[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25753-25755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11579]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-823, C-552-824]
Laminated Woven Sacks From the Socialist Republic of Vietnam:
Antidumping Duty and Countervailing Duty Orders
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 (ITC),
Commerce is issuing the antidumping duty (AD) and countervailing duty
(CVD) orders on laminated woven sacks (LWS) from the Socialist Republic
of Vietnam (Vietnam).
DATES: Applicable June 4, 2019.
FOR FURTHER INFORMATION CONTACT: Drew Jackson (AD order), Celeste Chen
(AD order), Thomas Martin (CVD order), or Ariela Garvett (CVD order),
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4406, (202) 482-
0890, (202) 482-3936, or (202) 482-3609, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on April 11, 2019, Commerce published its
affirmative final determination of sales at less-than-fair-value (LTFV)
and its affirmative final determination that countervailable subsidies
are being provided to producers and exporters of LWS from Vietnam.\1\
On May 23, 2019, the ITC notified Commerce of its final affirmative
determination that an industry in the United States is materially
injured by reason of LTFV imports and subsidized imports of LWS from
Vietnam, within the meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.\2\
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\1\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Final Determination of Sales at Less Than Fair Value, 84 FR
14651 (April 11, 2019) (LTFV Final Determination); see also
Laminated Woven Sacks from the Socialist Republic of Vietnam: Final
Affirmative Countervailing Duty Determination, 84 FR 14647 (April
11, 2019) (CVD Final Determination).
\2\ See Letter to the Honorable Jeffrey Kessler, Assistant
Secretary of Commerce for Enforcement and Compliance, from David S.
Johanson, Chairman of the U.S. International Trade Commission,
regarding antidumping and countervailing duty investigations
concerning imports of laminated woven sacks from Vietnam
(Investigation Nos. 701-TA-601 and 731-TA-1411 (Final)), dated May
23, 2019 (ITC Notification).
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Scope of the Orders
The products covered by these orders are LWS from Vietnam. For a
complete description of the scope of the orders, see the Appendix to
this notice.
AD Order
On May 23, 2019, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of LWS from Vietnam
that are sold in the United States at LTFV.\3\ Therefore, in accordance
with section 735(c)(2) of the Act, we are issuing this AD order.
Because the ITC determined that imports of LWS from Vietnam are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Vietnam, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties, as
described below.
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\3\ Id.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and
Border
[[Page 25754]]
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
subject merchandise, for all relevant entries of LWS from Vietnam.
Antidumping duties will be assessed on unliquidated entries of LWS from
Vietnam entered, or withdrawn from warehouse, for consumption on or
after October 11, 2018, the date of publication of the LTFV Preliminary
Determination,\4\ but will not be assessed on entries occurring after
the expiration of the provisional measures period and before
publication of the ITC's final affirmative injury determination as
further described below.
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\4\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Preliminary Determination of Sales at Less Than Fair Value,
83 FR 51436 (October 11, 2018) (LTFV Preliminary Determination).
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Suspension of Liquidation--AD
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute suspension of liquidation on all relevant entries of
LWS from Vietnam, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce pursuant to section
736(a)(1) of the Act, antidumping duties for each entry of the subject
merchandise equal to the amount by which the normal value of the
merchandise exceeds the export price or constructed export price of the
merchandise. These instructions suspending liquidation will remain in
effect until further notice. For each producer and exporter
combination, Commerce will also instruct CBP to require cash deposits
for estimated antidumping duties equal to the cash deposit rates listed
below.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as an importer of record would normally deposit estimated duties
on the subject merchandise, cash deposits based on the rates listed
below.\5\ As stated in the LTFV Final Determination, Commerce made
certain adjustments for export subsidies from the CVD Final
Determination to the estimated weighted-average dumping margin to
determine each of the cash deposit rates.
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\5\ See section 736(a)(3) of the Act.
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Estimated
weighted-
Exporter Producer average Cash deposit
dumping margin rate (percent)
(percent)
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Duong Vinh Hoa Packaging Company Limited... Duong Vinh Hoa Packaging Company 109.46 108.33
Limited.
C.P. Packaging (Vietnam) Industry Co., Ltd. C.P. Packaging (Vietnam) Industry 109.46 108.33
Co., Ltd.
Tan Dai Hung d.b.a. Tan Dai Hung Joint Tan Dai Hung d.b.a. Tan Dai Hung 109.46 108.33
Stock Co. and Tan Dai Hung Plastic Joint Joint Stock Co. and Tan Dai Hung
Stock Company. Plastic Joint Stock Company.
TKMB Joint Stock Company................... TKMB Joint Stock Company........... 109.46 108.33
Trung Dong Corporation..................... Trung Dong Corporation............. 109.46 108.33
Vietnam-Wide Entity \6\.................... Vietnam-Wide Entity................ 292.61 291.48
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Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative 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 Duong Vinh Hoa
Packaging Company Limited, the exporter that accounts for a significant
proportion of LWS from Vietnam, we extended the four-month period to
six months.\7\ Commerce published its LTFV Preliminary Determination on
October 11, 2018. Therefore, the extended period, beginning on the date
of publication of the LTFV Preliminary Determination, ended on April 9,
2019. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register.
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\6\ The Vietnam-wide entity includes Xinsheng Plastic Industry
Co., Ltd.
\7\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Postponement of Final Determination of Sales at Less than
Fair Value Investigation, 83 FR 53452 (October 23, 2018).
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Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of LWS from Vietnam entered, or withdrawn from warehouse, for
consumption after April 9, 2019, the date on which the provisional
measures expired, through the day preceding the date of publication of
the ITC's final affirmative injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register.
CVD Order
On May 23, 2019, in accordance with section 705(d) of the Act, the
ITC notified Commerce of its final determination that an industry in
the United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of subsidized imports of LWS from
Vietnam.\8\ Therefore, in accordance with section 705(c)(2) of the Act,
we are issuing this CVD order. Because the ITC determined that imports
of LWS from Vietnam are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Vietnam entered, or
withdrawn from warehouse, for consumption are subject to the assessment
of countervailing duties, as described below.
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\8\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 706(a)(1) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on all relevant
entries of LWS from Vietnam entered, or withdrawn from warehouse, for
consumption on or after August 13, 2018, the date of publication of the
CVD Preliminary Determination \9\ but will not be assessed on entries
occurring after the expiration of the provisional measures period and
before publication
[[Page 25755]]
of the ITC's final affirmative injury determination as further
described below.
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\9\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Preliminary Affirmative Countervailing Duty Determination
and Alignment of Final Determination with Final Antidumping Duty
Determination, 83 FR 39983 (August 13, 2018) (CVD Preliminary
Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute suspension of liquidation on all relevant entries of
LWS from Vietnam, effective on the date of publication of the ITC's
final affirmative injury 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. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to the
amounts as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on the subject merchandise, a cash deposit for each
entry of subject merchandise equal to the subsidy rates listed
below.\10\ The all-others rate applies to all producers or exporters
not specifically listed below, as appropriate.
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\10\ See section 706(a)(3) of the Act.
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Subsidy
Exporter/producer rate
(percent)
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Duong Vinh Hoa Packaging Company Limited................... 3.02
Xinsheng Plastic Industry Co., Ltd......................... 198.87
All-Others................................................. 3.02
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Provisional Measures--CVD
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its CVD Preliminary Determination on August 13,
2018. Therefore, the provisional measures period, beginning on the date
of publication of the CVD Preliminary Determination, ended on December
11, 2018. Pursuant to section 707(b) of the Act, the collection of cash
deposits at the rate listed above will begin on the date of publication
of the ITC's final injury determination in the Federal Register.
Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of LWS from Vietnam entered, or withdrawn from warehouse, for
consumption on or after December 11, 2018, the date on which the
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determination in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register.
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to LWS
from Vietnam pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find an updated list of orders currently in
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act, and 19 CFR 351.211(b).
Dated: May 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders is laminated woven
sacks. Laminated woven sacks are bags consisting of one or more
plies of fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to
an exterior ply of plastic film such as biaxially-oriented
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or
any film suitable for printing, or to an exterior ply of paper;
printed; displaying, containing, or comprising three or more visible
colors (e.g., laminated woven sacks printed with three different
shades of blue would be covered by the scope), not including the
color of the woven fabric; regardless of the type of printing
process used; with or without lining; with or without handles; with
or without special closing features (including, but not limited to,
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded,
adhesive-welded, or press-to-close); whether finished or unfinished
(e.g., whether or not closed on one end and whether or not in roll
form, including, but not limited to, sheets, lay-flat, or formed in
tubes); not exceeding one kilogram in actual weight. Laminated woven
sacks produced in the Socialist Republic of Vietnam are subject to
the scope regardless of the country of origin of the fabric used to
make the sack.
The scope of these orders excludes laminated woven sacks having
each of the following physical characteristics: (1) No side greater
than 24 inches, (2) weight less than 100 grams, (3) an open top that
is neither sealable nor closable, the rim of which is hemmed or sewn
around the entire circumference, (4) carry handles sewn on the open
end, (5) side gussets, and (6) either a bottom gusset or a square or
rectangular bottom. The excluded items with the above-mentioned
physical characteristics may be referred to as reusable shopping
bags.
Subject laminated woven sacks are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
6305.33.0040 and 6305.33.0080. If entered with plastic coating on
both sides of the fabric consisting of woven polypropylene strip
and/or woven polyethylene strip, laminated woven sacks may be
classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and
3923.29.0000. If entered not closed on one end or in roll form
(including, but not limited to, sheets, lay-flat tubing, and
sleeves), laminated woven sacks may be classifiable under other
HTSUS subheadings, including 3917.39.0050, 3921.90.1100,
3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or
polyethylene strips making up the fabric measure more than 5
millimeters in width, laminated woven sacks may be classifiable
under other HTSUS subheadings including 4601.99.0500,4601.99.9000,
and 4602.90.0000. Although HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope is dispositive.
[FR Doc. 2019-11579 Filed 6-3-19; 8:45 am]
BILLING CODE 3510-DS-P