[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34869-34872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15409]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-844]


Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary 
Determination of No Shipments and Rescission, in Part, of Antidumping 
Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Banduoo Ltd. (Banduoo), Fujian Rongshu Industry Co., Ltd. (Fujian 
Rongshu), Roung Shu Industry Corporation (Roung Shu), and Xiamen Yi-He 
Textile Co., Ltd. (Xiamen Yi-He) made no shipments of subject 
merchandise during the period of review (POR) of September 1, 2017 
through August 31, 2018. Further, we are rescinding the review with 
respect to Maple Ribbon Co., Ltd. (Maple

[[Page 34870]]

Ribbon). Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable July 19, 2019.

FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3693.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2018, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on narrow woven ribbons with woven selvedge 
(NWR) from Taiwan for the period September 1, 2017 through August 31, 
2018. On October 1, 2018, Commerce received a timely request, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act), from Berwick Offray LLC and its wholly-owned subsidiary Lion 
Ribbon Company, LLC (the petitioner) to conduct an administrative 
review of the antidumping duty order on NWR from Taiwan manufactured 
and/or exported by Banduoo, Fujian Rongshu, Maple Ribbon, Roung Shu, 
and Xiamen Yi-He.\1\
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    \1\ See Petitioner's Letter, ``Narrow Woven Ribbons With Woven 
Selvedge From Taiwan/Petitioner's Request for Administrative 
Review,'' dated October 1, 2018.
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    In November 2018, Commerce published in the Federal Register a 
notice of initiation of an administrative review of the antidumping 
duty order on NWR from Taiwan with respect to these five companies \2\ 
for the period September 1, 2017 through August 31, 2018. Also in 
November 2018, we received timely submissions from Banduoo, Fujian 
Rongshu, Roung Shu, and Xiamen Yi-He notifying Commerce that they did 
not export or sell subject merchandise to the United States during the 
POR.\3\ In December 2018 and February 2019, we received additional 
information from Roung Shu related to its no shipment claim.\4\
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation 
Notice).
    \3\ See Banduoo's Letter, ``Narrow Woven Ribbons with Woven 
Selvedge from Taiwan: No Shipment Letter,'' dated November 21, 2018 
(Banduoo No Shipment Letter); Fujian Rongshu's Letter, ``Narrow 
Woven Ribbons with Woven Selvedge from Taiwan: No Shipment Letter,'' 
dated November 21, 2018 (Fujian Rongshu No Shipment Letter); Roung 
Shu's Letter, ``Narrow Woven Ribbons with Woven Selvedge from 
Taiwan: No Shipment Letter,'' dated November 21, 2018; and Xiamen 
Yi-He's Letter, ``Narrow Woven Ribbons with Woven Selvedge from 
Taiwan: No Shipment Letter,'' dated November 21, 2018 (Xiamen Yi-He 
No Shipment Letter).
    \4\ See Roung Shu's Letter, ``Narrow Woven Ribbons with Woven 
Selvedge from Taiwan: Respondent Selection Comments,'' dated 
December 21, 2018 (Roung Shu No Shipment Comments); and Roung Shu's 
Letter, ``Narrow Woven Ribbons with Woven Selvedge from Taiwan: 
Additional Materials Related to No Shipments Letter,'' dated 
February 22, 2019 (Roung Shu Additional No Shipment Comments).
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    In March 2019, we confirmed Banduoo's, Fujian Roung Shu's, and 
Xiamen Yi-He's no shipment claims with U.S. Customs and Border 
Protection (CBP). Also in March 2019, we selected Maple Ribbon as a 
mandatory respondent in this review and issued an AD questionnaire to 
it.\5\ However, in the same month, the petitioner timely withdrew its 
request for an administrative review with respect to Maple Ribbon.\6\
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    \5\ See Memorandum, ``Respondent Selection,'' dated March 13, 
2019; and Commerce's Letter, ``Antidumping Duty Questionnaire,'' 
dated March 13, 2019.
    \6\ See Petitioner's Letter, ``Narrow Woven Ribbons With Woven 
Selvedge From Taiwan/Petitioner's Withdrawal Of Request For 
Administrative Review Of Maple Ribbon,'' dated March 21, 2019 
(Petitioner Withdrawal Request). We note that the petitioner's 
withdrawal of this request was submitted within the tolled 90-day 
period and, thus, is timely.
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018 through 
the resumption of operations on January 29, 2019.\7\ The revised 
deadline for the preliminary results of this review is now July 12, 
2019.
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    \7\ 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 (Tolling Memo). All deadlines in this segment of 
the proceeding have been extended by 40 days.
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Scope of the Order

    The scope of this order covers narrow woven ribbons with woven 
selvedge, in any length, but with a width (measured at the narrowest 
span of the ribbon) less than or equal to 12 centimeters, composed of, 
in whole or in part, man-made fibers (whether artificial or synthetic, 
including but not limited to nylon, polyester, rayon, polypropylene, 
and polyethylene teraphthalate), metal threads and/or metalized yarns, 
or any combination thereof. Narrow woven ribbons subject to the order 
may:
     Also include natural or other non-man-made fibers;
     be of any color, style, pattern, or weave construction, 
including but not limited to single faced satin, double-faced satin, 
grosgrain, sheer, taffeta, twill, jacquard, or a combination of two or 
more colors, styles, patterns, and/or weave constructions;
     have been subjected to, or composed of materials that have 
been subjected to, various treatments, including but not limited to 
dyeing, printing, foil stamping, embossing, flocking, coating, and/or 
sizing;
     have embellishments, including but not limited to 
appliqu[eacute], fringes, embroidery, buttons, glitter, sequins, 
laminates, and/or adhesive backing;
     have wire and/or monofilament in, on, or along the 
longitudinal edges of the ribbon;
     have ends of any shape or dimension, including but not 
limited to straight ends that are perpendicular to the longitudinal 
edges of the ribbon, tapered ends, flared ends or shaped ends, and the 
ends of such woven ribbons may or may not be hemmed;
     have longitudinal edges that are straight or of any shape, 
and the longitudinal edges of such woven ribbon may or may not be 
parallel to each other;
     consist of such ribbons affixed to like ribbon and/or cut-
edge woven ribbon, a configuration also known as an ``ornamental 
trimming;''
     be wound on spools; attached to a card; hanked (i.e., 
coiled or bundled); packaged in boxes, trays or bags; or configured as 
skeins, balls, bateaus or folds; and/or
     be included within a kit or set such as when packaged with 
other products, including but not limited to gift bags, gift boxes and/
or other types of ribbon.
    Narrow woven ribbons subject to the order include all narrow woven 
fabrics, tapes, and labels that fall within this written description of 
the scope of this antidumping duty order.
    Excluded from the scope of the order are the following:
    (1) Formed bows composed of narrow woven ribbons with woven 
selvedge;
    (2) ``pull-bows'' (i.e., 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) composed of narrow woven ribbons;
    (3) narrow woven ribbons comprised at least 20 percent by weight of 
elastomeric yarn (i.e., filament yarn, including monofilament, of 
synthetic textile material, other than textured yarn, which does not 
break on being extended to three times its original length and which 
returns, after being extended to twice its original length, within a 
period of five minutes, to a length not greater than one and a half 
times its original length as defined in

[[Page 34871]]

the Harmonized Tariff Schedule of the United States (HTSUS), Section 
XI, Note 13) or rubber thread;
    (4) narrow woven ribbons of a kind used for the manufacture of 
typewriter or printer ribbons;
    (5) narrow woven labels and apparel tapes, cut-to-length or cut-to-
shape, having a length (when measured across the longest edge-to-edge 
span) not exceeding eight centimeters;
    (6) narrow woven ribbons with woven selvedge attached to and 
forming the handle of a gift bag;
    (7) cut-edge narrow woven ribbons formed by cutting broad woven 
fabric into strips of ribbon, with or without treatments to prevent the 
longitudinal edges of the ribbon from fraying (such as by merrowing, 
lamination, sono-bonding, fusing, gumming or waxing), and with or 
without wire running lengthwise along the longitudinal edges of the 
ribbon;
    (8) narrow woven ribbons comprised at least 85 percent by weight of 
threads having a denier of 225 or higher;
    (9) narrow woven ribbons constructed from pile fabrics (i.e., 
fabrics with a surface effect formed by tufts or loops of yarn that 
stand up from the body of the fabric);
    (10) narrow woven ribbon affixed (including by tying) 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;
    (11) narrow woven ribbon that is (a) affixed to non-subject 
merchandise as a working component of such non-subject merchandise, 
such as where narrow woven ribbon comprises an apparel trimming, 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;
    (12) narrow woven ribbon(s) comprising a belt attached to and 
imported with an item of wearing apparel, whether or not such belt is 
removable from such item of wearing apparel; and
    (13) narrow woven ribbon(s) included with non-subject merchandise 
in kits, such as a holiday ornament craft kit or a scrapbook kit, in 
which the individual lengths of narrow woven ribbon(s) included in the 
kit are each no greater than eight inches, the aggregate amount of 
narrow woven ribbon(s) included in the kit does not exceed 48 linear 
inches, none of the narrow woven ribbon(s) included in the kit is on a 
spool, and the narrow woven ribbon(s) is only one of multiple items 
included in the kit.
    The merchandise subject to this order is classifiable under the 
HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050; 
and 5806.32.1060. Subject merchandise also may enter under subheadings 
5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 
5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and 
under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; 
and 6307.90.9889. The HTSUS statistical categories and subheadings are 
provided for convenience and customs purposes; however, the written 
description of the merchandise covered by this order is dispositive.

Preliminary Determination of No Shipments

    On November 21, 2018, Banduoo, Fujian Rongshu, Roung Shu, and 
Xiamen Yi-He timely filed statements reporting that they made no 
shipments of subject merchandise to the United States during the 
POR.\8\ We confirmed the claims from Banduoo, Fujian Rongshu, and 
Xiamen Yi-He with CBP. Based on this information, we preliminarily 
determine that Banduoo, Fujian Rongshu, and Xiamen Yi-He had no 
shipments during the POR.
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    \8\ See Banduoo No Shipment Letter; Fujian Rongshu No Shipment 
Letter; and Xiamen Yi-He No Shipment Letter.
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    With respect to Roung Shu, we noted that the CBP data placed on the 
record of this review contained entries from Roung Shu which were 
classified as subject merchandise. Roung Shu submitted comments 
regarding the CBP data, in which it explained that its customers had 
erroneously categorized the entries as subject merchandise.\9\ To 
support its statements, Roung Shu submitted factual information related 
to the entries which demonstrated that the products contained in the 
shipments were not subject to the review, and it provided documentation 
filed by the importer with CBP to correct the entry type.\10\ After 
reviewing the additional information provided by Roung Shu, we 
preliminarily determine that Roung Shu also had no shipments during the 
POR.
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    \9\ See Roung Shu No Shipment Comments; and Roung Shu Additional 
No Shipment Comments.
    \10\ See Roung Shu No Shipment Comments; and Roung Shu 
Additional No Shipment Comments.
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    Consistent with our practice, we are not preliminarily rescinding 
the review with respect to Banduoo, Fujian Rongshu, Roung Shu, and 
Xiamen Yi-He but, rather, we will complete the review with respect to 
these companies and issue appropriate instructions to CBP based on the 
final results of this review.\11\
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    \11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
petitioner's withdrawal of its request with respect to Maple Ribbon was 
submitted within the 90-day period and, thus, is timely.\12\ Because 
the petitioner's withdrawal of its request with respect to Maple Ribbon 
for an antidumping duty administrative review is timely, and because no 
other party requested a review of this company, in accordance with 19 
CFR 351.213(d)(1), we are rescinding this administrative review, in 
part, with respect to Maple Ribbon.
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    \12\ See Petitioner Withdrawal Request; see also Tolling Memo.
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of this notice.\13\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be submitted no later 
than five days after the deadline date for case briefs.\14\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Case and rebuttal briefs 
should be filed electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS) and must be received successfully in its entirety by 
5:00 p.m. Eastern Time by ACCESS.\15\ ACCESS is available to registered 
users at https://access.trade.gov, and to all parties in the

[[Page 34872]]

Central Records Unit, Room B8024 of the main Commerce building.
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    \13\ See 19 CFR 351.309(c).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, pursuant to section 751(a)(3)(A) of the Act, unless 
extended.\16\
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    \16\ See section 751(a)(2)(B)(iv) of the Act; and 19 CFR 
351.213(h)(2).
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Assessment Rates

    With respect to Maple Ribbon, Commerce will instruct CBP to assess 
antidumping duties at the cash deposit rate in effect on the date of 
entry for entries during the period September 1, 2017 through August 
31, 2018, in accordance with 19 CFR 351.212(c)(1)(i). We intend to 
issue liquidation instructions to CBP 15 days after publication of this 
notice.
    With respect to the remaining companies covered by the review, upon 
issuance of the final results, Commerce shall determine, and CBP shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\17\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review.\18\
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ See section 751(a)(2)(C) of the Act.
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    Further, if we continue to find in the final results that Banduoo, 
Fujian Rongshu, Roung Shu, and Xiamen Yi-He had no shipments of subject 
merchandise during the POR, we will instruct CBP to liquidate any 
suspended entries that entered under their antidumping duty case 
numbers (i.e., at that exporter's rate) at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction. We intend to issue liquidation instructions for Banduoo, 
Fujian Rongshu, Roung Shu, and Xiamen Yi-He to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) For merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published from the most 
recently completed segment; (2) if the exporter is not a firm covered 
in this review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment for the manufacturer of the merchandise; and 
(3) the cash deposit rate for all other manufacturers or exporters will 
continue to be 4.37 percent, the all-others rate determined in the 
less-than-fair-value investigation.\19\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \19\ See Narrow Woven Ribbons With Woven Selvedge from Taiwan 
and the People's Republic of China: Amended Antidumping Duty Orders, 
75 FR 56982, 56985 (September 17, 2010).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a preliminary reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: July 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-15409 Filed 7-18-19; 8:45 am]
BILLING CODE 3510-DS-P