2018-05834. Rubber Bands From China, Sri Lanka, and Thailand; Determinations

On the basis of the record ^[1] developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is threatened with material injury by reason of imports of rubber bands from China and Thailand provided for in subheadings 4016.99.35 and 4016.99.60 (statistical reporting numbers 4016.99.3510 and 4016.99.6050) of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and to be subsidized by the governments of China and Thailand. The Commission further determines that imports of rubber bands from Sri Lanka that are alleged to be sold in the United States at LTFV and to be subsidized by the government of Sri Lanka are negligible pursuant to section 771(24) of the Act, and its antidumping and countervailing duty investigations with regard to rubber bands from this country are thereby terminated pursuant to section 703(a)(1) of the Act.

Commencement of Final Phase Investigations

Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations regarding imports of rubber bands from China and Thailand. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission's rules, upon notice from the U.S. Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

Background

On January 30, 2018, Alliance Rubber Co., Hot Springs, Arkansas filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV and subsidized imports of rubber bands from China, Sri Lanka, and Thailand. Accordingly, effective January 30, 2018, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation Nos. 701-TA-598-600 and antidumping duty investigation Nos. 731-TA-1408-1410 (Preliminary).

Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of February 5, 2018 (83 FR 5143). The conference was held in Washington, DC, on February 20, 2018, and all persons who requested the opportunity were permitted to appear in person or by counsel.

The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on March 19, 2018.^[2] The views of the Commission are contained in USITC Publication 4770 (March 2018), entitled Rubber Bands from China, Sri Lanka, and Thailand: Investigation Nos. 701-TA-598-600 and 731-TA-1408-1410 (Preliminary).

By order of the Commission.

Issued: March 19, 2018.

Lisa R. Barton,

Secretary to the Commission.

Footnotes

1.  The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).

2.  Due to the Federal government weather-related closure on March 2, 2018, these investigations have been tolled by one day pursuant to 19 U.S.C. 1671b(a)(2), 1673b(a)(2).