[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45215-45217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19336]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-076]


Certain Plastic Decorative Ribbon From the People's Republic of 
China: Amended Preliminary Affirmative Countervailing Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 22, 2018, the Department of Commerce (Commerce) 
published in the Federal Register the preliminary determination of the 
countervailing duty (CVD) investigation on certain plastic decorative 
ribbon (plastic ribbon) from the People's Republic of China (China). 
Commerce is amending the scope of the preliminary determination.

DATES: Applicable September 6, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION: On June 22, 2018, Commerce published in the 
Federal Register the preliminary determination of the CVD investigation 
of plastic ribbon.\1\ On August 2, 2018, Commerce placed on the record 
of this investigation a preliminary decision memorandum addressing all 
comments received in this proceeding and the companion antidumping 
proceeding regarding the scope of the investigations.\2\ In accordance 
with the comments discussed in the memorandum, we made certain changes 
to the scope of these investigations. The changes include a revision to 
part b) of clause 4 in paragraph 5, and the exclusion of certain 
shredded plastic film or shredded plastic strip from the 
investigations. The revised scope is printed in its entirety below.
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    \1\ Certain Plastic Decorative Ribbon from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination with Final Antidumping Duty 
Determination, 83 FR 29096 (June 22, 2018) (Preliminary CVD 
Determination).
    \2\ See Scope Comments Preliminary Decision Memorandum, dated 
July 30, 2018.
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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

[[Page 45216]]

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 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 
which permits attachment to an 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.
    The scope of the investigation is not intended to include shredded 
plastic film or shredded plastic strip, in each case where the shred 
does not exceed 5 mm in width and does not exceed 18 inches in length, 
imported in bags.
    Further, excluded from the scope of the antidumping duty 
investigation 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.

Suspension of Liquidation

    Pursuant to the Preliminary CVD Determination, Commerce previously 
suspended liquidation of certain plastic decorative ribbon from China 
entered, or withdrawn from warehouse, for consumption on or after June 
22, 2018 (the publication of the Preliminary CVD Determination in the 
Federal Register). Commerce will now instruct Customs and Border 
Protection (CBP) to suspend liquidation of certain plastic decorative 
ribbon from China, as defined by the revised scope language included 
above, entered, or withdrawn from warehouse, for consumption on or 
after the publication of this amended preliminary determination in the 
Federal Register. Commerce will also instruct CBP to lift suspension of 
certain shredded plastic film or shredded plastic strip, as defined 
above, now excluded from the investigation.

Public Comment

    Commerce has previously set August 13, 2018, as the deadline for 
case briefs and August 20, 2018 as the deadline for rebuttal briefs 
regarding the CVD preliminary determination.\3\ Commerce has set a 
separate deadline for scope comments for both the antidumping and CVD 
proceedings.\4\ The current deadline for case briefs regarding scope 
issues is August 30, 2018, and the current deadline for rebuttal briefs 
regarding scope issues is September 4, 2018. 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.
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    \3\ See Memorandum from Kaitlin Wojnar, ``Countervailing Duty 
Investigation of Plastic Decorative Ribbon from the People's 
Republic of China: Extension of Briefing Schedule and Clarification 
Regarding Scope Issues,'' dated July 24, 2018.
    \4\ See Scope Comments Preliminary Decision Memorandum at 5.
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International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its amended preliminary 
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 to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.


[[Page 45217]]


    Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-19336 Filed 9-5-18; 8:45 am]
 BILLING CODE 3510-DS-P