[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3114-3118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01147]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-076]
Certain Plastic Decorative Ribbon From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Maliha Khan at (202) 482-0895, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On December 27, 2017, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) Petition concerning imports of
certain plastic decorative ribbon (plastic decorative ribbon) from the
People's Republic of China (China), filed in proper form on behalf of
Berwick Offray, LLC (the petitioner).\1\ The CVD Petition was
accompanied by an antidumping (AD) Petition concerning imports of
plastic decorative ribbon from China. The petitioner is a domestic
producer of plastic decorative ribbon.\2\
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\1\ See Letter to the Secretary of Commerce ``Plastic Decorative
Ribbon from the People's Republic of China: Petitions for the
Imposition of Antidumping and Countervailing Duties'' (December 27,
2017) (the Petition).
\2\ See Volume I of the Petition, at 3 and Exhibit I-3.
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On January 2, 2018, Commerce requested supplemental information
pertaining to certain areas of the Petition.\3\ The petitioner filed
responses to these requests, including revised scope language, on
January 5, 2018.\4\
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\3\ See Letters from Commerce, to the petitioner, dated January
2, 2018.
\4\ See Letter from the petitioner, ``Certain Plastic Decorative
Ribbon from the People's Republic of China: Response to Commerce's
January 2, 2018 Supplemental Questions Regarding Volumes I and III
of the Petition for the Imposition of Antidumping and Countervailing
Duties'' dated January 4, 2018 (General Issues and China CVD
Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to imports of plastic decorative
ribbon from China and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing plastic
decorative ribbon in the United States. Also, consistent with section
702(b)(1) of the Act, the Petition is accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed this Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the CVD investigation that the petitioner is
requesting.\5\
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\5\ See the ``Determination of Industry Support for the
Petitions'' section, below.
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Period of Investigation
Because the Petition was filed on December 27, 2017, the period of
investigation for this investigation is January 1, 2016, through
December 31, 2016.
Scope of the Investigation
The products covered by this investigation are plastic decorative
ribbon from China. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' in the Appendix
to this notice.
Comments on Scope of the Investigation
During our review of the Petition, Commerce issued questions to,
and received responses from, the petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition would be an
accurate reflection of the products for which the domestic industry is
seeking relief.\6\
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\6\ See Volume I of the Petition at 5-6; see also General Issues
and China CVD Supplement at Exhibit COM-Supp-2.
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As discussed in the preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\7\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\8\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaire, Commerce requests all
interested parties to submit such comments by 5:00 p.m. Eastern Time
(ET) on Monday, February 5, 2018, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on Thursday,
February 15, 2018, which is 10 calendar days from the initial comments
deadline.\9\
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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\8\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\9\ See 19 CFR 351.303(b).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the
[[Page 3115]]
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional nformation. All such
comments must be filed on the records of each of the concurrent AD and
CVD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\10\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOC of the receipt of the Petition, and
provided them the opportunity for consultations with respect to the
Petition.\11\ The GOC did not request consultations.
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\11\ See Letter to the Embassy of China, ``Countervailing Duty
Petition on Certain Plastic Decorative Ribbon from the People's
Republic of China: Invitation for Consultations to Discuss the
Countervailing Duty Petition'' (December 29, 2017); see also
Memorandum from Maliha Khan, International Trade Compliance Analyst,
AD/CVD Operations, Office IV, Enforcement and Compliance to the
File, ``Contact with the Embassy of the People's Republic of China
Regarding Possible Consultations,'' dated January 12, 2018.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation. Based on our analysis of the information
submitted on the record, we have determined that plastic decorative
ribbon, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\14\
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\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Certain
Plastic Decorative Ribbon from the People's Republic of China (China
CVD Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Certain Plastic Decorative Ribbon from the People's
Republic of China (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' the Appendix to this
notice. The petitioner provided its own 2016 production of the domestic
like product, and compared this to the estimated total production of
the domestic like product for the entire domestic industry.\15\ We
relied on data the petitioner provided for purposes of measuring
industry support.\16\
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\15\ See Volume I of the Petition, at 3 and Exhibit I-3; see
also General Issues and China CVD Supplement, at 4.
\16\ Id. For further discussion, see China CVD Initiation
Checklist, at Attachment II.
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Our review of the data provided in the Petition, General Issues and
China CVD Supplement, and other information readily available to
Commerce indicates that the petitioner has established industry support
for the Petition.\17\ First, the Petition established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\18\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petition account for at least 25 percent of
the total production of the domestic like product.\19\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
[[Page 3116]]
produced by that portion of the industry expressing support for, or
opposition to, the Petition.\20\ Accordingly, Commerce determines that
the Petition was filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.
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\17\ See China CVD Initiation Checklist, at Attachment II.
\18\ See section 702(c)(4)(D) of the Act; see also China CVD
Initiation Checklist, at Attachment II.
\19\ See China CVD Initiation Checklist, at Attachment II.
\20\ Id.
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Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because it is an interested party as defined in
section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the CVD investigation that it is
requesting that Commerce initiate.\21\
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\21\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\22\
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\22\ See Volume I of the Petition, at 13 and Exhibit I-7; see
also General Issues and China CVD Supplement, at 4-5 and Exhibit
COM-Supp-3.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; and a negative impact on the domestic
industry's performance.\23\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\24\
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\23\ See Volume I of the Petition, at 12-13, 20-35, and Exhibits
I-7, I-9, and I-10; see also General Issues and China CVD
Supplement, at 4-5 and Exhibits COM-Supp-3 and COM-Supp-4.
\24\ See China CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Plastic Decorative Ribbon from the People's
Republic of China (Attachment III).
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Initiation of CVD Investigation
Based on the examination of the Petition, we find that the Petition
meets the requirements of section 702 of the Act. Therefore, we are
initiating a CVD investigation to determine whether imports of plastic
decorative ribbon from China benefit from countervailable subsidies
conferred by the GOC. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\25\ The 2015 law does not
specify dates of application for those amendments. On August 6, 2015,
Commerce published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\26\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\27\
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\25\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\26\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\27\ See Applicability Notice, 80 FR at 46794-95.
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Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 24 alleged
programs. For a full discussion of the basis for our decision to
initiate on each program, see the CVD Initiation Checklist. A public
version of the initiation checklist for this investigation is available
on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The petitioner named 51 producers/exporters of plastic decorative
ribbon from China.\28\ Commerce intends to follow its standard practice
in CVD investigations and calculate company-specific subsidy rates in
this investigation. In the event Commerce determines that the number of
companies is large and it cannot individually examine each company,
where appropriate, Commerce intends to select mandatory respondents
based on U.S. Customs and Border Protection (CBP) data for U.S. imports
of plastic decorative ribbon from China during the POI under the
appropriate Harmonized Tariff Schedule of the United States numbers
listed in the ``Scope of the Investigation,'' in the Appendix.
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\28\ See Volume I of the Petition at Exhibit I-6.
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On January 17, 2018, Commerce plans to release CBP data under APO
to all parties with access to information protected by APO. Interested
parties wishing to comment regarding the CBP data and respondent
selection must do so within three business days of the publication date
of the notice of initiation of this CVD investigation. Commerce will
not accept rebuttal comments regarding the CBP data or respondent
selection.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at http://enforcement.trade.gov/apo.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of plastic decorative ribbon from China are
materially injuring or threatening material injury to a U.S.
industry.\29\ A negative ITC determination will result in the
investigation being terminated.\30\ Otherwise, the investigation will
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proceed according to statutory and regulatory time limits.
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\29\ See section 703(a) of the Act.
\30\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
and,\31\ if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\32\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\31\ See 19 CFR 351.301(b).
\32\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\33\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives.\34\ Investigations initiated on the basis of Petition
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided in 19 CFR 351.303(g).
Commerce intends to reject factual submissions if the submitting party
does not comply with applicable revised certification requirements.
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\33\ See section 782(b) of the Act.
\34\ See Certification of Factual Information to Import
Administration during Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: January 16, 2018.
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.
Appendix--Scope of the Investigation
The merchandise covered by this investigation is certain plastic
decorative ribbon having a width (measured at the narrowest span of
the ribbon) of less than or equal to four (4) inches in actual
measurement, including but not limited to ribbon wound onto itself;
a spool, a core or a tube (with or without flanges); attached to a
card or strip; wound into a keg- or egg-shaped configuration; made
into bows, bow-like items, or other shapes or configurations; and
whether or not packaged or labeled for retail sale. The subject
merchandise is typically made of substrates of polypropylene, but
may be made in whole or in part of any type of plastic, including
without limitation, plastic derived from petroleum products and
plastic derived from cellulose products. Unless the context
otherwise clearly indicates, the word ``ribbon'' used in the
singular includes the plural and the plural ``ribbons'' includes the
singular.
The subject merchandise includes ribbons comprised of one or
more layers of substrates made, in whole or in part, of plastics
adhered to each other, regardless of the method used to adhere the
layers together, including without limitation, ribbons comprised of
layers of substrates adhered to each other through a lamination
process. Subject merchandise also includes ribbons comprised of (a)
one or more layers of substrates made, in whole or in part, of
plastics adhered to (b) one or more layers of substrates made, in
whole or in part, of non-plastic materials, including, without
limitation, substrates made, in whole or in part, of fabric.
The ribbons subject to this investigation may be of any color or
combination of colors (including without limitation, ribbons that
are transparent, translucent or opaque) and may or may not bear
words or images, including without limitation, those of a holiday
motif. The subject merchandise includes ribbons with embellishments
and/or treatments, including, without limitation, ribbons that are
printed, hot-stamped, coated, laminated, flocked, crimped, die-cut,
embossed (or that otherwise have impressed designs, images, words or
patterns), and ribbons with holographic, metallic, glitter or
iridescent finishes.
Subject merchandise includes ``pull-bows,'' 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, and ``pre-notched''
bows, an assemblage of notched ribbon loops arranged one inside the
other with the notches in alignment and affixed to each other where
notched, and which the end user forms into a bow by separating and
spreading the loops circularly around the notches, which form the
center of the bow. Subject merchandise includes ribbons that are
packaged with non-subject merchandise, including ensembles that
include ribbons and other products, such as gift wrap, gift bags,
gift tags and/or other gift packaging products. The ribbons are
covered by the scope of this investigation; the ``other products''
(i.e., the other, non-subject merchandise included in the ensemble)
are not covered by the scope of this investigation.
Excluded from the scope of this investigation are the following:
(1) Ribbons formed exclusively by weaving plastic threads together;
(2) ribbons that have metal wire in, on, or along the entirety of
each of the longitudinal edges of the ribbon; (3) ribbons with an
adhesive coating covering
[[Page 3118]]
the entire span between the longitudinal edges of the ribbon for the
entire length of the ribbon; (4) ribbon formed into a bow without a
tab or other means for attaching the bow to an object using
adhesives, where the bow has: (a) An outer layer that is either
flocked or made of fabric, and (b) a flexible metal wire at the base
that is suitable for attaching the bow to a Christmas tree or other
object by twist-tying; (5) elastic ribbons, meaning ribbons that
elongate when stretched and return to their original dimension when
the stretching load is removed; (6) ribbons affixed 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; (7) ribbons that are (a) affixed to non-subject
merchandise as a working component of such non-subject merchandise,
such as where the ribbon comprises a 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; (8)
imitation raffia made of plastics having a thickness not more than
one (1) mil when measured in an unfolded/untwisted state; and (9)
ribbons in the form of bows having a diameter of less than seven-
eighths (\7/8\) of an inch, or having a diameter of more than 16
inches, based on actual measurement. For purposes of this exclusion,
the diameter of a bow is equal to the diameter of the smallest
circular ring through which the bow will pass without compressing
the bow.
Further, excluded from the scope of the antidumping duty order
are any products covered by the existing antidumping duty order on
polyethylene terephthalate film, sheet, and strip (PET Film) from
the People's Republic of China (China). See Polyethylene
Terephthalate Film, Sheet, and Strip from Brazil, the People's
Republic of China and the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of Sales at Less Than Fair
Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008).
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 3920.20.0015 and 3926.40.0010. Merchandise
covered by this investigation also may enter under subheadings
3920.10.0000; 3920.20.0055; 3920.30.0000; 3920.43.5000;
3920.49.0000; 3920.62.0050; 3920.62.0090; 3920.69.0000;
3921.90.1100; 3921.90.1500; 3921.90.1910; 3921.90.1950;
3921.90.4010; 3921.90.4090; 3926.90.9996; 5404.90.0000;
9505.90.4000; 4601.99.9000; 4602.90.0000; 5609.00.3000;
5609.00.4000; and 6307.90.9889. These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope of this investigation is dispositive.
[FR Doc. 2018-01147 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P