[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7019-7020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03681]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-076]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Corrected Final Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2019, the Department of Commerce (Commerce)
published in the Federal Register the final determination of the
countervailing duty (CVD) investigation on certain plastic decorative
ribbon (plastic ribbon) from the People's Republic of China (China).
Commerce is now amending the Issues and Decision Memorandum (IDM)
referred to in the final determination Federal Register notice to
correct the inadvertent omission of certain pages in the IDM.
DATES: Applicable March 1, 2019.
FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4880.
SUPPLEMENTARY INFORMATION: On December 21, 2018, Commerce placed on the
record of this investigation an Issues and Decision Memorandum
addressing all comments received in this proceeding and the companion
antidumping proceeding addressing the issues raised by parties for the
final determination.\1\ Commerce committed a ministerial error within
the meaning of 19 CFR 351.224(f). Specifically, in preparing the final
determination, and despite being contemporaneously drafted, Commerce
inadvertently omitted approximately four pages from the Issues and
Decision Memorandum, including the final sentence of Commerce's
position on issue 13 and the discussion of issues 14 and 15 in their
entirety. Commerce is now placing on the record a corrected version of
the Issues and Decision Memorandum, including the missing pages, dated
February 19, 2019, which is incorporated by, and hereby adopted by,
this notice.
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\1\ Filed on ACCESS as barcode 3785477-01. The corresponding
Federal Register Notice was published on February 1, 2019. Certain
Plastic Decorative Ribbon from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, 84 FR 1064 (February
1, 2019) (Final CVD Determination).
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Scope of the Investigation
The merchandise covered by this investigation is certain plastic
decorative ribbon, having a width (measured at the narrowest span of
the ribbon) of less than or equal to four (4) inches, but disregarding
any features that measure 4 inches or less in width, such as tapering
or cutting at the ends or in a bow knot, provided that aggregate length
of such features comprises no more than 20% of the length of the
ribbon. Subject merchandise includes but is 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 this investigation 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 this
investigation; the ``other products'' (i.e., the other, non-subject
merchandise included in the ensemble) are not covered by the scope of
this investigation.
Excluded from the scope of this investigation 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
[[Page 7020]]
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, made of fabric,
or covered by any other decorative coating such as glitter (whether of
plastic or non-plastic materials), 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; (9) cords, i.e., multiple strands of
materials that have been braided, gimped or twisted together; and (10)
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 the investigation excludes 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.
The scope of the investigation excludes plastic garlands and
plastic tinsel garlands, imported in lengths of not less than three (3)
feet. The longitudinal base of these garlands may be made of wire or
non-wire material, and these garlands may include plastic die-cut
pieces. Also excluded are items made of plastic garland and/or plastic
tinsel where the items do not have a tab or other means for attaching
the item to an object using adhesives. This exclusion does not apply to
plastic garland bows, plastic tinsel bows, or other bow-like products
made of plastic garland or plastic tinsel.
The scope of the investigation excludes ribbons made exclusively of
fabric formed by weaving or knitting threads together, or by matting,
condensing or pressing fibers together to create felt fabric,
regardless of thread or fiber composition, including without
limitation, fabric ribbons of polyester, nylon, acrylic or terylene
threads or fibers. This exclusion does not apply to plastic ribbons
that are flocked.
The scope of the investigation excludes ribbons having a width of
less than three (3) mm when incorporated by weaving into mesh material
(whether flat or tubular) or fabric ribbon (meaning ribbon formed by
weaving all or any of the following: man-made fibers, natural fibers,
metal threads and/or metalized yarns), in each case only where the mesh
material or fabric ribbon is imported in the form of a decorative bow
or a decorative bow-like item.
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).
Merchandise covered by this investigation is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 3920.20.0015 and 3926.40.0010. Merchandise covered by this
investigation also may enter under subheadings 3920.10.0000;
3920.20.0055; 3920.30.0000; 3920.43.5000; 3920.49.0000; 3920.62.0050;
3920.62.0090; 3920.69.0000; 3921.90.1100; 3921.90.1500; 3921.90.1910;
3921.90.1950; 3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000;
9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000; 5609.00.4000;
and 6307.90.9889. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of this
investigation is dispositive.
Suspension of Liquidation
Suspension of liquidation and cash deposit rates for all producers
and exporters of plastic ribbon from China are unaffected by this
amended final determination. Refer to the Final CVD Determination for
the suspension instructions in effect at the time of the issuance of
this notice.\2\
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\2\ See Final CVD Determination, 84 FR at 1065.
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Public Comment
Commerce is not accepting comments in response to this corrected
final determination.
International Trade Commission Notification
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (Act), Commerce will notify the International Trade Commission
(ITC) of its amended final determination.
Notification to Interested Parties
This corrected final determination is issued and published pursuant
to sections 705(d) and 777(i)(1) of the Act.
Dated: February 26, 2019.
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.
[FR Doc. 2019-03681 Filed 2-28-19; 8:45 am]
BILLING CODE 3510-DS-P