Notice2024-24749
Certain Plastic Decorative Ribbons From China: Continuation of Antidumping Duty Order and Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 24, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and countervailing duty (CVD) order on certain plastic decorative ribbon (plastic ribbon) from China would likely lead to the continuation or recurrence of dumping, and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 206 (Thursday, October 24, 2024)</title>
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[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84865-84867]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24749]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-075, C-570-076]
Certain Plastic Decorative Ribbons From China: Continuation of
Antidumping Duty Order and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order and countervailing
duty (CVD) order on certain plastic decorative ribbon (plastic ribbon)
from China would likely lead to the continuation or recurrence of
dumping, and countervailable subsidies, and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of these AD and CVD orders.
DATES: Applicable September 11, 2024.
FOR FURTHER INFORMATION CONTACT: Sarah Keith, 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) 482-0264.
SUPPLEMENTARY INFORMATION:
Background
On March 22, 2019, Commerce published in the Federal Register the
AD and CVD orders on plastic ribbon from China.\1\ On February 1, 2024,
the ITC instituted,\2\ and Commerce initiated,\3\ the first sunset
review of the Orders, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). As a result of its review, Commerce
determined that revocation of the Orders would likely lead to the
continuation or recurrence of dumping and countervailable subsidies,
and therefore, notified the ITC of the magnitude of the margins of
dumping and subsidy rates likely to prevail should the Orders be
revoked.\4\
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\1\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and Countervailing Duty
Order, 84 FR 10786 (March 22, 2019).
\2\ See Plastic Decorative Ribbon from China; Institution of
Five-Year Reviews, 89 FR 6540 (February 1, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499
(February 1, 2024).
\4\ See Certain Plastic Decorative Ribbon from the People's
Republic of China: Final Results of Expedited Sunset Review of the
Antidumping Duty Order, 89 FR 48376 (June 6, 2024), and accompanying
Issues and Decision Memorandum (IDM); see also Certain Plastic
Decorative Ribbon From the People's Republic of China: Final Results
of Expedited First Sunset Reviews of the Countervailing Duty Order,
89 FR 48554 (June 7, 2024), and accompanying IDM.
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On September 11, 2024, the ITC published its determination,
pursuant to sections 751(c) and 752(a) of the Act, that revocation of
the Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\5\
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\5\ See Plastic Decorative Ribbon from China, 89 FR 73719
(September 11, 2024).
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Scope of the Orders
The merchandise covered by the Orders is certain plastic decorative
ribbon from China. For a complete description of the scope of the
Orders, see the appendix to this notice.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Orders will be
September 11, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of
[[Page 84866]]
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: October 18, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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, but
disregarding any features that measure 4 inches or less in width,
such as tapering or cutting at the ends or in a bow knot, provided
that aggregate length of such features comprises no more than 20% of
the length of the ribbon. Subject merchandise includes but is 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 egg-shaped configuration; made into bows, bow-like 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 non-plastic materials, including, without
limitation, substrates made, in whole or in part, of fabric.
The ribbons subject to these orders 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 ``pull-bows'' 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 these orders; the ``other products'' (i.e.,
the other, non-subject merchandise included in the ensemble) are not
covered by the scope of these orders.
Excluded from the scope of these orders 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 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, made of fabric, or covered by any other
decorative coating such as glitter (whether of plastic or non-
plastic materials), and (b) a flexible metal wire at the base which
permits attachment to an 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; (9) cords,
i.e., multiple strands of materials that have been braided, gimped
or twisted together; and (10) 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.
The scope of these orders excludes shredded plastic film or
shredded plastic strip, in each case where the shred does not exceed
5 mm in width and does not exceed 18 inches in length.
The scope of these orders excludes plastic garlands and plastic
tinsel garlands, imported in lengths of not less than three (3)
feet. The longitudinal base of these garlands may be made of wire or
non-wire material, and these garlands may include plastic die-cut
pieces. Also excluded are items made of plastic garland and/or
plastic tinsel where the items do not have a tab or other means for
attaching the item to an object using adhesives. This exclusion does
not apply to plastic garland bows, plastic tinsel bows, or other
bow-like products made of plastic garland or plastic tinsel.
The scope of these orders excludes ribbons made exclusively of
fabric formed by weaving or knitting threads together, or by
matting, condensing or pressing fibers together to create felt
fabric, regardless of thread or fiber composition, including without
limitation, fabric ribbons of polyester, nylon, acrylic or terylene
threads or fibers. This exclusion does not apply to plastic ribbons
that are flocked.
The scope of these orders excludes ribbons having a width of
less than three (3) mm when incorporated by weaving into mesh
material (whether flat or tubular) or fabric ribbon (meaning ribbon
formed by weaving all or any of the following: Man-made fibers,
natural fibers, metal threads and/or metalized yarns), in each case
only where the mesh material or fabric ribbon is imported in the
form of a decorative bow or a decorative bow-like item.
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 these orders 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
these orders 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;
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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 these orders is dispositive.
[FR Doc. 2024-24749 Filed 10-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 24, 2024.
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