[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10786-10789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05520]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-075, C-570-076]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Amended Final Affirmative Antidumping Duty Determination and
Antidumping Duty Order; and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (the ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on certain plastic decorative ribbon (plastic ribbon) from the
People's Republic of China (China). In addition, Commerce is amending
its final AD determination of sales at less than fair value (LTFV) as a
result of ministerial errors.
DATES: Applicable March 22, 2019.
FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz at (202) 482-
4880 (CVD); or Nancy Decker, or Lauren Caserta, at (202) 482-0196,
(202) 482-4737, respectively (AD), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2019, and in accordance with section 735(d) of the
Tariff Act of 1930, as amended (the Act), Commerce published its final
affirmative determination of sales at LTFV with respect to plastic
ribbon from China,\1\ and, in accordance with section 705(d) of the
Act, Commerce published its final affirmative determination that
countervailable subsidies are being provided to producers and exporters
of plastic ribbon from China.\2\ On March 1, 2019, we published a
Corrected CVD Final Determination for the CVD investigation.\3\
---------------------------------------------------------------------------
\1\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 84 FR 1055 (February 1, 2019), and accompanying Issues and
Decision Memorandum (AD Final Determination).
\2\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 84 FR 1064 (February 1, 2019), and accompanying
Issues and Decision Memorandum (CVD Final Determination).
\3\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Corrected Final Affirmative Countervailing Duty
Determination, 84 FR 7019 (March 1, 2019) (Corrected CVD Final
Determination).
---------------------------------------------------------------------------
On February 4 and 5, 2019, Commerce received timely ministerial
error allegations in the AD investigation.\4\ On February 13, 2019,
Commerce received rebuttal comments to the ministerial error
allegations.\5\ See the ``Amendment to the AD Final Determination''
section below.
---------------------------------------------------------------------------
\4\ See Letter from Berwick Offray LLC (the petitioner),
``Certain Plastic Decorative Ribbon from the People's Republic of
China: Ministerial Error Comments,'' dated February 4, 2019, and
Letter from Dongguan Ricai Plastic Technology Co., Ltd. and Ricai
Film Artwork Materials Co., Ltd. (collectively, Ricai), a respondent
in the AD investigation, ``Plastic Decorative Ribbons from PRC
(``Decorative Ribbons''); A-570-075; Ministerial Error Allegation,''
dated February 5, 2019.
\5\ See Letter from Ningbo Junlong Craft Gift Co., Ltd.
(Junlong), a respondent in the AD investigation, ``Certain Plastic
Decorative Ribbon from the People's Republic of China--Reply to
Ministerial Error Comments,'' dated February 13, 2019.
---------------------------------------------------------------------------
On March 15, 2019, pursuant to sections 735(d) and 705(d) of the
Act, the ITC notified Commerce of its affirmative final determination
that an industry in the United States is materially injured within the
meaning of sections 735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act by
reason of LTFV imports and subsidized imports of subject merchandise,
respectively, from China.\6\
---------------------------------------------------------------------------
\6\ See ITC Notification Letter to the Acting Assistant
Secretary for Enforcement and Compliance referencing ITC
Investigation Nos. 701-TA-592 and 731-TA-1400 (March 15, 2019) (ITC
Notification).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is plastic ribbon from China.
For a complete description of the scope of these orders, see the
Appendix to this notice.
Amendment to the AD Final Determination
Pursuant to 19 CFR 351.224(e), Commerce is amending the AD Final
Determination to correct certain ministerial errors made in the AD
Final Determination with respect to Ricai and Junlong.\7\ This amended
final AD determination corrects these errors and revises the weighted-
average margins that were calculated for Ricai and Junlong. Because the
margin for the separate rate companies is based on the rates for
Junlong and Ricai, and their rates changed due to the aforementioned
ministerial errors, we are revising the margin applicable to the non-
individually investigated separate rate companies in this amended final
AD determination.\8\ The amended weighted-average margin rates are
listed in the ``Estimated Weighted-Average Dumping Margins'' table
below.
---------------------------------------------------------------------------
\7\ For a detailed discussion, see the Memorandum, ``Ministerial
Error Memorandum for the Affirmative Final Determination of the
Antidumping Duty Investigation of Certain Plastic Decorative Ribbon
from the People's Republic of China'' dated March 11, 2019 (AD
Ministerial Error Memorandum).
\8\ See AD Ministerial Error Memorandum.
---------------------------------------------------------------------------
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured by reason of imports of
plastic ribbon from China that are sold in the United States at
LTFV.\9\ Therefore, in accordance with sections 735(c)(2) and 736(a) of
the Act, we are issuing this antidumping duty order. Because the ITC
determined that imports of plastic ribbon from China are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
these countries, entered or withdrawn from warehouse for consumption,
are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\9\ See ITC Determination.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of plastic ribbon from China. Antidumping duties will
be assessed on unliquidated entries of plastic ribbon from China
entered, or withdrawn from warehouse, for consumption on or after
August 8, 2018, the date of publication of the AD Preliminary
Determination,\10\ and before February 4, 2019. Section 733(d) of the
Act states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months except
where exporters representing a significant proportion of exports of the
subject merchandise request Commerce to extend that four-month period
to no more than six months. At the request of Junlong and Dongguan Mei
Song Plastic Industry Co., Ltd. (Mei Song), two
[[Page 10787]]
mandatory respondents that account for a ``significant portion'' of
subject merchandise in the LTFV investigation, we extended the four-
month period to no more than six months in this case.\11\ Therefore,
entries of subject merchandise from China made on or after February 4,
2019, and prior to the date of publication of the ITC's final
determination in the Federal Register are not liable for the assessment
of antidumping duties due to Commerce's discontinuation of the
suspension of liquidation.
---------------------------------------------------------------------------
\10\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value, 83 FR 39058 (August 8, 2018) (Preliminary
Determination).
\11\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Postponement of Final Determination of Sales at
Less Than Fair Value, 83 FR 40226 (August 14, 2018).
---------------------------------------------------------------------------
Suspension of Liquidation (AD)
In accordance with section 736 of the Act, we will instruct CBP to
reinstitute suspension of liquidation of all appropriate entries of
plastic ribbon from China as described in the ``Scope of the Orders''
section, effective on the date of publication of the ITC's notice of
final determination in the Federal Register. Pursuant to section
735(c)(1)(B) of the Act, Commerce will direct CBP to require a cash
deposit for each entry of subject merchandise, equal to the weighted-
average amount by which the normal value exceeds U.S. price, as
indicated in the table below. The cash deposit rates are as follows:
(1) For the producer/exporter combinations listed in the table below,
the cash deposit rate is equal to the estimated weighted-average
dumping margin listed for that combination in the table; (2) for all
combinations of Chinese producers/exporters of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (3) for all third-county exporters of merchandise under
consideration not listed in the table below, the cash deposit rate is
the cash deposit rate applicable to the Chinese producer/exporter
combination (or the China-wide entity) that supplied that third country
exporter. These suspension of liquidation instructions will remain in
effect until further notice.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows.
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Ningbo Junlong Craft Gift Co., Ltd Ningbo Junlong Craft 132.07
Gift Co., Ltd.
Ricai Film Artwork Materials Co., Dongguan Ricai 61.99
Ltd. Plastic Technology
Co., Ltd.
Sun Rich (Asia) Ltd............... Kai Feng Decoration 105.33
(Hui Zhou) Co., Ltd.
Sun Rich (Asia) Ltd............... Sheng Yi Decoration 105.33
(Dong Guan) Co.,
Ltd.
Joynice Gifts & Crafts Co., Ltd... Joynice Gifts & 105.33
Crafts Co., Ltd.
Chiapton Gifts Decorative Limited. Nan Mei (Huizhou) 105.33
Ribbon Art Factory
Ltd.
Chiapton Gifts Decorative Limited. Shantou Longhu 105.33
YingXin Art Craft
Factory Co. Ltd.
Colorart Plastic Ribbon Colorart Industrial 105.33
Productions Limited. Limited.
Zhejiang Shaoxing Royal Arts & Santa's Collection 105.33
Crafts Co., Ltd. Shaoxing Co. Ltd.
Zhejiang Shaoxing Royal Arts & Zheijang Shaoxing 105.33
Crafts Co., Ltd. Royal Arts & Crafts
Co., Ltd.
Wingo Gift & Crafts (Shenzhen) Wingo Gift & Crafts 105.33
Co., Ltd. (Shenzhen) Co., Ltd.
Seng San Enterprises Co., Ltd..... Xin Seng San 105.33
Handicraft
(ShenZhen) Co., Ltd.
Xiangxin Decoration Factory....... Xiangxin Decoration 105.33
Factory.
Xinghui Packaging Co., Ltd........ Xinghui Packaging 105.33
Co., Ltd.
Shenzhen SHS Technology R&D Co., Shenzhen SHS 105.33
Ltd. Technology R&D Co.,
Ltd.
China-Wide Entity................. .................... 370.04
------------------------------------------------------------------------
Countervailing Duty Order
In accordance with section 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured by reason of subsidized
imports of plastic ribbon from China. As a result, and in accordance
with sections 705(c)(2) and 706 of the Act, we are publishing this
countervailing duty order.
In accordance with section 706(a) of the Act, Commerce will direct
CBP to assess, upon further instruction by Commerce, countervailing
duties on unliquidated entries of plastic ribbon from China entered, or
withdrawn from warehouse, for consumption on or after June 22, 2018,
the date of publication of the CVD Preliminary Determination in the
Federal Register,\12\ and before October 20, 2018, the effective date
on which Commerce instructed CBP to discontinue the suspension of
liquidation in accordance with section 703(d) of the Act. Section
703(d) of the Act states that the suspension of liquidation pursuant to
a preliminary determination may not remain in effect for more than four
months. Entries of plastic ribbons made on or after October 20, 2018,
and prior to the date of publication of the ITC's final determination
in the Federal Register, are not liable for the assessment of
countervailing duties, due to Commerce's discontinuation of the
suspension of liquidation.
---------------------------------------------------------------------------
\12\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination with Final
Antidumping Duty Determination, 83 FR 29096 (June 22, 2018)
(Preliminary Determination).
---------------------------------------------------------------------------
Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation of all appropriate entries of
plastic ribbon from China as described in the ``Scope of the Orders''
section, effective on the date of publication of the ITC's notice of
final determination in the Federal Register, and to assess, upon
further instruction by Commerce pursuant to section 706(a)(1) of the
Act, countervailing duties for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. On or after the date of publication of the ITC's
final injury determination in the Federal Register, we will instruct
CBP to require, at the same time as importers would normally deposit
estimated duties on this merchandise, cash deposits for each entry of
subject merchandise equal to
[[Page 10788]]
the rates listed below. These instructions suspending liquidation will
remain in effect until further notice. The all-others rate applies to
all producers and exporters of subject merchandise not specifically
listed.
Estimated Countervailing Duty Cash Deposit Rates
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Seng San Enterprises Co., Ltd............................... 18.03
Joynice Gifts & Crafts Co., Ltd............................. 14.27
Santa's Collection Shaoxing Co., Ltd........................ 94.67
All-Others.................................................. 16.15
------------------------------------------------------------------------
Notifications to Interested Parties
This notice constitutes the AD and CVD orders with respect to
plastic ribbon from China pursuant to sections 736(a) and 706(a) of the
Act, respectively. Interested parties may visit https://enforcement.trade.gov/stats/iastats1.html or contact Commerce's Central
Records Unit, Room B8024 of the main Commerce Building, for copies of
an updated list of antidumping and countervailing duty orders currently
in effect.
These orders and the amended AD Final Determination are published
in accordance with sections 706(a), 735(e), 736(a), and 777(i) of the
Act, and 19 CFR 351.211(b) and 351.224(e).
Dated: March 19, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 these orders 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 orders; the ``other products'' (i.e.,
the other, non-subject merchandise included in the ensemble) are not
covered by the scope of these orders.
Excluded from the scope of these orders 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, 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 these orders 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 these orders 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 these orders 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 these orders 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 order
are any products covered by the existing antidumping duty order on
polyethylene terephthalate film, sheet, and strip (PET Film) from
the People's
[[Page 10789]]
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 these orders 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
these orders 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 these
orders is dispositive.
[FR Doc. 2019-05520 Filed 3-21-19; 8:45 am]
BILLING CODE 3510-DS-P