83_FR_45393 83 FR 45220 - Rubber Bands From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 45220 - Rubber Bands From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range45220-45222
FR Document2018-19332

The Department of Commerce (Commerce) preliminarily determines that rubber bands from Thailand are being or are likely to be sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 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 45220-45222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19332]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-835]


Rubber Bands From Thailand: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that rubber bands from Thailand are being or are likely to be sold in 
the United States at less than fair value (LTFV). The period of 
investigation (POI) is January 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: Laurel LaCivita 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) 482-4243 
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 (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-FairValue Investigations, 83 FR 29748 (June 26, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Rubber 
Bands from Thailand,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are rubber bands from 
Thailand. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to our 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.
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    \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: Scope Comments 
Decision Memorandum for the Preliminary Determination,'' dated 
concurrently with this notice (Preliminary Scope Decision 
Memorandum).
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Methodology

    We are conducting this investigation in accordance with section 731 
of the Act. We have calculated export prices in accordance with section 
772(a) of the Act. Normal value (NV) is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

[[Page 45221]]

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination we shall determine an estimated all-
others rate for all exporters and producers not individually examined. 
This rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins, and any margins determined entirely under section 776 
of the Act.
    In this investigation, we preliminarily determined a zero rate for 
Liang Hah Heng International Rubber Co., Ltd. (Liang Hah Heng).\8\ 
Therefore, the only rate that is not zero, de minimis or based entirely 
on facts otherwise available is the rate calculated for U. Yong 
Industry Co., Ltd. (U. Yong).\9\ Consequently, the rate calculated for 
U. Yong is also assigned as the rate for all-other producers and 
exporters.
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    \8\ See Memorandum, ``Analysis Memorandum for the Preliminary 
Determination of the Antidumping Duty Investigation of Rubber Bands 
from Thailand: Liang Hah Heng International Rubber Co., Ltd. (Liang 
Hah Heng) and Hah Shung Heng Co. (Hah Shung Heng),'' dated 
concurrently with this notice (Liang Hah Heng's Preliminary Analysis 
Memorandum).
    \9\ See Memorandum, ``Analysis Memorandum for the Preliminary 
Determination of the Antidumping Duty Investigation of Rubber Bands 
from Thailand: U. Yong Industry Co., Ltd. (U. Yong),'' dated 
concurrently with this notice (U. Yong's Preliminary Analysis 
Memorandum).
---------------------------------------------------------------------------

Preliminary Determination

    We preliminarily determine that the following estimated weighted-
average dumping margins exist:
---------------------------------------------------------------------------

    \10\ We have preliminarily determined that Liang Hah Heng and 
its affiliated party, Hah Shung Heng Co. (Hah Shung Heng) are a 
single entity. See Memorandum, ``Less-Than-Fair-Value Investigation 
of Rubber Bands from Thailand: Affiliation and Collapsing Memorandum 
Regarding Liang Hah Heng International Rubber Co., Ltd. and Hah 
Shung Heng Co.,'' dated July 20, 2018.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Liang Hah Heng International Rubber Co., Ltd./Hah Shung             0.00
 Heng Co \10\...........................................
U. Yong Industry Co., Ltd...............................            5.86
All Others..............................................            5.86
------------------------------------------------------------------------

    Consistent with section 733(b)(3) of the Act, we disregard de 
minimis rates and preliminarily determine that individually examined 
respondents with de minimis rates have not made sales of subject 
merchandise at LTFV.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of 
entries of subject merchandise, as described in Appendix I, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), we will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination, except if that 
rate is zero or de minimis, no cash deposit will be required; (2) if 
the exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all-other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    We normally adjust cash deposits for estimated antidumping duties 
by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where we preliminarily make an affirmative 
determination for countervailable export subsidies, we offset the 
estimated weighted-average dumping margin by the appropriate CVD rate.
    However, in the companion CVD preliminary determination, we have 
preliminarily determined that no countervailable subsidies are being 
provided to the production or exportation of subject merchandise, and 
therefore, we did not direct CBP to suspend liquidation of any such 
entries.\11\ Accordingly, we made no adjustment for the prohibited 
subsidy offset to the estimated weighted-average dumping margin. These 
suspension of liquidation instructions will remain in effect until 
further notice.
---------------------------------------------------------------------------

    \11\ See Rubber Bands from Thailand: Preliminary Negative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 83 FR 31728 
(July 9, 2018).
---------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in connection with this preliminary determination 
within five days of any 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).

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \12\ 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who

[[Page 45222]]

account for a significant proportion of exports of the subject 
merchandise, or in the event of a negative preliminary determination, a 
request for such postponement is made by the petitioner. Section 
351.210(e)(2) of our regulations requires that a request by exporters 
for postponement of the final determination be accompanied by a request 
for extension of provisional measures from a four-month period to a 
period not more than six months in duration.
    On July 31, 2018, and August 1, 2018, in accordance with 19 CFR 
351.210(b)(2)(ii), Liang Hah Heng and U. Yong requested to postpone the 
final determination for a maximum of 135 days after the date of 
publication of the preliminary determination in the Federal Register, 
in the event that we issued an affirmative preliminary 
determination.\13\ Liang Hah Heng and U. Yong, pursuant to 19 CFR 
351.210(e)(2), also requested an extension of provisional measures from 
a four-month period to a period not more than six months in 
duration.\14\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \13\ See Liang Hah Heng's letter, ``Rubber Bands from Thailand: 
Request to Extend the Deadline for the Final Determination,'' dated 
July 31, 2018; U. Yong's letter, ``Rubber Bands from Thailand: 
Conditional Request for Extension of Final Determination,'' dated 
August 1, 2018.
    \14\ Id.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission (ITC) of our preliminary determination. 
If the 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 these 
imports are materially injuring, or threaten material injury to, the 
U.S. industry.

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. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price
XI. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions
    C. Level of Trade
    D. Cost of Production Analysis
    1. Cost Averaging Methodology
    a. Significance of Cost Changes
    b. Linkage Between Sales and Cost Information
    2. Calculation of COP
    3. Test of Comparison Market Sales Prices
    4. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
    F. Calculation of NV Based on Constructed Value
XII. Currency Conversion
XIII. Verification
XIV. Conclusion

[FR Doc. 2018-19332 Filed 9-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               45220                     Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                               will send appropriate instructions to                   DEPARTMENT OF COMMERCE                                Antidumping and Countervailing Duty
                                               CBP to reflect these changes to the scope                                                                     Centralized Electronic Service System
                                               of the investigation.                                   International Trade Administration                    (ACCESS). ACCESS is available to
                                                                                                       [A–549–835]                                           registered users at https://
                                               ITC Notification
                                                                                                                                                             access.trade.gov, and to all parties in the
                                                 In accordance with section 703(f) of                  Rubber Bands From Thailand:                           Central Records Unit, room B8024 of the
                                               the Act, we will notify the ITC of this                 Preliminary Affirmative Determination                 main Department of Commerce
                                               preliminary determination of critical                   of Sales at Less Than Fair Value,                     building. In addition, a complete
                                               circumstances.                                          Postponement of Final Determination,                  version of the Preliminary Decision
                                                 This determination is issued and                      and Extension of Provisional Measures                 Memorandum can be accessed directly
                                               published pursuant to sections 703(f)                                                                         at http://enforcement.trade.gov/frn/.
                                               and 777(i)(1) of the Act.                               AGENCY:   Enforcement and Compliance,                 The signed and the electronic versions
                                                 Dated: August 29, 2018.
                                                                                                       International Trade Administration,                   of the Preliminary Decision
                                                                                                       Department of Commerce.                               Memorandum are identical in content.
                                               Christian Marsh,
                                                                                                       SUMMARY: The Department of Commerce
                                               Deputy Assistant Secretary for Enforcement              (Commerce) preliminarily determines                   Scope of the Investigation
                                               and Compliance.
                                                                                                       that rubber bands from Thailand are                     The products covered by this
                                               Appendix                                                being or are likely to be sold in the                 investigation are rubber bands from
                                               Amended Scope of the Investigation
                                                                                                       United States at less than fair value                 Thailand. For a complete description of
                                                                                                       (LTFV). The period of investigation                   the scope of this investigation, see
                                                  The products subject to this investigation           (POI) is January 1, 2017, through
                                               are bands made of vulcanized rubber, with a                                                                   Appendix I.
                                               flat length, as actually measured end-to-end            December 31, 2017. Interested parties
                                                                                                       are invited to comment on this                        Scope Comments
                                               by the band lying flat, no less than 1⁄2 inch
                                               and no greater than 10 inches; with a width,            preliminary determination.                               In accordance with the preamble to
                                               which measures the dimension                            DATES: Applicable September 6, 2018.                  our regulations,4 the Initiation Notice
                                               perpendicular to the length, actually of at             FOR FURTHER INFORMATION CONTACT:                      set aside a period of time for parties to
                                               least 3/64 inch and no greater than 2 inches;                                                                 raise issues regarding product coverage
                                               and a wall thickness actually from 0.020 inch
                                                                                                       Laurel LaCivita or Stephanie Berger,
                                                                                                       AD/CVD Operations, Office III,                        (i.e., scope).5 Certain interested parties
                                               to 0.125 inch. Vulcanized rubber has been                                                                     provided comments on the scope of the
                                               chemically processed into a more durable                Enforcement and Compliance,
                                               material by the addition of sulfur or other             International Trade Administration,                   investigation as it appeared in the
                                               equivalent curatives or accelerators. Subject           U.S. Department of Commerce, 1401                     Initiation Notice.6 For a summary of the
                                               products are included regardless of color or            Constitution Avenue NW, Washington,                   product coverage comments and
                                               inclusion of printed material on the rubber             DC 20230; telephone: (202) 482–4243 or                rebuttal responses submitted to the
                                               band’s surface, including but not limited to,
                                                                                                       (202) 482–2483, respectively.                         record for this preliminary
                                               rubber bands with printing on them, such as                                                                   determination, and accompanying
                                               a product name, advertising, or slogan, and             SUPPLEMENTARY INFORMATION:
                                                                                                                                                             discussion and analysis of all comments
                                               printed material (e.g., a tag) fastened to the          Background                                            timely received, see the Preliminary
                                               rubber band by an adhesive or another
                                               temporary type of connection. The scope                    This preliminary determination is                  Scope Decision Memorandum.7 We are
                                               includes vulcanized rubber bands which are              made in accordance with section 733(b)                preliminarily modifying the scope
                                               contained or otherwise exist in various forms           of the Tariff Act of 1930, as amended                 language as it appeared in the Initiation
                                               and packages, such as, without limitation,              (the Act). We published the notice of                 Notice. See the revised scope in
                                               vulcanized rubber bands included within a                                                                     Appendix I to this notice.
                                                                                                       initiation of this investigation on
                                               desk accessory set or other type of set or
                                               package, and vulcanized rubber band balls.              February 27, 2018.1 On June 26, 2018,                 Methodology
                                               The scope excludes products that consist of             we postponed the preliminary
                                                                                                                                                               We are conducting this investigation
                                               an elastomer loop and durable tag all-in-one,           determination of this investigation. The
                                                                                                                                                             in accordance with section 731 of the
                                               and bands that are being used at the time of            revised deadline is now August 29,
                                               import to fasten an imported product.                                                                         Act. We have calculated export prices in
                                                                                                       2018.2 For a complete description of the
                                                  Excluded from the scope of this                                                                            accordance with section 772(a) of the
                                                                                                       events that followed the initiation of
                                               investigation are vulcanized rubber bands of                                                                  Act. Normal value (NV) is calculated in
                                                                                                       this investigation, see the Preliminary
                                               various sizes with arrow shaped rubber                                                                        accordance with section 773 of the Act.
                                               protrusions from the outer diameter that                Decision Memorandum.3 A list of topics
                                                                                                                                                             For a full description of the
                                               exceeds at the anchor point a wall thickness            included in the Preliminary Decision
                                                                                                                                                             methodology underlying the
                                               of 0.125 inches and where the protrusion is             Memorandum is included as Appendix
                                                                                                                                                             preliminary determination, see the
                                               used to loop around, secure and lock in                 II to this notice. The Preliminary
                                               place.                                                                                                        Preliminary Decision Memorandum.
                                                                                                       Decision Memorandum is a public
                                                  Excluded from the scope of this                      document and is on file electronically                   4 See Antidumping Duties; Countervailing Duties,
                                               investigation are yarn/fabric-covered                   via Enforcement and Compliance’s
                                               vulcanized rubber hair bands, regardless of                                                                   Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                                                                                5 See Initiation Notice.
                                               size.                                                     1 See Rubber Bands from the People’s Republic of       6 See Greenbrier’s and Conair’s letter, ‘‘Rubber
                                                  Merchandise covered by this investigation
                                                                                                       China, Sri Lanka, and Thailand: Initiation of Less-   Bands from, Thailand, China and Sri Lanka: Scope
                                               is currently classified in the Harmonized               Than-Fair-Value Investigations, 83 FR 8424            Comments,’’ dated March 12, 2018; Jafferjee’s letter,
                                               Tariff Schedule of the United States (HTSUS)            (February 27, 2018) (Initiation Notice).              ‘‘Rubber Bands from Thailand: Scope Comments,’’
                                               under subheading 4016.99.3510.                            2 See Rubber Bands from the People’s Republic of    dated March 12, 2018; and, the petitioner’s letter,
                                               Merchandise covered by the scope may also
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       China and Thailand: Postponement of Preliminary       ‘‘Petition for the Imposition of Antidumping and
                                               enter under HTSUS subheading                            Determinations in the Less-Than-FairValue             Countervailing Duties on Rubber Bands from
                                               4016.99.6050. While the HTSUS subheadings               Investigations, 83 FR 29748 (June 26, 2018).          Thailand and China—Rebuttal Scope Comments,’’
                                               are provided for convenience and customs                  3 See Memorandum, ‘‘Decision Memorandum for         dated March 22, 2018.
                                               purposes, the written description of the                the Preliminary Determination in the Less-Than-          7 See Memorandum, ‘‘Rubber Bands from

                                               scope of the investigation is dispositive.              Fair-Value Investigation of Rubber Bands from         Thailand: Scope Comments Decision Memorandum
                                                                                                       Thailand,’’ dated concurrently with, and hereby       for the Preliminary Determination,’’ dated
                                               [FR Doc. 2018–19335 Filed 9–5–18; 8:45 am]              adopted by, this notice (Preliminary Decision         concurrently with this notice (Preliminary Scope
                                               BILLING CODE 3510–DS–P                                  Memorandum).                                          Decision Memorandum).



                                          VerDate Sep<11>2014   16:56 Sep 05, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\06SEN1.SGM   06SEN1


                                                                         Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                                   45221

                                               All-Others Rate                                        Suspension of Liquidation                              performed in connection with this
                                                 Sections 733(d)(1)(ii) and 735(c)(5)(A)                 In accordance with section 733(d)(2)                preliminary determination within five
                                               of the Act provide that in the                         of the Act, we will direct U.S. Customs                days of any public announcement or, if
                                               preliminary determination we shall                     and Border Protection (CBP) to suspend                 there is no public announcement,
                                               determine an estimated all-others rate                 liquidation of entries of subject                      within five days of the date of
                                               for all exporters and producers not                    merchandise, as described in Appendix                  publication of this notice in accordance
                                               individually examined. This rate shall                 I, entered, or withdrawn from                          with 19 CFR 351.224(b).
                                               be an amount equal to the weighted                     warehouse, for consumption on or after                 Verification
                                               average of the estimated weighted-                     the date of publication of this notice in
                                                                                                                                                               As provided in section 782(i)(1) of the
                                               average dumping margins established                    the Federal Register. Further, pursuant
                                                                                                                                                             Act, we intend to verify information
                                               for exporters and producers                            to section 733(d)(1)(B) of the Act and 19
                                                                                                                                                             relied upon in making our final
                                               individually investigated, excluding any               CFR 351.205(d), we will instruct CBP to
                                                                                                                                                             determination.
                                               zero and de minimis margins, and any                   require a cash deposit equal to the
                                               margins determined entirely under                      estimated weighted-average dumping                     Public Comment
                                               section 776 of the Act.                                margin or the estimated all-others rate,                  Case briefs or other written comments
                                                 In this investigation, we preliminarily              as follows: (1) The cash deposit rate for              may be submitted to the Assistant
                                               determined a zero rate for Liang Hah                   the respondents listed above will be                   Secretary for Enforcement and
                                               Heng International Rubber Co., Ltd.                    equal to the company-specific estimated                Compliance no later than seven days
                                               (Liang Hah Heng).8 Therefore, the only                 weighted-average dumping margins                       after the date on which the last
                                               rate that is not zero, de minimis or based             determined in this preliminary                         verification report is issued in this
                                               entirely on facts otherwise available is               determination, except if that rate is zero             investigation. Rebuttal briefs, limited to
                                               the rate calculated for U. Yong Industry               or de minimis, no cash deposit will be                 issues raised in case briefs, may be
                                               Co., Ltd. (U. Yong).9 Consequently, the                required; (2) if the exporter is not a                 submitted no later than five days after
                                               rate calculated for U. Yong is also                    respondent identified above, but the                   the deadline date for case briefs.12
                                               assigned as the rate for all-other                     producer is, then the cash deposit rate                Pursuant to 19 CFR 351.309(c)(2) and
                                               producers and exporters.                               will be equal to the company-specific                  (d)(2), parties who submit case briefs or
                                               Preliminary Determination                              estimated weighted-average dumping                     rebuttal briefs in this investigation are
                                                                                                      margin established for that producer of                encouraged to submit with each
                                                  We preliminarily determine that the                 the subject merchandise; and (3) the
                                               following estimated weighted-average                                                                          argument: (1) A statement of the issue;
                                                                                                      cash deposit rate for all-other producers              (2) a brief summary of the argument;
                                               dumping margins exist:                                 and exporters will be equal to the all-                and (3) a table of authorities.
                                                                                                      others estimated weighted-average                         Pursuant to 19 CFR 351.310(c),
                                                                                         Estimated    dumping margin.
                                                                                         weighted-                                                           interested parties who wish to request a
                                                                                          average        We normally adjust cash deposits for                hearing, limited to issues raised in the
                                                      Exporter/producer                               estimated antidumping duties by the
                                                                                         dumping                                                             case and rebuttal briefs, must submit a
                                                                                          margin      amount of export subsidies
                                                                                         (percent)                                                           written request to the Assistant
                                                                                                      countervailed in a companion                           Secretary for Enforcement and
                                               Liang Hah Heng International
                                                                                                      countervailing duty (CVD) proceeding,                  Compliance, U.S. Department of
                                                  Rubber Co., Ltd./Hah                                when CVD provisional measures are in                   Commerce, within 30 days after the date
                                                  Shung Heng Co 10 ............                  0.00 effect. Accordingly, where we                          of publication of this notice. Requests
                                               U. Yong Industry Co., Ltd .....                   5.86 preliminarily make an affirmative                      should contain the party’s name,
                                               All Others ..............................         5.86 determination for countervailable export               address, and telephone number, the
                                                                                                      subsidies, we offset the estimated                     number of participants, whether any
                                                  Consistent with section 733(b)(3) of                weighted-average dumping margin by                     participant is a foreign national, and a
                                               the Act, we disregard de minimis rates                 the appropriate CVD rate.                              list of the issues to be discussed. If a
                                               and preliminarily determine that                          However, in the companion CVD                       request for a hearing is made, we intend
                                               individually examined respondents                      preliminary determination, we have                     to hold the hearing at the U.S.
                                               with de minimis rates have not made                    preliminarily determined that no                       Department of Commerce, 1401
                                               sales of subject merchandise at LTFV.                  countervailable subsidies are being                    Constitution Avenue NW, Washington,
                                                                                                      provided to the production or                          DC 20230, at a time and date to be
                                                 8 See Memorandum, ‘‘Analysis Memorandum for          exportation of subject merchandise, and                determined. Parties should confirm by
                                               the Preliminary Determination of the Antidumping       therefore, we did not direct CBP to
                                               Duty Investigation of Rubber Bands from Thailand:                                                             telephone the date, time, and location of
                                               Liang Hah Heng International Rubber Co., Ltd.
                                                                                                      suspend liquidation of any such                        the hearing two days before the
                                               (Liang Hah Heng) and Hah Shung Heng Co. (Hah           entries.11 Accordingly, we made no                     scheduled date.
                                               Shung Heng),’’ dated concurrently with this notice     adjustment for the prohibited subsidy
                                               (Liang Hah Heng’s Preliminary Analysis                 offset to the estimated weighted-average               Postponement of Final Determination
                                               Memorandum).                                                                                                  and Extension of Provisional Measures
                                                 9 See Memorandum, ‘‘Analysis Memorandum for
                                                                                                      dumping margin. These suspension of
                                               the Preliminary Determination of the Antidumping       liquidation instructions will remain in                   Section 735(a)(2) of the Act provides
                                               Duty Investigation of Rubber Bands from Thailand:      effect until further notice.                           that a final determination may be
                                               U. Yong Industry Co., Ltd. (U. Yong),’’ dated
                                               concurrently with this notice (U. Yong’s                Disclosure                                            postponed until not later than 135 days
                                                                                                                                                             after the date of the publication of the
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                                               Preliminary Analysis Memorandum).
                                                 10 We have preliminarily determined that Liang
                                                                                                         We intend to disclose to interested                 preliminary determination if, in the
                                               Hah Heng and its affiliated party, Hah Shung Heng       parties the calculations and analysis                 event of an affirmative preliminary
                                               Co. (Hah Shung Heng) are a single entity. See                                                                 determination, a request for such
                                               Memorandum, ‘‘Less-Than-Fair-Value Investigation           11 See Rubber Bands from Thailand: Preliminary

                                               of Rubber Bands from Thailand: Affiliation and          Negative Countervailing Duty Determination and        postponement is made by exporters who
                                               Collapsing Memorandum Regarding Liang Hah               Alignment of Final Determination with Final
                                               Heng International Rubber Co., Ltd. and Hah Shung       Antidumping Duty Determination, 83 FR 31728              12 See 19 CFR 351.309; see also 19 CFR 351.303

                                               Heng Co.,’’ dated July 20, 2018.                        (July 9, 2018).                                       (for general filing requirements).



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                                               45222                     Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                               account for a significant proportion of                   Dated: August 29, 2018.                               B. Results of the Differential Pricing
                                               exports of the subject merchandise, or in               Christian Marsh,                                           Analysis
                                               the event of a negative preliminary                                                                           VIII. Date of Sale
                                                                                                       Deputy Assistant Secretary for Enforcement
                                                                                                                                                             IX. Product Comparisons
                                               determination, a request for such                       and Compliance.
                                                                                                                                                             X. Export Price
                                               postponement is made by the petitioner.                                                                       XI. Normal Value
                                               Section 351.210(e)(2) of our regulations                Appendix I
                                                                                                                                                               A. Home Market Viability
                                               requires that a request by exporters for                Scope of the Investigation                              B. Affiliated-Party Transactions
                                               postponement of the final determination                    The products subject to this investigation           C. Level of Trade
                                               be accompanied by a request for                         are bands made of vulcanized rubber, with a             D. Cost of Production Analysis
                                               extension of provisional measures from                  flat length, as actually measured end-to-end            1. Cost Averaging Methodology
                                               a four-month period to a period not                     by the band lying flat, no less than 1⁄2 inch           a. Significance of Cost Changes
                                                                                                       and no greater than 10 inches; with a width,            b. Linkage Between Sales and Cost
                                               more than six months in duration.                                                                                  Information
                                                  On July 31, 2018, and August 1, 2018,                which measures the dimension
                                                                                                       perpendicular to the length, actually of at             2. Calculation of COP
                                               in accordance with 19 CFR                                                                                       3. Test of Comparison Market Sales Prices
                                               351.210(b)(2)(ii), Liang Hah Heng and U.                least 3/64 inch and no greater than 2 inches;
                                                                                                                                                               4. Results of the COP Test
                                               Yong requested to postpone the final                    and a wall thickness actually from 0.020 inch
                                                                                                                                                               E. Calculation of NV Based on Comparison
                                                                                                       to 0.125 inch. Vulcanized rubber has been
                                               determination for a maximum of 135                                                                                 Market Prices
                                                                                                       chemically processed into a more durable                F. Calculation of NV Based on Constructed
                                               days after the date of publication of the               material by the addition of sulfur or other
                                               preliminary determination in the                                                                                   Value
                                                                                                       equivalent curatives or accelerators. Subject         XII. Currency Conversion
                                               Federal Register, in the event that we                  products are included regardless of color or          XIII. Verification
                                               issued an affirmative preliminary                       inclusion of printed material on the rubber           XIV. Conclusion
                                               determination.13 Liang Hah Heng and U.                  band’s surface, including but not limited to,
                                                                                                                                                             [FR Doc. 2018–19332 Filed 9–5–18; 8:45 am]
                                               Yong, pursuant to 19 CFR 351.210(e)(2),                 rubber bands with printing on them, such as
                                               also requested an extension of                          a product name, advertising, or slogan, and           BILLING CODE 3510–DS–P

                                               provisional measures from a four-month                  printed material (e.g., a tag) fastened to the
                                               period to a period not more than six                    rubber band by an adhesive or another
                                               months in duration.14 In accordance
                                                                                                       temporary type of connection. The scope               DEPARTMENT OF COMMERCE
                                                                                                       includes vulcanized rubber bands which are
                                               with section 735(a)(2)(A) of the Act and                contained or otherwise exist in various forms         National Oceanic and Atmospheric
                                               19 CFR 351.210(b)(2)(ii), because: (1)                  and packages, such as, without limitation,            Administration
                                               The preliminary determination is                        vulcanized rubber bands included within a
                                               affirmative; (2) the requesting exporters               desk accessory set or other type of set or            RIN 0648–XG455
                                               account for a significant proportion of                 package, and vulcanized rubber band balls.
                                               exports of the subject merchandise; and                 The scope excludes products that consist of           Mid-Atlantic Fishery Management
                                               (3) no compelling reasons for denial                    an elastomer loop and durable tag all-in-one,         Council (MAFMC); Public Meeting
                                               exist, we are postponing the final                      and bands that are being used at the time of
                                                                                                                                                             AGENCY:  National Marine Fisheries
                                                                                                       import to fasten an imported product.
                                               determination and extending the                            Excluded from the scope of this                    Service (NMFS), National Oceanic and
                                               provisional measures from a four-month                  investigation are vulcanized rubber bands of          Atmospheric Administration (NOAA),
                                               period to a period not greater than six                 various sizes with arrow shaped rubber                Commerce.
                                               months. Accordingly, we will make our                   protrusions from the outer diameter that              ACTION: Notice; public meeting.
                                               final determination no later than 135                   exceeds at the anchor point a wall thickness
                                               days after the date of publication of this              of 0.125 inches and where the protrusion is           SUMMARY:   The Mid-Atlantic Fishery
                                               preliminary determination.                              used to loop around, secure and lock in               Management Council’s Mackerel, Squid,
                                                                                                       place.                                                and Butterfish Advisory Panel and
                                               International Trade Commission                             Excluded from the scope of this                    Committee will hold a public meeting
                                               Notification                                            investigation are yarn/fabric-covered                 via webinar.
                                                 In accordance with section 733(f) of                  vulcanized rubber hair bands, regardless of
                                                                                                                                                             DATES: The meeting will be held on
                                                                                                       size.
                                               the Act, we will notify the International                  Merchandise covered by this investigation          Monday September 24, 2018, from 10
                                               Trade Commission (ITC) of our                           is currently classified in the Harmonized             a.m. to 12 p.m. See SUPPLEMENTARY
                                               preliminary determination. If the final                 Tariff Schedule of the United States (HTSUS)          INFORMATION for agenda details.
                                               determination is affirmative, the ITC                   under subheading 4016.99.3510.                        ADDRESSES: The meeting will be held
                                               will determine before the later of 120                  Merchandise covered by the scope may also             via webinar, which can be accessed at:
                                               days after the date of this preliminary                 enter under HTSUS subheading                          http://mafmc.adobeconnect.com/
                                               determination or 45 days after the final                4016.99.6050. While the HTSUS subheadings
                                                                                                                                                             chubapcom2/. Participants may also
                                               determination whether these imports                     are provided for convenience and customs
                                                                                                       purposes, the written description of the              connect via telephone by calling 1–800–
                                               are materially injuring, or threaten                                                                          832–0736 and entering room number
                                                                                                       scope of the investigation is dispositive.
                                               material injury to, the U.S. industry.                                                                        5068871.
                                               Notification to Interested Parties                      Appendix II                                              Council address: Mid-Atlantic Fishery
                                                                                                       List of Topics Discussed in the Preliminary           Management Council, 800 N. State
                                                 This determination is issued and                                                                            Street, Suite 201, Dover, DE 19901;
                                                                                                       Decision Memorandum
                                               published in accordance with sections                                                                         telephone: (302) 674–2331; website:
                                               733(f) and 777(i)(1) of the Act and 19                  I. Summary
                                                                                                       II. Background                                        www.mafmc.org.
                                               CFR 351.205(c).
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                                                                                                       III. Period of Investigation                          FOR FURTHER INFORMATION CONTACT:
                                                  13 See Liang Hah Heng’s letter, ‘‘Rubber Bands
                                                                                                       IV. Postponement of Final Determination and           Christopher M. Moore, Ph.D., Executive
                                               from Thailand: Request to Extend the Deadline for
                                                                                                             Extension of Provisional Measures               Director, Mid-Atlantic Fishery
                                               the Final Determination,’’ dated July 31, 2018; U.      V. Scope Comments
                                                                                                       VI. Affiliation and Collapsing
                                                                                                                                                             Management Council, telephone: (302)
                                               Yong’s letter, ‘‘Rubber Bands from Thailand:
                                               Conditional Request for Extension of Final              VII. Discussion of the Methodology                    526–5255.
                                               Determination,’’ dated August 1, 2018.                     A. Determination of the Comparison                 SUPPLEMENTARY INFORMATION: The Mid-
                                                  14 Id.                                                     Method                                          Atlantic Fishery Management Council’s


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Document Created: 2018-09-05 23:55:46
Document Modified: 2018-09-05 23:55:46
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.
ContactLaurel LaCivita 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) 482-4243 or (202) 482-2483, respectively.
FR Citation83 FR 45220 

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