81 FR 4613 - Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range		4613-4614
FR Document		2016-01646

The Department of Commerce (the ``Department'') has conducted an administrative review of the antidumping duty order on certain polyester staple fiber from the People's Republic of China (``PRC''), for the period of review (``POR''), June 1, 2013, to May 31, 2014. On July 22, 2015, the Department published the preliminary results of this review, and received no comments from interested parties. Therefore, the final results do not differ from the preliminary results. The Department continues to determine that Zhaoqing Tifo New Fibre Co., Ltd. (``Zhaoqing Tifo'') failed to establish its eligibility for a separate rate for the POR, and thus, is a part of the PRC-wide entity, and that Takayasu Industrial (Jiangyin) Co., Ltd. (``Takayasu'') had no reviewable entries during the POR.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4613-4614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01646]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Final Results of the Antidumping Duty Administrative Review; 
2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has conducted 
an administrative review of the antidumping duty order on certain 
polyester staple fiber from the People's Republic of China (``PRC''), 
for the period of review (``POR''), June 1, 2013, to May 31, 2014. On 
July 22, 2015, the Department published the preliminary results of this 
review, and received no comments from interested parties. Therefore, 
the final results do not differ from the preliminary results. The 
Department continues to determine that Zhaoqing Tifo New Fibre Co., 
Ltd. (``Zhaoqing Tifo'') failed to establish its eligibility for a 
separate rate for the POR, and thus, is a part of the PRC-wide entity, 
and that Takayasu Industrial (Jiangyin) Co., Ltd. (``Takayasu'') had no 
reviewable entries during the POR.

DATES: Effective Date: January 27, 2016.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone, 202.482.2243.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is certain polyester staple 
fiber. The product is currently classified under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') numbers 5503.20.0045 and 
5503.20.0065. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written description of the scope of the order 
remains dispositive.\1\
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    \1\ For a full description of the scope, see Decision Memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Preliminary Results of 2013-2014 
Antidumping Duty Administrative Review: Certain Polyester Staple 
Fiber from the People's Republic of China,'' dated June 30, 2015 
(``Preliminary Decision Memorandum'').

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[[Page 4614]]

Background

    On July 22, 2015, the Department published the Preliminary Results 
of this administrative review.\2\ On November 17, 2015, we extended the 
final results to January 18, 2016.\3\ No party submitted comments on 
the Preliminary Results.
---------------------------------------------------------------------------

    \2\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 43392 (July 22, 2015) 
(``Preliminary Results'').
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, through James Doyle, Office Director, from Javier 
Barrientos, Case Analyst, ``Polyester Staple Fiber from the People's 
Republic of China: Extension of Deadline for the Final Results of 
Antidumping Duty Administrative Review,'' dated November 17, 2015.
---------------------------------------------------------------------------

Final Results of Review

A. Takayasu

    As noted in the Preliminary Results, Takayasu submitted a no-
shipment letter which stated that it only had one entry of subject 
merchandise during the POR, which was a sample sale.\4\ For these final 
results, because the record contains no evidence to the contrary, we 
continue to find Takayasu's single entry constitutes a sample shipment 
that lacked consideration, and thus Takayasu did not have any 
reviewable transactions during the POR.
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum at 4-5; see also 
Takayasu's September 29, 2014 submission.
---------------------------------------------------------------------------

    Consistent with the Department's assessment practice in non-market 
economy (``NME'') cases,\5\ where a respondent has no entries during 
the period of review, it is appropriate not to rescind the review in 
part in this circumstance but, rather, to complete the review with 
respect to that respondent and issue appropriate instructions to CBP 
based on the final results of the review.\6\ Accordingly, the 
Department has completed the review with respect to Takayasu and will 
issue appropriate instructions to CBP based on the final results of the 
review.\7\ For the final results, we will instruct CBP to liquidate 
Takayasu's sample entry without regard to antidumping duties.
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Reseller Policy'').
    \6\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
    \7\ See NME Reseller Policy.
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B. Zhaoqing Tifo

    As noted in the Preliminary Results, Zhaoqing Tifo did not respond 
to the antidumping duty questionnaire and failed to establish its 
eligibility for a separate rate.\8\ As such, consistent with the 
Department's practice regarding conditional review of the PRC-wide 
entity,\9\ we determine that Zhaoqing Tifo remains part of the PRC-wide 
entity. Under this practice, the PRC-wide entity will not be under 
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a review 
of the PRC-wide entity, the entity is not under review and the entity's 
rate is not subject to change. Therefore, for the final results, we 
will instruct CBP to liquidate Zhaoqing Tifo's entries at the rate 
previously established for the PRC-wide entity, 44.30 percent.
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    \8\ See Preliminary Decision Memorandum at 4.
    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
---------------------------------------------------------------------------

Assessment Rates

    Because Takayasu was found to have no reviewable transactions, and 
because Zhaoqing Tifo did not respond to the antidumping duty 
questionnaire, and is thus a part of the PRC-wide entity, we have not 
calculated any assessment (or cash deposit) rates in this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the 
``Act''): (1) For previously investigated or reviewed PRC and non-PRC 
exporters that received a separate rate in a prior completed segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity, which is 
44.30 percent; and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporter that supplied that non-PRC 
exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-01646 Filed 1-26-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices 4613

the multilayered wood flooring was first of initiation of a new shipper review no Dated: January 21, 2016.
entered, or withdrawn from warehouse, later than the last day of the month Gary Taverman,
for consumption; (2) the volume of its following the anniversary or semiannual Associate Deputy Assistant Secretary for
first shipment; and (3) the date of its anniversary month of the order. The Antidumping and Countervailing Duty
first sale to an unaffiliated customer in Department intends to issue the Operations.
the United States.7 preliminary results of these new shipper [FR Doc. 2016–01644 Filed 1–26–16; 8:45 am]
The Department conducted U.S. reviews no later than 180 days from the BILLING CODE 3510–DS–P
Customs and Border Protection (‘‘CBP’’) date of initiation, and the final results
database queries and confirmed that no later than 90 days from the issuance
Keri Wood and Simite Wooden’s of the preliminary results.10 DEPARTMENT OF COMMERCE
shipments of subject merchandise had It is the Department’s usual practice,
entered the United States for International Trade Administration
in cases involving non-market
consumption and that liquidation of [A–570–905]
economies, to require that a company
such entries had been properly
seeking to establish eligibility for an AD
suspended for antidumping duties. The Certain Polyester Staple Fiber From
rate separate from the country-wide rate
Department also confirmed by the People’s Republic of China: Final
provide evidence of de jure and de facto
examining CBP data that Keri Wood and Results of the Antidumping Duty
absence of government control over the
Simite Wooden entries were made Administrative Review; 2013–2014
company’s export activities.
during the POR specified by the
Accordingly, the Department will issue AGENCY: Enforcement and Compliance,
Department’s regulations.8
questionnaires to Keri Wood and Simite International Trade Administration,
Period of Review Wooden which will include a section Department of Commerce.
Pursuant to 19 CFR requesting information with regard to SUMMARY: The Department of Commerce
351.214(g)(1)(i)(A), the POR for the new these companies’ export activities for (the ‘‘Department’’) has conducted an
shipper reviews of Keri Wood and separate rates purposes. The review of administrative review of the
Simite Wooden is December 1, 2014, each exporter will proceed if the antidumping duty order on certain
through November 30, 2015. response provides sufficient indication polyester staple fiber from the People’s
that it is not subject to either de jure or Republic of China (‘‘PRC’’), for the
Initiation of New Shipper Reviews de facto government control with period of review (‘‘POR’’), June 1, 2013,
Pursuant to section 751(a)(2)(B) of the respect to its export of subject to May 31, 2014. On July 22, 2015, the
Act and 19 CFR 351.214(b), and the merchandise. Department published the preliminary
information on the record, the We will instruct CBP to allow, at the results of this review, and received no
Department finds that the requests option of the importer, the posting of a comments from interested parties.
submitted by Keri Wood and Simite bond or security in lieu of a cash Therefore, the final results do not differ
Wooden meet the threshold deposit for each entry of the subject from the preliminary results. The
requirements for initiation of new merchandise from Keri Wood and Department continues to determine that
shipper reviews for the shipments of Simite Wooden, in accordance with Zhaoqing Tifo New Fibre Co., Ltd.
multilayered wood flooring from the section 751(a)(2)(B)(iii) of the Act and (‘‘Zhaoqing Tifo’’) failed to establish its
PRC produced and exported by these 19 CFR 351.214(e). Because Keri Wood eligibility for a separate rate for the
companies.9 However, if the and Simite Wooden claimed that they POR, and thus, is a part of the PRC-wide
information supplied by Keri Wood and produced and exported the subject entity, and that Takayasu Industrial
Simite Wooden is later found to be merchandise, the Department will apply (Jiangyin) Co., Ltd. (‘‘Takayasu’’) had no
incorrect or insufficient during the the bonding privilege only for subject reviewable entries during the POR.
course of this proceeding, the merchandise that the respondent both DATES: Effective Date: January 27, 2016.
Department may rescind the review or produced and exported. To assist in its FOR FURTHER INFORMATION CONTACT:
apply adverse facts available pursuant analysis of the bona fides of Keri Wood Javier Barrientos, AD/CVD Operations,
to section 776 of the Act, depending and Simite Wooden sales, upon Office V, Enforcement and Compliance,
upon the facts on record. initiation of this new shipper review, International Trade Administration,
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will require Keri Wood Department of Commerce, 14th Street
the Department will publish the notice and Simite Wooden to submit on an and Constitution Avenue NW.,
ongoing basis complete transaction Washington, DC 20230; telephone,
7 See Keri Wood Initiation Request at Exhibit 1;

see also Simite Wooden Initiation Request at
information concerning any sales of 202.482.2243.
Exhibit Req-1. subject merchandise to the United SUPPLEMENTARY INFORMATION:
8 See January 15, 2016, Memoranda to the File, States that were made subsequent to the
regarding ‘‘U.S. Customs and Border Protection POR. Scope of the Order
Data’’ for Keri Wood and Simite Wooden; see also
Memorandum to the File entitled, ‘‘Initiation of Interested parties requiring access to The merchandise subject to the order
Antidumping New Shipper Review of Multilayered proprietary information in these new is certain polyester staple fiber. The
Wood Flooring from the People’s Republic of China: shipper reviews should submit product is currently classified under the
Jiangsu Keri Wood Co., Ltd. (‘‘Keri Wood Initiation applications for disclosure under Harmonized Tariff Schedule of the
Checklist’’) dated concurrently with this notice;
Memorandum to the File entitled, ‘‘Initiation of administrative protective order in United States (‘‘HTSUS’’) numbers
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Antidumping New Shipper Review of Multilayered accordance with 19 CFR 351.305 and 19 5503.20.0045 and 5503.20.0065.
Wood Flooring from the People’s Republic of China: CFR 351.306. Although the HTSUS numbers are
Zhejiang Simite Wooden Co., Ltd.’’ (‘‘Simite provided for convenience and customs
Wooden Initiation Checklist’’) dated concurrently This initiation and notice are in
with this notice. As noted in the Simite Wooden accordance with section 751(a)(2)(B) of purposes, the written description of the
Initiation Checklist, the Department is seeking the Act and 19 CFR 351.214 and 19 CFR scope of the order remains dispositive.1
additional information regarding the entry forming
the basis for Simite Wooden’s new shipper review.
351.221(c)(1)(i). 1 For a full description of the scope, see Decision
9 See Keri Wood Initiation Checklist; see also Memorandum from Christian Marsh, Deputy
Simite Wooden Initiation Checklist. 10 See section 751(a)(2)(B)(iv) of the Act. Continued

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4614 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices

Background liquidate Takayasu’s sample entry exporters of subject merchandise which
On July 22, 2015, the Department without regard to antidumping duties. have not received their own rate, the
published the Preliminary Results of cash deposit rate will be the rate
B. Zhaoqing Tifo
this administrative review.2 On applicable to the PRC exporter that
As noted in the Preliminary Results, supplied that non-PRC exporter.
November 17, 2015, we extended the Zhaoqing Tifo did not respond to the These deposit requirements, when
final results to January 18, 2016.3 No antidumping duty questionnaire and imposed, shall remain in effect until
party submitted comments on the failed to establish its eligibility for a further notice.
Preliminary Results. separate rate.8 As such, consistent with
the Department’s practice regarding Notification to Importers
Final Results of Review
conditional review of the PRC-wide This notice also serves as a final
A. Takayasu entity,9 we determine that Zhaoqing reminder to importers of their
As noted in the Preliminary Results, Tifo remains part of the PRC-wide responsibility under 19 CFR
Takayasu submitted a no-shipment entity. Under this practice, the PRC- 351.402(f)(2) to file a certificate
letter which stated that it only had one wide entity will not be under review regarding the reimbursement of
entry of subject merchandise during the unless a party specifically requests, or antidumping duties prior to liquidation
POR, which was a sample sale.4 For the Department self-initiates, a review of of the relevant entries during the POR.
these final results, because the record the entity. Because no party requested a Failure to comply with this requirement
contains no evidence to the contrary, we review of the PRC-wide entity, the could result in the Department’s
continue to find Takayasu’s single entry entity is not under review and the presumption that reimbursement of
constitutes a sample shipment that entity’s rate is not subject to change. antidumping duties occurred and the
lacked consideration, and thus Therefore, for the final results, we will subsequent assessment of double
Takayasu did not have any reviewable instruct CBP to liquidate Zhaoqing antidumping duties.
transactions during the POR. Tifo’s entries at the rate previously
established for the PRC-wide entity, Notification Regarding Administrative
Consistent with the Department’s
44.30 percent. Protective Order
assessment practice in non-market
economy (‘‘NME’’) cases,5 where a This notice serves as the only
Assessment Rates
respondent has no entries during the reminder to parties subject to
period of review, it is appropriate not to Because Takayasu was found to have administrative protective order (APO) of
rescind the review in part in this no reviewable transactions, and because their responsibility concerning the
circumstance but, rather, to complete Zhaoqing Tifo did not respond to the disposition of proprietary information
the review with respect to that antidumping duty questionnaire, and is disclosed under APO in accordance
respondent and issue appropriate thus a part of the PRC-wide entity, we with 19 CFR 351.305(a)(3). Timely
instructions to CBP based on the final have not calculated any assessment (or written notification of return/
results of the review.6 Accordingly, the cash deposit) rates in this review. The destruction of APO materials or
Department has completed the review Department intends to issue assessment conversion to judicial protective order is
with respect to Takayasu and will issue instructions to CBP 15 days after the hereby requested. Failure to comply
appropriate instructions to CBP based publication date of the final results of with the regulations and the terms of an
on the final results of the review.7 For this review. APO is a sanctionable violation.
the final results, we will instruct CBP to Cash Deposit Requirements Notification to Interested Parties
The following cash deposit These final results are issued and
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
requirements will be effective upon published in accordance with sections
Assistant Secretary for Enforcement and publication of the final results of this 751(a)(1) and 777(i)(1) of the Act.
Compliance, ‘‘Preliminary Results of 2013–2014 review for shipments of the subject
Antidumping Duty Administrative Review: Certain merchandise from the PRC entered, or Dated: January 15, 2016.
Polyester Staple Fiber from the People’s Republic
withdrawn from warehouse, for Paul Piquado,
of China,’’ dated June 30, 2015 (‘‘Preliminary
consumption on or after the publication Assistant Secretary for Enforcement and
Decision Memorandum’’).
2 See Certain Polyester Staple Fiber from the date, as provided by section 751(a)(2)(C) Compliance.
People’s Republic of China: Preliminary Results of of the Tariff Act of 1930, as amended [FR Doc. 2016–01646 Filed 1–26–16; 8:45 am]
the Antidumping Duty Administrative Review; (the ‘‘Act’’): (1) For previously BILLING CODE 3510–DS–P
2013–2014, 80 FR 43392 (July 22, 2015)
(‘‘Preliminary Results’’). investigated or reviewed PRC and non-
3 See Memorandum to Christian Marsh, Deputy PRC exporters that received a separate
Assistant Secretary, through James Doyle, Office rate in a prior completed segment of this DEPARTMENT OF COMMERCE
Director, from Javier Barrientos, Case Analyst, proceeding, the cash deposit rate will
‘‘Polyester Staple Fiber from the People’s Republic National Oceanic and Atmospheric
continue to be the existing exporter-
of China: Extension of Deadline for the Final Administration
Results of Antidumping Duty Administrative specific rate; (2) for all PRC exporters of
Review,’’ dated November 17, 2015. subject merchandise that have not been Notice of Intent To Grant Exclusive
4 See Preliminary Decision Memorandum at 4–5;
found to be entitled to a separate rate, License
see also Takayasu’s September 29, 2014 the cash deposit rate will be that for the
submission.
National Oceanic and
asabaliauskas on DSK5VPTVN1PROD with NOTICES

5 See Non-Market Economy Antidumping
PRC-wide entity, which is 44.30 AGENCY:
Proceedings: Assessment of Antidumping Duties, 76 percent; and (3) for all non-PRC Atmospheric Administration (NOAA),
FR 65694 (October 24, 2011) (‘‘NME Reseller Department of Commerce (DOC).
Policy’’). 8 See Preliminary Decision Memorandum at 4. ACTION: Notice of intent.
6 See, e.g., Wooden Bedroom Furniture from the 9 See Antidumping Proceedings: Announcement
People’s Republic of China: Final Results and Final of Change in Department Practice for Respondent SUMMARY: Notice is hereby given that
Rescission, In Part, of Administrative Review and Selection in Antidumping Duty Proceedings and
Final Results of New Shipper Review; 2013, 80 FR Conditional Review of the Nonmarket Economy
the U.S. Department of Commerce,
34619 (June 17, 2015). Entity in NME Antidumping Duty Proceedings, 78 National Oceanic and Atmospheric
7 See NME Reseller Policy. FR 65963, 65970 (November 4, 2013). Administration (NOAA), intends to

VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\27JAN1.SGM 27JAN1

Document Created: 2018-02-02 12:40:04
Document Modified: 2018-02-02 12:40:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: January 27, 2016.
Contact		Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone, 202.482.2243.
FR Citation		81 FR 4613

81 FR 4613 - Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 17 (January 27, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration