[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8302-8304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-836]


Rubber Bands From Thailand: Final Negative Countervailing Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are not being provided to producers and 
exporters of rubber bands from Thailand. The period of investigation is 
January 1, 2017, through December 31, 2017.

DATES: Applicable March 7, 2019.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Shanah Lee, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-0176 or 202-482-6386, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 9, 2018, Commerce published the Preliminary Determination 
of this countervailing duty (CVD) investigation

[[Page 8303]]

and invited interested parties to comment.\1\ A summary of the events 
that occurred since the Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum, 
which is hereby adopted by this notice.\2\ The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \1\ See Rubber Bands from Thailand: Preliminary Negative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 83 FR 31728 
(July 9, 2018) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final Negative 
Countervailing Duty Determination of Rubber Bands from Thailand,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial shutdown of the federal government from December 22, 2018, 
through January 29, 2019.\3\ The revised deadline for the final 
determination is now February 28, 2019.
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    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019.
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Period of Investigation

    The period of investigation is January 1, 2017, through December 
31, 2017.

Scope of the Investigation

    The products covered by this investigation are rubber bands from 
Thailand. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    During the course of this investigation and the concurrent 
antidumping duty (AD) investigation, Commerce received scope comments 
from interested parties. Subsequent to the Preliminary Determination, 
we issued a Preliminary Scope Decision Memorandum.\4\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Preliminary Scope Decision Memorandum. Commerce 
addressed all scope comments received in the Final Scope Decision 
Memorandum and determined not to make changes to the scope that 
appeared in the Preliminary Determination.\5\
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    \4\ 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 Decision 
Memorandum).
    \5\ 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 
November 13, 2018 (Final Scope Decision Memorandum).
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is attached to this 
notice at Appendix II.

Changes Since the Preliminary Determination

    We made an adjustment to the sales denominator of Liang Hah Heng 
based on minor corrections presented at verification. We also corrected 
an error made in the Preliminary Determination to include total sales 
to all markets of Liang Hah Heng's cross-owned affiliate when 
determining the appropriate sales denominator for Liang Hah Heng. These 
adjustments, however, did not change the overall subsidy rates for both 
respondents. Thus, the subsidy rates for both respondents remain 
unchanged from the Preliminary Determination. See the Issues and 
Decision Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated individual rates for the two producers/exporters of subject 
merchandise that are under investigation. We determine that the total 
net countervailable subsidy rates are as follows:

------------------------------------------------------------------------
                                               Ad Valorem rate (%) (de
                  Company                             minimus)
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Liang Hah Heng International Rubber Co.,         0.23 de minimis.
               Ltd. (Liang Hah Heng)
U. Yong Industry Co., Ltd. (U. Yong              0.37 de minimis.
                           Industry)
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    Commerce has not calculated an all-others rate because it has not 
reached an affirmative final determination. In the Preliminary 
Determination, the total net countervailable subsidy rates for the two 
companies were de minimis and, therefore, we did not suspend 
liquidation. Because the rates for the two companies remain de minimis, 
we are not directing U.S. Customs and Border Protection to suspend 
liquidation of entries of rubber bands from Thailand.

Disclosure

    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
any public announcement in accordance with 19 CFR 351.224(b).

International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. As our final determination is negative, this 
proceeding is terminated.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.


[[Page 8304]]


    Dated: February 28, 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.

Appendix I

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-in-
one, 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
VIII. Recommendation

[FR Doc. 2019-04126 Filed 3-6-19; 8:45 am]
 BILLING CODE 3510-DS-P