[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19602-19605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07630]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-131, C-570-132]


Twist Ties From the People's Republic of China: Antidumping 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 U.S. International Trade Commission (ITC), 
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) 
orders on twist ties from the People's Republic of China (China).

DATES: Applicable April 14, 2021.

[[Page 19603]]


FOR FURTHER INFORMATION CONTACT: Alex Wood (AD) or Ajay Menon (CVD), 
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) 482-1959 or (202) 
482-1993, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on February 22, 2021, Commerce published 
its affirmative final determination of sales at less-than-fair-value 
(LTFV) \1\ and its affirmative final determination that countervailable 
subsidies are being provided to producers and exporters of twist ties 
from China.\2\ On April 8, 2021, the ITC notified Commerce of its final 
affirmative determinations that an industry in the United States is 
materially injured by reason of LTFV imports and subsidized imports of 
twist ties from China, within the meaning of sections 705(b)(1)(A)(i) 
and 735(b)(1)(A)(i) of the Act.\3\
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    \1\ See Twist Ties from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
10536 (February 22, 2021) (LTFV Final Determination).
    \2\ See Twist Ties from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, 86 FR 10542 (February 
22, 2021) (CVD Final Determination).
    \3\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated April 8, 2021 (ITC Notification).
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Scope of the Orders

    The products covered by these orders are twist ties from China. For 
a complete description of the scope of the orders, see Appendix to this 
notice.

AD Order

    On April 8, 2021, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determinations 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 twist ties from 
China.\4\ Therefore, Commerce is issuing this AD order in accordance 
with sections 735(c)(2) and 736 of the Act. Because the ITC determined 
that imports of twist ties from China are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from China entered, 
or withdrawn from warehouse, for consumption are subject to the 
assessment of antidumping duties.
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    \4\ Id.
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    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 twist ties from China. Antidumping duties will be 
assessed on unliquidated entries of twist ties from China entered, or 
withdrawn from warehouse, for consumption on or after December 10, 
2020, the date of publication of the LTFV Preliminary Determination, 
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 determinations, as further described below.\5\
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    \5\ See Twist Ties from the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 85 FR 79468 (December 10, 2020) (LTFV Preliminary 
Determination).
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Continuation of Suspension of Liquidation--AD

    In accordance with section 736 of the Act, we will instruct CBP to 
continue to suspend liquidation on all relevant entries of twist ties 
from China entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's final affirmative injury 
determinations in the Federal Register. 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 determinations, CBP will require, at the same 
time as an importer of record would normally deposit estimated duties 
on the subject merchandise, a cash deposit for each entry of subject 
merchandise equal to the cash deposit rates listed below.\6\ 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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    \6\ See section 736(a)(3) of the Act.

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Cash deposit rate
                                                                             weighted-average     (adjusted for
                  Exporter                              Producer              dumping margin    subsidy offsets)
                                                                                (percent)          (percent)
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Rongfa Plastic Products Co., Ltd. (also      Rongfa Plastic Products Co.,               72.96              62.42
 known as Zhenjiang Rongfa Plastic Co.,       Ltd. (also known as
 Ltd).                                        Zhenjiang Rongfa Plastic
                                              Co., Ltd).
Tianjin Kyoei Packaging Supplies Co., Ltd..  Tianjin Kyoei Packaging                    72.96              62.42
                                              Supplies Co., Ltd.
    China-Wide Entity \7\.................................................              72.96              62.42
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Provisional Measures--AD
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    \7\ The China-wide entity includes Zhenjiang Hongda Commodity 
Co., Ltd. and Zhenjiang Zhonglian I/E Co., Ltd.
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    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months at the request of 
exporters representing a significant proportion of exports of the 
subject merchandise. Commerce published its LTFV Preliminary 
Determination on December 10, 2020.\8\ Commerce's LTFV Final 
Determination published on February 22, 2021.\9\ Therefore, the four-
month period beginning on the date of publication of the LTFV 
Preliminary Determination ended on April 8, 2021.
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    \8\ See LTFV Preliminary Determination.
    \9\ See LTFV Final Determination.
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    Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of twist ties from China entered, or withdrawn from warehouse, for 
consumption after April 8, 2021, the date on which the provisional 
measures expired, through the day preceding the date of publication of 
the ITC's final affirmative injury determinations in the Federal 
Register. Suspension of liquidation will resume on the date of

[[Page 19604]]

publication of the ITC's final affirmative injury determinations in the 
Federal Register.

CVD Order

    On April 8, 2021, in accordance with section 705(d) of the Act, the 
ITC notified Commerce of its final determinations 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 imports of twist ties from 
China.\10\ Therefore, Commerce is issuing this CVD order in accordance 
with sections 705(c)(2) and 706 of the Act. Because the ITC determined 
that imports of twist ties from China are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from China entered, 
or withdrawn from warehouse, for consumption are subject to the 
assessment of countervailing duties.
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    \10\ See ITC Notification.
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    Therefore, 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 twist ties 
from China. Countervailing duties will be assessed on unliquidated 
entries of twist ties from China which are entered, or withdrawn from 
warehouse, for consumption on or after December 1, 2020, the date of 
publication of the CVD Preliminary Determination,\11\ 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 determinations, as further described below.
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    \11\ See Twist Ties from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 85 FR 77167 (December 1, 2020) (CVD Preliminary 
Determination).
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Suspension of Liquidation--CVD

    In accordance with section 706 of the Act, we will instruct CBP to 
reinstitute suspension of liquidation on all relevant entries of twist 
ties from China, effective on the date of publication of the ITC's 
final affirmative injury determinations 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 rate 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 determinations, 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.\12\ The all-others 
rate applies to all producers or exporters not specifically listed 
below, as appropriate.
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    \12\ See section 706(a)(3) of the Act.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
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Dongguan Guanqiao Industrial Co., Ltd...................          111.96
Foshan Shunde Ronggui Yingli Industrial Co., Ltd........          111.96
Yiwu Kurui Handicraft Co. Ltd...........................          111.96
Zhenjiang Hongda Commodity Co. Ltd......................          111.96
Zhenjiang Zhonglian VE Co., Ltd.........................          111.96
All Others..............................................          111.96
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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 December 1, 
2020. Therefore, the provisional measures period, beginning on the date 
of publication of the CVD Preliminary Determination, ended on March 30, 
2021. 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 affirmative injury determinations.
    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 twist ties from China entered, or withdrawn from warehouse, 
for consumption after March 30, 2021, the date on which the provisional 
measures expired, through the day preceding the date of publication of 
the ITC's final injury determinations in the Federal Register. 
Suspension of liquidation will resume on the date of publication of the 
ITC's final affirmative injury determinations in the Federal Register.

Notifications to Interested Parties

    This notice constitutes the AD and CVD orders with respect to twist 
ties from China pursuant to sections 706(a) and 736(a) of the Act. 
Interested parties can find a list of orders currently in effect at 
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: April 8, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders consists of twist ties, 
which are thin, bendable ties for closing containers, such as bags, 
bundle items, or identifying objects. A twist tie in most 
circumstances is comprised of one or more metal wires encased in a 
covering material, which allows the tie to retain its shape and bind 
against itself. However, it is possible to make a twist tie with 
plastic and no metal wires. The metal wire that is generally used in 
a twist tie is stainless or galvanized steel and typically measures 
between the gauges of 19 (.0410'' diameter) and 31 (.0132'') 
(American Standard Wire Gauge). A twist tie usually has a width 
between .075'' and 1'' in the cross-machine direction (width of the 
tie--measurement perpendicular with the wire); a thickness between 
.015'' and .045'' over the wire; and a thickness between .002'' and 
.020'' in areas without wire. The scope includes an all-plastic 
twist tie containing a plastic core as well as a plastic covering 
(the wing) over the core, just like paper and/or plastic in a metal 
tie. An all-plastic twist tie (without metal wire) would be of the 
same measurements as a twist tie containing one or more metal wires. 
Twist ties are commonly available individually in pre-cut lengths 
(``singles''), wound in large spools to be cut later by machine or 
hand, or in perforated sheets of spooled or single twist ties that 
are later slit by machine or by hand (``gangs'').
    The covering material of a twist tie may be paper (metallic or 
plain), or plastic, and can be dyed in a variety of colors with or 
without printing. A twist tie may have the same covering material on 
both sides or one side of paper and one side of plastic. When 
comprised of two sides of paper, the paper material is bound 
together with an adhesive or plastic. A twist tie may also have a 
tag or label attached to it or a pre-applied adhesive attached to 
it.
    Excluded from the scope of the orders are twist ties packaged 
with bags for sale together where the quantity of twist ties does 
not exceed twice the number of bags in each package. Also excluded 
are twists ties that constitute part of the packaging of the 
imported product, for example, merchandise anchored/secured to a 
backing with twist ties in the retail package or a bag of bread that 
is closed with a twist tie.
    Twist ties are imported into the United States under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 
8309.90.0000 and 5609.00.3000. Subject merchandise may also enter 
under HTSUS subheadings 3920.51.5000, 3923.90.0080, 3926.90.9990, 
4811.59.6000, 4821.10.2000, 4821.10.4000, 4821.90.2000, 
4821.90.4000, and 4823.90.8600. These HTSUS

[[Page 19605]]

subheadings are provided for reference only. The written description 
of the scope of the orders is dispositive.

[FR Doc. 2021-07630 Filed 4-13-21; 8:45 am]
BILLING CODE 3510-DS-P