[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72825-72826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29542]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-844]
Narrow Woven Ribbons With Woven Selvedge From Taiwan: Final
Results of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 4, 2012, the Department of Commerce (the Department)
published the preliminary results of the first administrative review of
the antidumping duty order on narrow woven ribbons with woven selvedge
(narrow woven ribbons) from Taiwan. The period of review (POR) is
September 1, 2010, through August 31, 2011.
Based on our analysis of the comments received we have made no
changes to the dumping margin assigned to Hubschercorp, the sole
respondent in this administrative review. Therefore, the final results
do not differ from the preliminary results. The final dumping margin
for Hubschercorp is listed below in the section entitled ``Final
Results of Review.''
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC, 20230; telephone: (202) 482-3874.
SUPPLEMENTARY INFORMATION:
Background
This review covers one exporter, Hubschercorp. On June 4, 2012, the
Department published in the Federal Register the preliminary results of
administrative review of the antidumping duty order on narrow woven
ribbons from Taiwan.\1\
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\1\ See Narrow Woven Ribbons With Woven Selvedge From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review, 77 FR
32938 (June 4, 2012) (Preliminary Results).
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In July 2012, we received a case brief from Hubschercorp (the
respondent) and a rebuttal brief from Berwick Offray LLC and its
wholly-owned subsidiary Lion Ribbon Company, Inc. (collectively, the
petitioner). In September 2012, the Department held a public hearing at
the request of Hubschercorp.
Also in September 2012, the Department extended the deadline for
these final results until December 1, 2012. As explained in the
memorandum from the Assistant Secretary for Import Administration, the
Department has exercised its discretion to toll deadlines for the
duration of the closure of the Federal Government from October 29,
through October 30, 2012. Thus, all deadlines in this segment of the
proceeding have been extended by two days. The revised deadline for the
final results of this administrative review is now December 3, 2012.\2\
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\2\ See Memorandum to the Record from Paul Piquado, Assistant
Secretary for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure
During Hurricane Sandy,'' dated October 31, 2012.
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The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The scope of the order covers narrow woven ribbons with woven
selvedge. The product is currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 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. Although
the HTSUS numbers are provided for convenience and customs purposes,
the written product description, available in Narrow Woven Ribbons With
Woven Selvedge From Taiwan and the People's Republic of China: Amended
Antidumping Duty Orders, 75 FR 56982 (September 17, 2010), remains
dispositive.
Period of Review
The POR is September 1, 2010, through August 31, 2011.
Use of Facts Otherwise Available and Adverse Facts Available (AFA)
In the Preliminary Results, we determined that, due to
Hubschercorp's lack of cooperation in the review, in accordance with
section 776(a)(2)(A) of the Act, the use of facts available with an
adverse inference was appropriate as the basis for the dumping margin
for Hubschercorp. See Preliminary Results, 77 FR at 32940. Having
considered the arguments raised by the parties in the case and rebuttal
briefs, we continue to find that the application of AFA is warranted,
and have assigned to Hubschercorp a dumping margin of 137.20 percent.
See the Issues and Decision Memorandum accompanying these final
results.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this administrative review are listed in the Appendix to this notice
and addressed in the Issues and Decision Memorandum, which is adopted
by this notice.
The Issues and Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov
and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made no
changes to the margin assigned to Hubschercorp. For further discussion,
see the Issues and Decision Memorandum.
Final Results of Review
We determine that the following dumping margin exists for the
period September 1, 2010, through August 31, 2011:
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Percent
Manufacturer/exporter margin
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Hubschercorp................................................. 137.20
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[[Page 72826]]
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. See generally 19 CFR 351.212. The Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of these final results of review.
For Hubschercorp's U.S. sales, we will base the assessment rate
assigned to the corresponding entries on AFA, determined as noted
above.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rate for Hubschercorp will be the rate
shown above; (2) for previously investigated companies not listed
above, the cash deposit rate will continue to be the company-specific
rate published in the LTFV investigation; (3) if the exporter is not a
firm covered in this review, or the LTFV investigation, but the
manufacturer is, the cash deposit rate will be the rate established in
the LTFV investigation for the manufacturer of the merchandise; and (4)
the cash deposit rate for all other manufacturers or exporters will
continue to be 4.37 percent, the all-others rate made effective by the
LTFV investigation.\3\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\3\ See Notice of Final Determination of Sales at Less than Fair
Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 75 FR
41804 (July 19, 2010).
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Notification to Importers
This notice serves as a final 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
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.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Company-Specific Comments
1. Use of Highest Petition Rate as Adverse Facts Available
(AFA).
2. Application of AFA Rate to Hubschercorp's Exports.
[FR Doc. 2012-29542 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P