               determination.                                          Commerce’s regulations,4 the Initiation                 of Critical Circumstances
                                               DATES: Applicable September 6, 2018.                    Notice set aside a period of time for                      On June 11, 2018, as revised on
                                               FOR FURTHER INFORMATION CONTACT:    Paul                parties to raise issues regarding product               August 7, 2018, the petitioner timely
                                               Stolz or Stephanie Berger, AD/CVD                       coverage (i.e., scope).5 Certain interested             filed a critical circumstances allegation,
                                               Operations, Office III, Enforcement and                 parties provided comments on the scope                  pursuant to section 733(e)(1) of the Act
                                               Compliance, International Trade                         of the investigation as it appeared in the              and 19 CFR 351.206, alleging that
                                               Administration, U.S. Department of                      Initiation Notice.6 For a summary of the                critical circumstances exist with respect
                                               Commerce, 1401 Constitution Avenue                      product coverage comments and                           to imports of rubber bands from China.9
                                               NW, Washington, DC 20230; telephone:                    rebuttal responses submitted to the                     Based on the failure of all respondents,
                                               (202) 482–4474 or (202) 482–2483,                       record for this preliminary                             and thus the China-wide entity, to
                                               respectively.                                           determination, and accompanying                         cooperate to the best of their ability to
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       discussion and analysis of all comments                 comply with Commerce’s requests for
                                                                                                       timely received, see the Preliminary                    information, we preliminarily determine
                                               Background                                              Scope Decision Memorandum.7 We are                      that massive imports of rubber bands
                                                  This preliminary determination is                    preliminarily modifying the scope                       from China existed for the China-wide
                                               made in accordance with section 733(b)                  language as it appeared in the Initiation               entity, based on adverse facts available,
                                               of the Tariff Act of 1930, as amended                   Notice. See the revised scope in                        pursuant to section 733(e)(1)(B) of the
                                               (the Act). We published the notice of                   Appendix I to this notice.                              Act. In addition, we have preliminarily
                                               initiation of this investigation on                                                                             determined that there is a reasonable
                                               February 27, 2018.1 On June 26, 2018,                   Fair-Value Investigation of Rubber Bands from the       basis to believe or suspect that
                                               we postponed the preliminary                            People’s Republic of China,’’ dated August 29, 2018     importers knew, or should have known,
                                                                                                       (Preliminary Decision Memorandum).
                                               determination of this investigation. The                   4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                               that merchandise was being sold for less
                                               revised deadline is now August 29,                      Final Rule, 62 FR 27296, 27323 (May 19, 1997).          than fair value and that those sales were
                                               2018.2 For a complete description of the                   5 See Initiation Notice.                             likely to cause material injury in
                                               events that followed the initiation of                     6 See Greenbrier’s and Conair’s letter, ‘‘Rubber     accordance with section 733(e)(1)(A)(ii)
                                               this investigation, see the Preliminary                 Bands from, Thailand, China and Sri Lanka: Scope        of the Act.
                                                                                                       Comments,’’ dated March 12, 2018; Jafferjee’s letter,
                                               Decision Memorandum.3 A list of topics                  ‘‘Rubber Bands from Thailand: Scope Comments,’’            For a full description of the
                                                                                                       dated March 12, 2018; and, the petitioner’s letter,     methodology and the results of
                                                 1 See Rubber Bands from the People’s Republic of
                                                                                                       ‘‘Petition for the Imposition of Antidumping and        Commerce’s analysis, see the
daltland on DSKBBV9HB2PROD with NOTICES




                                               China, Sri Lanka, and Thailand: Initiation of Less-     Countervailing Duties on Rubber Bands from
                                               Than-Fair-Value Investigations, 83 FR 8424, 8425
                                                                                                                                                               Preliminary Decision Memorandum.
                                                                                                       Thailand and China—Rebuttal Scope Comments,’’
                                               (February 27, 2018) (Initiation Notice).                dated March 22, 2018.
                                                 2 See Rubber Bands from the People’s Republic of         7 See Memorandum, ‘‘Rubber Bands from                  8 See the memorandum, ‘‘Antidumping Duty

                                               China and Thailand: Postponement of Preliminary         Thailand and the People’s Republic of China: Scope      Investigation of Rubber Bands from the People’s
                                               Determinations in the Less-Than-Fair-Value              Comments Decision Memorandum for the                    Republic of China: Delivery of Quantity and Value
                                               Investigations, 83 FR 29748 (June 26, 2018).            Preliminary Determination,’’ dated concurrently         Questionnaire to Exporters/Producers,’’ dated
                                                 3 See the memorandum, ‘‘Decision Memorandum           with this notice (Preliminary Scope Decision            March 6, 2018.
                                               for the Preliminary Determination in the Less-Than-     Memorandum).                                              9




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                                               45214                            Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                               Preliminary Determination
                                                 We preliminarily determine that the
                                               following estimated weighted-average
                                               dumping margin exists:

                                                                                                                                                                                                           Estimated
                                                                                                                                                                                                           weighted-
                                                                                                                                                                                                            average        Cash deposit
                                                                              Producer                                                                      Exporter                                       dumping          (percent)
                                                                                                                                                                                                            margin
                                                                                                                                                                                                           (percent)

                                               China-Wide Entity .........................................................   China-Wide Entity .........................................................         27.27              26.65



                                               Suspension of Liquidation                                           margin by the appropriate rate(s). Any                              briefs.10 Pursuant to 19 CFR
                                                  In accordance with section 733(d)(2)                             such cash deposit rates may be found in                             351.309(c)(2) and (d)(2), parties who
                                               of the Act, Commerce will direct U.S.                               the Preliminary Determination Section’s                             submit case briefs or rebuttal briefs in
                                               Customs and Border Protection (CBP) to                              chart of estimated weighted-average                                 this investigation are encouraged to
                                               suspend liquidation of subject                                      dumping margins above.                                              submit with each argument: (1) A
                                               merchandise, as described in the scope                                Should provisional measures in the                                statement of the issue; (2) a brief
                                               of the investigation entered, or                                    companion CVD investigation expire                                  summary of the argument; and (3) a
                                               withdrawn from warehouse, for                                       prior to the expiration of provisional                              table of authorities.
                                               consumption on or after the date of                                 measures in this LTFV investigation,
                                                                                                                   Commerce will direct CBP to begin                                      Pursuant to 19 CFR 351.310(c),
                                               publication of this notice in the Federal                                                                                               interested parties who wish to request a
                                               Register, as discussed below. Further,                              collecting cash deposits at a rate equal
                                                                                                                   to the estimated weighted-average                                   hearing, limited to issues raised in the
                                               pursuant to section 733(d)(1)(B) of the                                                                                                 case and rebuttal briefs, must submit a
                                               Act and 19 CFR 351.205(d), Commerce                                 dumping margin calculated in this
                                                                                                                   preliminary determination unadjusted                                written request to the Assistant
                                               will instruct CBP to require a cash
                                                                                                                   for the export subsidies at the time the                            Secretary for Enforcement and
                                               deposit equal to the estimated weighted-
                                               average dumping margin, adjusted for                                CVD provisional measures expire. These                              Compliance, U.S. Department of
                                               export subsidies, as indicated in the                               suspension of liquidation instructions                              Commerce, within 30 days after the date
                                               chart above.                                                        will remain in effect until further notice.                         of publication of this notice. Requests
                                                  Section 733(e)(2) of the Act provides                            Disclosure                                                          should contain the party’s name,
                                               that, given an affirmative determination                                                                                                address, and telephone number, the
                                                                                                                      Normally, Commerce discloses to                                  number of participants, whether any
                                               of critical circumstances, any
                                                                                                                   interested parties the calculations                                 participant is a foreign national, and a
                                               suspension of liquidation shall apply to
                                                                                                                   performed in connection with a                                      list of the issues to be discussed. If a
                                               unliquidated entries of subject
                                                                                                                   preliminary determination within five
                                               merchandise entered, or withdrawn                                                                                                       request for a hearing is made, we intend
                                                                                                                   days of its public announcement or, if
                                               from warehouse, for consumption on or                                                                                                   to hold the hearing at the U.S.
                                                                                                                   there is no public announcement,
                                               after the later of (a) the date which is 90                                                                                             Department of Commerce, 1401
                                                                                                                   within five days of the date of
                                               days before the date on which the                                                                                                       Constitution Avenue NW, Washington,
                                                                                                                   publication of this notice in accordance
                                               suspension of liquidation was first                                                                                                     DC 20230, at a time and date to be
                                                                                                                   with 19 CFR 351.224(b). However,
                                               ordered, or (b) the date on which notice                                                                                                determined. Parties should confirm by
                                                                                                                   because Commerce preliminarily
                                               of initiation of the investigation was                                                                                                  telephone the date, time, and location of
                                                                                                                   applied AFA to companies in this
                                               published. Commerce preliminarily                                                                                                       the hearing two days before the
                                                                                                                   investigation in accordance with section
                                               finds that critical circumstances exist                                                                                                 scheduled date.
                                                                                                                   776 of the Act, and the applied AFA rate
                                               for all imports of subject merchandise
                                                                                                                   is based solely on the petition, there are                          International Trade Commission (ITC)
                                               from China. In accordance with section
                                                                                                                   no calculations to disclose.                                        Notification
                                               733(e)(2)(A) of the Act, the suspension
                                               of liquidation shall apply to all                                   Verification
                                               unliquidated entries of subject                                                                                                            In accordance with section 733(f) of
                                                                                                                     Because all respondents did not                                   the Act, we notified the ITC of our
                                               merchandise entered, or withdrawn                                   provide information requested by
                                               from warehouse, for consumption on or                                                                                                   preliminary affirmative determination of
                                                                                                                   Commerce and we preliminarily                                       sales at LTFV and preliminary
                                               after the date which is 90 days before                              determine that all respondents to have
                                               the publication of this notice.                                                                                                         determination of critical circumstances.
                                                                                                                   been uncooperative, verification will
                                                  To determine the cash deposit rate,                                                                                                  If the Commerce final determination is
                                                                                                                   not be conducted.
                                               Commerce normally adjusts the                                                                                                           affirmative, the ITC will determine
                                               estimated weighted-average dumping                                  Public Comment                                                      before the later of 120 days after the date
                                               margin by the amount of domestic                                       Case briefs or other written comments                            of this preliminary determination or 45
                                               subsidy pass-through and export                                     may be submitted to the Assistant                                   days after the final determination
                                               subsidies determined in a companion                                 Secretary for Enforcement and                                       whether imports of the subject
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                                               countervailing duty (CVD) proceeding                                Compliance no later than 30 days after                              merchandise are materially injuring, or
                                               when CVD provisional measures are in                                the date of publication of the                                      threaten material injury to, the U.S.
                                               effect. Accordingly, where Commerce                                 preliminary determination, unless the                               industry and whether critical
                                               has made a preliminary affirmative                                  Secretary alters the time limit. Rebuttal                           circumstances exist.
                                               determination for export subsidies,                                 briefs, limited to issues raised in case
                                               Commerce has offset the calculated                                  briefs, may be submitted no later than                                 10 See 19 CFR 351.309; see also 19 CFR 351.303

                                               estimated weighted-average dumping                                  five days after the deadline date for case                          (for general filing requirements).



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                                                                         Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                               45215

                                               Notification to Interested Parties                      V. Discussion of the Methodology                      memorandum addressing all comments
                                                                                                         A. Non-Market Economy Country                       received in this proceeding and the
                                                 This determination is issued and                        B. China-Wide Entity
                                               published in accordance with sections                                                                         companion antidumping proceeding
                                                                                                         C. Use of Facts Otherwise Available With            regarding the scope of the
                                               733(f) and 777(i)(1) of the Act and 19                       an Adverse Inference
                                               CFR 351.205(c).                                           D. Application of Facts Available
                                                                                                                                                             investigations.2 In accordance with the
                                                                                                         E. Application of Facts Available With an           comments discussed in the
                                                 Dated: August 29, 2018.                                                                                     memorandum, we made certain changes
                                                                                                            Adverse Inference
                                               Christian Marsh,                                                                                              to the scope of these investigations. The
                                                                                                         F. Selection and Corroboration of the AFA
                                               Deputy Assistant Secretary for Enforcement                   Rate                                             changes include a revision to part b) of
                                               and Compliance.                                           G. Preliminary Affirmative Determination            clause 4 in paragraph 5, and the
                                               Appendix I                                                   of Critical Circumstances                        exclusion of certain shredded plastic
                                                                                                         1. Legal Framework                                  film or shredded plastic strip from the
                                               Scope of the Investigation                                2. Critical Circumstances Allegation                investigations. The revised scope is
                                                  The products subject to this investigation             3. Analysis                                         printed in its entirety below.
                                               are bands made of vulcanized rubber, with a             VI. Adjustment under Section 777a(F) of the
                                               flat length, as actually measured end-to-end                 Act                                              Scope of the Investigation
                                               by the band lying flat, no less than 1⁄2 inch           VII. Adjustments to Cash Deposit Rates for
                                                                                                            Export Subsidies
                                                                                                                                                                The merchandise covered by this
                                               and no greater than 10 inches; with a width,                                                                  investigation is certain plastic
                                               which measures the dimension                            VIII. Verification
                                               perpendicular to the length, actually of at             IX. Conclusion                                        decorative ribbon having a width
                                               least 3⁄64 inch and no greater than 2 inches;                                                                 (measured at the narrowest span of the
                                                                                                       [FR Doc. 2018–19333 Filed 9–5–18; 8:45 am]
                                               and a wall thickness actually from 0.020 inch                                                                 ribbon) of less than or equal to four (4)
                                                                                                       BILLING CODE 3510–DS–P
                                               to 0.125 inch. Vulcanized rubber has been                                                                     inches in actual measurement,
                                               chemically processed into a more durable                                                                      including but not limited to ribbon
                                               material by the addition of sulfur or other
                                                                                                       DEPARTMENT OF COMMERCE                                wound onto itself; a spool, a core or a
                                               equivalent curatives or accelerators. Subject                                                                 tube (with or without flanges); attached
                                               products are included regardless of color or                                                                  to a card or strip; wound into a keg- or
                                                                                                       International Trade Administration
                                               inclusion of printed material on the rubber                                                                   egg-shaped configuration; made into
                                               band’s surface, including but not limited to,           [C–570–076]                                           bows, bow-like items, or other shapes or
                                               rubber bands with printing on them, such as
                                               a product name, advertising, or slogan, and                                                                   configurations; and whether or not
                                                                                                       Certain Plastic Decorative Ribbon
                                               printed material (e.g., a tag) fastened to the                                                                packaged or labeled for retail sale. The
                                                                                                       From the People’s Republic of China:
                                               rubber band by an adhesive or another                                                                         subject merchandise is typically made
                                                                                                       Amended Preliminary Affirmative
                                               temporary type of connection. The scope                                                                       of substrates of polypropylene, but may
                                                                                                       Countervailing Duty Determination
                                               includes vulcanized rubber bands which are                                                                    be made in whole or in part of any type
                                               contained or otherwise exist in various forms           AGENCY:   Enforcement and Compliance,                 of plastic, including without limitation,
                                               and packages, such as, without limitation,              International Trade Administration,                   plastic derived from petroleum products
                                               vulcanized rubber bands included within a               Department of Commerce.                               and plastic derived from cellulose
                                               desk accessory set or other type of set or
                                                                                                       SUMMARY: On June 22, 2018, the                        products. Unless the context otherwise
                                               package, and vulcanized rubber band balls.
                                               The scope excludes products that consist of             Department of Commerce (Commerce)                     clearly indicates, the word ‘‘ribbon’’
                                               an elastomer loop and durable tag all-in-one,           published in the Federal Register the                 used in the singular includes the plural
                                               and bands that are being used at the time of            preliminary determination of the                      and the plural ‘‘ribbons’’ includes the
                                               import to fasten an imported product.                   countervailing duty (CVD) investigation               singular.
                                                  Excluded from the scope of this                      on certain plastic decorative ribbon                     The subject merchandise includes
                                               investigation are vulcanized rubber bands of            (plastic ribbon) from the People’s                    ribbons comprised of one or more layers
                                               various sizes with arrow shaped rubber                  Republic of China (China). Commerce is                of substrates made, in whole or in part,
                                               protrusions from the outer diameter that                amending the scope of the preliminary                 of plastics adhered to each other,
                                               exceeds at the anchor point a wall thickness                                                                  regardless of the method used to adhere
                                                                                                       determination.
                                               of 0.125 inches and where the protrusion is
                                                                                                       DATES: Applicable September 6, 2018.                  the layers together, including without
                                               used to loop around, secure and lock in
                                               place.                                                                                                        limitation, ribbons comprised of layers
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                  Excluded from the scope of this                                                                            of substrates adhered to each other
                                                                                                       Mark Hoadley, AD/CVD Operations,
                                               investigation are yarn/fabric-covered                                                                         through a lamination process. Subject
                                                                                                       Office VII, Enforcement and
                                               vulcanized rubber hair bands, regardless of                                                                   merchandise also includes ribbons
                                                                                                       Compliance, International Trade
                                               size.                                                                                                         comprised of (a) one or more layers of
                                                  Merchandise covered by this investigation            Administration, U.S. Department of
                                                                                                                                                             substrates made, in whole or in part, of
                                               is currently classified in the Harmonized               Commerce, 1401 Constitution Avenue
                                                                                                                                                             plastics adhered to (b) one or more
                                               Tariff Schedule of the United States (HTSUS)            NW, Washington, DC 20230; telephone:
                                                                                                                                                             layers of substrates made, in whole or in
                                               under subheading 4016.99.3510.                          (202) 482–3148.
                                                                                                                                                             part, of non-plastic materials, including,
                                               Merchandise covered by the scope may also               SUPPLEMENTARY INFORMATION: On June
                                               enter under HTSUS subheading                                                                                  without limitation, substrates made, in
                                                                                                       22, 2018, Commerce published in the                   whole or in part, of fabric.
                                               4016.99.6050. While the HTSUS subheadings
                                                                                                       Federal Register the preliminary                         The ribbons subject to this
                                               are provided for convenience and customs
                                               purposes, the written description of the                determination of the CVD investigation                investigation may be of any color or
                                               scope of the investigation is dispositive.              of plastic ribbon.1 On August 2, 2018,                combination of colors (including
                                                                                                       Commerce placed on the record of this                 without limitation, ribbons that are
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                                               Appendix II                                             investigation a preliminary decision                  transparent, translucent or opaque) and
                                               List of Topics Discussed in the Preliminary                                                                   may or may not bear words or images,
                                                                                                         1 Certain Plastic Decorative Ribbon from the
                                               Decision Memorandum                                                                                           including without limitation, those of a
                                                                                                       People’s Republic of China: Preliminary Affirmative
                                               I. Summary                                              Countervailing Duty Determination and Alignment       holiday motif. The subject merchandise
                                               II. Background                                          of Final Determination with Final Antidumping
                                               III. Period of Investigation                            Duty Determination, 83 FR 29096 (June 22, 2018)        2 See Scope Comments Preliminary Decision

                                               IV. Scope Comments                                      (Preliminary CVD Determination).                      Memorandum, dated July 30, 2018.



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Document Created: 2018-09-05 23:56:33
Document Modified: 2018-09-05 23:56:33
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 September 6, 2018.
ContactPaul Stolz or Stephanie Berger, 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) 482-4474 or (202) 482-2483, respectively.
FR Citation83 FR 45213 

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