NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE FROM TAIWAN (A-583-844)

1. ON JULY 19, 2010, COMMERCE PUBLISHED IN THE FEDERAL REGISTER (75 FR 41804) ITS FINAL AFFIRMATIVE DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE FROM TAIWAN. 2. THE MERCHANDISE SUBJECT TO THE INVESTIGATION IS NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE, IN ANY LENGTH, BUT WITH A WIDTH (MEASURED AT THE NARROWEST SPAN OF THE RIBBON) LESS THAN OR EQUAL TO 12 CENTIMETERS, COMPOSED OF, IN WHOLE OR IN PART, MAN-MADE FIBERS (WHETHER ARTIFICIAL OR SYNTHETIC, INCLUDING BUT NOT LIMITED TO NYLON, POLYESTER, RAYON, POLYPROPYLENE, AND POLYETHYLENE TERAPHTHALATE), METAL THREADS AND/OR METALIZED YARNS, OR ANY COMBINATION THEREOF. NARROW WOVEN RIBBONS SUBJECT TO THE INVESTIGATION MAY: ALSO INCLUDE NATURAL OR OTHER NON-MAN-MADE FIBERS; BE OF ANY COLOR, STYLE, PATTERN, OR WEAVE CONSTRUCTION, INCLUDING BUT NOT LIMITED TO SINGLE-FACED SATIN, DOUBLE-FACED SATIN, GROSGRAIN, SHEER, TAFFETA, TWILL, JACQUARD, OR A COMBINATION OF TWO OR MORE COLORS, STYLES, PATTERNS, AND/OR WEAVE CONSTRUCTIONS; HAVE BEEN SUBJECTED TO, OR COMPOSED OF MATERIALS THAT HAVE BEEN SUBJECTED TO, VARIOUS TREATMENTS, INCLUDING BUT NOT LIMITED TO DYEING, PRINTING, FOIL STAMPING, EMBOSSING, FLOCKING, COATING, AND/OR SIZING; HAVE EMBELLISHMENTS, INCLUDING BUT NOT LIMITED TO APPLIQUE, FRINGES, EMBROIDERY, BUTTONS, GLITTER, SEQUINS, LAMINATES, AND/OR ADHESIVE BACKING; HAVE WIRE AND/OR MONOFILAMENT IN, ON, OR ALONG THE LONGITUDINAL EDGES OF THE RIBBON; HAVE ENDS OF ANY SHAPE OR DIMENSION, INCLUDING BUT NOT LIMITED TO STRAIGHT ENDS THAT ARE PERPENDICULAR TO THE LONGITUDINAL EDGES OF THE RIBBON, TAPERED ENDS, FLARED ENDS OR SHAPED ENDS, AND THE ENDS OF SUCH WOVEN RIBBONS MAY OR MAY NOT BE HEMMED; HAVE LONGITUDINAL EDGES THAT ARE STRAIGHT OR OF ANY SHAPE, AND THE LONGITUDINAL EDGES OF SUCH WOVEN RIBBON MAY OR MAY NOT BE PARALLEL TO EACH OTHER; CONSIST OF SUCH RIBBONS AFFIXED TO LIKE RIBBON AND/OR CUT-EDGE WOVEN RIBBON, A CONFIGURATION ALSO KNOWN AS AN “ORNAMENTAL TRIMMING;” BE WOUND ON SPOOLS; ATTACHED TO A CARD; HANKED (I.E., COILED OR BUNDLED); PACKAGED IN BOXES, TRAYS OR BAGS; OR CONFIGURED AS SKEINS, BALLS, BATEAUS OR FOLDS; AND/OR BE INCLUDED WITHIN A KIT OR SET SUCH AS WHEN PACKAGED WITH OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO GIFT BAGS, GIFT BOXES AND/OR OTHER TYPES OF RIBBON. NARROW WOVEN RIBBONS SUBJECT TO THE INVESTIGATION INCLUDE ALL NARROW WOVEN FABRICS, TAPES, AND LABELS THAT FALL WITHIN THIS WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION. EXCLUDED FROM THE SCOPE OF THE INVESTIGATION ARE THE FOLLOWING: (1) FORMED BOWS COMPOSED OF NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE; (2) “PULL-BOWS” (I.E., 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) COMPOSED OF NARROW WOVEN RIBBONS; (3) NARROW WOVEN RIBBONS COMPRISED AT LEAST 20 PERCENT BY WEIGHT OF ELASTOMERIC YARN (I.E., FILAMENT YARN, INCLUDING MONOFILAMENT, OF SYNTHETIC TEXTILE MATERIAL, OTHER THAN TEXTURED YARN, WHICH DOES NOT BREAK ON BEING EXTENDED TO THREE TIMES ITS ORIGINAL LENGTH AND WHICH RETURNS, AFTER BEING EXTENDED TO TWICE ITS ORIGINAL LENGTH, WITHIN A PERIOD OF FIVE MINUTES, TO A LENGTH NOT GREATER THAN ONE AND A HALF TIMES ITS ORIGINAL LENGTH AS DEFINED IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS), SECTION XI, NOTE 13) OR RUBBER THREAD; (4) NARROW WOVEN RIBBONS OF A KIND USED FOR THE MANUFACTURE OF TYPEWRITER OR PRINTER RIBBONS; (5) NARROW WOVEN LABELS AND APPAREL TAPES, CUT-TO-LENGTH OR CUT-TO-SHAPE, HAVING A LENGTH (WHEN MEASURED ACROSS THE LONGEST EDGE-TO-EDGE SPAN) NOT EXCEEDING 8 CENTIMETERS; (6) NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE ATTACHED TO AND FORMING THE HANDLE OF A GIFT BAG; (7) CUT-EDGE NARROW WOVEN RIBBONS FORMED BY CUTTING BROAD WOVEN FABRIC INTO STRIPS OF RIBBON, WITH OR WITHOUT TREATMENTS TO PREVENT THE LONGITUDINAL EDGES OF THE RIBBON FROM FRAYING (SUCH AS BY MERROWING, LAMINATION, SONO-BONDING, FUSING, GUMMING OR WAXING), AND WITH OR WITHOUT WIRE RUNNING LENGTHWISE ALONG THE LONGITUDINAL EDGES OF THE RIBBON; (8) NARROW WOVEN RIBBONS COMPRISED AT LEAST 85 PERCENT BY WEIGHT OF THREADS HAVING A DENIER OF 225 OR HIGHER; (9) NARROW WOVEN RIBBONS CONSTRUCTED FROM PILE FABRICS (I.E., FABRICS WITH A SURFACE EFFECT FORMED BY TUFTS OR LOOPS OF YARN THAT STAND UP FROM THE BODY OF THE FABRIC); (10) NARROW WOVEN RIBBON AFFIXED (INCLUDING BY TYING) 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; (11) NARROW WOVEN RIBBON THAT IS (A) AFFIXED TO NON-SUBJECT MERCHANDISE AS A WORKING COMPONENT OF SUCH NON-SUBJECT MERCHANDISE, SUCH AS WHERE NARROW WOVEN RIBBON COMPRISES AN APPAREL TRIMMING, 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; (12) NARROW WOVEN RIBBON(S) COMPRISING A BELT ATTACHED TO AND IMPORTED WITH AN ITEM OF WEARING APPAREL, WHETHER OR NOT SUCH BELT IS REMOVABLE FROM SUCH ITEM OF WEARING APPAREL; AND (13) NARROW WOVEN RIBBON(S) INCLUDED WITH NON-SUBJECT MERCHANDISE IN KITS, SUCH AS A HOLIDAY ORNAMENT CRAFT KIT OR A SCRAPBOOK KIT, IN WHICH THE INDIVIDUAL LENGTHS OF NARROW WOVEN RIBBON(S) INCLUDED IN THE KIT ARE EACH NO GREATER THAN EIGHT INCHES, THE AGGREGATE AMOUNT OF MARROW WOVEN RIBBON(S) INCLUDED IN THE KIT DOES NOT EXCEED 48 LINEAR INCHES, NONE OF THE NARROW WOVEN RIBBON(S) INCLUDED IN THE KIT IS ON A SPOOL, AND THE NARROW WOVEN RIBBON(S) IS ONLY ONE OF MULTIPLE ITEMS INCLUDED IN THE KIT. THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CLASSIFIABLE UNDER THE HTSUS STATISTICAL CATEGORIES 5806.32.1020; 5806.32.1030; 5806.32.1050 AND 5806.32.1060. SUBJECT MERCHANDISE ALSO MAY ENTER UNDER SUBHEADINGS 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; AND 5907.00.80 AND UNDER STATISTICAL CATEGORIES 5806.32.1080; 5810.92.9080; 5903.90.3090; AND 6307.90.9889. THE HTSUS STATISTICAL CATEGORIES AND SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES; HOWEVER, THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-583-844. 4. FOR IMPORTS OF NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE FROM TAIWAN, CBP SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER 02/18/2010. EFFECTIVE 07/19/2010, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGIN FOR THE PRODUCER AND/OR EXPORTER LISTED BELOW AND IN THE COMPANY-DETAILS TABLE APPENDED TO THE BOTTOM OF THIS MESSAGE. PRODUCER/EXPORTER: ROUNG SHU INDUSTRY CORPORATION CASE NUMBER: A-583-844-002 CASH DEPOSIT RATE: 4.37 PRODUCER/EXPORTER: ALL OTHERS CASE NUMBER: A-583-844-000 CASH DEPOSIT RATE: 4.37 5. COMMERCE FOUND THAT NO FINAL MARGINS EXIST WITH RESPECT TO IMPORTS OF NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE FROM TAIWAN PRODUCED AND EXPORTED BY THE COMBINATIONS OF FIRMS LISTED BELOW. PRODUCER: DEAR YEAR BROTHERS MANUFACTURING CO., LTD. EXPORTER: DEAR YEAR BROTHERS MANUFACTURING CO., LTD. CASE NUMBER: A-583-844-001 PRODUCER: SHIENQ HUONG ENTERPRISE CO., LTD. EXPORTER: SHIENQ HUONG ENTERPRISE CO., LTD. CASE NUMBER: A-583-844-003 NOTE: THE FOLLOWING COMPANIES HAVE BEEN COLLAPSED AND SHOULD BE TREATED AS ONE ENTITY WITH CASE NUMBER A-583-844-003: SHIENQ HUONG ENTERPRISE CO., LTD., HSIEN CHAN ENTERPRISE CO., LTD., AND NOVELTY HANDICRAFTS CO., LTD. FOR SHIPMENTS OF SUBJECT MERCHANDISE FROM THE PRODUCERS AND/OR EXPORTERS IDENTIFIED ABOVE IN ANY OTHER COMBINATION, CASH DEPOSITS OR BONDS SHOULD BE COLLECTED AT THE ALL-OTHERS RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE CURRENTLY IN EFFECT IS 4.37 PERCENT. 6. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY: A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE. B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE ‘ALL OTHERS' RATE OF 4.37 PERCENT TO ESTABLISH THE CASH DEPOSIT OR BONDING RATE. 7. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE–ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O2:HP). 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. MICHAEL B. WALSH