[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67513-67515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23517]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-917]


Laminated Woven Sacks From the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review and Rescission, in 
Part; 2018

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

SUMMARY: The Department of Commerce (Commerce) determines that Shandong 
Shouguang Jianyuan Chun Co., Ltd. (Shouguang) received countervailable 
subsidies during the period of review (POR) January 1, 2018 through 
December 31, 2018. In addition, we are rescinding this review with 
respect to the 18 companies listed in the Appendix to this notice.

DATES: Applicable October 23, 2020.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5484.

[[Page 67514]]


SUPPLEMENTARY INFORMATION: 

Background

    This review covers Shouguang, the sole mandatory respondent, its 
cross-owned affiliate, Shandong Longxing Plastic Products Co., Ltd., 
and 18 other companies that did not have reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.
    On June 23, 2020, Commerce published the Preliminary Results.\1\ In 
the Preliminary Results, Commerce preliminarily determined that 
Shouguang received countervailable subsidies during the POR. Pursuant 
to section 776(a) of the Act, Commerce preliminarily relied upon facts 
otherwise available because neither the Government of China (GOC) nor 
Shouguang responded to the initial questionnaire. Commerce further 
found that an adverse inference was warranted because the GOC and 
Shouguang did not cooperate to the best of their ability. In addition, 
we stated our intent to rescind this administrative review with respect 
to 18 companies that did not have reviewable entries of subject 
merchandise during the POR and for which liquidation is suspended.\2\ 
Although we invited parties to comment on the Preliminary Results,\3\ 
no interested party submitted comments.
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    \1\ See Laminated Woven Sacks from the People's Republic of 
China: Preliminary Results of Countervailing Duty Administrative 
Review and Intent to Rescind, in Part; 2018, 85 FR 37624 (June 23, 
2020) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ Id., 85 FR at 37625.
    \3\ Id., 85 FR at 37625-26.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\5\ The deadline for 
the final results of this review is now December 21, 2020.
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The merchandise 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; \6\ 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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    \6\ ``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.

Rescission of Review, in Part

    As noted in the Preliminary Results, 18 of the companies subject to 
this review did not have reviewable entries of subject merchandise 
during the POR for which liquidation is suspended. Accordingly, in the 
absence of reviewable, suspended entries of subject merchandise during 
the POR by the 18 companies at issue, we are rescinding this 
administrative review with respect to these 18 companies, in accordance 
with 19 CFR 351.213(d)(3).\7\
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    \7\ See the Appendix for a list of the 18 companies for whom we 
are rescinding this review because each had no reviewable, suspended 
entries during the POR.
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Final Results of the Review

    Because we received no comments from interested parties, we made no 
changes to the Preliminary Results. Accordingly, no decision memorandum 
accompanies this Federal Register notice.\8\
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    \8\ For further details of the issues addressed in this 
proceeding, see Preliminary Results and PDM.
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    We determine the following net countervailable subsidy rate for the 
period January 1, 2018 through December 31, 2018:

------------------------------------------------------------------------
                  Company                    Net subsidy rate ad valorem
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Shandong Shouguang Jianyuan Chun Co., Ltd.   398.62 percent.
 and Shandong Longxing Plastic Products
 Co., Ltd.
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results within five days of the 
date of publication of the notice of final results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, because 
Commerce has applied a rate based on facts otherwise available with an 
adverse inference to the sole mandatory respondent in this review, in 
accordance with section 776 of the Act, and because the method for 
determining the subsidy rate is outlined in the Preliminary Results,\9\ 
there are no calculations to disclose.
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    \9\ See Preliminary Results PDM at ``Use of Facts Otherwise 
Available and Application of Adverse Inferences'' and Appendix II.
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Assessment Rates

    Consistent with section 751(a)(1) of the Tariff Act of 1930, as 
amended (the

[[Page 67515]]

Act) and 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess countervailing duties 
on all appropriate entries. Commerce intends to issue appropriate 
assessment instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above for the named respondents entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification Regarding Administrative Protective Order

    This notice serves as the only 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 return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(5).

    Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Non-Selected Companies for Rescission

1. Cangnan Color Make The Bag
2. Changle Baodu Plastic Co., Ltd.
3. First Way (H.K.) Limited
4. Han Shing Chemical Co., Ltd.
5. Jiangsu Hotson Plastics Co., Ltd.
6. Ningbo Yong Feng Packaging Co., Ltd.
7. Polywell Industrial Co.
8. Polywell Plastic Product Factory
9. Shandong Qikai Plastics Product Co., Ltd.
10. Shandong Qilu Plastic Fabric Group, Ltd.
11. Shandong Youlian Co., Ltd.
12. Wenzhou Hotson Plastics Co., Ltd.
13. Zibo Aifudi Plastic Packaging Co., Ltd.
14. Zibo Linzi Luitong Plastic Fabric Co., Ltd.
15. Zibo Linzi Qitianli Plastic Fabric Co., Ltd.
16. Zibo Linzi Shuaiqiang Plastics Co., Ltd.
17. Zibo Linzi Worun Packing Product Co., Ltd.
18. Zibo Qigao Plastic Cement Co., Ltd.

[FR Doc. 2020-23517 Filed 10-22-20; 8:45 am]
BILLING CODE 3510-DS-P