Federal Register - February 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
determination, see the Issues and Decision Memorandum.
Combination Rates In the Initiation Notice, Commerce stated that it would calculate producer/
exporter combination rates for the respondents that are eligible for a separate rate in this investigation.16
Policy Bulletin 05.1 describes this
China-wide entity, Commerce did not calculate producer/exporter combination rates for those respondents.
Final Determination Commerce determines that twist ties from China are being, or are likely to be, sold in the United States at LTFV, and that the following dumping margins exist:
Estimated weighted-average dumping margin percent
Cash deposit rate adjusted for subsidy offsets percent
Exporter
Producer
Rongfa Plastic Products Co., Ltd. also known as Zhenjiang Rongfa Plastic Co., Ltd.
Tianjin Kyoei Packaging Supplies Co., Ltd
China-wide Entity 18
Rongfa Plastic Products Co., Ltd. also known as Zhenjiang Rongfa Plastic Co., Ltd.
Tianjin Kyoei Packaging Supplies Co., Ltd.
Disclosure
weighted-average amount by which normal value exceeds U.S. price as follows: 1 the cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination; 2 for all combinations of producers/exporters of merchandise under consideration that have not received their own separate rate, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and 3 for all nonChinese exporters of the merchandise under consideration which have not received their own separate rate, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non-Chinese exporter.
To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding where appropriate.
Accordingly, because Commerce made a final affirmative determination for export subsidies in the companion CVD
investigation, we offset the calculated estimated weighted-average dumping margins by the appropriate export subsidy rates 19 as indicated in the above chart. These suspension-ofliquidation instructions will remain in effect until further notice.
International Trade Commission Notification
18 The China-wide Entity includes Zhenjiang Hongda and Zhenjiang Zhonglian.
19 The export subsidy rate determined in the final determination of the companion CVD investigation is 10.54 percent. See Twist Ties from the Peoples Republic of China: Final Affirmative Countervailing Duty Determination unpublished and dated concurrently with this memorandum; unchanged
from Twist Ties From the Peoples Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 85 FR 77167 December 1, 2020, and accompanying PDM at 1314.
Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR
351.224b. However, because Commerce applied AFA to the Chinawide entity which includes the companies subject to individual examination in this investigation, in accordance with section 776 of the Act, and the applied AFA rate, as well as the separate rate, are based solely on the Petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation In accordance with section 735c1B of the Act, we will direct U.S. Customs and Border Protection CBP to continue to suspend liquidation of all entries of twist ties from China, as described in Appendix I
of this notice, which were entered, or withdrawn from warehouse, for consumption on or after December 10, 2020, the date of publication in the Federal Register of the affirmative Preliminary Determination.
Pursuant to section 735c1Bii of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the tkelley on DSKBCP9HB2PROD with NOTICES
practice.17 Accordingly, we have assigned combination rates to certain companies, as provided in the Final Determination section below. Because Commerce determined that the mandatory respondents originally selected are not eligible for separate rate status and, thus, should be considered part of the China-wide entity and assigned, as AFA, the petition rate to the
16 See
Initiation Notice, 85 FR at 45164.
Enforcement and Compliances Policy Bulletin No. 05.1, regarding, Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries, April 5, 2005 Policy Bulletin 05.1, available at http
enforcement.trade.gov/policy/bull05-1.pdf.
17 See
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In accordance with section 735d of the Act, we will notify the International Trade Commission ITC of the final affirmative determination of sales at LTFV. Because Commerces final determination is affirmative, in accordance with section 735b2 of the Act, the ITC will make its final determination as to 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 twist ties from China, no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded.
If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP
to assess, upon further instruction by Commerce, antidumping duties on all imports of twist ties from China entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the Continuation of Suspension of Liquidation section.
Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to administrative protective order APO of their responsibility concerning the
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