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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices For a complete description of the events that followed the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, see the Issues and Decision Memorandum.5 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS.
ACCESS is available to registered users at http access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content.
Scope of the Investigation The products covered by this investigation are twist ties from China.
For a complete description of the scope of this investigation, see Appendix I to this notice.
Scope Comments During the course of this and the concurrent countervailing duty CVD
investigation, Commerce received scope comments from interested parties.
Commerce issued a Preliminary Scope Decision Memorandum to address these comments and invited parties to comment on this memorandum.6 No interested party submitted comments on the Preliminary Scope Decision Memorandum. Therefore, for this final determination, the scope of this investigation remains unchanged from that published in the Preliminary Determination.

continuing to find that the use of adverse facts available AFA, pursuant to sections 776a and b of the Act, is appropriate and are applying a rate based entirely on AFA to the Chinawide entity. 7 The China-wide entity includes mandatory respondents Zhenjiang Hongda Commodity Co., Ltd.
Zhenjiang Hongda and Zhenjiang Zhonglian I/E Co., Ltd. Zhenjiang Zhonglian.8 These companies failed to respond to Commerces requests for information and withdrew from participation in this investigation. As these non-responsive companies did not demonstrate that they are eligible for separate rate status, Commerce continues to consider them to be part of the China-wide entity. Consequently, we continue to find that the China-wide entity, which includes these nonresponsive companies, withheld requested information, significantly impeded this proceeding, and failed to cooperate to the best of its ability.
China-Wide Rate We continue to find that the use of AFA, pursuant to sections 776a and b of the Act, is warranted in determining the rate for the China-wide entity.9 In selecting the AFA rate for the Chinawide entity, Commerces practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.10 Specifically, it is Commerces practice to select, as an AFA rate, the higher of: a the highest dumping margin alleged in the petition;
or b the highest calculated dumping margin of any respondent in the investigation.11 There are no
Analysis of Comments Received All issues raised in the case brief submitted by Kyoei in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II.
China-Wide Entity
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For the reasons explained in the Preliminary Determination, we are 5 See Memorandum, Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Twist Ties from the Peoples Republic of China, dated concurrently with, and hereby adopted by, this notice Issues and Decision Memorandum.
6 See Memorandum, Antidumping and Countervailing Duty Investigations of Twist Ties from the Peoples Republic of China: Scope Comments Decision Memorandum for the Preliminary Determinations, dated November 23, 2020 Preliminary Scope Decision Memorandum.

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7 See
Preliminary Determination PDM at 913.
Memorandum, Less-Than-Fair-Value Investigation of Twist Ties from the Peoples Republic of China: Respondent Selection, dated August 17, 2020; and Zhenjiang Hongda and Zhenjiang Zhonglians Letter, Twist Ties from the Peoples Republic of China: Withdrawal of Zhenjiang Hongda and Zhenjiang Zhonglian from the Antidumping Duty Investigation and Counsels Certification of Compliance with the Terms of the APO, dated August 24, 2020.
9 The China-wide entity includes those companies who did not submit a separate rate application, and those companies Commerce determined were ineligible to receive a separate rate.
10 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 December 27, 2004, unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 70 FR
28279 May 17, 2005.
11 See Silicon Metal from Australia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part, 83 FR 9839 March 8 See
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respondents for which we are calculating a separate dumping margin for the final determination. Therefore, the highest and only rate on the record of the proceeding is the rate found in the Petition,12 which is the only information reasonably at Commerces disposal to determine a rate that is sufficiently adverse to induce cooperation.13
Thus, as AFA, Commerce assigned to the China-wide entity the rate of 72.96
percent, which is the sole dumping margin alleged in the Petition.14
Separate Rates For the final determination, we continue to find that the evidence placed on the record of this investigation by Kyoei and Rongfa Plastic Products Co., Ltd. also known as Zhenjiang Rongfa Plastic Co., Ltd Rongfa 15 demonstrates an absence of de jure and de facto government control.
Accordingly, consistent with the Preliminary Determination, Commerce continues to assign Kyoei and Rongfa a separate rate, which is the petition rate because it is the only rate available on the record of this proceeding. For a full description of the methodology underlying Commerces final 8, 2018, and accompanying Issues and Decision Memorandum IDM at Comment 1.
12 See Petitioners Letter, Petition for the Imposition of Antidumping and Countervailing Duties on Twist Ties from China, dated June 26, 2020 the Petition.
13 See, e.g., Sodium Gluconate, Gluconic Acid, and Derivative Products from the Peoples Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 83 FR 31949 July 10, 2018, and accompanying PDM, unchanged in Sodium Gluconate, Gluconic Acid, and Derivative Products from the Peoples Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 47876 September 21, 2018, and accompanying IDM; and Certain Hardwood Plywood Products from the Peoples Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, 82 FR 28629 June 23, 2017, and accompanying PDM at pages 3132, revised in Certain Hardwood Plywood Products from the Peoples Republic of China: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 82 FR 53460 November 16, 2017 calculating a higher rate than the highest Petition rate to apply as the AFA rate in the final determination.
14 See Petition; and Twist Ties from the Peoples Republic of China: Initiation of Less-Than-FairValue Investigation, 85 FR 45161 July 27, 2020
Initiation Notice, and accompanying Antidumping Duty Investigation Initiation Checklist.
15 See Kyoeis Letter, Twist Ties from the Peoples Republic of China: Separate Rate Application, dated September 2, 2020; and Rongfas Letter, Rongfa Separate Rate Application:
Antidumping Duty Investigation of Twist Ties from the Peoples Republic of China A570131, dated September 2, 2020.

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