[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:
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 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.
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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