Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices 39983 

3See Certain Uncoated Paper from Portugal: 

Final Determination of Sales at Less than Fair 

Value and Final Negative Determination of Critical 

Circumstances, 81 FR 3105 (January 20, 2016). 

A list of the issues that parties raised 

and to which we responded is attached 

to this notice as an Appendix. The 

Issues and Decision Memorandum is a 

public document and is on-file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov and in the 

Central Records Unit (CRU), room 

B8024 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://

enforcement.trade.gov/frn/index.html. 

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 a review of the record and 

comments received from interested 

parties, we have recalculated The 

Navigator Company, S.A.’s (Navigator) 

weighted-average dumping margin 

using facts otherwise available for 

Navigator’s home market bonus 

discounts and facts otherwise available 

with an adverse inference for certain of 

Navigator’s U.S. brokerage and handling 

expenses. For further discussion, see the 

Issues and Decision Memorandum. 

Final Results of the Review 

We determine that, for the period of 

March 1, 2016, through February 28, 

2017, the following weighted-average 

dumping margin exists: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

The Navigator Company, S.A. ... 37.34 

Duty Assessment 

Commerce shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. 

In accordance with Commerce’s 

‘‘automatic assessment’’ practice, for 

entries of subject merchandise during 

the POR produced by Sidenor for which 

it did not know that the merchandise 

was destined for the United States, we 

will instruct CBP to liquidate those 

entries at the all-others rate if there is no 

rate for the intermediate company(ies) 

involved in the transaction. 

We intend to issue instructions to 

CBP 15 days after the publication date 

of the final results of this review. 

Cash Deposit Requirements 

The following cash 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 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for Navigator will 

be the rate established in the final 

results of this administrative review; (2) 

for merchandise exported by producers 

or exporters not covered in this 

administrative review but covered in a 

prior segment of the proceeding, the 

cash deposit rate will continue to be the 

company-specific rate published for the 

most recently completed segment of this 

proceeding; (3) if the exporter is not a 

firm covered in this review, a prior 

review, or the original investigation, but 

the producer is, the cash deposit rate 

will be the rate established for the most 

recently completed segment of this 

proceeding for the producer of the 

subject merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 7.80 

percent, the all-others rate established 

in the investigation.3 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also 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 POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping and/or countervailing 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 the terms of an APO is a 

sanctionable violation. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.213(h). 

Dated: August 6, 2018. 

James Maeder, 

Associate Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, performing the duties of Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations. 

Appendix 

List of Topics Discussed in the Final 

Decision Memorandum 

I. Summary 

II. List of Comments 

III. Background 

IV. Scope of the Order 

V. Use of Facts Otherwise Available and 

Adverse Inferences 

VI. Discussion of Comments 

Comment 1: Commerce’s Liquidation 

Instructions 

Comment 2: Navigator’s Allocated U.S. 

Brokerage and Handling 

Comment 3: Navigator’s Home Market 

Bonus Discounts 

Comment 4: Navigator’s Reporting of Home 

Market Indirect Selling Expenses 

VII. Recommendation 

[FR Doc. 2018–17294 Filed 8–10–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–552–824] 

Laminated Woven Sacks From the 

Socialist Republic of Vietnam: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

laminated woven sacks (LWS) from the 

Socialist Republic of Vietnam 

(Vietnam). The period of investigation is 

January 1, 2017, through December 31, 

2017. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable August 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Martin or Ariela Garvett, AD/ 


sradovich on DSK3GMQ082PROD with NOTICES
39984 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices 

1See Laminated Woven Sacks from the Socialist 

Republic of Vietnam: Initiation of Countervailing 

Duty Investigation, 83 FR 14253 (April 3, 2018) 

(Initiation Notice). 

2See Countervailing Duty Investigation of 

Laminated Woven Sacks from the Socialist Republic 

of Vietnam: Postponement of Preliminary 

Determination, 83 FR 22953 (May 17, 2018). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination: 

Countervailing Duty Investigation of Laminated 

Woven Sacks from the Socialist Republic of 

Vietnam,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

4See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

5See Letter from the petitioners, ‘‘Investigation of 

Laminated Woven Sacks from the Socialist 

Republic of Vietnam: Petitioners’ Alignment 

Request,’’ dated July 13, 2018. 

6See Laminated Woven Sacks from the Socialist 

Republic of Vietnam: Postponement of Preliminary 

Determination in the Less-Than-Fair-Value 

Investigation, 83 FR 36876 (July 31, 2018). 

7With two respondents under examination, 

Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sale quantities for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. See, e.g., Ball 

Bearings and Parts Thereof from France, Germany, 

Italy, Japan, and the United Kingdom: Final Results 

of Antidumping Duty Administrative Reviews, Final 

Results of Changed-Circumstances Review, and 

Revocation of an Order in Part, 75 FR 53661, 53663 

(September 1, 2010). As complete publicly ranged 

sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the 

mandatory respondents. For a complete analysis of 

the data, please see the All-Others’ Rate Calculation 

Memorandum. 

CVD Operations, Office IV, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

202–482–3936 or 202–482–3609, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 3, 2018.1 On May 17, 2018, 

Commerce published its postponement 

of the deadline for the preliminary 

determination of the investigation for 

the full 130 days permitted under 

section 703(c)(1)(A) of the Act and 19 

CFR 351.205(b)(2) until August 6, 2018.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping (AD) and Countervailing 

Duty (CVD) Centralized Electronic 

Service System (ACCESS). ACCESS is 

available to registered users at http://

access.trade.gov, and is available to all 

parties in the Central Records Unit, 

Room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The products covered by this 

investigation are laminated woven sacks 

from Vietnam. For a complete 

description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations, we set aside a 

period of time in our Initiation Notice 

for parties to raise issues regarding 

product coverage and encouraged all 

parties to submit comments within 20 

calendar days of the signature date of 

that notice. We received several 

comments concerning the scope of the 

AD and CVD investigations of LWS from 

Vietnam. 

We are currently evaluating the scope 

comments filed by interested parties. 

We intend to issue our preliminary 

decision regarding the scope of the AD 

and CVD investigations in the 

preliminary determination of the 

companion AD investigation, which is 

due for signature on October 3, 2018. 

We will incorporate the scope decisions 

from the AD investigation into the scope 

of the final CVD determination after 

considering any relevant comments 

submitted in case and rebuttal briefs. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, we 

preliminarily determine that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that confers a benefit on 

the recipient, and that the subsidy is 

specific.4 For a full description of the 

methodology underlying our 

preliminary conclusions, see the 

Preliminary Decision Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final CVD determination in this 

investigation with the final 

determination in the companion AD 

investigation of LWS from Vietnam, 

based on a request made by Laminated 

Woven Sacks Fair Trade Coalition (the 

Coalition) and its individual members 

Polytex Fibers Corporation and 

ProAmpac Holdings Inc., (the 

petitioners).5 Consequently, the final 

CVD determination will be issued on 

the same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

December 17, 2018.6

All-Others Rate and Preliminary 

Determination 

With respect to the all-others rate, 

section 705(c)(5)(A) of the Act provides 

that if the countervailable subsidy rates 

established for all exporters and 

producers individually investigated are 

determined entirely in accordance with 

section 776 of the Act, Commerce may 

use any reasonable method to establish 

an all-others rate for exporters and 

producers not individually investigated. 

In this investigation, Commerce 

calculated individual estimated 

countervailable subsidy rates for Duong 

Vinh Hoa Packaging Company Ltd 

(DVH) and Xinsheng Plastic Industry Co 

Ltd (Xinsheng) that are not zero, de 

minimis, or based entirely on facts 

otherwise available. Commerce 

calculated the all-others rate using a 

weighted average of the individual 

estimated subsidy rates calculated for 

the examined respondents using each 

company’s publicly-ranged values for 

the merchandise under consideration.7

Commerce summarizes its 

preliminary countervailable subsidy 

rates in the table below: 

Producer/exporter Subsidy rate 

(percent) 

Duong Vinh Hoa Packaging 

Company Limited .............. 3.24 

Xinsheng Plastic Industry 

Co., Ltd. ............................ 6.15 

All-Others .............................. 5.19 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices 39985 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

Border Protection (CBP) to suspend 

liquidation of all entries of LWS from 

Vietnam as described in the scope of the 

investigation entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of this 

notice in the Federal Register. Further, 

pursuant to 19 CFR 351.205(d), 

Commerce will instruct CBP to require 

a cash deposit equal to the rates 

indicated above. 

Public Comment 

Interested parties may submit case 

and rebuttal briefs, as well as request a 

hearing. Case briefs or other written 

comments may be submitted to the 

Assistant Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.8

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. 

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. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its determination. If Commerce’s final 

determination is affirmative, the ITC 

will make its final determination before 

the later of 120 days after the date of this 

preliminary determination or 45 days 

after Commerce’s final determination. 

Notification Regarding Administrative 

Protective Orders 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction 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 violation which is subject to 

sanction. 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: August 6, 2018. 

James Maeder, 

Associate Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations performing the duties of the 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is laminated woven sacks. 

Laminated woven sacks are bags consisting of 

one or more plies of fabric consisting of 

woven polypropylene strip and/or woven 

polyethylene strip, regardless of the width of 

the strip; with or without an extrusion 

coating of polypropylene and/or 

polyethylene on one or both sides of the 

fabric; laminated by any method either to an 

exterior ply of plastic film such as biaxiallyoriented polypropylene (BOPP), polyester 

(PET), polyethylene (PE), nylon, or any film 

suitable for printing, or to an exterior ply of 

paper; printed; displaying, containing, or 

comprising three or more visible colors (e.g., 

laminated woven sacks printed with three 

different shades of blue would be covered by 

the scope), not including the color of the 

woven fabric; regardless of the type of 

printing process used; with or without lining; 

with or without handles; with or without 

special closing features (including, but not 

limited to, closures that are sewn, glued, 

easy-open (e.g., tape or thread), re-closable 

(e.g., slider, hook and loop, zipper), hotwelded, adhesive-welded, or press-to-close); 

whether finished or unfinished (e.g., whether 

or not closed on one end and whether or not 

in roll form, including, but not limited to, 

sheets, lay-flat, or formed in tubes); not 

exceeding one kilogram in actual weight. 

Laminated woven sacks produced in the 

Socialist Republic of Vietnam are subject to 

the scope regardless of the country of origin 

of the fabric used to make the sack. 

Subject laminated woven sacks are 

currently classifiable under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheading 6305.33.0040. If entered with 

plastic coating on both sides of the fabric 

consisting of woven polypropylene strip and/ 

or woven polyethylene strip, laminated 

woven sacks may be classifiable under 

HTSUS subheadings 3923.21.0080, 

3923.21.0095, and 3923.29.0000. If entered 

not closed on one end or in roll form 

(including, but not limited to, sheets, lay-flat 

tubing, and sleeves), laminated woven sacks 

may be classifiable under other HTSUS 

subheadings, including 3917.39.0050, 

3921.90.1100, 3921.90.1500, and 

5903.90.2500. If the polypropylene strips 

and/or polyethylene strips making up the 

fabric measure more than 5 millimeters in 

width, laminated woven sacks may be 

classifiable under other HTSUS subheadings 

including 4601.99.0500, 4601.99.9000, and 

4602.90.0000. Although HTSUS subheadings 

are provided for convenience and customs 

purposes, the written description of the 

scope is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Alignment 

VI. Injury Test 

VII. Application of the CVD Law to Imports 

from Vietnam 

VIII. Subsidies Valuation 

IX. Analysis of Programs 

X. Calculation of the All-Others Rate 

XI. ITC Notification 

XII. Recommendation 

[FR Doc. 2018–17287 Filed 8–10–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

University of Pittsburgh of the 

Commonwealth System of Higher 

Education, et al.: Notice of Decision on 

Application for Duty-Free Entry of 

Scientific Instruments 

This is a decision pursuant to Section 

6(c) of the Educational, Scientific, and 

Cultural Materials Importation Act of 

1966 (Pub. L. 89–651, as amended by 

Pub. L. 106–36; 80 Stat. 897; 15 CFR 

part 301). Related records can be viewed 

between 8:30 a.m. and 5:00 p.m. in 

Room 3720, U.S. Department of 

Commerce, 14th and Constitution Ave. 

NW, Washington, DC. 

Docket Number: 17–017. Applicant: 

University of Pittsburgh of the 

Commonwealth System of Higher 

Education, Pittsburgh, PA 15260. 

Instrument: Photonic Professional GT 

System. Manufacturer: Nano scribe, 

Germany. Intended Use: See notice at 83 

FR 31120, July 3, 2018. Comments: 


sradovich on DSK3GMQ082PROD with NOTICES