83_FR_58771 83 FR 58547 - Rubber Bands From the People's Republic of China: Final Determination of Sales at Less Than Fair Value

83 FR 58547 - Rubber Bands From the People's Republic of China: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range58547-58549
FR Document2018-25294

The Department of Commerce (Commerce) determines that rubber bands from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) July 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 58547-58549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25294]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-069]


Rubber Bands From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that rubber 
bands from the People's Republic of China (China) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV) 
during the period of investigation (POI) July 1, 2017, through December 
31, 2017.

DATES: Applicable November 20, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Stephanie Berger, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone:

[[Page 58548]]

(202) 482-4474 or (202) 482-2483, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This final determination is made in accordance with section 735(a) 
of the Tariff Act of 1930, as amended (the Act). On September 6, 2018, 
Commerce published in the Federal Register its preliminary affirmative 
determination of sales at LTFV in the investigation of rubber bands 
from China.\1\ We invited interested parties to comment on the 
Preliminary Determination. We received no comments from interested 
parties in this respect.
---------------------------------------------------------------------------

    \1\ See Less-Than-Fair-Value Investigation of Rubber Bands from 
the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 83 FR 45213 
(September 6, 2018) (Preliminary Determination).
---------------------------------------------------------------------------

Period of Investigation

    The POI is July 1, 2017, through December 31, 2017. This period 
corresponds to the two most recent fiscal quarters prior to the month 
of the filing of the Petition, which was filed on January 30, 2018.\2\
---------------------------------------------------------------------------

    \2\ See letter from Alliance Rubber Co., ``Petition for 
Imposition of Antidumping and Countervailing Duties on Rubber Bands 
from Thailand, China and Sri Lanka,'' dated January 30, 2018 (the 
Petition).
---------------------------------------------------------------------------

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 Determination. 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.
---------------------------------------------------------------------------

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 Comments Received

    As noted above, we received no comments in response to the 
Preliminary Determination. For the purposes of this final 
determination, Commerce has made no changes to the Preliminary 
Determination.

China-Wide Entity

    As explained in the Preliminary Determination, Commerce did not 
receive timely responses to its quantity and value (Q&V) questionnaire, 
nor did it receive separate rate applications, from certain exporters 
and/or producers of subject merchandise that were named in the Petition 
and to which Commerce issued Q&V questionnaires.\5\ As these non-
responsive China companies did not demonstrate that they are eligible 
for separate rate status, Commerce continues to consider them to be a 
part of the China-wide entity. Because these companies, which comprise 
part of the China-wide entity, failed to submit the requested Q&V 
information, we determine that the China-wide entity did not cooperate 
to the best of its ability. Consequently, we continue to find that the 
China-wide entity withheld requested information and significantly 
impeded the proceeding by not submitting the requested information. As 
a result, we are continuing to find that the use of adverse facts 
available (AFA), pursuant to sections 776(a) and (b) of the Act, is 
appropriate and are applying a rate based entirely on AFA to the China-
wide entity.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination at the ``Methodology'' 
section, and the memorandum, ``Decision Memorandum for the 
Preliminary Determination in the Less-Than-Fair-Value Investigation 
of Rubber Bands from the People's Republic of China,'' dated August 
29, 2018 (PDM) at 4-7.
---------------------------------------------------------------------------

China-Wide Rate

    In selecting the AFA rate for the China-wide entity, Commerce's 
practice is to select a rate that is sufficiently adverse to ensure 
that the uncooperative party does not obtain a more favorable result by 
failing to cooperate than if it had fully cooperated.\6\ Specifically, 
it is Commerce's practice to select, as an AFA rate, the higher of: (a) 
The highest dumping margin alleged in the Petition; or, (b) the highest 
calculated dumping margin of any respondent in the investigation.\7\ 
Because no party responded to Commerce's Q&V questionnaire, and thus no 
mandatory respondents could be selected, there are no calculated 
dumping margins on the record of this investigation. Therefore, as AFA, 
Commerce has assigned to the China-wide entity, the rate of 27.27 
percent, which is the only dumping margin alleged in the Petition.\8\
---------------------------------------------------------------------------

    \6\ See Statement of Administrative Action accompanying the 
Uruguay Round Agreements Act, H.R. Rep. No. 103-316 at 870 (1994) 
(H.R. Rep 103-316), reprinted in 1994 U.S.C.A.A.N.
    \7\ See, e.g., Certain Stilbenic Optical Brightening Agents from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Flat-Rolled Carbon Quality Steel Products from the People's Republic 
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and 
Decision Memorandum.
    \8\ See Preliminary Determination at 45213-14 and the PDM at 6-
7.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances

    In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, 
we preliminarily found that critical circumstances exist with respect 
to imports of rubber bands from the China-wide entity.\9\ As stated 
above, we received no comments with respect to the Preliminary 
Determination. Therefore, for the final determination, we continue to 
find that, in accordance with section 735(a)(3) of the Act, and 19 CFR 
351.206, critical circumstances exist with respect to subject 
merchandise exported by the China-wide entity.
---------------------------------------------------------------------------

    \9\ Id. at 45213 and see the PDM at 7-10.
---------------------------------------------------------------------------

Final Determination

    The final weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                          margin
                                                              (percent)
------------------------------------------------------------------------
China-Wide Entity..........................................       27.27
------------------------------------------------------------------------

Disclosure

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

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4)(A) of the Act, we will 
instruct U.S. Customs and Border Protection

[[Page 58549]]

(CBP) to continue to suspend liquidation of all imports of the 
merchandise subject to the investigation from the China-wide entity, 
that were entered or withdrawn from warehouse, for consumption on or 
after June 8, 2018, 90 days prior to publication of the Preliminary 
Determination notice in the Federal Register, and require a cash 
deposit for such entries as noted below.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce 
will instruct CBP to collect a cash deposit as follows: (1) The rate 
for the exporters listed in the chart above will be the rate we have 
determined in this final determination; (2) for all Chinese exporters 
of subject merchandise which have not received their own rate, the 
cash-deposit rate will be the China-wide rate; and (3) for all non-
Chinese exporters of subject merchandise which have not received their 
own rate, the cash-deposit rate will be the rate applicable to the 
Chinese exporter/producer combination that supplied that non-Chinese 
exporter. These suspension of liquidation instructions will remain in 
effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of rubber bands 
from China no later than 45 days after this final determination. If the 
ITC determines that material injury, or threat of material injury, does 
not exist, the proceeding will be terminated, and all cash deposits 
will be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

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

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) 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 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-
inone, 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. 2018-25294 Filed 11-19-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                       Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                          58547

                                                                 LIST OF SEPARATE RATE COMPANIES—Continued
                                                 Exporter                                                                                       Producer

                                                                                                              Producers supplying the non-individually-examined exporters receiving
            Non-individually examined exporters receiving separate rates                                                                separate rates

     Xiamen Vatro Stone Imp. & Exp. Co., Ltd ...............................................                  Shandong Whitley New Materials Co., Ltd.
     Xiamen Vesen Imp. & Exp. Trade Co., Ltd .............................................                    Nanan Xingli Stone Co., Ltd.
     Xiamen Wanfu Trade Co., Ltd .................................................................            Xiamen Wanfu Trade Co., Ltd.
     Xiamen Wanfu Trade Co., Ltd .................................................................            Thinking Industries Corporation.
     Xiamen Wanfu Trade Co., Ltd .................................................................            Yifeng Industries Corporation.
     Xiamen Wanli Stone Decoration & Design Co., Ltd ................................                         Xiamen Wanlistone Stock Co., Ltd.
     Xiamen Wanli Stone Decoration & Design Co., Ltd ................................                         Quanzhou Yifeng Co., Ltd.
     Xiamen Wanli Stone Decoration & Design Co., Ltd ................................                         Nan’an Fengsheng Stone Co., Ltd.
     Xiamen Wanli Stone Decoration & Design Co., Ltd ................................                         Thinking Industries Corporation Limited.
     Xiamen Wanli Stone Decoration & Design Co., Ltd ................................                         One Stone Quartz Co., Ltd.
     Xiamen Wanli Stone Decoration & Design Co., Ltd ................................                         Taking Luck (Xiamen) Granite & Marble Co., Ltd.
     Xiamen Wanlistone Stock Co., Ltd ..........................................................              Xiamen Wanlistone Stock Co., Ltd.
     Xiamen Winson Import and Export Co., Ltd ............................................                    Xiamen Oulandi New Building Materail Co., Ltd.
     Xiamen Yadonglong Imp & Exp. Co., Ltd ................................................                   Quanzhou Yifeng Co., Ltd.
     Xiamen Yadonglong Imp & Exp. Co., Ltd ................................................                   Xiamen Orienti New Building Materials Ltd.
     Xiamen Yadonglong Imp & Exp. Co., Ltd ................................................                   Xinmingdu Building Materials (Xiamen) Co., Ltd.
     Xiamen Yalitong Stone Industrial Co., Ltd ...............................................                Fujian Nanan Xudong Building Materials Co., Ltd.
     Xiamen Yalitong Stone Industrial Co., Ltd ...............................................                Zhongci Wanjia Decoration Materials Co., Ltd.
     Xiamen Yalitong Stone Industrial Co., Ltd ...............................................                Quanzhou Yifeng Co., Ltd.
     Xiamen Yeyang Import & Export Co., Ltd. (AKA Xiamen Yeyang                                               Fujian Nanan Yuanhong Construction Materails Co., Ltd.
       Imp&Exp Co., Ltd.).
     Xiamen Yiqing Imp. & Exp. Co., Ltd ........................................................              Fujian Nanan Yuanhong Construction Materails Co., Ltd.
     Xiamen Zhongguanshi Stone Industry Co., Limited ................................                         Yunan Guanglai Stone Co., Ltd.
     Xiamen Zhongguanshi Stone Industry Co., Limited ................................                         Foshan Devialef New Materials Co., Ltd.
     Xiamen Zhongguanshi Stone Industry Co., Limited ................................                         Nan’an Guang Tai Xiang Stone Co., Ltd.
     Xiamen Zhongguanshi Stone Industry Co., Limited ................................                         Wanfeng Compound Stone Technology.
     Xiamen Zhongguanshi Stone Industry Co., Limited ................................                         Foshan Xinghe Quartz Stone Co., Ltd.
     Xinyun Stone (Yunfu) Co., Ltd .................................................................          Xinyun Stone (Yunfu) Co., Ltd.
     Yekalon Industry Inc .................................................................................   Foshan Xinyixin Stone Company Limited.
     Yunfu Andi Stone Co., Ltd .......................................................................        Yunfu Andi Stone Co., Ltd.
     Yunfu Chuangyun New Meterail Co., Ltd ................................................                   Yunfu Chuangyun New Meterail Co., Ltd.
     Yunfu Dong Shan Stone Material Co., Ltd ..............................................                   Yunfu Dong Shan Stone Material Co., Ltd.
     Yunfu Honghai Co., Ltd ............................................................................      Yunfu Honghai Co., Ltd.
     Yunfu Jiuru Stone Ltd ...............................................................................    Yunfu Jiuru Stone Ltd.
     Yunfu Meiao Stone Co., Ltd .....................................................................         Yunfu Meiao Stone Co., Ltd.
     Yunfu Wayon Stone Co., Ltd ...................................................................           Yunfu Wayon Stone Co., Ltd.
     Yunfu Wayon Stone Co., Ltd ...................................................................           Guangdong Wayon Industrial Co., Ltd.
     Yunfu Weibao Stone Co., Ltd ..................................................................           Yunfu Weibao Stone Co., Ltd.
     Yunfu Weibao Stone Co., Ltd ..................................................................           Guangdong Wayon Industrial Co., Ltd.
     Yunfu Wintop Stone Co., Ltd ...................................................................          Yunfu Wintop Stone Co., Ltd.
     Yunfu Wintop Stone Co., Ltd ...................................................................          Guangdong Bosun Quartz Stone Co., Ltd.
     Yunfu Wintop Stone Co., Ltd ...................................................................          Yunfu Runtai Stone Co., Ltd.
     Yunfu Wintop Stone Co., Ltd ...................................................................          RongHuaFu Yunfu Stone Co., Ltd.
     Zhangzhou OCA Furniture Co., Ltd .........................................................               Fujian Panmin Co., Ltd.
     Zhangzhou OCA Furniture Co., Ltd .........................................................               Wanfu Building Materials Products Co., Ltd.
     Zhaoqing Aibo New Material Technology Co., Ltd ..................................                        Zhaoqing Aibo New Material Technology Co., Ltd.
     Zhaoqing Aibo New Material Technology Co., Ltd ..................................                        Shanghai Meiyang Stone Co., Ltd.
     Zhaoqing Maxstone Co., Ltd ....................................................................          Zhaoqing Maxstone Co., Ltd.
     Zhaoqing Uni Marble Co., Ltd ..................................................................          Vemy Quartz Co., Ltd.
     Zhaoqing Uni Marble Co., Ltd ..................................................................          Guangdong Bosun Quartz Stone Co., Ltd.



     [FR Doc. 2018–25299 Filed 11–19–18; 8:45 am]                          DEPARTMENT OF COMMERCE                                      China (China) are being, or are likely to
     BILLING CODE 3510–DS–P                                                                                                            be, sold in the United States at less than
                                                                           International Trade Administration                          fair value (LTFV) during the period of
                                                                           [A–570–069]                                                 investigation (POI) July 1, 2017, through
                                                                                                                                       December 31, 2017.
                                                                           Rubber Bands From the People’s
                                                                                                                                       DATES:    Applicable November 20, 2018.
                                                                           Republic of China: Final Determination
                                                                           of Sales at Less Than Fair Value                            FOR FURTHER INFORMATION CONTACT:    Paul
                                                                                                                                       Stolz or Stephanie Berger, AD/CVD
                                                                           AGENCY:  Enforcement and Compliance,
                                                                           International Trade Administration,                         Operations, Office III, Enforcement and
                                                                           Department of Commerce.                                     Compliance, International Trade
                                                                           SUMMARY: The Department of Commerce                         Administration, U.S. Department of
                                                                           (Commerce) determines that rubber                           Commerce, 1401 Constitution Avenue
                                                                           bands from the People’s Republic of                         NW, Washington, DC 20230; telephone:


VerDate Sep<11>2014       20:31 Nov 19, 2018        Jkt 247001     PO 00000      Frm 00024       Fmt 4703     Sfmt 4703   E:\FR\FM\20NON1.SGM    20NON1


     58548                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     (202) 482–4474 or (202) 482–2483,                       Analysis of Comments Received                           responded to Commerce’s Q&V
     respectively.                                             As noted above, we received no                        questionnaire, and thus no mandatory
                                                             comments in response to the                             respondents could be selected, there are
     SUPPLEMENTARY INFORMATION:                                                                                      no calculated dumping margins on the
                                                             Preliminary Determination. For the
     Background                                              purposes of this final determination,                   record of this investigation. Therefore,
                                                             Commerce has made no changes to the                     as AFA, Commerce has assigned to the
       This final determination is made in                   Preliminary Determination.                              China-wide entity, the rate of 27.27
     accordance with section 735(a) of the                                                                           percent, which is the only dumping
     Tariff Act of 1930, as amended (the Act).               China-Wide Entity                                       margin alleged in the Petition.8
     On September 6, 2018, Commerce                             As explained in the Preliminary                      Final Affirmative Determination of
     published in the Federal Register its                   Determination, Commerce did not                         Critical Circumstances
     preliminary affirmative determination of                receive timely responses to its quantity
     sales at LTFV in the investigation of                                                                             In accordance with section 733(e)(1)
                                                             and value (Q&V) questionnaire, nor did
     rubber bands from China.1 We invited                                                                            of the Act and 19 CFR 351.206, we
                                                             it receive separate rate applications,
     interested parties to comment on the                                                                            preliminarily found that critical
                                                             from certain exporters and/or producers
     Preliminary Determination. We received                                                                          circumstances exist with respect to
                                                             of subject merchandise that were named                  imports of rubber bands from the China-
     no comments from interested parties in                  in the Petition and to which Commerce                   wide entity.9 As stated above, we
     this respect.                                           issued Q&V questionnaires.5 As these                    received no comments with respect to
                                                             non-responsive China companies did                      the Preliminary Determination.
     Period of Investigation
                                                             not demonstrate that they are eligible for              Therefore, for the final determination,
        The POI is July 1, 2017, through                     separate rate status, Commerce                          we continue to find that, in accordance
     December 31, 2017. This period                          continues to consider them to be a part                 with section 735(a)(3) of the Act, and 19
     corresponds to the two most recent                      of the China-wide entity. Because these                 CFR 351.206, critical circumstances
     fiscal quarters prior to the month of the               companies, which comprise part of the                   exist with respect to subject
     filing of the Petition, which was filed on              China-wide entity, failed to submit the                 merchandise exported by the China-
     January 30, 2018.2                                      requested Q&V information, we                           wide entity.
                                                             determine that the China-wide entity
     Scope Comments                                          did not cooperate to the best of its                    Final Determination
                                                             ability. Consequently, we continue to                     The final weighted-average dumping
       We invited parties to comment on                      find that the China-wide entity withheld
     Commerce’s Preliminary Scope                                                                                    margin is as follows:
                                                             requested information and significantly
     Memorandum, and the changes made to                     impeded the proceeding by not                                                                       Weighted-
     the scope of the investigation therein.3                submitting the requested information.                                                                average
                                                                                                                              Producer/exporter
     We have reviewed the briefs submitted                   As a result, we are continuing to find                                                                margin
     by interested parties, considered the                                                                                                                       (percent)
                                                             that the use of adverse facts available
     arguments therein, but have not made                    (AFA), pursuant to sections 776(a) and                  China-Wide Entity .......................     27.27
     further changes to the scope of the                     (b) of the Act, is appropriate and are
     investigation beyond those incorporated                 applying a rate based entirely on AFA                   Disclosure
     in the Preliminary Determination. For                   to the China-wide entity.
     further discussion, see Commerce’s                                                                                Normally, Commerce discloses to
     Final Scope Decision Memorandum.4                       China-Wide Rate                                         interested parties the calculations
                                                                In selecting the AFA rate for the                    performed in connection with a final
     Scope of the Investigation                                                                                      determination within five days of its
                                                             China-wide entity, Commerce’s practice
                                                             is to select a rate that is sufficiently                public announcement or, if there is no
       The products covered by this
                                                             adverse to ensure that the uncooperative                public announcement, within five days
     investigation are rubber bands from                                                                             of the date of publication of this notice
     China. For a complete description of the                party does not obtain a more favorable
                                                                                                                     in accordance with 19 CFR 351.224(b).
     scope of this investigation, see the                    result by failing to cooperate than if it
                                                                                                                     However, because Commerce applied
     Appendix to this notice.                                had fully cooperated.6 Specifically, it is
                                                                                                                     AFA to the China-wide entity in this
                                                             Commerce’s practice to select, as an
                                                                                                                     investigation, in accordance with
       1 See Less-Than-Fair-Value Investigation of           AFA rate, the higher of: (a) The highest
                                                                                                                     section 776 of the Act, there are no
     Rubber Bands from the People’s Republic of China:       dumping margin alleged in the Petition;
     Preliminary Affirmative Determination of Sales at                                                               individually examined companies
                                                             or, (b) the highest calculated dumping
     Less Than Fair Value and Preliminary Affirmative                                                                participating in this investigation, and
                                                             margin of any respondent in the
     Determination of Critical Circumstances, 83 FR                                                                  the applied AFA rate is based solely on
     45213 (September 6, 2018) (Preliminary                  investigation.7 Because no party
                                                                                                                     the Petition. Thus, there are no
     Determination).
       2 See letter from Alliance Rubber Co., ‘‘Petition        5 See Preliminary Determination at the
                                                                                                                     calculations to disclose.
     for Imposition of Antidumping and Countervailing        ‘‘Methodology’’ section, and the memorandum,            Continuation of Suspension of
     Duties on Rubber Bands from Thailand, China and         ‘‘Decision Memorandum for the Preliminary
     Sri Lanka,’’ dated January 30, 2018 (the Petition).     Determination in the Less-Than-Fair-Value
                                                                                                                     Liquidation
       3 See memorandum, ‘‘Rubber Bands from the             Investigation of Rubber Bands from the People’s           In accordance with section
     People’s Republic of China and Thailand: Scope          Republic of China,’’ dated August 29, 2018 (PDM)        735(c)(4)(A) of the Act, we will instruct
     Comments Decision Memorandum for the                    at 4–7.
     Preliminary Antidumping Duty and Countervailing            6 See Statement of Administrative Action             U.S. Customs and Border Protection
     Duty Determinations,’’ dated August 29, 2018            accompanying the Uruguay Round Agreements Act,
     (Preliminary Scope Memorandum).                         H.R. Rep. No. 103–316 at 870 (1994) (H.R. Rep 103–      Certain Cold-Rolled Flat-Rolled Carbon Quality
       4 See memorandum, ‘‘Rubber Bands from the             316), reprinted in 1994 U.S.C.A.A.N.                    Steel Products from the People’s Republic of China,
     People’s Republic of China and Thailand: Scope             7 See, e.g., Certain Stilbenic Optical Brightening   65 FR 34660 (May 31, 2000), and accompanying
     Decision Memorandum for the Final Antidumping           Agents from the People’s Republic of China: Final       Issues and Decision Memorandum.
                                                                                                                        8 See Preliminary Determination at 45213–14 and
     Duty and Countervailing Duty Determinations,’’          Determination of Sales at Less Than Fair Value, 77
     dated concurrently with, and hereby adopted by,         FR 17436, 17438 (March 26, 2012); Final                 the PDM at 6–7.
     this notice.                                            Determination of Sales at Less Than Fair Value:            9 Id. at 45213 and see the PDM at 7–10.




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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                58549

     (CBP) to continue to suspend                            notification of the return or destruction             purposes, the written description of the
     liquidation of all imports of the                       of APO materials, or conversion to                    scope of the investigation is dispositive.
     merchandise subject to the investigation                judicial protective order, is hereby                  [FR Doc. 2018–25294 Filed 11–19–18; 8:45 am]
     from the China-wide entity, that were                   requested. Failure to comply with the                 BILLING CODE 3510–DS–P
     entered or withdrawn from warehouse,                    regulations and the terms of an APO is
     for consumption on or after June 8,                     a sanctionable violation.
     2018, 90 days prior to publication of the                                                                     DEPARTMENT OF COMMERCE
     Preliminary Determination notice in the                 Notification to Interested Parties
     Federal Register, and require a cash                      This determination is issued and                    National Oceanic and Atmospheric
     deposit for such entries as noted below.                published in accordance with sections                 Administration
        Further, pursuant to section                         735(d) and 777(i)(1) of the Act, and 19
     735(c)(1)(B)(ii) of the Act, Commerce                   CFR 351.210(c).                                       Proposed Information Collection;
     will instruct CBP to collect a cash                                                                           Comment Request; West Coast
                                                               Dated: November 13, 2018.                           Fisheries Participation Survey
     deposit as follows: (1) The rate for the
     exporters listed in the chart above will                Gary Taverman,
                                                             Deputy Assistant Secretary for Antidumping            AGENCY: National Oceanic and
     be the rate we have determined in this                                                                        Atmospheric Administration (NOAA),
     final determination; (2) for all Chinese                and Countervailing Duty Operations,
                                                             performing the non-exclusive functions and            Commerce.
     exporters of subject merchandise which                  duties of the Assistant Secretary for                 ACTION: Notice.
     have not received their own rate, the                   Enforcement and Compliance.
     cash-deposit rate will be the China-wide                                                                      SUMMARY: The Department of
     rate; and (3) for all non-Chinese                       Appendix                                              Commerce, as part of its continuing
     exporters of subject merchandise which                  Scope of the Investigation                            effort to reduce paperwork and
     have not received their own rate, the                                                                         respondent burden, invites the general
                                                                The products subject to this investigation
     cash-deposit rate will be the rate                      are bands made of vulcanized rubber, with a           public and other Federal agencies to
     applicable to the Chinese exporter/                     flat length, as actually measured end-to-end          take this opportunity to comment on
     producer combination that supplied that                 by the band lying flat, no less than 1⁄2 inch         proposed and/or continuing information
     non-Chinese exporter. These suspension                  and no greater than 10 inches; with a width,          collections, as required by the
     of liquidation instructions will remain                 which measures the dimension                          Paperwork Reduction Act of 1995.
     in effect until further notice.                         perpendicular to the length, actually of at
                                                                                                                   DATES: Written comments must be
                                                             least 3/64 inch and no greater than 2 inches;
     International Trade Commission                          and a wall thickness actually from 0.020 inch         submitted on or before January 22, 2019.
     Notification                                            to 0.125 inch. Vulcanized rubber has been             ADDRESSES: Direct all written comments
        In accordance with section 735(d) of                 chemically processed into a more durable              to Jennifer Jessup, Departmental
     the Act, we will notify the U.S.                        material by the addition of sulfur or other           Paperwork Clearance Officer,
                                                             equivalent curatives or accelerators. Subject         Department of Commerce, Room 6616,
     International Trade Commission (ITC) of
                                                             products are included regardless of color or          14th and Constitution Avenue NW,
     the final affirmative determination of                  inclusion of printed material on the rubber
     sales at LTFV. Because the final                                                                              Washington, DC 20230 (or via the
                                                             band’s surface, including but not limited to,
     determination in this proceeding is                     rubber bands with printing on them, such as
                                                                                                                   internet at pracomments@doc.gov).
     affirmative, in accordance with section                 a product name, advertising, or slogan, and           FOR FURTHER INFORMATION CONTACT:
     735(b)(2) of the Act, the ITC will make                 printed material (e.g., a tag) fastened to the        Requests for additional information or
     its final determination as to whether the               rubber band by an adhesive or another                 copies of the information collection
     domestic industry in the United States                  temporary type of connection. The scope               instrument and instructions should be
     is materially injured, or threatened with               includes vulcanized rubber bands which are            directed to Karma Norman, Northwest
     material injury, by reason of imports of                contained or otherwise exist in various forms         Fisheries Science Center, 2725 Montlake
                                                             and packages, such as, without limitation,
     rubber bands from China no later than                                                                         Blvd. East, Seattle, WA 98112–2097, by
                                                             vulcanized rubber bands included within a
     45 days after this final determination. If              desk accessory set or other type of set or            telephone: 206–302–2418 (or via the
     the ITC determines that material injury,                package, and vulcanized rubber band balls.            internet at karma.norman@noaa.gov).
     or threat of material injury, does not                  The scope excludes products that consist of           SUPPLEMENTARY INFORMATION:
     exist, the proceeding will be terminated,               an elastomer loop and durable tag all-inone,
                                                             and bands that are being used at the time of          I. Abstract
     and all cash deposits will be refunded.
     If the ITC determines that such injury                  import to fasten an imported product.                    This is a request for a revision of a
     does exist, Commerce will issue an                         Excluded from the scope of this                    currently approved information
     antidumping duty order directing CBP                    investigation are vulcanized rubber bands of          collection.
                                                             various sizes with arrow shaped rubber                   Fishing livelihoods are both centrally
     to assess, upon further instruction by                  protrusions from the outer diameter that
     Commerce, antidumping duties on all                                                                           dependent on marine ecosystems and
                                                             exceeds at the anchor point a wall thickness
     imports of the subject merchandise                      of 0.125 inches and where the protrusion is
                                                                                                                   part of the set of forces acting on other
     entered, or withdrawn from warehouse,                   used to loop around, secure and lock in               components of these ecosystems,
     for consumption on or after the effective               place.                                                including the ecosystem’s resident fish
     date of the suspension of liquidation.                     Excluded from the scope of this                    and marine species. Alongside social
                                                             investigation are yarn/fabric-covered                 factors like economics and management
     Notification Regarding Administrative                   vulcanized rubber hair bands, regardless of           actions, biophysical dynamics within
     Protective Orders                                       size.                                                 the ecosystems, including fisheries
       This notice serves as a reminder to                      Merchandise covered by this investigation          population fluctuations, shape fishing
     parties subject to an administrative                    is currently classified in the Harmonized             livelihoods. However, the decisions
                                                             Tariff Schedule of the United States (HTSUS)
     protective order (APO) of their                         under subheading 4016.99.3510.
                                                                                                                   fishermen make regarding which
     responsibility concerning the                           Merchandise covered by the scope may also             fisheries to access and when to access
     disposition of proprietary information                  enter under HTSUS subheading                          them are not fully understood,
     disclosed under APO in accordance                       4016.99.6050. While the HTSUS subheadings             particularly within the holistic food web
     with 19 CFR 351.305(a)(3). Timely                       are provided for convenience and customs              frameworks offered up by ecosystem-


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Document Created: 2018-11-20 07:59:07
Document Modified: 2018-11-20 07:59:07
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.
ContactPaul Stolz or Stephanie Berger, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4474 or (202) 482-2483, respectively.
FR Citation83 FR 58547 

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