[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44302-44304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18797]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-592 and 731-TA-1400 (Final)]


Plastic Decorative Ribbon From China; Scheduling of the Final 
Phase of Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-592 and 731-TA-1400 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of plastic decorative ribbon

[[Page 44303]]

from China, provided for in subheadings 3920.10.00, 3920.20.00, 
3920.30.00, 3920.43.50, 3920.49.00, 3920.62.00, 3920.69.00, 3921.90.11, 
3921.90.15, 3921.90.19, 3921.90.40, 3926.90.99, 5404.90.00, 9505.90.40, 
4601.99.90, 4602.90.00, 5609.00.30, 5609.00.40, and 6307.90.98 of the 
Harmonized Tariff Schedule of the United States, preliminarily 
determined by the Department of Commerce (``Commerce'') to be 
subsidized and sold at less than fair value.

DATES: August 8, 2018.

FOR FURTHER INFORMATION CONTACT: Calvin Chang (202-205-3062), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Scope.-- For purposes of these 
investigations, Commerce has defined the subject merchandise as certain 
plastic decorative ribbon having a width (measured at the narrowest 
span of the ribbon) of less than or equal to four (4) inches in actual 
measurement, including but not limited to ribbon wound onto itself; a 
spool, a core or a tube (with or without flanges); attached to a card 
or strip; wound into a keg- or egg-shaped configuration; made into 
bows, bow-like items, or other shapes or configurations; and whether or 
not packaged or labeled for retail sale. The subject merchandise is 
typically made of substrates of polypropylene, but may be made in whole 
or in part of any type of plastic, including without limitation, 
plastic derived from petroleum products and plastic derived from 
cellulose products. Unless the context otherwise clearly indicates, the 
word ``ribbon'' used in the singular includes the plural and the plural 
``ribbons'' includes the singular.
    The subject merchandise includes ribbons comprised of one or more 
layers of substrates made, in whole or in part, of plastics adhered to 
each other, regardless of the method used to adhere the layers 
together, including without limitation, ribbons comprised of layers of 
substrates adhered to each other through a lamination process. Subject 
merchandise also includes ribbons comprised of (a) one or more layers 
of substrates made, in whole or in part, of plastics adhered to (b) one 
or more layers of substrates made, in whole or in part, of non-plastic 
materials, including, without limitation, substrates made, in whole or 
in part, of fabric.
    The ribbons subject to these investigations may be of any color or 
combination of colors (including without limitation, ribbons that are 
transparent, translucent or opaque) and may or may not bear words or 
images, including without limitation, those of a holiday motif. The 
subject merchandise includes ribbons with embellishments and/or 
treatments, including, without limitation, ribbons that are printed, 
hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or 
that otherwise have impressed designs, images, words or patterns), and 
ribbons with holographic, metallic, glitter or iridescent finishes.
    Subject merchandise includes ``pull-bows'' 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, and ``pre-notched'' bows, an 
assemblage of notched ribbon loops arranged one inside the other with 
the notches in alignment and affixed to each other where notched, and 
which the end user forms into a bow by separating and spreading the 
loops circularly around the notches, which form the center of the bow. 
Subject merchandise includes ribbons that are packaged with non-subject 
merchandise, including ensembles that include ribbons and other 
products, such as gift wrap, gift bags, gift tags and/or other gift 
packaging products. The ribbons are covered by the scope of these 
investigations; the ``other products'' (i.e., the other, non-subject 
merchandise included in the ensemble) are not covered by the scope of 
these investigations.
    Excluded from the scope of these investigations are the following: 
(1) Ribbons formed exclusively by weaving plastic threads together; (2) 
ribbons that have metal wire in, on, or along the entirety of each of 
the longitudinal edges of the ribbon; (3) ribbons with an adhesive 
coating covering the entire span between the longitudinal edges of the 
ribbon for the entire length of the ribbon; (4) ribbon formed into a 
bow without a tab or other means for attaching the bow to an object 
using adhesives, where the bow has: (a) An outer layer that is either 
flocked or made of fabric, and (b) a flexible metal wire at the base 
which permits attachment to an object by twist-tying; (5) elastic 
ribbons, meaning ribbons that elongate when stretched and return to 
their original dimension when the stretching load is removed; (6) 
ribbons affixed 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; (7) ribbons that are (a) affixed to 
non-subject merchandise as a working component of such non-subject 
merchandise, such as where the ribbon comprises a 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; (8) imitation raffia made of 
plastics having a thickness not more than one (1) mil when measured in 
an unfolded/untwisted state; and (9) ribbons in the form of bows having 
a diameter of less than seven-eighths (\7/8\) of an inch, or having a 
diameter of more than 16 inches, based on actual measurement. For 
purposes of this exclusion, the diameter of a bow is equal to the 
diameter of the smallest circular ring through which the bow will pass 
without compressing the bow.
    The scope of these investigations is not intended to include 
shredded plastic film or shredded plastic strip, in each case where the 
shred does not exceed 5 mm in width and does not exceed 18 inches in 
length, imported in bags.
    Further, excluded from the scope of the antidumping duty 
investigation are any products covered by the existing antidumping duty 
order on polyethylene terephthalate film, sheet, and strip (PET film) 
from the People's Republic of China (China). See Polyethylene 
Terephthalate Film, Sheet, and Strip from Brazil, the People's Republic 
of China and the United Arab Emirates: Antidumping Duty Orders and 
Amended Final Determination of Sales at Less Than Fair Value for the 
United Arab Emirates, 73 FR 66595 (November 10, 2008).
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the

[[Page 44304]]

meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided 
to manufacturers, producers, or exporters in China of plastic 
decorative ribbon, and that such products are being sold in the United 
States at less than fair value within the meaning of section 733 of the 
Act (19 U.S.C. 1673b). The investigations were requested in petitions 
filed on December 27, 2017, by Berwick Offray, LLC, Berwick, 
Pennsylvania.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on November 
29, 2018, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
December 13, 2018, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before December 10, 2018. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on December 7, 2018, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is December 6, 2018. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is December 26, 2018. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petitions, on or before December 26, 2018. On January 15, 2019, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before January 17, 2019, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's website at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon 
the Commission's rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 24, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18797 Filed 8-29-18; 8:45 am]
 BILLING CODE 7020-02-P