Federal Register - February 22, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A
list of the issues that parties raised is attached to this notice as Appendix II.
Methodology Commerce conducted this investigation in accordance with section 701 the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce is relying on facts otherwise available, including adverse facts available AFA, pursuant to sections 776a and b of the Act, due to respondents lack of participation in this investigation. For a full discussion of our application of AFA, see the Preliminary Determination.5
Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to Zhenjiang Hongda and Zhenjiang Zhonglians subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate As discussed in the Preliminary Determination, Commerce based the selection of the all-others rate on the countervailable subsidy rate established for the mandatory respondents in accordance with section 705c5Aii of the Act.6 We made no changes to the selection of this rate for this final determination.
Final Determination
tkelley on DSKBCP9HB2PROD with NOTICES
Commerce determines that the following estimated countervailable subsidy rates exist:
4 See
sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
5 See Preliminary Decision Memorandum at Use of Facts Otherwise Available and Adverse Inferences.
6 See Preliminary Determination.
VerDate Sep<11>2014
19:48 Feb 19, 2021
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Subsidy rate percent
Company Dongguan Guanqiao Industrial Co., Ltd
Foshan Shunde Ronggui Yingli Industrial Co., Ltd
Yiwu Kurui Handicraft Co.
Ltd
Zhenjiang Hongda Commodity Co. Ltd
Zhenjiang Zhonglian VE Co., Ltd
All Others
111.96
111.96
111.96
111.96
111.96
111.96
Disclosure Normally, Commerce discloses its calculations performed in connection with the final determination to interested parties within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224b.
However, because Commerce applied total AFA rates in the calculation of the benefit for the non-responsive companies, and the applied AFA rates are based on rates calculated in prior proceedings, there are no calculations to disclose.
Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703d1B and d2 of the Act, Commerce instructed U.S. Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise, as described in the scope of the investigation section, entered, or withdrawn from warehouse, for consumption on or after December 1, 2020, the date of publication of the Preliminary Determination in the Federal Register.
If the U.S. International Trade Commission ITC issues a final affirmative injury determination, we will issue a CVD order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.
ITC Notification In accordance with section 705d of the Act, we will notify the ITC of our determination. Because the final determination in this proceeding is affirmative, in accordance with section 705b of the Act, the ITC will make its final determination as to whether the
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domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of twist ties from China no later than 45
days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise 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 Order APO
In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305a3. Timely written notification of the return/
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 This determination is issued and published pursuant to sections 705d and 777i of the Act, and 19 CFR
351.210c.
Dated: February 16, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
Appendix IScope of the Investigation The merchandise covered by this investigation consists of twist ties, which are thin, bendable ties for closing containers, such as bags, bundle items, or identifying objects. A twist tie in most circumstances is comprised of one or more metal wires encased in a covering material, which allows the tie to retain its shape and bind against itself. However, it is possible to make a twist tie with plastic and no metal wires. The metal wire that is generally used in a twist tie is stainless or galvanized steel and typically measures between the gauges of 19
.0410 diameter and 31 .0132 American Standard Wire Gauge. A twist tie usually has a width between .075 and 1 in the crossmachine direction width of the tie measurement perpendicular with the wire; a thickness between .015 and .045 over the wire; and a thickness between .002 and .020
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