[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Pages 53642-53643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21978]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-953]


Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
narrow woven ribbons with woven selvedge (``narrow woven ribbons'') 
from the People's Republic of China (``PRC'').

DATES: Effective Date: September 1, 2010.

FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1279.

Background

    On July 19, 2010, the Department published its final determination 
in the countervailing duty investigation of narrow woven ribbons from 
the PRC. See Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Final Affirmative Countervailing Duty Determination, 
75 FR 41801 (July 19, 2010).
    On August 25, 2010, the ITC notified the Department of its final 
determination pursuant to sections 705(d) and 705(b)(1)(A)(ii) of the 
Tariff Act of 1930, as amended (``the Act''), that an industry in the 
United States is threatened with material injury by reason of 
subsidized imports of subject merchandise from the PRC. See Narrow 
Woven Ribbons With Woven Selvedge from China, USITC Pub. 4180, 
Investigation Nos. 701-TA-467 and 731-TA-1164-1165 (Final) (August 
2010). Pursuant to section 706(a) of the Act, the Department is 
publishing a countervailing duty order on the subject merchandise.

Scope of the Order

    The merchandise subject to the order is narrow woven ribbons with 
woven selvedge, in any length, but with a width (measured at the 
narrowest span of the ribbon) less than or equal to 12 centimeters, 
composed of, in whole or in part, man-made fibers (whether artificial 
or synthetic, including but not limited to nylon, polyester, rayon, 
polypropylene, and polyethylene teraphthalate), metal threads and/or 
metalized yarns, or any combination thereof. Narrow woven ribbons 
subject to the order may:
    <bullet> Also include natural or other non-man-made fibers;
    <bullet> Be of any color, style, pattern, or weave construction, 
including but not limited to single-faced satin, double-faced satin, 
grosgrain, sheer, taffeta, twill, jacquard, or a combination of two or 
more colors, styles, patterns, and/or weave constructions;
    <bullet> Have been subjected to, or composed of materials that have 
been subjected to, various treatments, including but not limited to 
dyeing, printing, foil stamping, embossing, flocking, coating, and/or 
sizing;
    <bullet> Have embellishments, including but not limited to 
appliqu[eacute], fringes, embroidery, buttons, glitter, sequins, 
laminates, and/or adhesive backing;
    <bullet> Have wire and/or monofilament in, on, or along the 
longitudinal edges of the ribbon;
    <bullet> Have ends of any shape or dimension, including but not 
limited to straight ends that are perpendicular to the longitudinal 
edges of the ribbon, tapered ends, flared ends or shaped ends, and the 
ends of such woven ribbons may or may not be hemmed;
    <bullet> Have longitudinal edges that are straight or of any shape, 
and the longitudinal edges of such woven ribbon may or may not be 
parallel to each other;
    <bullet> Consist of such ribbons affixed to like ribbon and/or cut-
edge woven ribbon, a configuration also known as an ``ornamental 
trimming;''
    <bullet> Be wound on spools; attached to a card; hanked (i.e., 
coiled or bundled); packaged in boxes, trays or bags; or configured as 
skeins, balls, bateaus or folds; and/or
    <bullet> Be included within a kit or set such as when packaged with 
other products, including but not limited to gift bags, gift boxes and/
or other types of ribbon.
    Narrow woven ribbons subject to the order include all narrow woven 
fabrics, tapes, and labels that fall within this written description of 
the scope of this order.
    Excluded from the scope of the order are the following:
    (1) Formed bows composed of narrow woven ribbons with woven 
selvedge;
    (2) ``Pull-bows'' (i.e., 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) composed of narrow woven ribbons;
    (3) Narrow woven ribbons comprised at least 20 percent by weight of 
elastomeric yarn (i.e., filament yarn, including monofilament, of 
synthetic textile material, other than textured yarn, which does not 
break on being extended to three times its original length and which 
returns, after being extended to twice its original length, within a 
period of five minutes, to a length not greater than one and a half 
times its original length as defined in the Harmonized Tariff Schedule 
of the United States (``HTSUS''), Section XI, Note 13) or rubber 
thread;
    (4) Narrow woven ribbons of a kind used for the manufacture of 
typewriter or printer ribbons;
    (5) Narrow woven labels and apparel tapes, cut-to-length or cut-to-
shape, having a length (when measured across the longest edge-to-edge 
span) not exceeding eight centimeters;
    (6) Narrow woven ribbons with woven selvedge attached to and 
forming the handle of a gift bag;
    (7) Cut-edge narrow woven ribbons formed by cutting broad woven 
fabric into strips of ribbon, with or without treatments to prevent the 
longitudinal edges of the ribbon from fraying (such as by merrowing, 
lamination, sono-bonding, fusing, gumming or waxing), and with or 
without wire running lengthwise along the longitudinal edges of the 
ribbon;

[[Page 53643]]

    (8) Narrow woven ribbons comprised at least 85 percent by weight of 
threads having a denier of 225 or higher;
    (9) Narrow woven ribbons constructed from pile fabrics (i.e., 
fabrics with a surface effect formed by tufts or loops of yarn that 
stand up from the body of the fabric);
    (10) Narrow woven ribbon affixed (including by tying) 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;
    (11) Narrow woven ribbon that is (a) affixed to non-subject 
merchandise as a working component of such non-subject merchandise, 
such as where narrow woven ribbon comprises an apparel trimming, 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;
    (12) Narrow woven ribbon(s) comprising a belt attached to and 
imported with an item of wearing apparel, whether or not such belt is 
removable from such item of wearing apparel; and
    (13) Narrow woven ribbon(s) included with non-subject merchandise 
in kits, such as a holiday ornament craft kit or a scrapbook kit, in 
which the individual lengths of narrow woven ribbon(s) included in the 
kit are each no greater than eight inches, the aggregate amount of 
narrow woven ribbon(s) included in the kit does not exceed 48 linear 
inches, none of the narrow woven ribbon(s) included in the kit is on a 
spool, and the narrow woven ribbon(s) is only one of multiple items 
included in the kit.
    The merchandise subject to this order is classifiable under the 
HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050 
and 5806.32.1060. Subject merchandise also may enter under subheadings 
5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 
5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and 
under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; 
and 6307.90.9889. The HTSUS statistical categories and subheadings are 
provided for convenience and customs purposes; however, the written 
description of the merchandise under the order is dispositive.

Countervailing Duty Order

    According to section 706(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based upon the threat of 
material injury. Section 706(b)(1) of the Act states, ``If the 
Commission, in its final determination under section 705(b), finds 
material injury or threat of material injury which, but for the 
suspension of liquidation under section 703(d)(2), would have led to a 
finding of material injury, then entries of the merchandise subject to 
the countervailing duty order, the liquidation of which has been 
suspended under section 703(d)(2), shall be subject to the imposition 
of countervailing duties under section 701(a).'' In addition, section 
706(b)(2) of the Act requires CBP to refund any cash deposits or bonds 
of estimated countervailing duties posted since the Department's 
preliminary countervailing duty determination, if the ITC's final 
determination is threat-based. Because the ITC's final determination in 
this case is based on the threat of material injury and is not 
accompanied by a finding that injury would have resulted but for the 
imposition of suspension of liquidation of entries since the 
Department's Preliminary Determination \1\ was published in the Federal 
Register, section 706(b)(2) of the Act is applicable.
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    \1\ Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination With Final Antidumping Duty Determination, 74 FR 66090 
(December 14, 2009).
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    As a result of the ITC's determination, and in accordance with 
section 706(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, countervailing duties equal to the amount of the net 
countervailable subsidy for all relevant entries of narrow woven 
ribbons from the PRC. In accordance with section 706 of the Act, the 
Department will direct CBP to reinstitute suspension of liquidation \2\ 
effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, and to require a cash deposit 
for each entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates noted below.
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    \2\ The Department instructed CBP to discontinue the suspension 
of liquidation on April 13, 2010, in accordance with section 703(d) 
of the Act. Section 703(d) states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months.

------------------------------------------------------------------------
                                                             Net subsidy
                   Exporter/manufacturer                         rate
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Yama Ribbons and Bows Co., Ltd.............................         1.56
Changtai Rongshu Textile Co., Ltd..........................       117.95
All Others.................................................         1.56
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Termination of the Suspension of Liquidation

    The Department will also instruct CBP to terminate the suspension 
of liquidation for entries of narrow woven ribbons from the PRC 
entered, or withdrawn from warehouse, for consumption prior to the 
publication of the ITC's notice of final determination, and refund any 
cash deposits made and release any bonds posted between December 14, 
2009 (i.e., the date of publication of the Department's Preliminary 
Determination) and the date of publication of the ITC's final 
determination in the Federal Register.
    This notice constitutes the countervailing duty order with respect 
to narrow woven ribbons from the PRC, pursuant to section 706(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room 1117 of the main Commerce Building, for copies of an updated 
list of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: August 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-21978 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-DS-P