83 FR 45215 - Certain Plastic Decorative Ribbon From the People's Republic of China: Amended Preliminary Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 173 (September 6, 2018)
International Trade Administration
Federal Register Volume 83, Issue 173 (September 6, 2018)
| Page Range | 45215-45217 | |
| FR Document | 2018-19336 |
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)] [Notices] [Pages 45215-45217] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19336] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-076] Certain Plastic Decorative Ribbon From the People's Republic of China: Amended Preliminary Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 22, 2018, the Department of Commerce (Commerce) published in the Federal Register the preliminary determination of the countervailing duty (CVD) investigation on certain plastic decorative ribbon (plastic ribbon) from the People's Republic of China (China). Commerce is amending the scope of the preliminary determination. DATES: Applicable September 6, 2018. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3148. SUPPLEMENTARY INFORMATION: On June 22, 2018, Commerce published in the Federal Register the preliminary determination of the CVD investigation of plastic ribbon.\1\ On August 2, 2018, Commerce placed on the record of this investigation a preliminary decision memorandum addressing all comments received in this proceeding and the companion antidumping proceeding regarding the scope of the investigations.\2\ In accordance with the comments discussed in the memorandum, we made certain changes to the scope of these investigations. The changes include a revision to part b) of clause 4 in paragraph 5, and the exclusion of certain shredded plastic film or shredded plastic strip from the investigations. The revised scope is printed in its entirety below. --------------------------------------------------------------------------- \1\ Certain Plastic Decorative Ribbon from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 29096 (June 22, 2018) (Preliminary CVD Determination). \2\ See Scope Comments Preliminary Decision Memorandum, dated July 30, 2018. --------------------------------------------------------------------------- Scope of the Investigation The merchandise covered by this investigation is certain plastic decorative ribbon having a width (measured at the narrowest span of the ribbon) of less than or equal to four (4) inches in actual measurement, including but not limited to ribbon wound onto itself; a spool, a core or a tube (with or without flanges); attached to a card or strip; wound into a keg- or egg-shaped configuration; made into bows, bow-like items, or other shapes or configurations; and whether or not packaged or labeled for retail sale. The subject merchandise is typically made of substrates of polypropylene, but may be made in whole or in part of any type of plastic, including without limitation, plastic derived from petroleum products and plastic derived from cellulose products. Unless the context otherwise clearly indicates, the word ``ribbon'' used in the singular includes the plural and the plural ``ribbons'' includes the singular. The subject merchandise includes ribbons comprised of one or more layers of substrates made, in whole or in part, of plastics adhered to each other, regardless of the method used to adhere the layers together, including without limitation, ribbons comprised of layers of substrates adhered to each other through a lamination process. Subject merchandise also includes ribbons comprised of (a) one or more layers of substrates made, in whole or in part, of plastics adhered to (b) one or more layers of substrates made, in whole or in part, of non-plastic materials, including, without limitation, substrates made, in whole or in part, of fabric. The ribbons subject to this investigation may be of any color or combination of colors (including without limitation, ribbons that are transparent, translucent or opaque) and may or may not bear words or images, including without limitation, those of a holiday motif. The subject merchandise [[Page 45216]] includes ribbons with embellishments and/or treatments, including, without limitation, ribbons that are printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or that otherwise have impressed designs, images, words or patterns), and ribbons with holographic, metallic, glitter or iridescent finishes. Subject merchandise includes ``pull-bows'' an assemblage of ribbons connected to one another, folded flat, and equipped with a means to form such ribbons into the shape of a bow by pulling on a length of material affixed to such assemblage, and ``pre-notched'' bows, an assemblage of notched ribbon loops arranged one inside the other with the notches in alignment and affixed to each other where notched, and which the end user forms into a bow by separating and spreading the loops circularly around the notches, which form the center of the bow. Subject merchandise includes ribbons that are packaged with non-subject merchandise, including ensembles that include ribbons and other products, such as gift wrap, gift bags, gift tags and/or other gift packaging products. The ribbons are covered by the scope of this investigation; the ``other products'' (i.e., the other, non-subject merchandise included in the ensemble) are not covered by the scope of this investigation. Excluded from the scope of this investigation are the following: (1) Ribbons formed exclusively by weaving plastic threads together; (2) ribbons that have metal wire in, on, or along the entirety of each of the longitudinal edges of the ribbon; (3) ribbons with an adhesive coating covering the entire span between the longitudinal edges of the ribbon for the entire length of the ribbon; (4) ribbon formed into a bow without a tab or other means for attaching the bow to an object using adhesives, where the bow has: (a) An outer layer that is either flocked or made of fabric, and (b) a flexible metal wire at the base which permits attachment to an object by twist-tying; (5) elastic ribbons, meaning ribbons that elongate when stretched and return to their original dimension when the stretching load is removed; (6) ribbons affixed as a decorative detail to non-subject merchandise, such as a gift bag, gift box, gift tin, greeting card or plush toy, or affixed (including by tying) as a decorative detail to packaging containing non-subject merchandise; (7) ribbons that are (a) affixed to non-subject merchandise as a working component of such non-subject merchandise, such as where the ribbon comprises a book marker, bag cinch, or part of an identity card holder, or (b) affixed (including by tying) to non-subject merchandise as a working component that holds or packages such non-subject merchandise or attaches packaging or labeling to such non-subject merchandise, such as a ``belly band'' around a pair of pajamas, a pair of socks or a blanket; (8) imitation raffia made of plastics having a thickness not more than one (1) mil when measured in an unfolded/untwisted state; and (9) ribbons in the form of bows having a diameter of less than seven-eighths (\7/8\) of an inch, or having a diameter of more than 16 inches, based on actual measurement. For purposes of this exclusion, the diameter of a bow is equal to the diameter of the smallest circular ring through which the bow will pass without compressing the bow. The scope of the investigation is not intended to include shredded plastic film or shredded plastic strip, in each case where the shred does not exceed 5 mm in width and does not exceed 18 inches in length, imported in bags. Further, excluded from the scope of the antidumping duty investigation are any products covered by the existing antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from the People's Republic of China (China). See Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, the People's Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008). Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3920.20.0015 and 3926.40.0010. Merchandise covered by this investigation also may enter under subheadings 3920.10.0000; 3920.20.0055; 3920.30.0000; 3920.43.5000; 3920.49.0000; 3920.62.0050; 3920.62.0090; 3920.69.0000; 3921.90.1100; 3921.90.1500; 3921.90.1910; 3921.90.1950; 3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000; 9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000; 5609.00.4000; and 6307.90.9889. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive. Suspension of Liquidation Pursuant to the Preliminary CVD Determination, Commerce previously suspended liquidation of certain plastic decorative ribbon from China entered, or withdrawn from warehouse, for consumption on or after June 22, 2018 (the publication of the Preliminary CVD Determination in the Federal Register). Commerce will now instruct Customs and Border Protection (CBP) to suspend liquidation of certain plastic decorative ribbon from China, as defined by the revised scope language included above, entered, or withdrawn from warehouse, for consumption on or after the publication of this amended preliminary determination in the Federal Register. Commerce will also instruct CBP to lift suspension of certain shredded plastic film or shredded plastic strip, as defined above, now excluded from the investigation. Public Comment Commerce has previously set August 13, 2018, as the deadline for case briefs and August 20, 2018 as the deadline for rebuttal briefs regarding the CVD preliminary determination.\3\ Commerce has set a separate deadline for scope comments for both the antidumping and CVD proceedings.\4\ The current deadline for case briefs regarding scope issues is August 30, 2018, and the current deadline for rebuttal briefs regarding scope issues is September 4, 2018. 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. --------------------------------------------------------------------------- \3\ See Memorandum from Kaitlin Wojnar, ``Countervailing Duty Investigation of Plastic Decorative Ribbon from the People's Republic of China: Extension of Briefing Schedule and Clarification Regarding Scope Issues,'' dated July 24, 2018. \4\ See Scope Comments Preliminary Decision Memorandum at 5. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its amended preliminary determination. If Commerce's final determination is affirmative, the ITC will make its final determination before the later of 120 days after the date of this preliminary determination or 45 days after Commerce's final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. [[Page 45217]] Dated: August 29, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-19336 Filed 9-5-18; 8:45 am] BILLING CODE 3510-DS-P
![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
daltland on DSKBBV9HB2PROD with NOTICES
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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![Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices 45217
Dated: August 29, 2018. Advisory Council on Doing Business in DEPARTMENT OF COMMERCE
Christian Marsh, Africa, Department of Commerce, 1401
Deputy Assistant Secretary for Enforcement Constitution Ave. NW, Room 22004, International Trade Administration
and Compliance. Washington, DC, 20230, telephone: 202– [C–570–070]
[FR Doc. 2018–19336 Filed 9–5–18; 8:45 am] 482–2091, email: dbia@trade.gov,
BILLING CODE 3510–DS–P Giancarlo.Cavallo@trade.gov, Rubber Bands From the People’s
Ashley.Bubna@trade.gov. Republic of China: Preliminary
Affirmative Determination of Critical
DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION:
Circumstances, in Part, in the
Background: The Council was Countervailing Duty Investigation, and
International Trade Administration established on November 4, 2014, to Amendment to the Scope of the
advise the President, through the Preliminary Determination in the
President’s Advisory Council on Doing
Secretary of Commerce, on Countervailing Duty Investigation
Business in Africa
strengthening commercial engagement AGENCY: Enforcement and Compliance,
AGENCY: U.S. Department of Commerce, between the United States and Africa. International Trade Administration,
International Trade Administration. The Council’s charter was renewed for Department of Commerce.
ACTION: Notice of an open meeting of the a second, two-year term in September
SUMMARY: The Department of Commerce
President’s Advisory Council on Doing 2017. The Council was established in (Commerce) has preliminarily
Business in Africa (PAC–DBIA or accordance with the provisions of the determined that critical circumstances
Council). Federal Advisory Committee Act, as exist with respect to imports of rubber
SUMMARY: The President’s Advisory amended, 5 U.S.C. App. bands from certain producers and
Council on Doing Business in Africa Public Submissions: The public is exporters from the People’s Republic of
will hold the final meeting of its term invited to submit written statements to China (China). Further, Commerce has
to deliberate and consider adopting a the Council. Statements must be amended the scope of the countervailing
report containing recommendations to received by 5:00 p.m. September 19, duty (CVD) investigation on rubber
the President on actions the United 2018 by either of the following methods: bands from China.
States Government could take to DATES: Applicable September 6, 2018.
mitigate obstacles that U.S. companies a. Electronic Submissions
FOR FURTHER INFORMATION CONTACT:
face in doing business in Africa, as well Submit statements electronically to Kristen Johnson, AD/CVD Operations,
as findings from the Council’s June 24– Giancarlo Cavallo and Ashley Bubna, Office III, Enforcement and Compliance,
July 5, 2018 Fact-Finding Trip to Designated Federal Officers, President’s International Trade Administration,
Ethiopia, Kenya, Côte d’Ivoire and U.S. Department of Commerce, 1401
Advisory Council on Doing Business in
Ghana, countries the Council identified Constitution Avenue NW, Washington,
Africa, via email: dbia@trade.gov.
as holding particular promise of DC 20230; telephone (202) 482–4793.
business opportunities for U.S. b. Paper Submissions SUPPLEMENTARY INFORMATION:
companies, that was led by Commerce
Secretary Wilbur Ross and Under Send paper statements to Giancarlo Background
Secretary for International Trade Gil Cavallo and Ashley Bubna, Designated On January 30, 2018, Commerce
Kaplan. The recommendations in the Federal Officers, President’s Advisory received a CVD petition concerning
Council’s report may include updates to Council on Doing Business in Africa, imports of rubber bands from China
recommendations the Council Department of Commerce, 1401 filed in proper form on behalf of
previously adopted on April 18, 2018 Constitution Ave. NW, Room 22004, Alliance Rubber Co. (the petitioner).1
for Ethiopia, Kenya, Côte d’Ivoire and Washington, DC, 20230. The investigation was initiated on
Ghana, new recommendations that Statements will be provided to the February 20, 2018,2 and the affirmative
focus on those or other African members in advance of the meeting for Preliminary Determination was
countries, and recommendations that published on July 9, 2018.3
consideration and also will be posted on
apply to the African region broadly. Commerce selected Graceful Imp. &
The Secretary of Commerce extended the Council website (http://trade.gov/
pac-dbia). Any business proprietary Exp. Co., Ltd. (Graceful), Moyoung
the appointments of the members of the Trading Co., Ltd. (Moyoung), and
PAC–DBIA by 60 days, to expire on information should be clearly
Ningbo Syloon Imp & Exp Co., Ltd.
November 5, 2018, to allow the Council designated as such. All statements
(Ningbo Syloon) (collectively, the
sufficient time to complete its final received, including attachments and mandatory respondents) as the
report following the Fact-Finding Trip. other supporting materials, are part of individually-examined respondents in
The final agenda for the meeting will the public record and subject to public
be posted at least one week in advance disclosure. 1 See Letter from the petitioner, ‘‘Petition for the
of the meeting on the Council’s website Meeting minutes: Copies of the Imposition of Antidumping and Countervailing
at http://trade.gov/pac-dbia. Duties: Rubber Bands from Thailand, China, and Sri
Council’s meeting minutes will be Lanka,’’ dated January 30, 2018 (Petition).
DATES: September 26, 2018, 9:30 a.m.– available within ninety (90) days of the 2 See Rubber Bands from Thailand, the People’s
11:30 a.m. meeting on the Council’s website at Republic of China, and Sri Lanka: Initiation of
ADDRESSES: The President’s Advisory http://trade.gov/pac-dbia. Countervailing Duty Investigations, 83 FR 8429
daltland on DSKBBV9HB2PROD with NOTICES
(February 27, 2018) (Initiation Notice), and
Council on Doing Business in Africa accompanying Initiation Checklist.
Dated: August 30, 2018.
meeting will be broadcast via live 3 See Rubber Bands from the People’s Republic of
webcast on the internet at http:// Fred Stewart,
China: Preliminary Affirmative Countervailing Duty
whitehouse.gov/live. Director, Office of Africa. Determination and Alignment of Final
[FR Doc. 2018–19346 Filed 9–5–18; 8:45 am] Determination with Final Antidumping
FOR FURTHER INFORMATION CONTACT:
Determination, 83 FR 31729 (July 9, 2018)
Giancarlo Cavallo or Ashley Bubna, BILLING CODE 3510–DR–P (Preliminary Determination), and accompanying
Designated Federal Officers, President’s Preliminary Decision Memorandum (PDM).
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Document Created: 2018-09-05 23:56:14
Document Modified: 2018-09-05 23:56:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable September 6, 2018. | |
| Contact | Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3148. | |
| FR Citation | 83 FR 45215 |
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