[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67513-67515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23517]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-917]
Laminated Woven Sacks From the People's Republic of China: Final
Results of Countervailing Duty Administrative Review and Rescission, in
Part; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Shandong
Shouguang Jianyuan Chun Co., Ltd. (Shouguang) received countervailable
subsidies during the period of review (POR) January 1, 2018 through
December 31, 2018. In addition, we are rescinding this review with
respect to the 18 companies listed in the Appendix to this notice.
DATES: Applicable October 23, 2020.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5484.
[[Page 67514]]
SUPPLEMENTARY INFORMATION:
Background
This review covers Shouguang, the sole mandatory respondent, its
cross-owned affiliate, Shandong Longxing Plastic Products Co., Ltd.,
and 18 other companies that did not have reviewable entries of subject
merchandise during the POR for which liquidation is suspended.
On June 23, 2020, Commerce published the Preliminary Results.\1\ In
the Preliminary Results, Commerce preliminarily determined that
Shouguang received countervailable subsidies during the POR. Pursuant
to section 776(a) of the Act, Commerce preliminarily relied upon facts
otherwise available because neither the Government of China (GOC) nor
Shouguang responded to the initial questionnaire. Commerce further
found that an adverse inference was warranted because the GOC and
Shouguang did not cooperate to the best of their ability. In addition,
we stated our intent to rescind this administrative review with respect
to 18 companies that did not have reviewable entries of subject
merchandise during the POR and for which liquidation is suspended.\2\
Although we invited parties to comment on the Preliminary Results,\3\
no interested party submitted comments.
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\1\ See Laminated Woven Sacks from the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review and Intent to Rescind, in Part; 2018, 85 FR 37624 (June 23,
2020) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Id., 85 FR at 37625.
\3\ Id., 85 FR at 37625-26.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\5\ The deadline for
the final results of this review is now December 21, 2020.
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order
The merchandise covered by this order is laminated woven sacks.
Laminated woven sacks are bags or sacks consisting of one or more plies
of fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to an
exterior ply of plastic film such as biaxially-oriented polypropylene
(BOPP) or to an exterior ply of paper that is suitable for high quality
print graphics; \6\ printed with three colors or more in register; with
or without lining; whether or not closed on one end; whether or not in
roll form (including sheets, lay-flat tubing, and sleeves); with or
without handles; with or without special closing features; not
exceeding one kilogram in weight. Laminated woven sacks are typically
used for retail packaging of consumer goods such as pet foods and bird
seed.
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\6\ ``Paper suitable for high quality print graphics,'' as used
herein, means paper having an ISO brightness of 82 or higher and a
Sheffield Smoothness of 250 or less. Coated free sheet is an example
of a paper suitable for high quality print graphics.
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Effective July 1, 2007, laminated woven sacks are classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were
previously classifiable under HTSUS subheading 6305.33.0020. Laminated
woven sacks are also classifiable under HTSUS 6305.33.0040. If entered
with plastic coating on both sides of the fabric consisting of woven
polypropylene strip and/or woven polyethylene strip, laminated woven
sacks may be classifiable under HTSUS subheadings 3923.21.0080,
3923.21.0095, and 3923.29.0000. If entered not closed on one end or in
roll form (including sheets, lay-flat tubing, and sleeves), laminated
woven sacks may be classifiable under other HTSUS subheadings including
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the
polypropylene strips and/or polyethylene strips making up the fabric
measure more than 5 millimeters in width, laminated woven sacks may be
classifiable under other HTSUS subheadings including 4601.99.0500,
4601.99.9000, and 4602.90.0000. Although HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of the order is dispositive.
Rescission of Review, in Part
As noted in the Preliminary Results, 18 of the companies subject to
this review did not have reviewable entries of subject merchandise
during the POR for which liquidation is suspended. Accordingly, in the
absence of reviewable, suspended entries of subject merchandise during
the POR by the 18 companies at issue, we are rescinding this
administrative review with respect to these 18 companies, in accordance
with 19 CFR 351.213(d)(3).\7\
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\7\ See the Appendix for a list of the 18 companies for whom we
are rescinding this review because each had no reviewable, suspended
entries during the POR.
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Final Results of the Review
Because we received no comments from interested parties, we made no
changes to the Preliminary Results. Accordingly, no decision memorandum
accompanies this Federal Register notice.\8\
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\8\ For further details of the issues addressed in this
proceeding, see Preliminary Results and PDM.
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We determine the following net countervailable subsidy rate for the
period January 1, 2018 through December 31, 2018:
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Company Net subsidy rate ad valorem
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Shandong Shouguang Jianyuan Chun Co., Ltd. 398.62 percent.
and Shandong Longxing Plastic Products
Co., Ltd.
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results within five days of the
date of publication of the notice of final results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, because
Commerce has applied a rate based on facts otherwise available with an
adverse inference to the sole mandatory respondent in this review, in
accordance with section 776 of the Act, and because the method for
determining the subsidy rate is outlined in the Preliminary Results,\9\
there are no calculations to disclose.
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\9\ See Preliminary Results PDM at ``Use of Facts Otherwise
Available and Application of Adverse Inferences'' and Appendix II.
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Assessment Rates
Consistent with section 751(a)(1) of the Tariff Act of 1930, as
amended (the
[[Page 67515]]
Act) and 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess countervailing duties
on all appropriate entries. Commerce intends to issue appropriate
assessment instructions to CBP 15 days after publication of the final
results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above for the named respondents entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms, we will instruct CBP to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to 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(a)(3). Timely written
notification of return/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.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(5).
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Non-Selected Companies for Rescission
1. Cangnan Color Make The Bag
2. Changle Baodu Plastic Co., Ltd.
3. First Way (H.K.) Limited
4. Han Shing Chemical Co., Ltd.
5. Jiangsu Hotson Plastics Co., Ltd.
6. Ningbo Yong Feng Packaging Co., Ltd.
7. Polywell Industrial Co.
8. Polywell Plastic Product Factory
9. Shandong Qikai Plastics Product Co., Ltd.
10. Shandong Qilu Plastic Fabric Group, Ltd.
11. Shandong Youlian Co., Ltd.
12. Wenzhou Hotson Plastics Co., Ltd.
13. Zibo Aifudi Plastic Packaging Co., Ltd.
14. Zibo Linzi Luitong Plastic Fabric Co., Ltd.
15. Zibo Linzi Qitianli Plastic Fabric Co., Ltd.
16. Zibo Linzi Shuaiqiang Plastics Co., Ltd.
17. Zibo Linzi Worun Packing Product Co., Ltd.
18. Zibo Qigao Plastic Cement Co., Ltd.
[FR Doc. 2020-23517 Filed 10-22-20; 8:45 am]
BILLING CODE 3510-DS-P