83_FR_51633 83 FR 51436 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value

83 FR 51436 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51436-51439
FR Document2018-22126

The Department of Commerce (Commerce) preliminarily determines that laminated woven sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) July 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51436-51439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-823]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Preliminary Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that laminated woven sacks (LWS) from the Socialist Republic of Vietnam 
(Vietnam) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) for the period of investigation (POI) July 
1, 2017, through December 31, 2017. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable: October 11, 2018.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890, 
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). Commerce 
published the notice of initiation of this investigation

[[Page 51437]]

on April 3, 2018.\1\ On July 31, 2018, Commerce postponed the 
preliminary determination of this investigation and the revised 
deadline is now October 3, 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 Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Initiation of Less-Than-Fair-Value Investigation, 83 FR 
14257 (April 3, 2018) (Initiation Notice).
    \2\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Postponement of Preliminary Determination in the Less-Than-
Fair-Value Investigation, 83 FR 36876 (July 31, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Laminated 
Woven Sacks from the Socialist Republic of Vietnam,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

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

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Laminated Woven Sacks from the Socialist 
Republic of Vietnam: Scope Comments Decision Memorandum for the 
Preliminary Determination'' (Preliminary Scope Decision Memorandum), 
dated concurrently with this preliminary determination.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Because Vietnam is a non-
market economy country, within the meaning of section 771(18) of the 
Act, Commerce has calculated normal value (NV) in accordance with 
section 773(c) of the Act. Furthermore, Commerce preliminarily has 
denied a separate rate to mandatory respondent Xinsheng Plastic 
Industry Co., Ltd., which failed to respondent to certain supplemental 
questionnaires. For a full description of the methodology underlying 
Commerce's preliminary determination, see the Preliminary Decision 
Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\
---------------------------------------------------------------------------

    \7\ See Initiation Notice.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated     Cash deposit
                                                                                     weighted-    rate (adjusted
                  Exporter                                 Producer                   average       for subsidy
                                                                                  dumping margin     offsets)
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Duong Vinh Hoa Packaging Company Limited...  Duong Vinh Hoa Packaging Company             161.16          158.43
                                              Limited.
C.P. Packaging (Vietnam) Industry Co., Ltd.  C.P. Packaging (Vietnam) Industry            161.16          156.19
                                              Co., Ltd.
Tan Dai Hung d.b.a. Tan Dai Hung Joint       Tan Dai Hung d.b.a. Tan Dai Hung             161.16          156.19
 Stock Co. and Tan Dai Hung Plastic Joint     Joint Stock Co. and Tan Dai Hung
 Stock Company.                               Plastic Joint Stock Company.
TKMB Joint Stock Company...................  TKMB Joint Stock Company...........          161.16          156.19
Trung Dong Corporation.....................  Trung Dong Corporation.............          161.16          156.19
Vietnam-wide entity \9\....................  ...................................          292.61          289.88
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the table above as follows: (1) For 
the producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
Vietnam producers/exporters of merchandise under consideration that 
have not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the Vietnam-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the 
table

[[Page 51438]]

above, the cash deposit rate is the cash deposit rate applicable to the 
Vietnam producer/exporter combination (or the Vietnam-wide entity) that 
supplied that third-country exporter.
---------------------------------------------------------------------------

    \9\ The Vietnam-wide entity includes Xinsheng Plastic Industry 
Co., Ltd.
---------------------------------------------------------------------------

    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where Commerce has made a preliminary affirmative determination for 
domestic subsidy pass-through or export subsidies, Commerce has offset 
the calculated estimated weighted-average dumping margin by the 
appropriate rate(s). Any such adjusted rates may be found in the 
Preliminary Determination Section's table of estimated weighted-average 
dumping margins above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify information relied upon in making its 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 final verification report is 
issued in this investigation, unless the Secretary alters the time 
limit. Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this investigation are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

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

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

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. 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 imports of the subject merchandise 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: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is laminated woven 
sacks. Laminated woven sacks are bags consisting of one or more 
plies of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to 
an exterior ply of plastic film such as biaxially-oriented 
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or 
any film suitable for printing, or to an exterior ply of paper; 
printed; displaying, containing, or comprising three or more visible 
colors (e.g., laminated woven sacks printed with three different 
shades of blue would be covered by the scope), not including the 
color of the woven fabric; regardless of the type of printing 
process used; with or without lining; with or without handles; with 
or without special closing features (including, but not limited to, 
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded, 
adhesive-welded, or press-to-close); whether finished or unfinished 
(e.g., whether or not closed on one end and whether or not in roll 
form, including, but not limited to, sheets, lay-flat, or formed in 
tubes); not exceeding one kilogram in actual weight. Laminated woven 
sacks produced in the Socialist Republic of Vietnam are subject to 
the scope regardless of the country of origin of the fabric used to 
make the sack.
    The scope of this investigation excludes laminated woven sacks 
having each of the following physical characteristics: (1) No side 
greater than 24 inches, (2) weight less than 100 grams, (3) an open 
top that is neither sealable nor closable, the rim of which is 
hemmed or sewn around the entire circumference, (4) carry handles 
sewn on the open end, (5) side gussets, and (6) either a bottom 
gusset or a square or rectangular bottom. The excluded items with 
the above-mentioned physical characteristics may be referred to as 
reusable shopping bags.
    Subject laminated woven sacks are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
6305.33.0040 and 6305.33.0080. If entered with plastic coating on 
both sides of the fabric consisting of woven polypropylene strip 
and/or woven polyethylene strip, laminated woven sacks may be 
classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 
3923.29.0000. If entered not closed on one end or in roll form 
(including, but not limited to, sheets, lay-flat tubing, and 
sleeves), laminated woven sacks may be classifiable under other 
HTSUS subheadings, including 3917.39.0050, 3921.90.1100, 
3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or 
polyethylene strips making up the fabric measure more than 5 
millimeters in width, laminated woven sacks may be classifiable 
under other HTSUS subheadings including 4601.99.0500,4601.99.9000, 
and 4602.90.0000. Although HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope is dispositive.

[[Page 51439]]

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Determination Not To Select TKMB as Voluntary Respondent
VIII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Comments
    C. Separate Rates
    D. Dumping Margin for the Separate Rate Companies Not 
Individually Examined
    E. The Vietnam-Wide Entity
    F. Application of Facts Available and Adverse Inferences
    G. Date of Sale
    H. Comparisons to Fair Value
    I. Export Price
    J. Normal Value
    K. Factor Valuation Methodology
IX. Currency Conversion
X. Adjustment Under Section 777a(f) of the Act
XI. Adjustment for Countervailable Export Subsidies
XII. Conclusion

[FR Doc. 2018-22126 Filed 10-10-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               51436                         Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               Act of 1930, as amended (the Act). The                    (2) a brief summary of the argument;                   with sections 751(a)(1) and 777(i)(1) of
                                               Preliminary Decision Memorandum                           and (3) a table of authorities.6                       the Act, and 19 CFR 351.221(b)(4).
                                               contains a full description of the                           Pursuant to 19 CFR 351.310(c),                        Dated: October 3, 2018.
                                               methodology underlying our                                interested parties who wish to request a
                                                                                                                                                                Gary Taverman,
                                               conclusions and is a public document                      hearing must submit a written request to
                                                                                                         the Assistant Secretary for Enforcement                Deputy Assistant Secretary for Antidumping
                                               on file electronically via Enforcement                                                                           and Countervailing Duty Operations,
                                               and Compliance’s Antidumping and                          and Compliance, U.S. Department of                     performing the non-exclusive functions and
                                               Countervailing Duty Centralized                           Commerce, filed electronically through                 duties of the Assistant Secretary for
                                               Electronic Service System (ACCESS).                       ACCESS, within 30 days after the                       Enforcement and Compliance.
                                               ACCESS is available to registered users                   publication of this notice. Hearing
                                               at http://access.trade.gov and in the                     requests should contain the party’s                    Appendix I
                                               Central Records Unit, Room B8024 of                       name, address, telephone number, the                   List of Topics Discussed in the Preliminary
                                               the main Commerce building. In                            number of participants, and a list of the              Decision Memorandum
                                               addition, a complete version of the                       issues parties intend to present at the                I. Summary
                                               Preliminary Decision Memorandum can                       hearing. If a request for a hearing is                 II. Background
                                               be accessed directly at http://                           made, Commerce intends to hold the                     III. Scope of the Order
                                               enforcement.trade.gov/frn. The signed                     hearing at the U.S. Department of                      IV. Preliminary Determination of No
                                               Preliminary Decision Memorandum and                       Commerce, 1401 Constitution Avenue                           Shipments
                                               the election version of this                              NW, Washington, DC 20230, at a time to                 V. Public Comment
                                               memorandum are identical in content.                      be determined. Prior to the hearing,                   VI. Recommendation
                                                                                                         Commerce will contact all parties who                  [FR Doc. 2018–22130 Filed 10–10–18; 8:45 am]
                                               Preliminary Intent To Rescind the
                                               Administrative Review                                     submitted case or rebuttal briefs to                   BILLING CODE 3510–DS–P
                                                                                                         determine if they wish to participate in
                                                  Based on information submitted after                   the hearing. Commerce will then
                                               the initiation of this administrative                     distribute a hearing schedule to these                 DEPARTMENT OF COMMERCE
                                               review, and due to the fact that we have                  parties prior to the hearing, and only
                                               not received any information from U.S.                                                                           International Trade Administration
                                                                                                         those parties listed on the hearing
                                               Customs and Border Protection (CBP)                       schedule may present issues raised in
                                               indicating that the companies subject to                  their briefs.                                          [A–552–823]
                                               this review had reviewable entries of                        All submissions, with limited
                                               subject merchandise to the United                         exceptions, must be filed electronically               Laminated Woven Sacks From the
                                               States during the POR, Commerce                           using ACCESS.7 An electronically filed                 Socialist Republic of Vietnam:
                                               preliminarily determines that the record                  document must be received successfully                 Preliminary Determination of Sales at
                                               evidence indicates that no company                        in its entirety by ACCESS by 5:00 p.m.                 Less Than Fair Value
                                               subject to this review had reviewable                     Eastern Time, on the due dates
                                               entries during the POR.4 Should                                                                                  AGENCY:  Enforcement and Compliance,
                                                                                                         established above (or, where applicable,               International Trade Administration,
                                               evidence arise that leads us to conclude                  to be established by Commerce at a later
                                               that the companies subject to this                                                                               Department of Commerce.
                                                                                                         date). Documents excepted from the
                                               review had reviewable entries of subject                  electronic submission requirements                     SUMMARY:   The Department of Commerce
                                               merchandise to the United States during                   must be filed manually, (i.e., in paper                (Commerce) preliminarily determines
                                               the POR, we will revisit this issue in the                form) with the APO/Dockets Unit in                     that laminated woven sacks (LWS) from
                                               final results of this administrative                      Room 18022 and stamped with the date                   the Socialist Republic of Vietnam
                                               review. Absent any evidence of POR                        and time of receipt by on the due date.8               (Vietnam) are being, or are likely to be,
                                               entries of subject merchandise being                         Unless otherwise extended,                          sold in the United States at less than fair
                                               placed on the record, pursuant to 19                      Commerce intends to issue the final                    value (LTFV) for the period of
                                               CFR 351.213(d)(3), we intend to rescind                   results of this administrative review,                 investigation (POI) July 1, 2017, through
                                               the administrative review of these                        which will include the results of its                  December 31, 2017. Interested parties
                                               companies in the final results.                           analysis of issues raised in any briefs,               are invited to comment on this
                                               Public Comment                                            within 120 days of the publication of                  preliminary determination.
                                                                                                         these preliminary results or review,                   DATES:   Applicable: October 11, 2018.
                                                  Case briefs must be submitted to                       pursuant to section 751(a)(3)(A) of the
                                               Enforcement and Compliance’s                              Act.                                                   FOR FURTHER INFORMATION CONTACT:
                                               Antidumping and Countervailing Duty                                                                              Drew Jackson or Celeste Chen, AD/CVD
                                               Centralized Electronic Service System                     Assessment Rates                                       Operations, Office IV, Enforcement and
                                               (ACCESS) at a date to be determined by                       We intend to issue appropriate                      Compliance, International Trade
                                               Commerce, and rebuttal briefs, limited                    assessment instructions to CBP 15 days                 Administration, U.S. Department of
                                               to issues raised in the case briefs, may                  after the publication of the final                     Commerce, 1401 Constitution Avenue
                                               be submitted no later than five days                      rescission (or, should we find that the                NW, Washington, DC 20230; telephone:
                                               after the deadline for the submission for                 companies subject to this review had                   (202) 482–4406 or (202) 482–0890,
                                               case briefs.5 Commerce will notify                        reviewable entries of subject                          respectively.
                                               interested parties when it has                            merchandise to the United States during                SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with NOTICES




                                               determined a deadline for case briefs via                 the POR, the final results) of this
                                               ACCESS. Parties who submit case or                        administrative review.                                 Background
                                               rebuttal briefs in this proceeding are                       These preliminary results of review
                                               encouraged to submit with each                            are issued and published in accordance                    This preliminary determination is
                                               argument: (1) A statement of the issue;                                                                          made in accordance with section 733(b)
                                                                                                           6 See   19 CFR 351.309(c)(2) and 351.309(d)(2).
                                                                                                                                                                of the Tariff Act of 1930, as amended
                                                 4 Id.                                                     7 See   19 CFR 351.303.                              (the Act). Commerce published the
                                                 5 See   19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).       8 Id.                                                notice of initiation of this investigation


                                          VerDate Sep<11>2014     20:54 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00002    Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                                                                 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                                                              51437

                                               on April 3, 2018.1 On July 31, 2018,                               Scope of the Investigation                                                   731 of the Act. Commerce has
                                               Commerce postponed the preliminary                                   The products covered by this                                               calculated export prices in accordance
                                               determination of this investigation and                            investigation are LWS from Vietnam.                                          with section 772(a) of the Act. Because
                                               the revised deadline is now October 3,                             For a complete description of the scope                                      Vietnam is a non-market economy
                                               2018.2 For a complete description of the                           of this investigation, see Appendix I.                                       country, within the meaning of section
                                               events that followed the initiation of                                                                                                          771(18) of the Act, Commerce has
                                                                                                                  Scope Comments                                                               calculated normal value (NV) in
                                               this investigation, see the Preliminary
                                               Decision Memorandum.3 A list of topics                               In accordance with the preamble to                                         accordance with section 773(c) of the
                                               included in the Preliminary Decision                               Commerce’s regulations,4 the Initiation                                      Act. Furthermore, Commerce
                                               Memorandum is included as Appendix                                 Notice set aside a period of time for                                        preliminarily has denied a separate rate
                                               II to this notice. The Preliminary                                 parties to raise issues regarding product                                    to mandatory respondent Xinsheng
                                               Decision Memorandum is a public                                    coverage (scope).5 Certain interested                                        Plastic Industry Co., Ltd., which failed
                                                                                                                  parties commented on the scope of the                                        to respondent to certain supplemental
                                               document and is on file electronically
                                                                                                                  investigation as it appeared in the                                          questionnaires. For a full description of
                                               via Enforcement and Compliance’s
                                                                                                                  Initiation Notice, as well as additional                                     the methodology underlying
                                               Antidumping and Countervailing Duty                                                                                                             Commerce’s preliminary determination,
                                                                                                                  language proposed by Commerce. For a
                                               Centralized Electronic Service System                              summary of the product coverage                                              see the Preliminary Decision
                                               (ACCESS). ACCESS is available to                                   comments and rebuttal responses                                              Memorandum.
                                               registered users at https://                                       submitted to the record for this
                                               access.trade.gov, and to all parties in the                                                                                                     Combination Rates
                                                                                                                  investigation, and accompanying
                                               Central Records Unit, Room B8024 of                                discussion and analysis of all comments                                        In the Initiation Notice,7 Commerce
                                               the main Department of Commerce                                    timely received, see the Preliminary                                         stated that it would calculate producer/
                                               building. In addition, a complete                                  Scope Decision Memorandum.6                                                  exporter combination rates for the
                                               version of the Preliminary Decision                                Commerce is preliminarily modifying                                          respondents that are eligible for a
                                               Memorandum can be accessed directly                                the scope language as it appeared in the                                     separate rate in this investigation. Policy
                                               at http://enforcement.trade.gov/frn/.                              Initiation Notice. See the revised scope                                     Bulletin 05.1 describes this practice.8
                                               The signed and the electronic versions                             in Appendix I to this notice.                                                Preliminary Determination
                                               of the Preliminary Decision
                                                                                                                  Methodology                                                                    Commerce preliminarily determines
                                               Memorandum are identical in content.
                                                                                                                    Commerce is conducting this                                                that the following estimated weighted-
                                                                                                                  investigation in accordance with section                                     average dumping margins exist:

                                                                                                                                                                                                                      Estimated     Cash deposit
                                                                                                                                                                                                                      weighted-          rate
                                                                                                                                                                                                                       average      (adjusted for
                                                                              Exporter                                                                          Producer                                              dumping          subsidy
                                                                                                                                                                                                                       margin          offsets)
                                                                                                                                                                                                                      (percent)       (percent)

                                               Duong Vinh Hoa Packaging Company Limited ............                        Duong Vinh Hoa Packaging Company Limited ............                                          161.16          158.43
                                               C.P. Packaging (Vietnam) Industry Co., Ltd ................                  C.P. Packaging (Vietnam) Industry Co., Ltd ................                                    161.16          156.19
                                               Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co.                             Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co.                                               161.16          156.19
                                                 and Tan Dai Hung Plastic Joint Stock Company.                                 and Tan Dai Hung Plastic Joint Stock Company.
                                               TKMB Joint Stock Company ........................................            TKMB Joint Stock Company ........................................                              161.16          156.19
                                               Trung Dong Corporation ...............................................       Trung Dong Corporation ...............................................                         161.16          156.19
                                               Vietnam-wide entity 9 ....................................................   .......................................................................................        292.61          289.88



                                               Suspension of Liquidation                                          pursuant to section 733(d)(1)(B) of the                                      combination in the table; (2) for all
                                                 In accordance with section 733(d)(2)                             Act and 19 CFR 351.205(d), Commerce                                          combinations of Vietnam producers/
                                               of the Act, Commerce will direct U.S.                              will instruct CBP to require a cash                                          exporters of merchandise under
                                               Customs and Border Protection (CBP) to                             deposit equal to the weighted average                                        consideration that have not established
                                               suspend liquidation of subject                                     amount by which normal value exceeds                                         eligibility for their own separate rates,
                                               merchandise as described in the scope                              U.S. price, as indicated in the table                                        the cash deposit rate will be equal to the
                                               of the investigation section entered, or                           above as follows: (1) For the producer/                                      estimated weighted-average dumping
                                               withdrawn from warehouse, for                                      exporter combinations listed in the table                                    margin established for the Vietnam-
                                               consumption on or after the date of                                above, the cash deposit rate is equal to                                     wide entity; and (3) for all third-county
                                               publication of this notice in the Federal                          the estimated weighted-average                                               exporters of merchandise under
                                               Register, as discussed below. Further,                             dumping margin listed for that                                               consideration not listed in the table
                                                  1 See Laminated Woven Sacks from the Socialist                  concurrently with, and hereby adopted by, this                                  7 SeeInitiation Notice.
                                               Republic of Vietnam: Initiation of Less-Than-Fair-                 notice (Preliminary Decision Memorandum).                                       8 SeeEnforcement and Compliance’s Policy
                                               Value Investigation, 83 FR 14257 (April 3, 2018)
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                                                                                                                     4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                                                               Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                               (Initiation Notice).                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                  2 See Laminated Woven Sacks from the Socialist
                                                                                                                                                                                               Practice and Application of Combination Rates in
                                                                                                                     5 See Initiation Notice.                                                  Antidumping Investigations involving Non-Market
                                               Republic of Vietnam: Postponement of Preliminary
                                               Determination in the Less-Than-Fair-Value
                                                                                                                     6 See Memorandum, ‘‘Laminated Woven Sacks                                 Economy Countries,’’ (April 5, 2005) (Policy
                                               Investigation, 83 FR 36876 (July 31, 2018).                        from the Socialist Republic of Vietnam: Scope                                Bulletin 05.1), available on Commerce’s website at
                                                  3 See Memorandum, ‘‘Decision Memorandum for                     Comments Decision Memorandum for the                                         http://enforcement.trade.gov/policy/bull05-1.pdf.
                                               the Preliminary Determination in the Less-Than-                    Preliminary Determination’’ (Preliminary Scope                                 9 The Vietnam-wide entity includes Xinsheng

                                               Fair-Value Investigation of Laminated Woven Sacks                  Decision Memorandum), dated concurrently with                                Plastic Industry Co., Ltd.
                                               from the Socialist Republic of Vietnam,’’ dated                    this preliminary determination.



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                                               51438                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               above, the cash deposit rate is the cash                the deadline date for case briefs.10                  woven polypropylene strip and/or woven
                                               deposit rate applicable to the Vietnam                  Pursuant to 19 CFR 351.309(c)(2) and                  polyethylene strip, regardless of the width of
                                               producer/exporter combination (or the                   (d)(2), parties who submit case briefs or             the strip; with or without an extrusion
                                               Vietnam-wide entity) that supplied that                 rebuttal briefs in this investigation are             coating of polypropylene and/or
                                               third-country exporter.                                 encouraged to submit with each                        polyethylene on one or both sides of the
                                                 To determine the cash deposit rate,                   argument: (1) A statement of the issue;               fabric; laminated by any method either to an
                                               Commerce normally adjusts the                                                                                 exterior ply of plastic film such as biaxially-
                                                                                                       (2) a brief summary of the argument;
                                               estimated weighted-average dumping                                                                            oriented polypropylene (BOPP), polyester
                                                                                                       and (3) a table of authorities.
                                                                                                                                                             (PET), polyethylene (PE), nylon, or any film
                                               margin by the amount of domestic                           Pursuant to 19 CFR 351.310(c),                     suitable for printing, or to an exterior ply of
                                               subsidy pass-through and export                         interested parties who wish to request a              paper; printed; displaying, containing, or
                                               subsidies determined in a companion                     hearing, limited to issues raised in the              comprising three or more visible colors (e.g.,
                                               CVD proceeding when CVD provisional                     case and rebuttal briefs, must submit a               laminated woven sacks printed with three
                                               measures are in effect. Accordingly,                    written request to the Assistant                      different shades of blue would be covered by
                                               where Commerce has made a                               Secretary for Enforcement and                         the scope), not including the color of the
                                               preliminary affirmative determination                   Compliance, U.S. Department of                        woven fabric; regardless of the type of
                                               for domestic subsidy pass-through or                    Commerce, within 30 days after the date               printing process used; with or without lining;
                                               export subsidies, Commerce has offset                   of publication of this notice. Requests               with or without handles; with or without
                                               the calculated estimated weighted-                      should contain the party’s name,                      special closing features (including, but not
                                               average dumping margin by the                           address, and telephone number, the                    limited to, closures that are sewn, glued,
                                               appropriate rate(s). Any such adjusted                  number of participants, whether any                   easy-open (e.g., tape or thread), re-closable
                                               rates may be found in the Preliminary                   participant is a foreign national, and a              (e.g., slider, hook and loop, zipper), hot-
                                               Determination Section’s table of                        list of the issues to be discussed. If a              welded, adhesive-welded, or press-to-close);
                                               estimated weighted-average dumping                      request for a hearing is made, Commerce               whether finished or unfinished (e.g., whether
                                               margins above.                                          intends to hold the hearing at the U.S.               or not closed on one end and whether or not
                                                 Should provisional measures in the                    Department of Commerce, 1401                          in roll form, including, but not limited to,
                                               companion CVD investigation expire                                                                            sheets, lay-flat, or formed in tubes); not
                                                                                                       Constitution Avenue NW, Washington,
                                               prior to the expiration of provisional                                                                        exceeding one kilogram in actual weight.
                                                                                                       DC 20230, at a time and date to be
                                               measures in this LTFV investigation,                                                                          Laminated woven sacks produced in the
                                                                                                       determined. Parties should confirm by                 Socialist Republic of Vietnam are subject to
                                               Commerce will direct CBP to begin                       telephone the date, time, and location of             the scope regardless of the country of origin
                                               collecting cash deposits at a rate equal                the hearing two days before the                       of the fabric used to make the sack.
                                               to the estimated weighted-average                       scheduled date.                                          The scope of this investigation excludes
                                               dumping margins calculated in this                                                                            laminated woven sacks having each of the
                                               preliminary determination unadjusted                    International Trade Commission
                                                                                                       Notification                                          following physical characteristics: (1) No side
                                               for the passed-through domestic                                                                               greater than 24 inches, (2) weight less than
                                               subsidies or for export subsidies at the                   In accordance with section 733(f) of               100 grams, (3) an open top that is neither
                                               time the CVD provisional measures                       the Act, Commerce will notify the                     sealable nor closable, the rim of which is
                                               expire.                                                 International Trade Commission (ITC) of               hemmed or sewn around the entire
                                                 These suspension of liquidation                       its preliminary determination of sales at             circumference, (4) carry handles sewn on the
                                               instructions will remain in effect until                LTFV. If the final determination is                   open end, (5) side gussets, and (6) either a
                                               further notice.                                         affirmative, the ITC will determine                   bottom gusset or a square or rectangular
                                                                                                       before the later of 120 days after the date           bottom. The excluded items with the above-
                                               Disclosure
                                                                                                       of this preliminary determination or 45               mentioned physical characteristics may be
                                                 Commerce intends to disclose to                       days after the final determination                    referred to as reusable shopping bags.
                                               interested parties the calculations                     whether imports of the subject                           Subject laminated woven sacks are
                                               performed in connection with this                       merchandise are materially injuring, or               currently classifiable under Harmonized
                                               preliminary determination within five                   threaten material injury to, the U.S.                 Tariff Schedule of the United States (HTSUS)
                                               days of its public announcement or, if                                                                        subheadings 6305.33.0040 and 6305.33.0080.
                                                                                                       industry.
                                               there is no public announcement,                                                                              If entered with plastic coating on both sides
                                               within five days of the date of                         Notification to Interested Parties                    of the fabric consisting of woven
                                               publication of this notice in accordance                                                                      polypropylene strip and/or woven
                                                                                                         This determination is issued and
                                               with 19 CFR 351.224(b).                                                                                       polyethylene strip, laminated woven sacks
                                                                                                       published in accordance with sections                 may be classifiable under HTSUS
                                               Verification                                            733(f) and 777(i)(1) of the Act and 19                subheadings 3923.21.0080, 3923.21.0095,
                                                                                                       CFR 351.205(c).                                       and 3923.29.0000. If entered not closed on
                                                  As provided in section 782(i)(1) of the
                                               Act, Commerce intends to verify                           Dated: October 3, 2018.                             one end or in roll form (including, but not
                                               information relied upon in making its                   Gary Taverman,                                        limited to, sheets, lay-flat tubing, and
                                                                                                       Deputy Assistant Secretary for Antidumping            sleeves), laminated woven sacks may be
                                               final determination.
                                                                                                       and Countervailing Duty Operations,                   classifiable under other HTSUS subheadings,
                                               Public Comment                                          performing the non-exclusive functions and            including 3917.39.0050, 3921.90.1100,
                                                                                                       duties of the Assistant Secretary for                 3921.90.1500, and 5903.90.2500. If the
                                                  Case briefs or other written comments
                                                                                                       Enforcement and Compliance.                           polypropylene strips and/or polyethylene
                                               may be submitted to the Assistant
                                                                                                                                                             strips making up the fabric measure more
                                               Secretary for Enforcement and
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                                                                                                       Appendix I—Scope of the Investigation                 than 5 millimeters in width, laminated
                                               Compliance no later than seven days                                                                           woven sacks may be classifiable under other
                                               after the date on which the last final                    The merchandise covered by this
                                                                                                       investigation is laminated woven sacks.               HTSUS subheadings including
                                               verification report is issued in this                   Laminated woven sacks are bags consisting of          4601.99.0500,4601.99.9000, and
                                               investigation, unless the Secretary alters              one or more plies of fabric consisting of             4602.90.0000. Although HTSUS subheadings
                                               the time limit. Rebuttal briefs, limited to                                                                   are provided for convenience and customs
                                               issues raised in case briefs, may be                       10 See 19 CFR 351.309; see also 19 CFR 351.303     purposes, the written description of the
                                               submitted no later than five days after                 (for general filing requirements).                    scope is dispositive.



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                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                                      51439

                                               Appendix II—List of Topics Discussed                    Background                                             Methodology
                                               in the Preliminary Decision                                                                                       Commerce is conducting this review
                                               Memorandum                                                 On September 1, 2017, Commerce
                                                                                                       published a notice of opportunity to                   in accordance with section 751(a)(1)(B)
                                               I. Summary                                              request an administrative review of the                and 751(a)(2)(A) of the Tariff Act of
                                               II. Background
                                                                                                       antidumping duty order on OTR tires                    1930, as amended (the Act). Export
                                               III. Period of Investigation                                                                                   prices have been calculated in
                                               IV. Scope Comments                                      from China for the period of September
                                                                                                       1, 2016, through August 31, 2017.1 On                  accordance with section 772(a) of the
                                               V. Product Characteristics
                                                                                                       November 17, 2017, Commerce initiated                  Act. Because China is a non-market
                                               VI. Selection of Respondents
                                               VII. Determination Not To Select TKMB as                a review of three exporters of subject                 economy within the meaning of section
                                                     Voluntary Respondent                              merchandise.2 On March 16, 2018,                       771(18) of the Act, NV has been
                                               VIII. Discussion of the Methodology                     Commerce rescinded the review with                     calculated in accordance with section
                                                  A. Non-Market Economy Country
                                                                                                       respect to two exporters upon which the                773(c) of the Act.
                                                  B. Surrogate Country and Surrogate Value                                                                       For a full description of the
                                                     Comments                                          review was initiated.3 On January 23,
                                                                                                                                                              methodology underlying our
                                                  C. Separate Rates                                    2018, Commerce exercised its discretion
                                                                                                                                                              conclusions, see the Preliminary
                                                  D. Dumping Margin for the Separate Rate              to toll all deadlines affected by the
                                                                                                                                                              Decision Memorandum. The
                                                     Companies Not Individually Examined               closure of the Federal Government from
                                                  E. The Vietnam-Wide Entity                                                                                  Preliminary Decision Memorandum is a
                                                                                                       January 20 through 22, 2018.4 On June
                                                  F. Application of Facts Available and                                                                       public document and is on file
                                                                                                       4, 2018, Commerce fully extended the
                                                     Adverse Inferences                                                                                       electronically via Enforcement and
                                                                                                       deadline for issuing the preliminary
                                                  G. Date of Sale                                                                                             Compliance’s Antidumping and
                                                  H. Comparisons to Fair Value                         results to October 3, 2018.5
                                                                                                                                                              Countervailing Duty Centralized
                                                  I. Export Price                                      Scope of the Order                                     Electronic Service System (ACCESS).
                                                  J. Normal Value                                                                                             ACCESS is available to registered users
                                                  K. Factor Valuation Methodology                        The merchandise covered by this
                                               IX. Currency Conversion                                                                                        at https://access.trade.gov, and is
                                                                                                       order includes new pneumatic tires                     available to all parties in the Central
                                               X. Adjustment Under Section 777a(f) of the
                                                     Act                                               designed for off-the-road and off-                     Records Unit, room B8024 of the main
                                               XI. Adjustment for Countervailable Export               highway use, subject to certain                        Department of Commerce building. In
                                                     Subsidies                                         exceptions. The subject merchandise is                 addition, a complete version of the
                                               XII. Conclusion                                         currently classifiable under Harmonized                Preliminary Decision Memorandum can
                                               [FR Doc. 2018–22126 Filed 10–10–18; 8:45 am]            Tariff Schedule of the United States                   be accessed directly on the internet at
                                               BILLING CODE 3510–DS–P
                                                                                                       (HTSUS) subheadings: 4011.20.10.25,                    http://enforcement.trade.gov/frn/. The
                                                                                                       4011.20.10.35, 4011.20.50.30,                          signed Preliminary Decision
                                                                                                       4011.20.50.50, 4011.61.00.00,                          Memorandum and the electronic
                                               DEPARTMENT OF COMMERCE                                  4011.62.00.00, 4011.63.00.00,                          versions of the Preliminary Decision
                                                                                                       4011.69.00.00, 4011.92.00.00,                          Memorandum are identical in content.
                                               International Trade Administration                      4011.93.40.00, 4011.93.80.00,
                                                                                                       4011.94.40.00, and 4011.94.80.00. The                  Preliminary Results of Review
                                               [A–570–912]
                                                                                                       HTSUS subheadings are provided for                       Commerce preliminarily determines
                                               Certain New Pneumatic Off-the-Road                      convenience and customs purposes                       that information placed on the record by
                                               Tires From the People’s Republic of                     only; the written product description of               the sole respondent, Zhongwei,
                                               China: Preliminary Results of                           the scope of the order is dispositive. For             indicates that it is eligible to receive a
                                               Antidumping Duty Administrative                         a complete description of the scope of                 separate rate and has made sales in the
                                               Review; 2016–2017                                       the order, see the Preliminary Decision                United States during the POR at prices
                                                                                                       Memorandum.6                                           below NV. For additional information,
                                               AGENCY:   Enforcement and Compliance,                                                                          see the Preliminary Decision
                                               International Trade Administration,                       1 See Antidumping or Countervailing Duty Order,      Memorandum. Commerce preliminarily
                                               Department of Commerce.                                 Finding, or Suspended Investigation; Opportunity       determines that the following weighted-
                                               SUMMARY: The Department of Commerce                     to Request Administrative Review, 82 FR 41595
                                                                                                                                                              average dumping margin exists for the
                                               (Commerce) preliminarily determines                     (September 1, 2017).
                                                                                                         2 See Initiation of Antidumping and                  period September 1, 2016, through
                                               that Weihai Zhongwei Rubber Co., Ltd.                   Countervailing Duty Administrative Review, 82 FR       August 31, 2017:
                                               (Zhongwei), an exporter of certain new                  52268 (November 13, 2017) (Initiation Notice).
                                               pneumatic off-the-road tires (OTR tires)                  3 See Certain New Pneumatic Off-the-Road Tires
                                                                                                                                                                                                        Weighted-
                                               from the People’s Republic of China                     from the People’s Republic of China: Notice of                                                    average
                                               (China), sold merchandise in the United                 Partial Rescission of the Antidumping Duty                          Exporter                     dumping
                                                                                                       Administrative Review; 2016 2017, 83 FR 11682                                                     margin
                                               States at prices below normal value                     (March 16, 2018).                                                                                (percent)
                                               (NV) during the period of review (POR)                    4 See memorandum, ‘‘Deadlines Affected by the

                                               September 1, 2016, through August 31,                   Shutdown of the Federal Government,’’ dated            Weihai Zhongwei Rubber
                                               2017. We invite interested parties to                   January 23, 2018. All deadlines in this segment of      Co., Ltd .............................     0.79
                                                                                                       the proceeding have been extended by three days.
                                               comment on these preliminary results.                     5 See memorandum, ‘‘New Pneumatic Off-The-
                                               DATES: Applicable: October 11, 2018.                    Road Tires from the People’s Republic of China:        Disclosure and Public Comment
                                               FOR FURTHER INFORMATION CONTACT:                        Extension of Deadline for Preliminary Results of the     Commerce intends to disclose the
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                                                                                                       2016–2017 Antidumping Duty Administrative
                                               Keith Haynes, AD/CVD Operations,                        Review,’’ dated June 4, 2018.                          calculations used in our analysis to
                                               Office III, Enforcement and Compliance,                   6 See memorandum, ‘‘Decision Memorandum for          parties in this review within five days
                                               International Trade Administration,                     Preliminary Results of the Antidumping Duty            of the date of publication of this notice
                                               U.S. Department of Commerce, 1401                       Administrative Review: Certain New Pneumatic           in accordance with 19 CFR 351.224(b).
                                               Constitution Avenue NW, Washington                      Off-the-Road Tires from the People’s Republic of
                                                                                                       China; 2016–2017,’’ dated concurrently with, and
                                                                                                                                                                Interested parties may submit case
                                               DC 20230; telephone: (202) 482–5139.                    hereby adopted by, this notice (Preliminary            briefs within 30 days after the date of
                                               SUPPLEMENTARY INFORMATION:                              Decision Memorandum).                                  publication of these preliminary results


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Document Created: 2018-10-11 15:37:00
Document Modified: 2018-10-11 15:37:00
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: October 11, 2018.
ContactDrew Jackson or Celeste Chen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890, respectively.
FR Citation83 FR 51436 

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