[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3126-3131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01148]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-075]


Certain Plastic Decorative Ribbon From the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley at (202) 482-3148, 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 an antidumping duty (AD) 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 AD Petition was 
accompanied by a countervailing duty (CVD) 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, ``Certain 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\ On January 12, 2018, the petitioner filed a 
submission clarifying the scope language.\5\
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    \3\ See Letter from Commerce, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Plastic 
Decorative Ribbon from the People's Republic of China: Supplemental 
Questions'' dated January 2, 2018 (General Issues Supplemental 
Questions); see also Letter from Commerce, ``Petition for the 
Imposition of Antidumping Duties on Imports of Certain Plastic 
Decorative Ribbons from the People's Republic of China: Supplemental 
Questions'' dated January 2, 2018 (AD Supplemental Questions).
    \4\ See Letter from the petitioner, ``Certain Plastic Decorative 
Ribbon from the People's Republic of China: Response to the 
Department's January 2, 2018 Supplemental Questions Regarding 
Volumes I and II of the Petition for the Imposition of Antidumping 
and Countervailing Duties'' dated January 5, 2018 (General Issues 
and China AD Supplement).
    \5\ See Letter from the petitioner, ``Certain Plastic Decorative 
Ribbon from the People's Republic of China: Amendment to the 
Petition for the Imposition of Antidumping and Countervailing 
Duties'' dated January 12, 2018 (Scope Clarification).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of plastic 
decorative ribbon from China are being, or are likely to be, sold in 
the United States at less than fair value within the meaning of section 
731 of the Act, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing plastic 
decorative ribbon in the United States. Consistent with section 
732(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) and (F) of the Act. Commerce also finds 
that the petitioner demonstrated sufficient industry support with 
respect to the initiation of the AD investigation that the petitioner 
is requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petition'' section, below.
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Period of Investigation

    Because the Petition was filed on December 27, 2017, and China is a 
non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the 
POI for this investigation is April 1, 2017, through September 30, 
2017.

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.\7\
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    \7\ See General Issues Supplemental Questions and AD 
Supplemental Questions; see also General Issues and China AD 
Supplement, at 2-4 and Exhibit COM-Supp-2; and Scope Clarification.
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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).\8\ 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,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, 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.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ 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 investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the records of each of the concurrent AD and CVD investigations.

[[Page 3127]]

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).\11\ 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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    \11\ 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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Comments on Product Characteristics for AD Questionnaires

    Commerce will provide interested parties an opportunity to comment 
on the appropriate physical characteristics of plastic decorative 
ribbon to be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the merchandise under consideration in order to report the relevant 
costs of production accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe plastic decorative ribbon, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all product 
characteristics comments must be filed by 5:00 p.m. ET on February 5, 
2018. Any rebuttal comments must be filed by 5:00 p.m. ET on February 
15, 2018. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of the 
less-than-fair-value investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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 
Antidumping Duty Investigation Initiation Checklist: Certain Plastic 
Decorative Ribbon from the People's Republic of China (China AD 
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 
732(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,'' in 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 AD Supplement, at 4.
    \16\ Id. For further discussion, see China AD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, General Issues and 
China AD Supplement, and other information readily available to 
Commerce indicates

[[Page 3128]]

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 
732(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 732(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 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 732(b)(1) of the Act.
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    \17\ See China AD Initiation Checklist, at Attachment II.
    \18\ See section 732(c)(4)(D) of the Act; see also China AD 
Initiation Checklist, at Attachment II.
    \19\ See China AD 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 AD investigation that it is 
requesting that Commerce initiate.\21\
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    \21\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). 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 AD 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, negligibility, 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 AD Supplement, 
at 4-5 and Exhibits COM-Supp-3 and COM-Supp-4.
    \24\ See China AD 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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Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at less 
than fair value upon which Commerce based its decision to initiate the 
AD investigation of imports of plastic decorative ribbon from China. 
The sources of data for the petitioner's calculations relating to U.S. 
price and NV are discussed in greater detail in the initiation 
checklist.\25\
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    \25\ See China AD Initiation Checklist.
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Export Price

    The petitioner based U.S. price on export price (EP) using price 
quotes for sales of plastic decorative ribbon produced in and exported 
from China to unaffiliated U.S. customers.\26\
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    \26\ Id.
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Normal Value

    Commerce considers China to be a non-market economy (NME) 
country.\27\ In accordance with section 771(18)(C)(i) of the Act, the 
presumption of NME status remains in effect until revoked by Commerce. 
The presumption of NME status for China has not been revoked by 
Commerce and, therefore, remains in effect for purposes of the 
initiation of this investigation. Accordingly, NV in China is 
appropriately based on factors of production (FOPs) valued in a 
surrogate market economy country, in accordance with section 773(c) of 
the Act.\28\
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    \27\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair-Value and Postponement of 
Final Determination, 82 FR 50858, 50871 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy; see also Volume II of the Petitions, at 10-11.
    \28\ See China AD Initiation Checklist.
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    The petitioner states that Thailand is an appropriate surrogate 
country for China, because it is a market economy country that is at a 
level of economic development comparable to that of China, it is a 
significant producer of comparable merchandise, and public information 
from Thailand is available to value all material input factors.\29\ 
Based on the information provided by the petitioner, we determine that 
it is appropriate to use Thailand as a surrogate country for initiation 
purposes.
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    \29\ See Volume II of the Petition at 7-9 and Exhibit II-5.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs no later than 30 days before the 
scheduled date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters is not available, the petitioner relied on 
its own production experience as a domestic producer of plastic 
decorative ribbon in the United States as an estimate of Chinese 
manufacturers' FOPs.\30\ The petitioner valued the estimated FOPs using 
surrogate values from Thailand.\31\ Additionally, for the surrogate 
values denominated in Thai Baht, the petitioner converted Thai Baht 
prices into U.S. Dollars using the average exchange rate available on 
Commerce's website.\32\
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    \30\ Id. at 9 and Exhibit II-2.
    \31\ Id. at 17 and Exhibits II-10.
    \32\ Id. at 16 and Exhibit II-10.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of plastic decorative ribbon from China are being, 
or are likely to be, sold in the United States at less than fair value. 
Based on comparisons of EP to NV in accordance with sections 772 and 
773 of the Act, the estimated dumping margins for plastic decorative 
ribbon from China range from 74.34 percent to 370.04 percent.\33\
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    \33\ See Volume II of the Petition at 22 and Exhibit II-10.
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Initiation of the Less-Than-Fair-Value Investigation

    Based upon the examination of the Petition, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating this AD investigation to determine whether imports of 
plastic decorative ribbon from China are being, or are likely to be,

[[Page 3129]]

sold in the United States at less than fair value. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD law were made.\34\ 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.\35\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to this AD investigation.\36\
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    \34\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \35\ 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).
    \36\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    The petitioner named 51 producers/exporters of plastic decorative 
ribbon from China.\37\ In accordance with our standard practice for 
respondent selection in AD cases involving NME countries, we intend to 
issue quantity and value (Q&V) questionnaires to producers/exporters of 
merchandise subject to 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 the responses received. For 
this investigation, Commerce will request Q&V information from known 
exporters and producers identified with complete contact information in 
the Petition. In addition, Commerce will post the Q&V questionnaires 
along with filing instructions on Enforcement and Compliance's website 
at http://www.trade.gov/enforcement/news.asp.
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    \37\ See Volume I of the Petition at Exhibit I-6.
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    Producers/exporters of plastic decorative ribbon from China that do 
not receive Q&V questionnaires by mail may still submit a response to 
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire 
from Enforcement & Compliance's website. The Q&V response must be 
submitted by the relevant Chinese exporters/producers no later than 
5:00 p.m. ET on January 30, 2018. All Q&V responses must be filed 
electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\38\ 
The specific requirements for submitting a separate-rate application 
are outlined in detail in the application itself, which is available on 
Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after 
publication of this initiation notice.\39\ Exporters and producers who 
submit a separate-rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they timely respond to all parts of Commerce's AD questionnaire 
as mandatory respondents. Commerce requires that companies from China 
submit a response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V response will not receive separate-rate consideration.
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    \38\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \39\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\40\
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    \40\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of China 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 
732(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.\41\ A negative ITC determination will result in the 
investigation being terminated.\42\ Otherwise, the investigation will 
proceed according to statutory and regulatory time limits.
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    \41\ See section 733(a) of the Act.
    \42\ 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 
\43\ and, 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.\44\ 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

[[Page 3130]]

information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \43\ See 19 CFR 351.301(b).
    \44\ 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.\45\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives.\46\ Investigations initiated on the basis of Petitions 
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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    \45\ See section 782(b) of the Act.
    \46\ 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 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    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 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

[[Page 3131]]

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 
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.

[FR Doc. 2018-01148 Filed 1-22-18; 8:45 am]
 BILLING CODE 3510-DS-P