[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Pages 41808-41813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17568]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-952]
Narrow Woven Ribbons With Woven Selvedge From the People's
Republic of China: Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 19, 2010.
SUMMARY: On February 18, 2010, the Department of Commerce (the
``Department'') published its preliminary determination of sales at
less than fair value (``LTFV'') in the antidumping duty investigation
of narrow woven ribbons with woven selvedge (``narrow woven ribbons'')
from the People's Republic of China (``PRC'').\1\ We invited interested
parties to comment on our Preliminary Determination. Based on our
analysis of the comments we received, we have made changes from the
Preliminary Determination. We determine that narrow woven ribbons from
the PRC are being, or are likely to be, sold in the United States at
LTFV as provided in section 735 of the Tariff Act of 1930, as amended
(``Act''). The final dumping margins for this investigation are listed
in the ``Final Determination Margins'' section below.
---------------------------------------------------------------------------
\1\ See Narrow Woven Ribbons with Woven Selvedge from the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 75 FR
7244 (February 18, 2010) (``Preliminary Determination'').
FOR FURTHER INFORMATION CONTACT: Zhulieta Willbrand or Karine Gziryan,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
3147 and (202) 482-4081, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The period of investigation is January 1, 2009, through June 30,
2009. The Department published its preliminary determination of sales
at LTFV and postponement of the final determination on February 18,
2010.\2\ As explained in the memorandum from the Deputy Assistant
Secretary for Import Administration, the Department has exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from February 5, through February 12, 2010. Thus,
all deadlines in this segment of the proceeding have been extended by
seven days. The revised deadline for the final determination of this
investigation is now July 12, 2010.\3\
---------------------------------------------------------------------------
\2\ See Preliminary Determination.
\3\ See Memorandum to the Record from Ronald Lorentzen, DAS for
Import Administration, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During the Recent
Snowstorm,'' dated February 12, 2010.
---------------------------------------------------------------------------
Between March 8, 2010 and March 12, 2010, the Department conducted
verification of mandatory respondent Yama Ribbons and Bows Co., Ltd.
(``Yama'').\4\
---------------------------------------------------------------------------
\4\ See the ``Verification'' section below for additional
information.
---------------------------------------------------------------------------
On April 20, 2010, the Department received case briefs from:
Berwick Offray LLC and its wholly owned subsidiary Lion Ribbon Company,
Inc. (``Petitioner''); Yama; and Yangzhou Bestpak Gifts & Crafts Co.,
Ltd. (``Bestpak''). On April 26, 2010, the Department received rebuttal
briefs from Petitioner, Yama, and Bestpak.
On June 14, 2010, the Department issued a memorandum to all
interested parties requesting comment on two possible Harmonized Tariff
Schedule (``HTS'') numbers (i.e., 6310.10.90 and 6310.90.90) that could
be used as the surrogate value for scrap ribbon and scrap yarn.\5\ On
June 18, 2010, we received comments from Yama and Petitioner.
---------------------------------------------------------------------------
\5\ See Memorandum to The File, Antidumping Investigation of
Narrow Woven Ribbons with Woven Selvedge from the People's Republic
of China: Surrogate Value for Scrap Yarn and Scrap Ribbon, dated
June 14, 2010.
---------------------------------------------------------------------------
On June 14, 2010, in response to the U.S. Court of Appeals for the
Federal Circuit's decision in Dorbest Limited et al. v. United States,
2009-1257, -1266 (May 14, 2010) (``Dorbest''), the Department issued a
memorandum to inform all interested parties that the Department would
reconsider its valuation of the labor wage rate, and to permit parties
to comment on this issue.\6\ On June 21, 2010, we received comments
from Yama and Petitioner. Additionally, on June 15 and 22, 2010, the
Department issued a memorandum adding additional export data to the
record related to the Department's determination of the surrogate value
for labor.\7\ On June 21, 2010, Petitioner and Yama submitted comments
regarding the wage rate issue. Further, on June 22, 2010, the
Department issued another memorandum adding additional export data to
the record related to the Department's determination of the surrogate
value for labor.\8\ We received no additional comments. On July 1,
2010, the Department placed further data on the record regarding the
wage rate issue.\9\ No party submitted comments.
---------------------------------------------------------------------------
\6\ See Memorandum to The File, Antidumping Duty Investigation
of Narrow Woven Ribbons with Woven Selvedge from the People'
Republic of China: Export Data, dated June 14, 2010.
\7\ See Memorandum to The File, Antidumping Duty Investigation
of Narrow Woven Ribbons with Woven Selvedge from the People'
Republic of China: Additional Export Data, dated June 15, 2010.
\8\ See Memorandum to The File, Antidumping Duty Investigation
of Narrow Woven Ribbons with Woven Selvedge from the People'
Republic of China: Additional Export Data, dated June 22, 2010.
\9\ See Memorandum to The File, Antidumping Duty Investigation
of Narrow Woven Ribbons with Woven Selvedge from the People'
Republic of China: Data on Labor Wage, dated July 1, 2010.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation, as well as comments received pursuant to the
Department's requests, are addressed in the ``Narrow Woven Ribbons with
Woven Selvedge from the People's Republic of China: Issues and Decision
Memorandum for the Final Determination'' (``Issues and Decision
Memorandum''), dated concurrently with this notice and which is hereby
adopted by this notice. A list of the issues which parties raised and
to which we respond in the Issues and Decision Memorandum is attached
to this notice as Appendix I. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit, Room 1117
of the main Commerce building, and is accessible on the World Wide Web
at http://
[[Page 41809]]
trade.gov/ia/index.asp. The paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Determination
1. For the final determination, we have included a freight expense
to transport liquid petroleum gas from the supplier to Yama's
factory.\10\
---------------------------------------------------------------------------
\10\ See Final Analysis Memorandum for Yama Ribbons and Bows Co.
Ltd., dated July 12, 2010 (``Yama's Analysis Memo'').
---------------------------------------------------------------------------
2. In the Preliminary Determination, 75 FR at 7249-50, we stated
that for certain misreported packing materials' factors of production
(``FOPs'') as facts available, we applied a simple average consumption
rate for certain packing materials. At verification, we examined these
packing materials. For the final determination, we have determined to
use Yama's reported consumption rates for all its packing
materials.\11\
---------------------------------------------------------------------------
\11\ See Yama's Analysis Memo.
---------------------------------------------------------------------------
3. We have recalculated the surrogate value for scrap using World
Trade Atlas data for HTS number 6310.90.90.\12\
---------------------------------------------------------------------------
\12\ See Yama's Analysis Memo.
---------------------------------------------------------------------------
4. Pursuant to a recent decision by the U.S. Court of Appeals for
the Federal Circuit, we have calculated a revised hourly wage rate to
use in valuing Yama's reported labor input by averaging earnings and/or
wages in countries that are economically comparable to the PRC and that
are significant producers of comparable merchandise.\13\
---------------------------------------------------------------------------
\13\ See Issues and Decision Memorandum at Comment 8.
---------------------------------------------------------------------------
5. For the final determination, we have included a new exclusion
(i.e., exclusion 13) in the scope of investigation. See ``Scope of
Investigation'' section, below.
Scope of Investigation
The merchandise subject to the investigation 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 investigation may:
Also include natural or other non-man-made fibers;
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;
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;
Have embellishments, including but not limited to
appliqu[eacute], fringes, embroidery, buttons, glitter, sequins,
laminates, and/or adhesive backing;
Have wire and/or monofilament in, on, or along the
longitudinal edges of the ribbon;
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;
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;
Consist of such ribbons affixed to like ribbon and/or cut-
edge woven ribbon, a configuration also known as an ``ornamental
trimming;''
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
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 investigation include all
narrow woven fabrics, tapes, and labels that fall within this written
description of the scope of this investigation.
Excluded from the scope of the investigation 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;
(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,
[[Page 41810]]
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 investigation is classifiable under
the HTSUS 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 categories and subheadings are provided for
convenience and customs purposes; however, the written description of
the merchandise under investigation is dispositive.
Scope Comments
Prior to the preliminary determination in this case, we received a
request from certain retailers of narrow woven ribbons that the
Department modify the scope of the investigation to exclude narrow
woven ribbons included in kits or sets in ``de minimis'' amounts.
Because of concerns over whether the proposed scope exclusion language
would be administrable, we declined to modify the scope in the
Preliminary Determination, and we did not use the language suggested by
these retailers or the alternative language proposed by the petitioner.
See Preliminary Determination, 75 FR at 7240.
Following the preliminary determination, on March 24, 2010, and
June 3, 2010, the petitioner submitted additional language for this
scope exclusion. Having determined that the language contained in the
petitioner's June 3, 2010, submission is administrable, we have
incorporated this language in exclusion 13.\14\
---------------------------------------------------------------------------
\14\ See ``the Scope of Investigation'' section, above.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by Yama for use in our final determination. We
used standard verification procedures including examination of relevant
accounting and production records, and original source documents
provided by the respondent.\15\
---------------------------------------------------------------------------
\15\ See April 13, 2010 Memorandum to the File from Karine
Gziryan and Zhulieta Willbrand, International Trade Compliance
Specialists, AD/CVD Operations, Office 4, ``Verification of the
Sales and Factors Responses of Yama Ribbons and Bows Co., Ltd. in
the Antidumping Investigation of Narrow Woven Ribbons with Woven
Selvedge from the People's Republic of China'' at 34 and Exhibit 22.
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Determination, we stated that we selected India
as the appropriate surrogate country to use in this investigation for
the following reasons: (1) It is a significant producer of comparable
merchandise; (2) it is at a similar level of economic development
pursuant to section 773(c)(4) of the Act; and (3) we have reliable data
from India that we can use to value the FOPs.\16\ We received no
comments on this issue after the Preliminary Determination, and we have
made no changes to our findings with respect to the selection of a
surrogate country for the final determination.
---------------------------------------------------------------------------
\16\ See Preliminary Determination.
---------------------------------------------------------------------------
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an investigation in an NME country this single rate unless an exporter
can demonstrate that it is sufficiently independent so as to be
entitled to a separate rate.\17\
---------------------------------------------------------------------------
\17\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991), as amplified by Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the People's Republic of
China, 59 FR 22585 (May 2, 1994), and 19 CFR 351.107(d).
---------------------------------------------------------------------------
In the Preliminary Determination, we found that the following
companies demonstrated eligibility for separate-rate status: Beauty
Horn Investment Limited; Fujian Rongshu Industry Co., Ltd.; Guangzhou
Complacent Weaving Co., Ltd.; Ningbo MH Industry Co., Ltd.; Ningbo V.K.
Industry & Trading Co., Ltd.; Stribbons (Guangzhou) Ltd.; Sun Rich
(Asia) Limited; Tianjin Sun Ribbon Co., Ltd.; Weifang Dongfang Ribbon
Weaving Co., Ltd.; Weifang Yu Yuan Textile Co., Ltd.; Xiamen Yi He
Textile Co., Ltd; and Bestpak (collectively, the ``Separate Rate
Applicants''). Since the publication of the Preliminary Determination,
no party has commented on the eligibility of the Separate Rate
Applicants for separate-rate status. For the final determination, we
continue to find that the evidence placed on the record of this
investigation by the Separate Rate Applicants demonstrates both de jure
and de facto absence of government control with respect to each
company's respective exports of the merchandise under investigation.
Thus, we continue to find that the Separate Rate Applicants are
eligible for separate-rate status.
Normally the separate rate is determined based on the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding zero and de minimis
margins or margins based entirely on adverse facts available
(``AFA'').\18\ In this case, because there are no rates other than de
minimis or those based on AFA, we have determined to take a simple
average of the AFA rate assigned to the PRC-wide entity and the de
minimis rate calculated for Yama as a reasonable method for purposes of
determining the rate assigned to the Separate Rate Applicants.\19\ We
note that this methodology is consistent with the Department's past
practice.\20\
---------------------------------------------------------------------------
\18\ See section 735(c)(5)(A) of the Act.
\19\ See section 735(c)(5)(B) of the Act.
\20\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination; Light-
Walled Rectangular Pipe and Tube From the Republic of Korea, 73 FR
5794, 5800 (January 31, 2008), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Light-Walled
Rectangular Pipe and Tube from the Republic of Korea, 73 FR 35655
(June 24, 2008); see also ``Corroboration'' section below.
---------------------------------------------------------------------------
The PRC-Wide Rate
In the Preliminary Determination, we found that certain PRC
exporters/producers did not demonstrate that they operate free of
government control over their export activities and did not respond to
the Department's request for information.\21\ Thus, we treated these
PRC exporters/producers as part of the PRC-wide entity and found that
the PRC-wide entity did not respond to our requests for
information.\22\ No additional information was placed on the record
with respect to any of these companies after the Preliminary
Determination. Additionally, in the Preliminary Determination, we
determined that because Ningbo Jintian Import & Export Co., Ltd.
(``Ningbo Jintian'') (i.e., a mandatory respondent) failed to submit
responses to the Department's questionnaires, the Department has no
basis upon which to grant Ningbo Jintian a separate rate. Accordingly,
in the Preliminary Determination, we determined to treat Ningbo Jintian
as part of the PRC-wide entity.\23\ We received no comments on this
determination.
---------------------------------------------------------------------------
\21\ See Preliminary Determination, 75 FR at 7250.
\22\ See id.
\23\ See id.
---------------------------------------------------------------------------
Section 776(a)(2) of the Act provides that, if an interested party
(A) Withholds information requested by the Department, (B) fails to
provide such information by the deadline, or in the form or manner
requested, (C)
[[Page 41811]]
significantly impedes a proceeding, or (D) provides information that
cannot be verified, the Department shall use, subject to section 782(d)
of the Act, facts otherwise available in reaching the applicable
determination. Since the PRC-wide entity did not provide the Department
with requested information, pursuant to section 776(a)(2)(A) of the
Act, we continue to find it appropriate to base the PRC-wide rate on
facts available. Therefore, pursuant to section 776(a)(2)(A) of the
Act, the Department continues to find that the use of facts available
is appropriate to determine the PRC-wide rate.
Section 776(b) of the Act provides that, in selecting from among
the facts otherwise available, the Department may employ an adverse
inference if an interested party fails to cooperate by not acting to
the best of its ability to comply with requests for information.\24\ We
determine that, because the PRC-wide entity did not respond to our
requests for information, the PRC-wide entity has failed to cooperate
to the best of its ability. Therefore, the Department finds that, in
selecting from among the facts otherwise available, an adverse
inference is appropriate for the PRC-wide entity.
---------------------------------------------------------------------------
\24\ See Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Notice of Rescission
in Part and Intent to Rescind in Part, 72 FR 14078, 14079 (March 26,
2007), unchanged in Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, from the People's Republic of China: Final
Results of 2005-2006 Administrative Review and Partial Rescission of
Review, 72 FR 56724 (October 4, 2007) and Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished, From the People's
Republic of China: Amended Final Results of 2005-2006 Administrative
Review, 72 FR 70302 (December 11, 2007). See also Statement of
Administrative Action accompanying the Uruguay Round Agreements Act
(``SAA''), H.R. Doc. No. 103-316, Vol. 1 (1994), at 870.
---------------------------------------------------------------------------
Because we begin with the presumption that all companies within an
NME country are subject to government control, and because only
Separate Rate Applicants have overcome that presumption, we are
applying a single antidumping rate (i.e., the PRC-wide entity rate) to
all other exporters of subject merchandise from the PRC. Such companies
did not demonstrate entitlement to a separate rate.\25\ The PRC-wide
entity rate applies to all entries of subject merchandise except for
entries from Yama and the Separate Rate Applicants.
---------------------------------------------------------------------------
\25\ See, e.g., Synthetic Indigo From the People's Republic of
China; Notice of Final Determination of Sales at Less Than Fair
Value, 65 FR 25706 (May 3, 2000).
---------------------------------------------------------------------------
Corroboration
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation as facts available, it must, to the extent
practicable, corroborate that information from independent sources
reasonably at its disposal. Secondary information is described as
``information derived from the petition that gave rise to the
investigation or review, the final determination concerning merchandise
subject to this investigation, or any previous review under section 751
concerning the merchandise subject to this investigation.'' \26\ To
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value. Independent
sources used to corroborate may include, for example, published price
lists, official import statistics and customs data, and information
obtained from interested parties during the particular investigation.
To corroborate secondary information, the Department will, to the
extent practicable, examine the reliability and relevance of the
information used.\27\
---------------------------------------------------------------------------
\26\ See Final Determination of Sales at Less Than Fair Value:
Sodium Hexametaphosphate From the People's Republic of China, 73 FR
6479, 6481 (February 4, 2008), quoting SAA at 870.
\27\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter, and Components
Thereof, From Japan; Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997).
---------------------------------------------------------------------------
The AFA rate that the Department used is drawn from the petition,
as adjusted to reflect the CAFC's decision in Dorbest. See Issues and
Decision Memorandum at Comment 1. Petitioner's methodology for
calculating the United States price and normal value (``NV'') in the
petition is discussed in the Initiation Notice.\28\ In the Preliminary
Determination, we assigned to the PRC-wide entity the margin alleged in
the petition, i.e., 247.65 percent.\29\ For the final determination, we
have continued to assign to the PRC-wide entity the rate of 247.65
percent. To corroborate the AFA margin that we have selected, we
compared it to the model-specific margins we found for the
participating mandatory respondent, Yama. We found that the margin of
247.65 percent has probative value because it is in the range of Yama's
model-specific margins.\30\ Accordingly, we find that the rate of
247.65 percent is corroborated within the meaning of section 776(c) of
the Act.\31\
---------------------------------------------------------------------------
\28\ See Narrow Woven Ribbons with Woven Selvedge from the
People's Republic of China and Taiwan: Initiation of Antidumping
Duty Investigations, 74 FR 39291 (August 6, 2009) (``Initiation
Notice'')
\29\ See Preliminary Determination, 75 FR at 7251.
\30\ See Yama's Analysis Memo.
\31\ See Issues and Decision Memorandum at Comment 12; see also
July 12, 2010 Memorandum to the File from Karine Gziryan,
International Trade Analyst, AD/CVD Operations, Office 4,
``Antidumping Investigation of Narrow Woven Ribbons with Woven
Selvedge from the People's Republic of China: Proprietary Memorandum
regarding Corroboration''.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for respondents that are eligible for a
separate rate in this investigation.\32\ This practice is described in
Policy Bulletin 05.1, available at http://ia.ita.doc.gov/.
---------------------------------------------------------------------------
\32\ See Initiation Notice, 74 FR at 39297.
{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 investigations 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. (Emphasis in original).
Final Determination Margins
The Department determines that the following dumping margins exist
for the period January 1, 2009, through June 30, 2009:
[[Page 41812]]
------------------------------------------------------------------------
Weighted-average
Exporter Producer percent margin
------------------------------------------------------------------------
Yama Ribbons and Bows Co., Ltd.. Yama Ribbons and 0
Bows Co., Ltd.
Beauty Horn Investment Limited.. Tianjin Sun Ribbon 123.83
Co., Ltd.
Fujian Rongshu Industry Co., Ltd Fujian Rongshu 123.83
Industry Co., Ltd.
Guangzhou Complacent Weaving Guangzhou 123.83
Co., Ltd Complacent Weaving
Co., Ltd
Ningbo MH Industry Co., Ltd..... Hangzhou City 123.83
Linghu Jiacheng
Silk Ribbon Co.,
Ltd
Ningbo V.K. Industry & Trading Ningbo Yinzhou 123.83
Co., Ltd Jinfeng Knitting
Factory
Stribbons (Guangzhou) Ltd....... Stribbons 123.83
(Guangzhou) Ltd.
Stribbons (Guangzhou) Ltd....... Stribbons (Nanyang) 123.83
MNC Ltd.
Sun Rich (Asia) Limited......... Dongguan Yi Sheng 123.83
Decoration Co.,
Ltd
Tianjin Sun Ribbon Co., Ltd..... Tianjin Sun Ribbon 123.83
Co., Ltd.
Weifang Dongfang Ribbon Weaving Weifang Dongfang 123.83
Co., Ltd Ribbon Weaving
Co., Ltd
Weifang Yu Yuan Textile Co., Ltd Weifang Yu Yuan 123.83
Textile Co., Ltd.
Xiamen Yi He Textile Co., Ltd... Xiamen Yi He 123.83
Textile Co., Ltd.
Yangzhou Bestpak Gifts & Crafts Yangzhou Bestpak 123.83
Co., Ltd Gifts & Crafts
Co., Ltd
PRC-wide Entity*................ ................... 247.65
------------------------------------------------------------------------
* (Including Ningbo Jintian Import & Export Co., Ltd.).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all entries of narrow woven ribbons from the
PRC, as described in the ``Scope of Investigation'' section, above,
entered, or withdrawn from warehouse, for consumption on or after
February 18, 2010, the date of publication of the Preliminary
Determination in the Federal Register. The Department will instruct CBP
to require a cash deposit or the posting of a bond equal to the
weighted-average dumping margin amount by which the NV exceeds U.S.
price, as follows: (1) The rate for the exporter/producer combinations
listed in the chart above will be the rate the Department has
determined in this final determination; (2) for all PRC exporters of
subject merchandise which have not received their own rate, the cash-
deposit rate will be the PRC-wide entity rate; and (3) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash-deposit rate will be the rate applicable to the PRC
exporter/producer combination that supplied that non-PRC exporter.
Additionally, as the Department has determined in its companion
countervailing duty (``CVD'') final determination of narrow woven
ribbons from the PRC (dated concurrently with this notice) that the
product under investigation, exported and produced by Yama, benefitted
from an export subsidy, we will instruct CBP to require an antidumping
cash deposit or posting of a bond equal to the weighted-average amount
by which the NV exceeds the export price, as indicated above, minus the
amount determined to constitute an export subsidy. See, e.g., Notice of
Final Determination of Sales at Less Than Fair Value: Carbazole Violet
Pigment 23 From India, 69 FR 67306, 67307 (November 17, 2004).
Therefore, for the separate rate respondents, we will instruct CBP to
require an antidumping duty cash deposit or the posting of a bond for
each entry equal to the weighted-average margin indicated above
adjusted for the export subsidy rate determined in the CVD final
determination (i.e., International Market Development Fund Grants for
Small and Medium Enterprises). The adjusted cash deposit rate for the
separate rate respondents (as listed above in the ``Final Determination
Margins'' section, above) is 123.44 percent. These suspension-of-
liquidation instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department
notified the U.S. International Trade Commission (``ITC'') of its final
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, within
45 days the ITC will determine whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports or sales (or the likelihood of sales) for
importation of the subject merchandise. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess, upon further instruction by the Department, antidumping
duties on all imports of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: July 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues for Final Determination
Comment 1: Whether the Department should recalculate the petition
margin with the preliminary surrogate value for labor
Comment 2: Whether to apply a scrap offset in deriving Yama's normal
value
Comment 3: Whether to set additional processing revenue to zero for
all sales and cap freight revenue
Comment 4: Whether to include freight expenses for the input Liquid
Petroleum Gas (``LPG'')
Comment 5: Whether to deduct Yama's bank charges from U.S. price
Comment 6: Whether to apply Adverse Facts Available for some of
Yama's sales
Comment 7: Whether to apply Facts Available to estimate commissions
on Yama's U.S. Sales
Comment 8: Whether the Department should revise its labor rate
calculation
Comment 9: Whether to assign Bestpak the calculated margin assigned
to Yama as its separate rate
Comment 10: Whether to select an additional
[[Page 41813]]
respondent
Comment 11: Whether to calculate Bestpak's separate rate using its
quantity and value information
Comment 12: Whether the AFA rate was sufficiently corroborated
[FR Doc. 2010-17568 Filed 7-16-10; 8:45 am]
BILLING CODE 3510-DS-P