[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4774-4776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02783]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-069, C-570-070]
Rubber Bands From the People's Republic of China: Antidumping
Duty 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 International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on rubber bands from the People's Republic of China (China).
DATES: Applicable February 19, 2019.
FOR FURTHER INFORMATION CONTACT: Stephanie Berger at (202) 482-2483
(AD) and Kristen Johnson at 202-482-4793 (CVD), AD/CVD Operations,
Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on November 20, 2018, Commerce published
its affirmative final determination of sales at less than fair value
(LTFV) and its affirmative final determination that countervailable
subsidies are being provided to producers and exporters of rubber bands
from China.\1\ On February 11, 2019, 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 rubber bands from China, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\ The ITC also
notified Commerce of its negative findings concerning critical
circumstances with regard to imports of this product from China.\3\
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\1\ See Rubber Bands from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 58547
(November 20, 2018) (AD China Rubber Bands Final); and Rubber Bands
from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 83 FR 58538 (November 20, 2018)
(CVD China Rubber Bands Final).
\2\ See Letter to the Honorable Gary Taverman, Acting Assistance
Secretary of Commerce for Enforcement and Compliance, from David S.
Johanson, Chairman of the ITC, regarding ``Notification of ITC Final
Determinations,'' dated January 7, 2019 (Filed in ACCESS on February
11, 2019) (ITC Notification); see also Rubber Bands from China,
Investigation Nos. 701-TA-598 and 731-TA-1408 (Final), (USITC
Publication 4863).
\3\ Id.
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Scope of the Orders
The products covered by these orders are rubber bands from China.
For a complete description of the scope of the orders, see the Appendix
to this notice.
AD Order
On February 11, 2019, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination 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 rubber bands
from China that are sold in the United States at LTFV. Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order. Because the ITC determined that imports of rubber bands 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.
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 rubber bands from China. Antidumping duties will be
assessed on unliquidated entries of rubber bands from China entered, or
withdrawn from warehouse, for consumption on or after September 6,
2018, the date of publication of the AD preliminary determination \4\
and before January 4, 2019. Section 733(d) of the Act states that the
suspension of liquidation pursuant to a preliminary determination may
not remain in effect for more than four months. Therefore, entries of
subject merchandise from China made on or after January 4, 2019, and
prior to the date of publication of the ITC's final determination in
the Federal Register are not liable for the assessment of antidumping
duties due to Commerce's discontinuation of the suspension of
liquidation.
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\4\ See Less-Than-Fair-Value Investigation of Rubber Bands from
the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 83 FR 45213
(September 6, 2018) (AD China Rubber Bands Prelim).
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Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
reinstitute the suspension of liquidation on entries of rubber bands
from China, effective on the date of publication in the Federal
Register of the ITC's final affirmative injury determination. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit
[[Page 4775]]
equal to the estimated weighted-average dumping margin listed below.
The estimated weighted-average dumping margin is as follows:
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Estimated
weighted- average Cash deposit rate
Producer Exporter dumping margin (percent)
(percent)
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China-Wide Entity.......................... China-Wide Entity............ 27.27 26.65
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of rubber bands from China, we will instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated antidumping duties with respect to entries of
rubber bands from China, entered, or withdrawn from warehouse, for
consumption on or after June 8, 2018 (i.e., 90 days prior to the date
of publication of the AD China Rubber Bands Prelim), but before
September 6, 2018 (i.e., the date of publication of the AD China Rubber
Bands Prelim).
CVD Order
On February 11, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination that the industry
in the United States producing rubber bands is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of rubber bands from China.\5\ Therefore, in
accordance with section 705(c)(2) of the Act, we are issuing this CVD
order.
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\5\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 706(a) of the Act. Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after July 9, 2018, the date on which
Commerce published the CVD China Rubber Bands Prelim in the Federal
Register,\6\ and before November 6, 2018, the effective date on which
Commerce instructed CBP to discontinue the suspension of liquidation in
accordance with section 703(d) of the Act. Section 703(d) of the Act
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than 120 days.
Therefore, entries of subject merchandise from China made on or after
November 6, 2018, and prior to the date of publication of the ITC's
final determination in the Federal Register are not subject to the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
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\6\ See Rubber Bands from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping
Determination, 83 FR 31729 (July 9, 2018) (CVD China Rubber Bands
Prelim).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective on the date of publication of the ITC's final
affirmative injury determination 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 rubber
bands in an amount based on the net countervailable subsidy rates for
the subject merchandise. On or after the date of publication of the
ITC's final injury determination in the Federal Register, Commerce will
instruct CBP to 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. The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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Subsidy rate
Company (percent)
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Graceful Imp. & Exp. Co., Ltd........................... 125.77
Moyoung Trading Co., Ltd................................ 125.77
Ningbo Syloon Imp & Exp Co., Ltd........................ 125.77
All-Others.............................................. 125.77
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of rubber bands from China, we will instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated countervailing duties with respect to entries
of rubber bands from China, entered, or withdrawn from warehouse, for
consumption on or after April 10, 2018 (i.e., 90 days prior to the date
of publication of the CVD China Rubber Bands Prelim), but before July
9, 2018 (i.e., the date of publication of the CVD China Rubber Bands
Prelim).\7\
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\7\ See Rubber Bands from the People's Republic of China:
Preliminary Affirmative Determination of Critical Circumstances, in
Part, in the Countervailing Duty Investigation, and Amendment to the
Scope of the Preliminary Determination in the Countervailing Duty
Investigation, 83 FR 45217 (September 6, 2018).
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
rubber bands 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: February 13, 2019.
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 Orders
The scope of the orders covers bands made of vulcanized rubber,
with a flat length, as actually measured end-to-end by the band
lying flat, no less than \1/2\ inch and no greater than 10 inches;
with a width, which measures the dimension perpendicular to the
length, actually of at least 3/64 inch and no greater than 2 inches;
and a wall thickness actually from 0.020 inch to 0.125 inch.
Vulcanized rubber has been chemically processed into a more durable
material by the addition of sulfur or other equivalent curatives or
accelerators. Subject products are included regardless of color or
inclusion of printed material on the rubber band's surface,
including but not limited to, rubber bands with printing on them,
such as a product name, advertising, or slogan, and printed material
(e.g., a tag) fastened to the rubber band by an adhesive or another
temporary type of connection. The scope includes vulcanized rubber
bands which are contained or otherwise exist in various forms and
packages, such as, without limitation,
[[Page 4776]]
vulcanized rubber bands included within a desk accessory set or
other type of set or package, and vulcanized rubber band balls. The
scope excludes products that consist of an elastomer loop and
durable tag all-in-one, and bands that are being used at the time of
import to fasten an imported product.
Excluded from the scope of the orders are vulcanized rubber
bands of various sizes with arrow shaped rubber protrusions from the
outer diameter that exceeds at the anchor point a wall thickness of
0.125 inches and where the protrusion is used to loop around, secure
and lock in place.
Excluded from the scope of the orders are yarn/fabric-covered
vulcanized rubber hair bands, regardless of size.
Merchandise covered by the orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 4016.99.3510. Merchandise covered by the scope may also
enter under HTSUS subheading 4016.99.6050. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the orders is dispositive.
[FR Doc. 2019-02783 Filed 2-15-19; 8:45 am]
BILLING CODE 3510-DS-P