Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary Determination of No Shipments and Rescission, in Part, of Antidumping Duty Administrative Review; 2018-2019
| Published date | 09 April 2020 |
| Citation | 85 FR 19922 |
| Record Number | 2020-07489 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 85 Issue 69 (Thursday, April 9, 2020)
[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19922-19925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07489]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-844]
Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary
Determination of No Shipments and Rescission, in Part, of 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
four companies made no shipments of subject merchandise. Further, we
are rescinding the review with respect to Maple Ribbon Co., Ltd. (Maple
Ribbon). Interested parties are invited to comment on these preliminary
results.
DATES: Applicable April 9, 2020.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer or David Crespo, 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) 482-3860 or (202) 482-3693,
respectively.
SUPPLEMENTARY INFORMATION:
[[Page 19923]]
Background
On September 3, 2019, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty (AD) order on narrow woven ribbons with woven selvedge
(NWR) from Taiwan for the September 1, 2018 through August 31, 2019
period of review (POR).\1\ On September 25, 2019, Commerce received a
timely request, in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act), from Berwick Offray LLC and its wholly-
owned subsidiary Lion Ribbon Company, LLC (the petitioner) to conduct
an administrative review of the AD order on NWR from Taiwan
manufactured and/or exported by five companies: Banduoo Ltd. (Banduoo),
Fujian Rongshu Industry Co., Ltd. (Fujian Rongshu), Maple Ribbon, Roung
Shu Industry Corporation (Roung Shu), and Xiamen Yi-He Textile Co.,
Ltd. (Xiamen Yi-He).\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 45949 (September 3, 2019).
\2\ See Petitioner's Letter, ``Narrow Woven Ribbons with Woven
Selvedge from Taiwan/Petitioner's Request for Administrative
Review,'' dated September 25, 2019.
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In November 2019, Commerce published in the Federal Register a
notice of initiation of an administrative review of the AD order on NWR
from Taiwan with respect to these five companies.\3\ Also in November
2019, we received timely submissions from Banduoo, Fujian Rongshu,
Roung Shu, and Xiamen Yi-He notifying Commerce that they did not export
or sell subject merchandise to the United States during the POR.\4\
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019).
\4\ See Banduoo's Letter, ``Narrow Woven Ribbons with Woven
Selvedge from Taiwan: No Shipment Letter,'' dated November 22, 2019
(Banduoo No Shipment Letter); Fujian Rongshu's Letter, ``Narrow
Woven Ribbons with Woven Selvedge from Taiwan: No Shipment Letter,''
dated November 22, 2019 (Fujian Rongshu No Shipment Letter); Roung
Shu's Letter, ``Narrow Woven Ribbons with Woven Selvedge from
Taiwan: No Shipment Letter,'' dated November 22, 2019 (Roung Shu No
Shipment Letter); and Xiamen Yi-He's Letter, ``Narrow Woven Ribbons
with Woven Selvedge from Taiwan: No Shipment Letter,'' dated
November 22, 2019 (Xiamen Yi-He No Shipment Letter).
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In March 2020, we confirmed Banduoo's, Fujian Roung Shu's, Roung
Shu's, and Xiamen Yi-He's no shipment claims with U.S. Customs and
Border Protection (CBP).\5\ In December 2019, we selected Maple Ribbon
as a mandatory respondent in this review and issued an AD questionnaire
to it.\6\ However, in January 2020, the petitioner timely withdrew its
request for an administrative review with respect to Maple Ribbon.\7\
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\5\ See Memorandum, ``Narrow woven ribbons with woven selvedge
from Taiwan (A-583-844),'' dated March 12, 2020 (No Shipments
Inquiry Response).
\6\ See Memorandum, ``Respondent Selection,'' dated December 11,
2019; and Commerce's Letter, ``Antidumping Duty Questionnaire,''
dated December 11, 2019.
\7\ See Petitioner's Letter, ``Narrow Woven Ribbons with Woven
Selvedge from Taiwan/Petitioner's Withdrawal Of Request For
Administrative Review Of Maple Ribbon Co., Ltd.,'' dated January 22,
2020 (Petitioner Withdrawal Request).
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Scope of the Order
The scope of this order covers narrow woven ribbons with woven
selvedge, in any length, but with a width (measured at the narrowest
span of the ribbon) less than or equal to 12 centimeters, composed of,
in whole or in part, man-made fibers (whether artificial or synthetic,
including but not limited to nylon, polyester, rayon, polypropylene,
and polyethylene teraphthalate), metal threads and/or metalized yarns,
or any combination thereof. Narrow woven ribbons subject to the order
may:
Also include natural or other non-man-made fibers;
be of any color, style, pattern, or weave construction,
including but not limited to single faced satin, double-faced satin,
grosgrain, sheer, taffeta, twill, jacquard, or a combination of two or
more colors, styles, patterns, and/or weave constructions;
have been subjected to, or composed of materials that have
been subjected to, various treatments, including but not limited to
dyeing, printing, foil stamping, embossing, flocking, coating, and/or
sizing;
have embellishments, including but not limited to
appliqu[eacute], fringes, embroidery, buttons, glitter, sequins,
laminates, and/or adhesive backing;
have wire and/or monofilament in, on, or along the
longitudinal edges of the ribbon;
have ends of any shape or dimension, including but not
limited to straight ends that are perpendicular to the longitudinal
edges of the ribbon, tapered ends, flared ends or shaped ends, and the
ends of such woven ribbons may or may not be hemmed;
have longitudinal edges that are straight or of any shape,
and the longitudinal edges of such woven ribbon may or may not be
parallel to each other;
consist of such ribbons affixed to like ribbon and/or cut-
edge woven ribbon, a configuration also known as an ``ornamental
trimming'';
be wound on spools; attached to a card; hanked (i.e.,
coiled or bundled); packaged in boxes, trays or bags; or configured as
skeins, balls, bateaus or folds; and/or
be included within a kit or set such as when packaged with
other products, including but not limited to gift bags, gift boxes and/
or other types of ribbon.
Narrow woven ribbons subject to the order include all narrow woven
fabrics, tapes, and labels that fall within this written description of
the scope of this AD order.
Excluded from the scope of the order are the following:
(1) Formed bows composed of narrow woven ribbons with woven
selvedge;
(2) ``pull-bows'' (i.e., 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) composed of narrow woven ribbons;
(3) narrow woven ribbons comprised at least 20 percent by weight of
elastomeric yarn (i.e., filament yarn, including monofilament, of
synthetic textile material, other than textured yarn, which does not
break on being extended to three times its original length and which
returns, after being extended to twice its original length, within a
period of five minutes, to a length not greater than one and a half
times its original length as defined in the Harmonized Tariff Schedule
of the United States (HTSUS), Section XI, Note 13) or rubber thread;
(4) narrow woven ribbons of a kind used for the manufacture of
typewriter or printer ribbons;
(5) narrow woven labels and apparel tapes, cut-to-length or cut-to-
shape, having a length (when measured across the longest edge-to-edge
span) not exceeding eight centimeters;
(6) narrow woven ribbons with woven selvedge attached to and
forming the handle of a gift bag;
(7) cut-edge narrow woven ribbons formed by cutting broad woven
fabric into strips of ribbon, with or without treatments to prevent the
longitudinal edges of the ribbon from fraying (such as by merrowing,
lamination, sono-bonding, fusing, gumming or waxing), and with or
without wire running lengthwise along the longitudinal edges of the
ribbon;
(8) narrow woven ribbons comprised at least 85 percent by weight of
threads having a denier of 225 or higher;
(9) narrow woven ribbons constructed from pile fabrics (i.e.,
fabrics with a surface effect formed by tufts or loops of yarn that
stand up from the body of the fabric);
(10) narrow woven ribbon affixed (including by tying) as a
decorative
[[Page 19924]]
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;
(11) narrow woven ribbon that is (a) affixed to non-subject
merchandise as a working component of such non-subject merchandise,
such as where narrow woven ribbon comprises an apparel trimming, 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;
(12) narrow woven ribbon(s) comprising a belt attached to and
imported with an item of wearing apparel, whether or not such belt is
removable from such item of wearing apparel; and
(13) narrow woven ribbon(s) included with non-subject merchandise
in kits, such as a holiday ornament craft kit or a scrapbook kit, in
which the individual lengths of narrow woven ribbon(s) included in the
kit are each no greater than eight inches, the aggregate amount of
narrow woven ribbon(s) included in the kit does not exceed 48 linear
inches, none of the narrow woven ribbon(s) included in the kit is on a
spool, and the narrow woven ribbon(s) is only one of multiple items
included in the kit.
The merchandise subject to this order is classifiable under the
HTSUS statistical categories 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. The HTSUS statistical categories and subheadings are
provided for convenience and customs purposes; however, the written
description of the merchandise covered by this order is dispositive.
Preliminary Determination of No Shipments
Because Banduoo, Fujian Rongshu, Roung Shu, and Xiamen Yi-He timely
filed statements reporting that they made no shipments of subject
merchandise to the United States during the POR,\8\ and we were able to
confirm these claims with CBP,\9\ we preliminarily determine that these
four companies had no shipments during the POR.
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\8\ See Banduoo No Shipment Letter; Fujian Rongshu No Shipment
Letter; Roung Shu No Shipment Letter; and Xiamen Yi-He No Shipment
Letter.
\9\ See No Shipments Inquiry Response.
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Consistent with our practice, we are not preliminarily rescinding
the review with respect to Banduoo, Fujian Rongshu, Roung Shu, and
Xiamen Yi-He but, rather, we will complete the review with respect to
these companies and issue appropriate instructions to CBP based on the
final results of this review.\10\
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\10\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
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Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. The
petitioner's withdrawal of its request with respect to Maple Ribbon was
submitted within the 90-day period, and thus is timely.\11\ Because the
petitioner's withdrawal of its request with respect to Maple Ribbon for
an AD administrative review is timely, and because no other party
requested a review of this company, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review, in part,
with respect to Maple Ribbon.
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\11\ See Petitioner Withdrawal Request.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of this notice.\12\ Rebuttal briefs,
limited to issues raised in the case briefs, may be submitted no later
than seven days after the deadline date for case briefs.\13\ Pursuant
to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Case and rebuttal briefs
should be filed electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) and must be received successfully in its entirety by
5:00 p.m. Eastern Time by ACCESS.\14\ ACCESS is available to registered
users at https://access.trade.gov, and to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\15\
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\12\ See 19 CFR 351.309(c).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\14\ See 19 CFR 351.303.
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\16\
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\16\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates
With respect to Maple Ribbon, Commerce will instruct CBP to assess
antidumping duties at the cash deposit rate in effect on the date of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). We intend to issue liquidation
instructions to CBP 15 days after publication of this notice.
Further, if we continue to find, in the final results, that
Banduoo, Fujian Rongshu, Roung Shu, and Xiamen Yi-He
[[Page 19925]]
had no shipments of subject merchandise during the POR, we will
instruct CBP to liquidate any suspended entries that entered under
their AD case numbers (i.e., at that exporter's rate), or at the all-
others rate, if there is no rate for the intermediate company(ies)
involved in the transaction. We intend to issue liquidation
instructions for Banduoo, Fujian Rongshu, Roung Shu, and Xiamen Yi-He
to CBP 15 days after publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) For merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published from the most
recently completed segment; (2) if the exporter is not a firm covered
in this review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment for the manufacturer of the merchandise; and
(3) the cash deposit rate for all other manufacturers or exporters will
continue to be 4.37 percent, the all-others rate determined in the
less-than-fair-value investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Narrow Woven Ribbons With Woven Selvedge from Taiwan
and the People's Republic of China: Amended Antidumping Duty Orders,
75 FR 56982, 56985 (September 17, 2010).
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Notification to Importers
This notice also serves as a preliminary 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as a preliminary 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 the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: April 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-07489 Filed 4-8-20; 8:45 am]
BILLING CODE 3510-DS-P
