[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21388-21390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08136]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
20 companies subject to the administrative review of the antidumping 
duty (AD) order on laminated woven sacks (LWS) from the People's 
Republic of China (China) are part of the China-wide entity because 
none filed a separate rate application (SRA) or separate rate 
certification (SRC). The period of review (POR) is August 1, 2018 
through July 31, 2019. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable April 17, 2020.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2019, Commerce published a notice of opportunity to

[[Page 21389]]

request an administrative review of the AD order on LWS from China.\1\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 37834 (August 2, 2019).
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    Pursuant to a request from Laminated Woven Sacks Fair Trade 
Coalition and its individual members, Polytex Fibers Corporation and 
ProAmpac Holdings Inc. (collectively, the petitioners),\2\ Commerce 
initiated an administrative review with respect to 20 companies: 
Cangnan Color Make The Bag, Changle Baodu Plastic Co., Ltd., First Way 
(H.K.) Limited, Han Shing Chemical Co., Ltd., Jiangsu Hotson Plastics 
Co., Ltd., Ningbo Yong Feng Packaging Co., Ltd., Polywell Industrial 
Co., Polywell Plastic Product Factory, Shandong Longxing Plastic 
Products Company Ltd., Shandong Qikai Plastics Product Co., Ltd., 
Shandong Qilu Plastic Fabric Group, Ltd., Shandong Shouguang Jianyuan 
Chun Co., Ltd., Shandong Youlian Co., Ltd., Wenzhou Hotson Plastics 
Co., Ltd., Zibo Aifudi Plastic Packaging Co., Ltd., Zibo Linzi Luitong 
Plastic Fabric Co., Ltd., Zibo Linzi Qitianli Plastic Fabric Co., Ltd., 
Zibo Linzi Shuaiqiang Plastics Co., Ltd., Zibo Linzi Worun Packing 
Product Co., Ltd., and Zibo Qigao Plastic Cement Co., Ltd.\3\ The 
deadline for interested parties to submit an SRA or an SRC was November 
6, 2019.\4\ No party submitted an SRA or an SRC.\5\
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    \2\ See Petitioners' Letter, ``Laminated Woven Sacks from the 
People's Republic of China: Request for Antidumping Administrative 
Review,'' dated August 30, 2019.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice).
    \4\ See Initiation Notice, 84 FR at 53413 (``Separate Rate 
Certifications are due to Commerce no later than 30 calendar days 
after publication of this Federal Register notice. . . . Separate 
Rate Status Applications are due to Commerce no later than 30 
calendar days of publication of this Federal Register notice'').
    \5\ Id.
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Scope of the Order

    The product covered by this order is laminated woven sacks. 
Laminated woven sacks are bags or sacks 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) or to an exterior ply of paper that is suitable for high quality 
print graphics. Effective July 1, 2007, laminated woven sacks are 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 6305.33.0050 and 6305.33.0080. Laminated woven 
sacks were previously classifiable under HTSUS subheading 6305.33.0020. 
The HTSUS subheadings are provided for convenience and customs purposes 
only; the written product description of the scope of the order is 
dispositive. For a full description of the scope of the order, see the 
appendix to this notice.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.213.

Preliminary Results of Review

    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an AD administrative review.\6\ 
Accordingly, the NME entity will not be under review unless Commerce 
specifically receives a request for, or self-initiates, a review of the 
NME entity.\7\ Commerce considers China to be a NME country \8\ and, in 
accordance with section 771(18)(C)(i) of the Act, we continue to treat 
China as a NME country for purposes of this administrative review. In 
this administrative review, no party requested a review of the China-
wide entity and we have not self-initiated a review of the China-wide 
entity. Because no review of the China-wide entity is being conducted, 
the China-wide entity's entries are not subject to the review and the 
rate applicable to the NME entity is not subject to change as a result 
of this review.
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    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Non-Market Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \7\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their requests.
    \8\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair-Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing 
Memorandum, ``China's Status as a Non-Market Economy,'' dated 
October 26, 2017), unchanged in Certain Aluminum Foil from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 83 FR 9282 (March 5, 2018), and accompanying Issues 
and Decision Memorandum at Comment 1.
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    In proceedings involving NME countries, such as China, Commerce 
maintains a rebuttable presumption that the export activities of all 
companies within the country are subject to government control.\9\ It 
is Commerce's policy to assign all exporters of the subject merchandise 
from an NME country a single rate unless an exporter can affirmatively 
demonstrate an absence of government control, both in law (de jure) and 
in fact (de facto), with respect to exports.\10\ In the Initiation 
Notice, Commerce notified parties of the application process by which 
companies may obtain separate rate status in NME proceedings.\11\ To 
demonstrate separate rate eligibility, Commerce normally requires a 
company for which a review was requested, and which was assigned a 
separate rate in the most recent segment of the proceeding in which the 
company participated, to submit an SRC stating that it continues to 
meet the criteria for obtaining a separate rate.\12\ For a company that 
was not assigned a separate rate in a previous segment of the 
proceeding, however, Commerce requires an SRA to demonstrate separate 
rate eligibility.\13\ The deadline for interested parties to submit an 
SRA or SRC in this administrative review was November 6, 2019.\14\ None 
of the 20 companies subject to this review filed an SRA or SRC. 
Commerce preliminarily determines that these companies have not 
demonstrated their eligibility for separate rate status. As such, 
Commerce also preliminarily determines that the companies subject to 
review are part of the China-wide entity. The China-wide entity rate is 
91.73 percent.\15\
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    \9\ See Policy Bulletin 05.1, Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigations 
involving Non-Market Economy Countries, dated April 15, 2005, 
available at https://enforcement.trade.gov/policy/bull05-1.pdf.
    \10\ Id.
    \11\ See Initiation Notice, 84 FR at 53412-13.
    \12\ Id.
    \13\ Id.
    \14\ Id.
    \15\ See Laminated Woven Sacks from the People's Republic of 
China: Notice of Court Decision Not in Harmony with Final 
Determination Under Section 129 of the Uruguay Round Agreements Act, 
81 FR 23457 (April 21, 2016); see also Notice of Antidumping Duty 
Order: Laminated Woven Sacks from the People's Republic of China, 73 
FR 45941 (August 7, 2008); Implementation of Determinations Under 
Section 129 of the Uruguay Round Agreements Act: Certain New 
Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel 
Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and 
Tube from the People's Republic of China, 77 FR 52683 (August 30, 
2012).
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Public Comment

    Interested parties are invited to comment on these preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty

[[Page 21390]]

Centralized Electronic Service System (ACCESS) within 30 days after the 
date of publication of these preliminary results of review.\16\ ACCESS 
is available to registered users at http://access.trade.gov. Rebuttal 
briefs, limited to issues raised in the case briefs, must be filed 
within seven days after the time limit for filing case briefs.\17\ 
Parties who submit case or rebuttal briefs in this proceeding are 
requested to submit with each argument a statement of the issue, a 
brief summary of the argument, and a table of authorities.\18\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
May 19, 2020, unless extended.\19\
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    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020) (Temporary Rule) (``To provide adequate time for 
release of case briefs via ACCESS, E&C intends to schedule the due 
date for all rebuttal briefs to be 7 days after case briefs are 
filed (while these modifications are in effect)'').
    \18\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \19\ See Temporary Rule.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\20\ Hearing requests 
should contain: (1) The party's name, address, telephone number; (2) 
the number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs.\21\ If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.\22\
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    \20\ See 19 CFR 351.310(c).
    \21\ Id.
    \22\ See 19 CFR 351.310(d)(1).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of all issues raised in the case briefs, within 120 
days of the publication of these preliminary results, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review.\23\ We intend to instruct CBP to liquidate 
entries containing subject merchandise exported by the companies under 
review that we determine in the final results to be part of the China-
wide entity at the China-wide entity rate of 91.73 percent. Commerce 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this review in the Federal 
Register.\24\
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    \23\ See 19 CFR 351.212(b)(1).
    \24\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For previously investigated or 
reviewed Chinese and non-Chinese exporters not listed above that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (2) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be that for the China-wide entity (i.e., 91.73 percent); and (3) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 315.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: April 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Order

    The merchandise covered by the order is laminated woven sacks. 
Laminated woven sacks are bags or sacks 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'') or to an exterior ply of paper that is 
suitable for high quality print graphics; \25\ printed with three 
colors or more in register; with or without lining; whether or not 
closed on one end; whether or not in roll form (including sheets, 
lay-flat tubing, and sleeves); with or without handles; with or 
without special closing features; not exceeding one kilogram in 
weight. Laminated woven sacks are typically used for retail 
packaging of consumer goods such as pet foods and bird seed.
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    \25\ ``Paper suitable for high quality print graphics,'' as used 
herein, means paper having an ISO brightness of 82 or higher and a 
Sheffield Smoothness of 250 or less. Coated free sheet is an example 
of a paper suitable for high quality print graphics.
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    Effective July 1, 2007, laminated woven sacks are classifiable 
under Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks 
were previously classifiable under HTSUS subheading 6305.33.0020. 
Laminated woven sacks are also classifiable under HTSUS 
6305.33.0040. 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 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 of the order is dispositive.

[FR Doc. 2020-08136 Filed 4-16-20; 8:45 am]
BILLING CODE 3510-DS-P