3114 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

1See Letter to the Secretary of Commerce ‘‘Plastic 

Decorative Ribbon from the People’s Republic of 

China: Petitions for the Imposition of Antidumping 

and Countervailing Duties’’ (December 27, 2017) 

(the Petition). 

2See Volume I of the Petition, at 3 and Exhibit 

I–3. 

3See Letters from Commerce, to the petitioner, 

dated January 2, 2018. 

4See Letter from the petitioner, ‘‘Certain Plastic 

Decorative Ribbon from the People’s Republic of 

China: Response to Commerce’s January 2, 2018 

Supplemental Questions Regarding Volumes I and 

III of the Petition for the Imposition of Antidumping 

and Countervailing Duties’’ dated January 4, 2018 

(General Issues and China CVD Supplement). 

5See the ‘‘Determination of Industry Support for 

the Petitions’’ section, below. 

6See Volume I of the Petition at 5–6; see also 

General Issues and China CVD Supplement at 

Exhibit COM-Supp-2. 

7See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

8See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

9See 19 CFR 351.303(b). 

4. Discussion of the Issues 

Comment 1: Whether Commerce Erred by 

Rejecting Prime Time’s Information 

Submitted on Behalf of Ningbo Homey 

Comment 2: Whether Commerce Should 

Calculate an Exporter/Importer-Specific 

Margin for Prime Time 

5. Recommendation 

[FR Doc. 2018–01032 Filed 1–22–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–357–821 and C–560–831] 

Biodiesel From the Republic of 

Argentina and the Republic of 

Indonesia: Countervailing Duty Orders 

Correction 

In notice document 2017–28480, 

appearing on pages 522 through 523, in 

the issue of Thursday, January 4, 2018, 

make the following correction: 

The table, on page 522, in the third 

column, eleven lines from the top, 

should read as set forth below. 

Subsidy 

rate 

(percent) 

Exporters/producers from Argentina: 

LDC Argentina S.A1 ............. 72.28 

Vicentin S.A.I.C 2 ................... 71.45 

All Others .............................. 71.87 

Exporters/Producers from Indonesia: 

Wilmar Trading Co., Ltd ........ 34.45 

PT Musim Mas ...................... 64.73 

All Others .............................. 38.95 

1 In the final determination, Commerce 

found the following companies to be crossowned with LDC Argentina S.A.: LDC Semillas 

S.A., Semillas del Rosario S.A. 2 In the final determination, Commerce 

found the following companies to be crossowned with Vicentin S.A.I.C.: Oleaginosa San 

Lorenzo S.A., Los Amores S.A. 

[FR Doc. C1–2017–28480 Filed 1–22–18; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–076] 

Certain Plastic Decorative Ribbon 

From the People’s Republic of China: 

Initiation of Countervailing Duty 

Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Maliha Khan at (202) 482–0895, 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 a countervailing duty (CVD) 

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 CVD 

Petition was accompanied by an 

antidumping (AD) Petition concerning 

imports of plastic decorative ribbon 

from China. The petitioner is a domestic 

producer of plastic decorative ribbon.2

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

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of China (GOC) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to imports of plastic 

decorative ribbon from China and that 

such imports are materially injuring, or 

threatening material injury to, the 

domestic industry producing plastic 

decorative ribbon in the United States. 

Also, consistent with section 702(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) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support with respect to the initiation of 

the CVD investigation that the petitioner 

is requesting.5

Period of Investigation 

Because the Petition was filed on 

December 27, 2017, the period of 

investigation for this investigation is 

January 1, 2016, through December 31, 

2016. 

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.6

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).7 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,8 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaire, 

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.9

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 


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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3115 

10See 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. 

11See Letter to the Embassy of China, 

‘‘Countervailing Duty Petition on Certain Plastic 

Decorative Ribbon from the People’s Republic of 

China: Invitation for Consultations to Discuss the 

Countervailing Duty Petition’’ (December 29, 2017); 

see also Memorandum from Maliha Khan, 

International Trade Compliance Analyst, AD/CVD 

Operations, Office IV, Enforcement and Compliance 

to the File, ‘‘Contact with the Embassy of the 

People’s Republic of China Regarding Possible 

Consultations,’’ dated January 12, 2018. 

12See section 771(10) of the Act. 

13See 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)). 

14For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Countervailing Duty 

Investigation Initiation Checklist: Certain Plastic 

Decorative Ribbon from the People’s Republic of 

China (China CVD 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. 

15See Volume I of the Petition, at 3 and Exhibit 

I–3; see also General Issues and China CVD 

Supplement, at 4. 

16 Id. For further discussion, see China CVD 

Initiation Checklist, at Attachment II. 

17See China CVD Initiation Checklist, at 

Attachment II. 

18See section 702(c)(4)(D) of the Act; see also 

China CVD Initiation Checklist, at Attachment II. 

19See China CVD Initiation Checklist, at 

Attachment II. 

investigation may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

nformation. All such comments must be 

filed on the records of each of the 

concurrent AD and CVD investigation. 

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).10

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. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

representatives of the GOC of the receipt 

of the Petition, and provided them the 

opportunity for consultations with 

respect to the Petition.11 The GOC did 

not request consultations. 

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(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 702(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

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

In determining whether the petitioner 

has standing under section 702(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,’’ 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

Our review of the data provided in the 

Petition, General Issues and China CVD 

Supplement, and other information 

readily available to Commerce indicates 

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 702(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 702(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 


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3116 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

20 Id. 21 Id. 22See Volume I of the Petition, at 13 and Exhibit 

I–7; see also General Issues and China CVD 

Supplement, at 4–5 and Exhibit COM–Supp–3. 23See 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 CVD Supplement, at 4–5 and 

Exhibits COM–Supp–3 and COM–Supp–4. 24See China CVD 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). 

25See Trade Preferences Extension Act of 2015, 

Public Law 114–27, 129 Stat. 362 (2015). 

26See 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) (Applicability Notice). 

The 2015 amendments may be found at https://

www.congress.gov/bill/114th-congress/house-bill/ 

1295/text/pl. 

27See Applicability Notice, 80 FR at 46794–95. 

28See Volume I of the Petition at Exhibit I–6. 

29See section 703(a) of the Act. 

30 Id. 

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 702(b)(1) of the 

Act. 

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 CVD 

investigation that it is requesting that 

Commerce initiate.21

Injury Test 

Because China is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from China 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.22

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, and causation, and we 

have determined that these allegations 

are properly supported by adequate 

evidence, and meet the statutory 

requirements for initiation.24

Initiation of CVD Investigation 

Based on the examination of the 

Petition, we find that the Petition meets 

the requirements of section 702 of the 

Act. Therefore, we are initiating a CVD 

investigation to determine whether 

imports of plastic decorative ribbon 

from China benefit from countervailable 

subsidies conferred by the GOC. In 

accordance with section 703(b)(1) of the 

Act and 19 CFR 351.205(b)(1), unless 

postponed, we will make our 

preliminary determination no later than 

65 days after the date of this initiation. 

Under the Trade Preferences 

Extension Act of 2015, numerous 

amendments to the AD and CVD laws 

were made.25 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.26 The 

amendments to sections 776 and 782 of 

the Act are applicable to all 

determinations made on or after August 

6, 2015, and, therefore, apply to this 

CVD investigation.27

Based on our review of the Petition, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 24 alleged programs. 

For a full discussion of the basis for our 

decision to initiate on each program, see 

the CVD Initiation Checklist. A public 

version of the initiation checklist for 

this investigation is available on 

ACCESS. 

In accordance with section 703(b)(1) 

of the Act and 19 CFR 351.205(b)(1), 

unless postponed, we will make our 

preliminary determination no later than 

65 days after the date of this initiation. 

Respondent Selection 

The petitioner named 51 producers/ 

exporters of plastic decorative ribbon 

from China.28 Commerce intends to 

follow its standard practice in CVD 

investigations and calculate companyspecific subsidy rates in 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 U.S. Customs and Border Protection 

(CBP) data for U.S. imports of plastic 

decorative ribbon from China during the 

POI under the appropriate Harmonized 

Tariff Schedule of the United States 

numbers listed in the ‘‘Scope of the 

Investigation,’’ in the Appendix. 

On January 17, 2018, Commerce plans 

to release CBP data under APO to all 

parties with access to information 

protected by APO. Interested parties 

wishing to comment regarding the CBP 

data and respondent selection must do 

so within three business days of the 

publication date of the notice of 

initiation of this CVD investigation. 

Commerce will not accept rebuttal 

comments regarding the CBP data or 

respondent selection. 

Comments must be filed 

electronically using ACCESS. An 

electronically filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET on 

the date noted above. We intend to 

finalize our decisions regarding 

respondent selection within 20 days of 

publication of this notice. Interested 

parties must submit applications for 

disclosure under APO in accordance 

with 19 CFR 351.305(b). Instructions for 

filing such applications may be found 

on Commerce’s website at http://

enforcement.trade.gov/apo. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A)(i) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petition has been provided to the 

GOC 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 702(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.29 A 

negative ITC determination will result 

in the investigation being terminated.30

Otherwise, the investigation will 


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31See 19 CFR 351.301(b). 

32See 19 CFR 351.301(b)(2). 

33See section 782(b) of the Act. 

34See 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. 

proceed according to statutory and 

regulatory time limits. 

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 and,31 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.32 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 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in this investigation. 

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.33

Parties are hereby reminded that revised 

certification requirements are in effect 

for company/government officials, as 

well as their representatives.34

Investigations initiated on the basis of 

Petition 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. 

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 702 and 777(i) of 

the Act. 

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 eggshaped configuration; made into bows, bowlike 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 nonplastic 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 ‘‘pullbows,’’ 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 


sradovich on DSK3GMQ082PROD with NOTICES
3118 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

1See Stainless Steel Flanges from India and the 

People’s Republic of China: Initiation of 

Countervailing Duty Investigations, 82 FR 42654 

(September 11, 2017) (Initiation Notice). 

2See Stainless Steel Flanges from India and the 

People’s Republic of China: Postponement of 

Preliminary Determination of Countervailing Duty 

Investigations, 82 FR 49786 (October 27, 2017). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination of the 

Countervailing Duty Investigation of Stainless Steel 

Flanges from India,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See 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. 

7See sections 776(a) and (b) of the Act. 

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 

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 order 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. 2018–01147 Filed 1–22–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–878] 

Stainless Steel Flanges From India: 

Preliminary Affirmative Countervailing 

Duty Determination, Preliminary 

Affirmative 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 

stainless steel flanges from India. The 

period of investigation is January 1, 

2016, through December 31, 2016. 

DATES: Applicable January 23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Mullen or Chelsey Simonovich, 

AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5260 or 

(202) 482–2000, 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 September 11, 2017.1 On October 27, 

2017, Commerce postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now January 16, 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 and Countervailing Duty 

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 stainless steel flanges 

from India. For a complete description 

of the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e. , scope).5 No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e. , a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.6

In making these findings, we relied, in 

part, on facts available and, because it 

finds that one or more respondents did 

not act to the best of their ability to 

respond to Commerce’s requests for 

information, it drew an adverse 

inference where appropriate in selecting 

from among the facts otherwise 

available.7 For further information, see 

‘‘Use of Facts Otherwise Available and 

Adverse Inferences’’ in the Preliminary 

Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances 

In accordance with section 703(e)(1) 

of the Act, Commerce preliminarily 

determines that critical circumstances 

exist with respect to imports of stainless 

steel flanges from India for Bebitz 


sradovich on DSK3GMQ082PROD with NOTICES