83_FR_58762 83 FR 58538 - Rubber Bands From the People's Republic of China: Final Affirmative Countervailing Duty Determination

83 FR 58538 - Rubber Bands From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range58538-58540
FR Document2018-25296

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of rubber bands from the People's Republic of China (China) for the period of investigation (POI) January 1, 2017, through December 31, 2017.

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58538-58540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25296]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-070]


Rubber Bands From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of rubber bands from the People's Republic of China (China) for the 
period of investigation (POI) January 1, 2017, through December 31, 
2017.

DATES: Applicable November 20, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    This final determination is made in accordance with section 705 of 
the Tariff Act of 1930, as amended (the Act). The petitioner in this 
investigation is Alliance Rubber Co. The mandatory respondents in this 
investigation are Graceful Imp. & Exp. Co., Ltd. (Graceful), Moyoung 
Trading Co., Ltd. (Moyoung), and Ningbo Syloon Imp & Exp Co., Ltd. 
(Ningbo). Neither the mandatory respondents nor the Government of China 
(GOC) responded to our requests for information in this investigation.
    We published the Preliminary Determination on July 9, 2018,\1\ and 
the Preliminary Critical Circumstances and Amended Scope on September 
6, 2018.\2\ We invited interested parties to comment on the preliminary 
determinations. We received scope comments from certain interested 
parties.
---------------------------------------------------------------------------

    \1\ See Rubber Bands from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping 
Determination, 83 FR 31729 (July 9, 2018) (Preliminary 
Determination), and accompanying Preliminary Determination 
Memorandum (PDM).
    \2\ See Rubber Bands from the People's Republic of China: 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, in the Countervailing Duty Investigation, and Amendment to the 
Scope of the Preliminary Determination in the Countervailing Duty 
Investigation, 83 FR 45217 (September 6, 2018) (Preliminary Critical 
Circumstances and Amended Scope).
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Period of Investigation

    The POI is January 1, 2017, through December 31, 2017.

Scope Comments

    We invited parties to comment on Commerce's Preliminary Scope 
Memorandum, and the changes made to the scope of the investigation 
therein.\3\ We have reviewed the briefs submitted by interested 
parties, considered the arguments therein, but have not made further 
changes to the scope of the investigation beyond those incorporated in 
the Preliminary Critical Circumstances and Amended Scope. For further 
discussion, see Commerce's Final Scope Decision Memorandum.\4\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Rubber Bands from the People's Republic of 
China and Thailand: Scope Comments Decision Memorandum for the 
Preliminary Antidumping Duty and Countervailing Duty 
Determinations,'' dated August 29, 2018 (Preliminary Scope 
Memorandum).
    \4\ See Memorandum, ``Rubber Bands from the People's Republic of 
China and Thailand: Scope Decision Memorandum for the Final 
Antidumping Duty and Countervailing Duty Determinations,'' dated 
concurrently with, and hereby adopted by, this notice (Final Scope 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Analysis of Subsidy Programs--Adverse Facts Available

    For purposes of this final determination, we relied solely on facts 
otherwise available because neither the GOC nor any of the selected 
mandatory respondents participated in this investigation.\5\ Further, 
because the mandatory respondents and the GOC did not cooperate to the 
best of their abilities in responding to our requests for information 
in this investigation, we drew adverse inferences in selecting from 
among the facts otherwise available, in accordance with sections 
776(a)-(b) of the Act. Therefore, consistent with the Preliminary 
Determination, we continue to apply adverse facts available (AFA) to 
Graceful, Moyoung, and Ningbo Syloon. No interested party submitted 
comments on Commerce's preliminary determination to apply AFA. Thus, we 
made no changes to the subsidy rate for the mandatory respondents for 
this final determination. A detailed discussion of our application of 
AFA was provided in the Preliminary Determination.\6\
---------------------------------------------------------------------------

    \5\ See sections 776(a)(1) and (2) of the Act.
    \6\ See Preliminary Determination PDM at Use of Facts Otherwise 
Available and Adverse Inferences.
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All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the all-others rate on the countervailable subsidy rate 
established for the mandatory respondents, in accordance with section 
705(c)(5)(A)(ii) of the Act.\7\ We made no changes to the selection of 
the all-others rate for this final determination.
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, 83 FR at 31730.
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Final Affirmative Determination of Critical Circumstances, in Part

    As noted above, the mandatory respondents did not participate in 
this investigation, and no interested party submitted comments on 
critical circumstances. Because Graceful, Moyoung, and Ningbo Syloon 
did not cooperate to the best of their abilities in this investigation, 
we continue to determine that it is appropriate to apply AFA, in 
accordance with sections 776(a)-(b) of the Act, with respect to 
critical circumstances.
    We are making the inconsistency determination with regard to the 
``Export Assistance Grants'' program, which had the lowest rate in the 
Preliminary Determination among the programs alleged to be inconsistent 
with the Subsidies and Countervailing Measures Agreement (SCM

[[Page 58539]]

Agreement).\8\ In so doing, we limit the corresponding offset to the 
dumping margin in the companion antidumping duty investigation, which 
best fulfills our statutory mandate ``to ensure that the party does not 
obtain a more favorable result by failing to cooperate than if it had 
cooperated fully,'' \9\ and induce future cooperation by companies in 
investigations where the petitioners allege the existence of programs 
potentially inconsistent with the SCM Agreement.
---------------------------------------------------------------------------

    \8\ See Preliminary Determination PDM at 10-11 and Appendix.
    \9\ See Statement of Administrative Action accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994) at 
870.
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    Because we find that the ``Export Assistance Grants'' program is 
export contingent, we determine that the criterion under section 
705(a)(2)(A) of the Act has been met. In addition, for the purposes of 
the ``massive imports'' analysis, we continue to find, pursuant to 
section 776(b) of the Act, that the mandatory respondents shipped 
rubber bands in ``massive'' quantities during the comparison period, 
thereby fulfilling the criteria under section 705(a)(2)(B) of the Act. 
Consequently, pursuant to section 705(a)(2) of the Act, Commerce 
determines that critical circumstances exist for imports of rubber 
bands from China for Graceful, Moyoung, and Ningbo Syloon.
    Commerce, however, determines that critical circumstances do not 
exist with respect to all other producers or exporters of rubber bands 
from China because there was not a massive increase in imports, as 
defined by 19 CFR 351.206(h)(2). For further information on Commerce's 
critical circumstances analysis, see the Preliminary Critical 
Circumstances and Amended Scope.\10\
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    \10\ See Preliminary Critical Circumstances and Amended Scope, 
83 FR at 45218-19.
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Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

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

Disclosure

    We described the subsidy rate calculations, which were based on 
AFA, in the Preliminary Determination.\11\ As noted above, there are no 
changes to the calculations. Thus, no additional disclosure is 
necessary for this final determination.
---------------------------------------------------------------------------

    \11\ See Preliminary Determination PDM at Appendix--AFA Rate 
Calculation.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of our affirmative Preliminary Determination and 
pursuant to section 703(d) of the Act, we instructed U.S. Customs and 
Border Protection (CBP) to suspend liquidation of all entries of rubber 
bands from China that were entered or withdrawn from warehouse, for 
consumption, on or after July 9, 2018, the date of publication of the 
Preliminary Determination in the Federal Register.\12\ Subsequently, we 
issued our affirmative Preliminary Critical Circumstances and Amended 
Scope and, pursuant to section 703(e)(2)(A) of the Act, we instructed 
CBP to suspend liquidation, with regard to Graceful, Moyoung, and 
Ningbo Syloon, of any unliquidated entries of subject merchandise from 
China entered, or withdrawn from warehouse, for consumption on or after 
April 10, 2018, which is 90 days prior to the date of publication of 
the Preliminary Determination in the Federal Register.\13\
---------------------------------------------------------------------------

    \12\ See Preliminary Determination, 83 FR at 31729.
    \13\ See Preliminary Critical Circumstances and Amended Scope, 
83 FR at 45219-20.
---------------------------------------------------------------------------

    Additionally, in accordance with section 703(d) of the Act, we 
issued instructions to CBP to discontinue the suspension of liquidation 
for CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after November 6, 2018. We also 
instructed CBP to continue to suspend liquidation on all shipments from 
all other producers or exporters entered, or withdrawn from warehouse, 
for consumption made during the period July 9, 2018, through November 
5, 2018, until the conclusion of this investigation. For Graceful, 
Moyoung, and Ningbo Syloon, we instructed CBP to continue to suspend 
liquidation on all shipments entered, or withdrawn from warehouse, for 
consumption made during the period April 10, 2018, through November 5, 
2018, until the conclusion of this investigation.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation under section 706(a) of the Act, and 
require a cash deposit of estimated CVDs for such entries of subject 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited as a 
result of the suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its determination. In addition, Commerce will make available 
to the ITC all non-privileged and non-proprietary information relating 
to this investigation. Commerce will allow the ITC access to all 
privileged and business proprietary information in the files, provided 
the ITC confirms that it will not disclose such information, either 
publicly or under an administrative protective order (APO), without the 
written consent of the Assistant Secretary for Enforcement and 
Compliance.

Notification Regarding APOs

    This notice serves as a reminder to parties subject to an APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials or, alternatively, conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: November 13, 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

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

[[Page 58540]]

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.

[FR Doc. 2018-25296 Filed 11-19-18; 8:45 am]
BILLING CODE 3510-DS-P



     58538                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     products that contain less than 99.95 percent           The petitioner in this investigation is               Analysis of Subsidy Programs—
     but not less than 99.8 percent magnesium, by            Alliance Rubber Co. The mandatory                     Adverse Facts Available
     actual weight (generally referred to as ‘‘pure’’        respondents in this investigation are
     magnesium); and (3) chemical combinations               Graceful Imp. & Exp. Co., Ltd.                           For purposes of this final
     of magnesium and other material(s) in which                                                                   determination, we relied solely on facts
     the magnesium content is 50 percent or
                                                             (Graceful), Moyoung Trading Co., Ltd.
                                                             (Moyoung), and Ningbo Syloon Imp &                    otherwise available because neither the
     greater, but less than 99.8 percent, by actual
                                                             Exp Co., Ltd. (Ningbo). Neither the                   GOC nor any of the selected mandatory
     weight, whether or not conforming to an
     ‘‘ASTM Specification for Magnesium Alloy.’’             mandatory respondents nor the                         respondents participated in this
        The scope of this investigation excludes             Government of China (GOC) responded                   investigation.5 Further, because the
     mixtures containing 90 percent or less                  to our requests for information in this               mandatory respondents and the GOC
     magnesium in granular or powder form by                 investigation.                                        did not cooperate to the best of their
     actual weight and one or more of certain non-             We published the Preliminary                        abilities in responding to our requests
     magnesium granular materials to make                    Determination on July 9, 2018,1 and the               for information in this investigation, we
     magnesium-based reagent mixtures,                       Preliminary Critical Circumstances and                drew adverse inferences in selecting
     including lime, calcium metal, calcium                  Amended Scope on September 6, 2018.2                  from among the facts otherwise
     silicon, calcium carbide, calcium carbonate,
                                                             We invited interested parties to                      available, in accordance with sections
     carbon, slag coagulants, fluorspar, nepheline
     syenite, feldspar, alumina (A1203), calcium             comment on the preliminary                            776(a)–(b) of the Act. Therefore,
     aluminate, soda ash, hydrocarbons, graphite,            determinations. We received scope                     consistent with the Preliminary
     coke, silicon, rare earth metals/mischmetal,            comments from certain interested                      Determination, we continue to apply
     cryolite, silica/fly ash, magnesium oxide,              parties.                                              adverse facts available (AFA) to
     periclase, ferroalloys, dolomite lime, and                                                                    Graceful, Moyoung, and Ningbo Syloon.
     colemanite.                                             Period of Investigation
                                                                                                                   No interested party submitted
        The merchandise subject to this                        The POI is January 1, 2017, through                 comments on Commerce’s preliminary
     investigation is classifiable under items               December 31, 2017.                                    determination to apply AFA. Thus, we
     8104.11.0000, 8104.19.0000, and
                                                             Scope Comments                                        made no changes to the subsidy rate for
     8104.30.0000 of the Harmonized Tariff
     Schedule of the United States (HTSUS).                                                                        the mandatory respondents for this final
                                                               We invited parties to comment on                    determination. A detailed discussion of
     Although the HTSUS items are provided for               Commerce’s Preliminary Scope
     convenience and customs purposes, the                                                                         our application of AFA was provided in
                                                             Memorandum, and the changes made to                   the Preliminary Determination.6
     written description of the merchandise under
     investigation is dispositive.                           the scope of the investigation therein.3
                                                             We have reviewed the briefs submitted                 All-Others Rate
     [FR Doc. 2018–25300 Filed 11–19–18; 8:45 am]            by interested parties, considered the
     BILLING CODE 3510–DS–P                                  arguments therein, but have not made                     As discussed in the Preliminary
                                                             further changes to the scope of the                   Determination, Commerce based the
                                                             investigation beyond those incorporated               selection of the all-others rate on the
     DEPARTMENT OF COMMERCE                                  in the Preliminary Critical                           countervailable subsidy rate established
                                                             Circumstances and Amended Scope.                      for the mandatory respondents, in
     International Trade Administration                                                                            accordance with section 705(c)(5)(A)(ii)
                                                             For further discussion, see Commerce’s
     [C–570–070]                                             Final Scope Decision Memorandum.4                     of the Act.7 We made no changes to the
                                                                                                                   selection of the all-others rate for this
     Rubber Bands From the People’s                          Scope of the Investigation                            final determination.
     Republic of China: Final Affirmative                      The products covered by this                        Final Affirmative Determination of
     Countervailing Duty Determination                       investigation are rubber bands from                   Critical Circumstances, in Part
     AGENCY:   Enforcement and Compliance,                   China. For a complete description of the
     International Trade Administration,                     scope of this investigation, see the                     As noted above, the mandatory
     Department of Commerce.                                 Appendix to this notice.                              respondents did not participate in this
                                                                                                                   investigation, and no interested party
     SUMMARY: The Department of Commerce                       1 See Rubber Bands from the People’s Republic of
                                                                                                                   submitted comments on critical
     (Commerce) determines that                              China: Preliminary Affirmative Countervailing Duty    circumstances. Because Graceful,
     countervailable subsidies are being                     Determination and Alignment of Final
                                                                                                                   Moyoung, and Ningbo Syloon did not
     provided to producers and exporters of                  Determination with Final Antidumping
                                                             Determination, 83 FR 31729 (July 9, 2018)             cooperate to the best of their abilities in
     rubber bands from the People’s Republic                 (Preliminary Determination), and accompanying         this investigation, we continue to
     of China (China) for the period of                      Preliminary Determination Memorandum (PDM).           determine that it is appropriate to apply
     investigation (POI) January 1, 2017,                      2 See Rubber Bands from the People’s Republic of
                                                                                                                   AFA, in accordance with sections
     through December 31, 2017.                              China: Preliminary Affirmative Determination of
                                                                                                                   776(a)–(b) of the Act, with respect to
                                                             Critical Circumstances, in Part, in the
     DATES: Applicable November 20, 2018.                    Countervailing Duty Investigation, and Amendment      critical circumstances.
     FOR FURTHER INFORMATION CONTACT:                        to the Scope of the Preliminary Determination in
                                                             the Countervailing Duty Investigation, 83 FR 45217       We are making the inconsistency
     Kristen Johnson, AD/CVD Operations,                                                                           determination with regard to the
                                                             (September 6, 2018) (Preliminary Critical
     Office III, Enforcement and Compliance,                 Circumstances and Amended Scope).                     ‘‘Export Assistance Grants’’ program,
     International Trade Administration,                       3 See Memorandum, ‘‘Rubber Bands from the
                                                                                                                   which had the lowest rate in the
     U.S. Department of Commerce, 1401                       People’s Republic of China and Thailand: Scope
                                                                                                                   Preliminary Determination among the
     Constitution Avenue NW, Washington,                     Comments Decision Memorandum for the
                                                             Preliminary Antidumping Duty and Countervailing       programs alleged to be inconsistent with
     DC 20230; telephone (202) 482–4793.                     Duty Determinations,’’ dated August 29, 2018          the Subsidies and Countervailing
     SUPPLEMENTARY INFORMATION:                              (Preliminary Scope Memorandum).                       Measures Agreement (SCM
                                                               4 See Memorandum, ‘‘Rubber Bands from the
     Background                                              People’s Republic of China and Thailand: Scope
                                                                                                                     5 See sections 776(a)(1) and (2) of the Act.
                                                             Decision Memorandum for the Final Antidumping
       This final determination is made in                   Duty and Countervailing Duty Determinations,’’          6 See Preliminary Determination PDM at Use of
     accordance with section 705 of the                      dated concurrently with, and hereby adopted by,       Facts Otherwise Available and Adverse Inferences.
     Tariff Act of 1930, as amended (the Act).               this notice (Final Scope Decision Memorandum).          7 See Preliminary Determination, 83 FR at 31730.




VerDate Sep<11>2014   20:31 Nov 19, 2018   Jkt 247001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\20NON1.SGM    20NON1


                                         Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                              58539

     Agreement).8 In so doing, we limit the                           in the Preliminary Determination.11 As                amounts indicated above. If the ITC
     corresponding offset to the dumping                              noted above, there are no changes to the              determines that material injury, or
     margin in the companion antidumping                              calculations. Thus, no additional                     threat of material injury, does not exist,
     duty investigation, which best fulfills                          disclosure is necessary for this final                this proceeding will be terminated and
     our statutory mandate ‘‘to ensure that                           determination.                                        all estimated duties deposited as a result
     the party does not obtain a more                                                                                       of the suspension of liquidation will be
                                                                      Continuation of Suspension of
     favorable result by failing to cooperate                                                                               refunded or canceled.
                                                                      Liquidation
     than if it had cooperated fully,’’ 9 and
                                                                         As a result of our affirmative                     ITC Notification
     induce future cooperation by companies
     in investigations where the petitioners                          Preliminary Determination and                           In accordance with section 705(d) of
     allege the existence of programs                                 pursuant to section 703(d) of the Act,                the Act, Commerce will notify the ITC
     potentially inconsistent with the SCM                            we instructed U.S. Customs and Border                 of its determination. In addition,
     Agreement.                                                       Protection (CBP) to suspend liquidation               Commerce will make available to the
        Because we find that the ‘‘Export                             of all entries of rubber bands from China             ITC all non-privileged and non-
     Assistance Grants’’ program is export                            that were entered or withdrawn from                   proprietary information relating to this
     contingent, we determine that the                                warehouse, for consumption, on or after               investigation. Commerce will allow the
     criterion under section 705(a)(2)(A) of                          July 9, 2018, the date of publication of              ITC access to all privileged and business
     the Act has been met. In addition, for                           the Preliminary Determination in the                  proprietary information in the files,
     the purposes of the ‘‘massive imports’’                          Federal Register.12 Subsequently, we                  provided the ITC confirms that it will
     analysis, we continue to find, pursuant                          issued our affirmative Preliminary                    not disclose such information, either
     to section 776(b) of the Act, that the                           Critical Circumstances and Amended                    publicly or under an administrative
     mandatory respondents shipped rubber                             Scope and, pursuant to section                        protective order (APO), without the
     bands in ‘‘massive’’ quantities during                           703(e)(2)(A) of the Act, we instructed                written consent of the Assistant
     the comparison period, thereby                                   CBP to suspend liquidation, with regard               Secretary for Enforcement and
     fulfilling the criteria under section                            to Graceful, Moyoung, and Ningbo                      Compliance.
     705(a)(2)(B) of the Act. Consequently,                           Syloon, of any unliquidated entries of                Notification Regarding APOs
     pursuant to section 705(a)(2) of the Act,                        subject merchandise from China
                                                                      entered, or withdrawn from warehouse,                    This notice serves as a reminder to
     Commerce determines that critical                                                                                      parties subject to an APO of their
     circumstances exist for imports of                               for consumption on or after April 10,
                                                                      2018, which is 90 days prior to the date              responsibility concerning the
     rubber bands from China for Graceful,                                                                                  disposition of proprietary information
     Moyoung, and Ningbo Syloon.                                      of publication of the Preliminary
                                                                      Determination in the Federal Register.13              disclosed under APO in accordance
        Commerce, however, determines that                                                                                  with 19 CFR 351.305(a)(3). Timely
                                                                         Additionally, in accordance with
     critical circumstances do not exist with                                                                               written notification of the return or
                                                                      section 703(d) of the Act, we issued
     respect to all other producers or                                                                                      destruction of APO materials or,
                                                                      instructions to CBP to discontinue the
     exporters of rubber bands from China                                                                                   alternatively, conversion to judicial
                                                                      suspension of liquidation for CVD
     because there was not a massive                                                                                        protective order is hereby requested.
                                                                      purposes for subject merchandise
     increase in imports, as defined by 19                                                                                  Failure to comply with the regulations
                                                                      entered, or withdrawn from warehouse,
     CFR 351.206(h)(2). For further                                                                                         and terms of an APO is a violation
                                                                      for consumption on or after November
     information on Commerce’s critical                                                                                     which is subject to sanction.
                                                                      6, 2018. We also instructed CBP to
     circumstances analysis, see the
                                                                      continue to suspend liquidation on all                Notification to Interested Parties
     Preliminary Critical Circumstances and
                                                                      shipments from all other producers or
     Amended Scope.10                                                                                                         This determination is issued and
                                                                      exporters entered, or withdrawn from
                                                                                                                            published pursuant to sections 705(d)
     Final Determination                                              warehouse, for consumption made
                                                                                                                            and 777(i) of the Act and 19 CFR
                                                                      during the period July 9, 2018, through
       Commerce determines that the                                                                                         351.210(c).
                                                                      November 5, 2018, until the conclusion
     following estimated countervailable                              of this investigation. For Graceful,                    Dated: November 13, 2018.
     subsidy rates exist:                                             Moyoung, and Ningbo Syloon, we                        Gary Taverman,
                                                                      instructed CBP to continue to suspend                 Deputy Assistant Secretary for Antidumping
                                                    Subsidy rate
                   Company                                            liquidation on all shipments entered, or              and Countervailing Duty Operations,
                                                     (percent)
                                                                      withdrawn from warehouse, for                         performing the non-exclusive functions and
     Graceful Imp. & Exp. Co.,                                        consumption made during the period                    duties of the Assistant Secretary for
        Ltd .....................................          125.77     April 10, 2018, through November 5,                   Enforcement and Compliance.
     Moyoung Trading Co., Ltd ....                         125.77     2018, until the conclusion of this                    Appendix
     Ningbo Syloon Imp & Exp                                          investigation.
        Co., Ltd .............................             125.77                                                           Scope of the Investigation
                                                                         If the U.S. International Trade
     All-Others ..............................             125.77                                                              The products subject to this investigation
                                                                      Commission (ITC) issues a final
                                                                                                                            are bands made of vulcanized rubber, with a
                                                                      affirmative injury determination, we
     Disclosure                                                                                                             flat length, as actually measured end-to-end
                                                                      will issue a CVD order, reinstate the                 by the band lying flat, no less than 1⁄2 inch
       We described the subsidy rate                                  suspension of liquidation under section               and no greater than 10 inches; with a width,
     calculations, which were based on AFA,                           706(a) of the Act, and require a cash                 which measures the dimension
                                                                      deposit of estimated CVDs for such                    perpendicular to the length, actually of at
       8 See Preliminary Determination PDM at 10–11                   entries of subject merchandise in the                 least 3⁄64 inch and no greater than 2 inches;
     and Appendix.                                                                                                          and a wall thickness actually from 0.020 inch
       9 See Statement of Administrative Action                        11 See Preliminary Determination PDM at              to 0.125 inch. Vulcanized rubber has been
     accompanying the Uruguay Round Agreements Act,                   Appendix—AFA Rate Calculation.                        chemically processed into a more durable
     H.R. Doc. 103–316, Vol. 1 (1994) at 870.                          12 See Preliminary Determination, 83 FR at 31729.    material by the addition of sulfur or other
       10 See Preliminary Critical Circumstances and                   13 See Preliminary Critical Circumstances and        equivalent curatives or accelerators. Subject
     Amended Scope, 83 FR at 45218–19.                                Amended Scope, 83 FR at 45219–20.                     products are included regardless of color or



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     58540                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     inclusion of printed material on the rubber             Enforcement and Compliance,                            coverage (scope).5 Certain interested
     band’s surface, including but not limited to,           International Trade Administration,                    parties commented on the scope of the
     rubber bands with printing on them, such as             U.S. Department of Commerce, 1401                      investigation as it appeared in the
     a product name, advertising, or slogan, and             Constitution Avenue NW, Washington,                    Initiation Notice. For a summary of the
     printed material (e.g., a tag) fastened to the
     rubber band by an adhesive or another
                                                             DC 20230; telephone: (202) 482–4987 or                 product coverage comments and
     temporary type of connection. The scope                 (202) 482–6274, respectively.                          rebuttal responses submitted to the
     includes vulcanized rubber bands which are              SUPPLEMENTARY INFORMATION:                             record for this investigation, and
     contained or otherwise exist in various forms                                                                  accompanying discussion and analysis
                                                             Background                                             of all comments timely received, see the
     and packages, such as, without limitation,
     vulcanized rubber bands included within a                  This preliminary determination is                   Scope Decision Memorandum.6
     desk accessory set or other type of set or              made in accordance with section 733(b)                 Commerce is not preliminarily
     package, and vulcanized rubber band balls.              of the Tariff Act of 1930, as amended                  modifying the scope language as it
     The scope excludes products that consist of             (the Act). Commerce published the                      appeared in the Initiation Notice.
     an elastomer loop and durable tag all-in-one,           notice of initiation of this investigation
     and bands that are being used at the time of                                                                   Methodology
                                                             on May 16, 2018.1 On August 28, 2018,
     import to fasten an imported product.                                                                            Commerce is conducting this
        Excluded from the scope of this                      Commerce published the postponement
     investigation are vulcanized rubber bands of            of the preliminary determination of this               investigation in accordance with section
     various sizes with arrow shaped rubber                  investigation, and the revised deadline                731 of the Act. Export prices was
     protrusions from the outer diameter that                is now November 13, 2018.2 For a                       calculated in accordance with section
     exceeds at the anchor point a wall thickness            complete description of the events that                772(a) of the Act. Constructed export
     of 0.125 inches and where the protrusion is             followed the initiation of this                        prices was calculated in accordance
     used to loop around, secure and lock in                 investigation, see the Preliminary                     with section 772(b) of the Act. Because
     place.                                                  Decision Memorandum.3 A list of topics                 China is a non-market economy within
        Excluded from the scope of this                      included in the Preliminary Decision                   the meaning of section 771(18) of the
     investigation are yarn/fabric-covered                                                                          Act, normal value (NV) was calculated
                                                             Memorandum is included as Appendix
     vulcanized rubber hair bands, regardless of                                                                    in accordance with section 773(c) of the
     size.                                                   II to this notice. The Preliminary
        Merchandise covered by this investigation            Decision Memorandum is a public                        Act.
     is currently classified in the Harmonized               document and is on file electronically                   In addition, because necessary
     Tariff Schedule of the United States (HTSUS)            via Enforcement and Compliance’s                       information regarding the China-wide
     under subheading 4016.99.3510.                          Antidumping and Countervailing Duty                    entity is not on the administrative
     Merchandise covered by the scope may also               Centralized Electronic Service System                  record, Commerce has relied on facts
     enter under HTSUS subheading                            (ACCESS). ACCESS is available to                       available under section 776(a)(1) of the
     4016.99.6050. While the HTSUS subheadings               registered users at https://                           Act to determine the cash deposit rates
     are provided for convenience and customs                access.trade.gov, and to all parties in the            assigned to the China-wide entity.
     purposes, the written description of the                                                                       Furthermore, pursuant to section 776(a)
                                                             Central Records Unit, Room B8024 of
     scope of the investigation is dispositive.                                                                     and (b) of the Act, because the China-
                                                             the main Department of Commerce
     [FR Doc. 2018–25296 Filed 11–19–18; 8:45 am]            building. In addition, a complete                      wide entity did not cooperate to the best
     BILLING CODE 3510–DS–P                                  version of the Preliminary Decision                    of its ability in responding to
                                                             Memorandum can be accessed directly                    Commerce’s requests for data,
                                                             at http://enforcement.trade.gov/frn/.                  Commerce preliminarily has relied
     DEPARTMENT OF COMMERCE                                  The signed and the electronic versions                 upon facts otherwise available, with
                                                             of the Preliminary Decision                            adverse inferences, for the China-wide
     International Trade Administration                                                                             entity. For a full description of the
                                                             Memorandum are identical in content.
     [A–570–084]                                                                                                    methodology underlying Commerce’s
                                                             Scope of the Investigation                             preliminary determination, see the
     Certain Quartz Surface Products From                      The products covered by this                         Preliminary Decision Memorandum.
     the People’s Republic of China:                         investigation are QSP from China. For a
     Preliminary Determination of Sales at                   complete description of the scope of this              Preliminary Affirmative Determination
     Less Than Fair Value and                                investigation, see Appendix I.                         of Critical Circumstances
     Postponement of Final Determination                                                                               In accordance with section 733(e) of
                                                             Scope Comments
                                                                                                                    the Act and 19 CFR 351.206, Commerce
     AGENCY:   Enforcement and Compliance,                     In accordance with the preamble to                   preliminarily determines that critical
     International Trade Administration,                     Commerce’s regulations,4 the Initiation                circumstances exist with respect to
     Department of Commerce.                                 Notice set aside a period of time for                  imports of QSP from China for the
     SUMMARY: The Department of Commerce                     parties to raise issues regarding product              mandatory questionnaire respondents
     (Commerce) preliminarily determines                                                                            (i.e., CQ International,7 Foshan Yixin
     that certain quartz surface products                      1 See Certain Quartz Surface Products from the
                                                                                                                    Stone Co., Ltd. (Yixin Stone), and
     (QSP) from the People’s Republic of                     People’s Republic of China: Initiation of Less-Than-
                                                                                                                    Guangzhou Hercules Quartz Stone Co.,
     China (China) are being, or are likely to               Fair-Value Investigation, 83 FR 22613 (May 16,
                                                             2018) (Initiation Notice).
     be, sold in the United States at less than                2 See Certain Quartz Surface Products from the         5 See Initiation Notice.
     fair value (LTFV). The period of                        People’s Republic of China: Postponement of              6 See Memorandum, ‘‘Certain Quartz Surface
     investigation (POI) is October 1, 2017,                 Preliminary Determination in the Less-Than-Fair-       Products from the People’s Republic of China:
     through March 31, 2018. Interested                      Value Investigation, 83 FR 43848 (August 28, 2018).    Scope Comments Decision Memorandum for the
                                                               3 See Memorandum, ‘‘Decision Memorandum for          Preliminary Determination’’ (Scope Decision
     parties are invited to comment on this                  the Preliminary Determination in the Less-Than-        Memorandum), dated September 14, 2018.
     preliminary determination.                              Fair-Value Investigation of Certain Quartz Surface       7 Commerce preliminarily determines that

     DATES: Applicable November 20, 2018.                    Products from the People’s Republic of China,’’        Suzhou Colorquartzstone New Material Co., Ltd./
                                                             dated concurrently with, and hereby adopted by,        Shanghai Meiyang Stone Co., Ltd./C Q International
     FOR FURTHER INFORMATION CONTACT:                        this notice (Preliminary Decision Memorandum).         Limited HK are a single entity and hereafter
     Andrew Medley or Whitley Herndon,                         4 See Antidumping Duties; Countervailing Duties,     collectively referred to as ‘‘CQ International.’’ See
     AD/CVD Operations, Office II,                           Final Rule, 62 FR 27296, 27323 (May 19, 1997).         Preliminary Decision Memorandum.



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Document Created: 2018-11-20 07:59:22
Document Modified: 2018-11-20 07:59:22
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 November 20, 2018.
ContactKristen Johnson, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4793.
FR Citation83 FR 58538 

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