[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26664-26666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11915]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-844]


Narrow Woven Ribbons With Woven Selvedge From Taiwan; Preliminary 
Determination of No Shipments and Rescission, in Part, of Antidumping 
Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on narrow woven 
ribbons with woven selvedge (NWR) from Taiwan. The review covers four 
producers/exporters of the subject merchandise. The period of review 
(POR) is September 1, 2015, through August 31, 2016. The Department 
preliminarily finds that Fujian Rongshu Industry Co., Ltd. (Fujian 
Rongshu), Roung Shu Industry Corporation (Roung Shu), and Xiamen Yi He 
Textile Co., Ltd. (Xiamen Yi He) made no shipments of subject 
merchandise during the POR. Further, we are rescinding the review with 
respect to Maple Ribbon Co., Ltd. (Maple Ribbon). We invite all 
interested parties to comment on these preliminary results.

DATES: Effective June 8, 2017.

FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3693.

SUPPLEMENTARY INFORMATION: 

Background

    On September 30, 2016, the Department received a timely request, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act), from Berwick Offray LLC and its wholly-owned subsidiary Lion 
Ribbon Company, LLC (the petitioner) to conduct an administrative 
review of the sales of Fujian Roungshu, Maple Ribbon, Roung Shu, and 
Xiamen Yi He.\1\ On November 9, 2016, the Department published in the 
Federal Register a notice of initiation of an administrative review of 
the antidumping duty order on NWR from Taiwan with respect to these 
four companies.\2\
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    \1\ See the Petitioner's Letter, ``Petitioner's Request for 
Administrative Review,'' dated September 30, 2016.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 78778 (November 9, 2016).
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    On November 23, 2016, the Department received timely notices from 
Fujian Roungshu, Roung Shu, and Xiamen Yi He notifying the Department 
that they that they did not export or sell subject merchandise to the 
United States during the POR.\3\
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    \3\ See Fujian Roungshu's Letter, ``No Shipment Letter,'' dated 
November 23, 2016; Roung Shu's Letter, ``Notice of No Sales,'' dated 
November 23, 2016 (Roung Shu No Sales Letter); and Xiamen Yi He's 
Letter, ``No Shipment Letter,'' dated November 23, 2016.
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    On February 2, 2017, the petitioner timely withdrew its request for 
an administrative review with respect to Maple Ribbon.\4\ In this same 
month, we confirmed Fujian Roung Shu's and Xiamen Yi He's no shipment 
claims with the U.S. Customs and Border Protection (CBP). We also 
attempted to confirm Roung Shu's claim with CBP; however, after review 
of the CBP data on the record of this case, we requested additional 
information from CBP related to certain POR entries of merchandise 
produced by Roung Shu.\5\
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    \4\ See the Petitioner's Letter, ``Petitioner's Withdrawal of 
Request for Administrative Review of Maple Ribbon,'' dated February 
2, 2017. We note that the petitioner's withdrawal of this request 
was submitted within the 90-day period and, thus, is timely.
    \5\ See Memorandum, ``U.S. Entry Documents Placed on the 
Record,'' dated April 11, 2017, and Kay Kay's submission dated April 
16, 2012.
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    In April 2017, the Department placed these entry documents on the 
record. In this same month, Roung Shu submitted factual information to 
clarify that the products covered by these entry documents were not 
subject to the review.\6\
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    \6\ See Roung Shu's Letter, ``Submission of Factual Information 
to Rebut, Clarify or Correct Factual Information Placed on the 
Record of the Proceeding by the Department of Commerce,'' dated 
April 18, 2017, at 3.
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    During April and May 2017, we requested that Roung Shu provide 
additional information related to its sales of non-subject ribbon to 
the United States during the POR.\7\ Roung Shu responded to these 
requests \8\ in May 2017. No other interested party commented on these 
submissions.
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    \7\ See the Department's Letter, ``2015-2016 Administrative 
Review of the Antidumping Duty Order on Narrow Woven Ribbons with 
Woven Selvedge from Taiwan,'' dated April 18, 2017; and the 
Department's Letter, ``2015-2016 Administrative Review of the 
Antidumping Duty Order on Narrow Woven Ribbons with Woven Selvedge 
from Taiwan,'' dated May 10, 2017.
    \8\ See Roung Shu's Response, ``Submission in Response to the 
Department's Information Request,'' dated May 4, 2017 (Roung Shu 
Response to First Information Request); and Roung Shu's Response, 
``Submission in Response to the Department's May 10, 2017 Request,'' 
dated May 17, 2017 (Roung Shu Response to Second Information 
Request).
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Scope of the Order

    The scope of this order covers narrow woven ribbons with woven 
selvedge, in any length, but with a width (measured at the narrowest 
span of the ribbon) less than or equal to 12 centimeters, composed of, 
in whole or in part, man-made fibers (whether artificial or synthetic, 
including but not limited to nylon, polyester, rayon, polypropylene, 
and polyethylene teraphthalate), metal threads and/or metalized yarns, 
or any combination thereof. Narrow woven ribbons subject to the order 
may:
     Also include natural or other non-man-made fibers;
     be of any color, style, pattern, or weave construction, 
including but not limited to single faced satin, double-faced satin, 
grosgrain, sheer, taffeta, twill, jacquard, or a combination of two or 
more colors, styles, patterns, and/or weave constructions;

[[Page 26665]]

     have been subjected to, or composed of materials that have 
been subjected to, various treatments, including but not limited to 
dyeing, printing, foil stamping, embossing, flocking, coating, and/or 
sizing;
     have embellishments, including but not limited to 
appliqu[eacute], fringes, embroidery, buttons, glitter, sequins, 
laminates, and/or adhesive backing;
     have wire and/or monofilament in, on, or along the 
longitudinal edges of the ribbon;
     have ends of any shape or dimension, including but not 
limited to straight ends that are perpendicular to the longitudinal 
edges of the ribbon, tapered ends, flared ends or shaped ends, and the 
ends of such woven ribbons may or may not be hemmed;
     have longitudinal edges that are straight or of any shape, 
and the longitudinal edges of such woven ribbon may or may not be 
parallel to each other;
     consist of such ribbons affixed to like ribbon and/or cut-
edge woven ribbon, a configuration also known as an ``ornamental 
trimming;''
     be wound on spools; attached to a card; hanked (i.e., 
coiled or bundled); packaged in boxes, trays or bags; or configured as 
skeins, balls, bateaus or folds; and/or
     be included within a kit or set such as when packaged with 
other products, including but not limited to gift bags, gift boxes and/
or other types of ribbon.
    Narrow woven ribbons subject to the order include all narrow woven 
fabrics, tapes, and labels that fall within this written description of 
the scope of this antidumping duty order.
    Excluded from the scope of the order are the following:
    (1) Formed bows composed of narrow woven ribbons with woven 
selvedge;
    (2) ``pull-bows'' (i.e., an assemblage of ribbons connected to one 
another, folded flat and equipped with a means to form such ribbons 
into the shape of a bow by pulling on a length of material affixed to 
such assemblage) composed of narrow woven ribbons;
    (3) narrow woven ribbons comprised at least 20 percent by weight of 
elastomeric yarn (i.e., filament yarn, including monofilament, of 
synthetic textile material, other than textured yarn, which does not 
break on being extended to three times its original length and which 
returns, after being extended to twice its original length, within a 
period of five minutes, to a length not greater than one and a half 
times its original length as defined in the Harmonized Tariff Schedule 
of the United States (HTSUS), Section XI, Note 13) or rubber thread;
    (4) narrow woven ribbons of a kind used for the manufacture of 
typewriter or printer ribbons;
    (5) narrow woven labels and apparel tapes, cut-to-length or cut-to-
shape, having a length (when measured across the longest edge-to-edge 
span) not exceeding eight centimeters;
    (6) narrow woven ribbons with woven selvedge attached to and 
forming the handle of a gift bag;
    (7) cut-edge narrow woven ribbons formed by cutting broad woven 
fabric into strips of ribbon, with or without treatments to prevent the 
longitudinal edges of the ribbon from fraying (such as by merrowing, 
lamination, sono-bonding, fusing, gumming or waxing), and with or 
without wire running lengthwise along the longitudinal edges of the 
ribbon;
    (8) narrow woven ribbons comprised at least 85 percent by weight of 
threads having a denier of 225 or higher;
    (9) narrow woven ribbons constructed from pile fabrics (i.e., 
fabrics with a surface effect formed by tufts or loops of yarn that 
stand up from the body of the fabric);
    (10) narrow woven ribbon affixed (including by tying) as a 
decorative detail to non-subject merchandise, such as a gift bag, gift 
box, gift tin, greeting card or plush toy, or affixed (including by 
tying) as a decorative detail to packaging containing non-subject 
merchandise;
    (11) narrow woven ribbon that is (a) affixed to non-subject 
merchandise as a working component of such non-subject merchandise, 
such as where narrow woven ribbon comprises an apparel trimming, book 
marker, bag cinch, or part of an identity card holder, or (b) affixed 
(including by tying) to non-subject merchandise as a working component 
that holds or packages such non-subject merchandise or attaches 
packaging or labeling to such non-subject merchandise, such as a 
``belly band'' around a pair of pajamas, a pair of socks or a blanket;
    (12) narrow woven ribbon(s) comprising a belt attached to and 
imported with an item of wearing apparel, whether or not such belt is 
removable from such item of wearing apparel; and
    (13) narrow woven ribbon(s) included with non-subject merchandise 
in kits, such as a holiday ornament craft kit or a scrapbook kit, in 
which the individual lengths of narrow woven ribbon(s) included in the 
kit are each no greater than eight inches, the aggregate amount of 
narrow woven ribbon(s) included in the kit does not exceed 48 linear 
inches, none of the narrow woven ribbon(s) included in the kit is on a 
spool, and the narrow woven ribbon(s) is only one of multiple items 
included in the kit.
    The merchandise subject to this order is classifiable under the 
HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050; 
and 5806.32.1060. Subject merchandise also may enter under 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. The HTSUS statistical categories and subheadings are 
provided for convenience and customs purposes; however, the written 
description of the merchandise covered by this order is dispositive.

Preliminary Determination of No Shipments

    On November 23, 2016, Fujian Roungshu, Roung Shu, and Xiamen Yi He 
timely filed statements reporting that they did not export or sell 
subject merchandise to the United States during the POR.\9\ 
Additionally, our inquiry to CBP did not identify any reviewable POR 
entries of subject merchandise from Fujian Rongshu or Xiamen Yi He. 
Based on the foregoing, the Department preliminarily determines that 
Fujian Roungshu and Xiamen Yi He did not have any reviewable 
transactions during the POR. Consistent with our practice, we are not 
preliminarily rescinding the review with respect to Fujian Roungshu and 
Xiamen Yi He, but, rather, we will complete the review with respect to 
these companies and issue appropriate instructions to CBP based on the 
final results of this review.\10\
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    \9\ In its statement of no shipments, Roung Shu informed the 
Department that certain shipments made in the previous review (i.e., 
the POR covering September 1, 2014, through August 31, 2015) may 
have entered the United States during the current POR. However, 
Roung Shu stated that it reported those shipments in the prior 
review. See Roung Shu No Sales Letter, at 1-2.
    \10\ See e.g., Certain Frozen Warmwater Shrimp From Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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    With respect to Roung Shu, as noted in the ``Background'' section 
above, we also examined U.S. entry data provided by CBP for POR entries 
of merchandise produced by Roung Shu. Based on a review of these data, 
as well as of Roung Shu's responses to two information

[[Page 26666]]

requests related to them,\11\ we also preliminarily determine that 
Roung Shu had no reviewable transactions during the POR. Therefore, 
consistent with our practice, we will complete the review with respect 
to Roung Shu as well, and issue appropriate instructions to CBP based 
on the final results of this review.
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    \11\ See Roung Shu's Response to First Information Request; and 
Roung Shu's Response to Second Information Request. In these 
submissions, Roung Shu provided documentation to demonstrate that it 
only exported either non-subject ribbon, or subject ribbon, which 
was already included in the prior administrative review.
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Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
petitioner's withdrawal of its request with respect to Maple Ribbon was 
submitted within the 90-day period and, thus, is timely. Because the 
petitioner's withdrawal of its request with respect to Maple Ribbon for 
an antidumping duty administrative review is timely, and because no 
other party requested a review of this company, in accordance with 19 
CFR 351.213(d)(1), we are rescinding this administrative review, in 
part, with respect to Maple Ribbon.

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final results.\12\
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    \12\ We note that the petitioner requested verification of Roung 
Shu. See the Petitioner's Letter, ``Narrow Woven Ribbons with Woven 
Selvedge from Taiwan/Request For Verification,'' dated February 16, 
2017.
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Disclosure and Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this review. Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in this review are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
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    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, no later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h), unless this deadline is extended.

Assessment Rates

    With respect to Maple Ribbon, the Department will direct CBP to 
assess antidumping duties at the cash deposit rate in effect on the 
date of entry for entries during the period September 1, 2015, through 
August 31, 2016. We intend to issue liquidation instructions to CBP 15 
days after publication of this final rescission notice.
    With respect to the remaining companies covered by the review, upon 
issuance of the final results, the Department shall determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\14\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review.\15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See section 751(a)(2)(C) of the Act.
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    Consistent with the Department's refinement of its assessment 
practice, if we continue to find in the final results that Fujian 
Rongshu, Roung Shu, and Xiamen Yi He had no shipments of subject 
merchandise during the POR, we will instruct CBP to liquidate any 
suspended entries at the all-others rate if there is no rate for the 
intermediate companies involved in the transaction.\16\
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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions for Fujian Roungshu, 
Roung Shu, and Xiamen Yi He to CBP 15 days after publication of the 
final results of this review.

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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11915 Filed 6-7-17; 8:45 a.m.]
 BILLING CODE 3510-DS-P