[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 32912-32913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13436]



[[Page 32912]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-952]


Narrow Woven Ribbon With Woven Selvedge From the People's 
Republic of China: Preliminary Results and Partial Rescission of 
Administrative Review; 2012-2013

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the third administrative review (``AR'') of the antidumping duty order 
on narrow woven ribbon with woven selvedge (``NWR'') from the People's 
Republic of China (``PRC''). The AR covers 15 exporters of subject 
merchandise; the Department selected one company for individual 
examination. The period of review (``POR'') is September 1, 2012, 
through August 31, 2013. Because the Department received timely review 
request withdrawals for one company that previously received a separate 
rate, the Department is rescinding its review of this company. 
Additionally, the Department preliminarily determines that it will 
treat the sole company for which a review was requested and not 
subsequently withdrawn as part of the PRC-wide entity, which is subject 
to this AR. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: June 9, 2014.

FOR FURTHER INFORMATION CONTACT: Drew Jackson at (202) 482-4406; AD/CVD 
Operations, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are narrow woven ribbons with 
woven selvedge.\1\ The merchandise subject to the order is classifiable 
under the Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. 
Subject merchandise also may enter under HTSUS subheadings 5806.31.00; 
5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 
5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under 
statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 
6307.90.9889. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description in 
the Order remains dispositive.\2\
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    \1\ See Notice of Antidumping Duty Orders: Narrow Woven Ribbons 
With Woven Selvedge From Taiwan and the People's Republic of China: 
Antidumping Duty Orders, 75 FR 53632 (September 1, 2010), as amended 
in Narrow Woven Ribbons With Woven Selvedge From Taiwan and the 
People's Republic of China: Amended Antidumping Duty Orders, 75 FR 
56982 (September 17, 2010) (``Order'').
    \2\ For a complete description of the scope of the order, please 
see ``Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative: Narrow Woven Ribbons With Woven Selvedge from 
the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance (``Preliminary Decision Memorandum''), dated concurrently 
with this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). The 
Department issued Yangzhou Bestpak Gifts & Crafts Co., Ltd. 
(``Bestpak''), a company for which an AR was requested, questionnaires, 
but Bestpak did not respond to the Department's questionnaires.\3\ 
Because Bestpak did not establish that its export activities are 
separate from that of the PRC-wide entity, in accordance with 19 CFR 
351.107(d), we have determined that Bestpak is part of the PRC-wide 
entity. Because the PRC-wide entity failed to provide responses to our 
questionnaires and cooperate to the best of its ability in complying 
with our requests for information, we have determined an estimated 
weighted-average dumping margin based on adverse facts available 
(``AFA''), in accordance with section 776(a) and (b) of the Act for the 
PRC-wide entity. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum, which is 
hereby adopted with this notice. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``IA ACCESS''). IA ACCESS is available to registered 
users at http://iaaccess.trade.gov and in the Central Records Unit, 
Room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \3\ See memorandum to The File from Drew Jackson, International 
Trade Compliance Analyst, AD/CVD Operations, Office 4, regarding, 
``Results of Quantity and Value Questionnaire Delivery Tracking 
Query,'' dated concurrently with this notice.
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Partial Rescission of Review

    For those exporters named in the Initiation Notice \4\ that are not 
considered part of the PRC-wide entity for which all review requests 
have been withdrawn, the Department is rescinding this administrative 
review, in accordance with 19 CFR 351.213(d)(1). The exporters for 
which we are rescinding this review are Hubscher Ribbon Corp., Ltd. d/
b/a Hubschercorp \5\ (``Hubscher'') and Yama Ribbons and Bows Co., Ltd 
(``Yama Ribbons'').\6\ Antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(2).
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
67104 (November 8, 2013) (``Initiation Notice'').
    \5\ In a prior administrative review, the Department determined 
that Hubscher is a third-country reseller from Canada. See Narrow 
Woven Ribbons With Woven Selvedge From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2010-2011, 78 FR 10130 (February 13, 2013). The Department assigned 
this company a rate of 247.65 percent based on AFA. See id. The 
Department's assignment of this AFA rate to Hubscher was recently 
affirmed by the Court of International Trade as supported by 
substantial evidence and otherwise in accordance with law. See 
Hubscher Ribbon Corp. v. United States, Slip Op. 14-38 (CIT April 
25, 2014).
    \6\ Yama Ribbons participated in the Department's antidumping 
duty investigation of NWR from the PRC, and as a result of that 
investigation, merchandise both produced and exported by Yama 
Ribbons is excluded from the Order. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order/Pursuant to Court Decision: Wooden Bedroom Furniture From the 
People's Republic of China, 71 FR 67099 (November 20, 2006). 
Accordingly, this rescission applies only to merchandise that is 
either produced, but not exported by Yama Ribbons, or exported, but 
not produced by Yama Ribbons.
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Intent Not To Rescind Review in Part

    We have received withdrawal of administrative review requests for 
the following exporters that remain a part of the PRC-wide entity, 
which is currently under review: (1) Apex Trimmings Inc. d/b/a Papillon 
Ribbon & Bow (Canada); (2) Cheng Hsing Ribbon Factory; (3) Hen Hao 
Trading Co., Ltd. a.k.a. Taiwan Tulip Ribbons and Braid Co. Ltd; (4) 
Hsien Chan Enterprise Co., Ltd; (5) King Young Enterprises Co., Ltd; 
(6) Multicolor; (7) Novelty Handicrafts Co., Ltd; (8) Papillon Ribbon & 
Bow (H.K.) Ltd; (9) Papillon Ribbon & Bow (Shanghai) Ltd; (10) Roung 
Shu Industry Corporation a.k.a Cheng Hsing Ribbon Factory; (11) Shienq 
Huong Enterprise

[[Page 32913]]

Co., Ltd; and, (12) Yu Shin Development Co. Ltd. For those exporters 
named in the Initiation Notice for which all administrative review 
requests have been withdrawn, but which have not previously received 
separate rate status, the Department's practice is to refrain from 
rescinding the administrative review with respect to these exporters at 
this time.\7\ As stated above, requests for review of several exporters 
belonging to the PRC-wide entity were timely withdrawn. While the 
requests for review were timely withdrawn, the exporters remain part of 
the PRC-wide entity. The PRC-wide entity is under review for these 
preliminary results. Therefore, at this time, we are not rescinding 
this administrative review with respect to those exporters belonging to 
the PRC-wide entity for which a request for review has been withdrawn.
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    \7\ See, e.g., Small Diameter Graphite Electrodes from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 55680 (September 11, 2013).
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period September 1, 2012, through August 
31, 2013.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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PRC-wide entity \8\.........................................      247.65
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Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\9\ Rebuttals briefs may be filed no later than five days after 
the written comments are filed and all rebuttal comments must be 
limited to comments raised in the case briefs.\10\
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    \8\ The PRC-wide entity includes, among other companies, 
Yangzhou Bestpak Gifts & Crafts Co., Ltd.
    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\11\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\12\
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    The Department will issue the final results of this AR, which will 
include the results of its analysis of issues raised in any briefs 
received, within 120 days of publication of these preliminary results, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    With regard to the partial rescission of this review, the 
Department will instruct Customs and Border Protection (CBP) to assess 
antidumping duties on all appropriate entries. The Department intends 
to issue appropriate partial rescission assessment instructions 
directly to CBP 15 days after publication of these preliminary results 
of review in the Federal Register.
    Upon issuing the final results of this review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by these reviews.\13\ The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review.
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    \13\ See 19 CFR 351.212(b).
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales database submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of subject merchandise, any suspended entries that entered 
under that exporter's case number (i.e., at that exporter's rate) will 
be liquidated at the PRC-wide rate.\14\
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    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For any previously reviewed or 
investigated PRC and non-PRC exporter not listed above that received a 
separate rate in a previous segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific rate 
published for the most recently completed period; (2) for all PRC 
exporters that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity (i.e., 
247.65 percent); and (3) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied the 
non-PRC exporter. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: June 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Period of Review
3. Scope of the Order
4. Respondent Selection
5. Partial Rescission of Review
6. Intent Not To Rescind Review, in Part
7. Separate Rates Determination
8. The PRC-Wide Entity
9. Rate for the PRC-Wide Entity

[FR Doc. 2014-13436 Filed 6-6-14; 8:45 am]
BILLING CODE 3510-DS-P