81_FR_93027 81 FR 92783 - Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of Expedited Sunset Review of the Antidumping Duty Orders

81 FR 92783 - Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of Expedited Sunset Review of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92783-92784
FR Document2016-30625

The Department of Commerce (the Department) finds that revocation of the antidumping duty order (AD) orders on certain cased polyester staple fiber from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping at the level indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016) 
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92783-92784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


Certain Polyester Staple Fiber From the Republic of Korea and 
Taiwan: Final Results of Expedited Sunset Review of the Antidumping 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the antidumping duty order (AD) orders on certain cased 
polyester staple fiber from the Republic of Korea (Korea) and Taiwan 
would be likely to lead to continuation or recurrence of dumping at the 
level indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2016, the Department initiated a sunset review of the 
AD Orders \1\ on certain polyester staple fiber from Korea and Taiwan 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ Auriga Polymers Inc. (Auriga), DAK Americas, LLC (DAK 
Americas), and Nan Ya Plastics Corporation, America (Nan Ya America) 
notified the Department of their intent to participate in both sunset 
reviews as domestic interested parties on August 12, 2016, pursuant to 
19 CFR 351.218(d)(1)(i).\3\ Each of these companies claimed interested 
party status under section 771(9)(C) of the Act, as domestic producers 
of the domestic like product.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber From the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber 
From the Republic of Korea and Taiwan, 65 FR 33807, 33808 (May 25, 
2000); see also Certain Polyester Staple Fiber from Korea: Notice of 
Amended Final Determination and Amended Order Pursuant to Final 
Court Decision, 68 FR 74552, 74553 (December, 24, 2003) (AD Orders).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 50462 
(August 1, 2016).
    \3\ See letter from Auriga, DAK Americas, LLC, and Nan Ya 
America, re: ``Five-Year (``Sunset'') Review of Antidumping Duty 
Order on Polyester Staple Fiber From the Republic of Korea--Notice 
of Intent to Participate,'' dated August 12, 2016; see also letter 
from Auriga, DAK Americas, and Nan Ya America, re: ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Polyester Staple 
Fiber From Taiwan--Notice of Intent to Participate,'' dated August 
12, 2016.
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    On August 31, 2016, the Department received a collective 
substantive response from Auriga, DAK Americas, and Nan Ya America, 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ The 
Department did not receive a substantive response from any respondent 
interested party to the sunset proceeding. Because the Department 
received no response from the respondent interested parties, the 
Department conducted an expedited review of these AD Orders, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(C)(2).
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    \4\ See letter from Auriga, DAK Americas, LLC, and Nan Ya 
America, re: ``Five-Year Sunset Review of Antidumping Duty Order on 
Polyester Staple Fiber From the Republic of Korea--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated August 31, 2016; see also letter from Auriga, DAK Americas, 
and Nan Ya America, re: ``Five-Year Sunset Review of Antidumping 
Duty Order on Polyester Staple Fiber From Taiwan--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated August 31, 2016.
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Scope of the Orders

    Imports covered by the orders are defined as synthetic staple 
fibers, not carded, combed or otherwise processed for spinning, of 
polyesters measuring 3.3 decitex (3 denier, inclusive) or more in 
diameter. This merchandise is cut to lengths varying from one inch (25 
mm) to five inches (127 mm). The merchandise subject to the order may 
be coated, usually with a silicon, or other finish, or not coated. 
Polyester staple fiber is generally used as stuffing in sleeping bags, 
mattresses, ski jackets, comforters, cushions, pillows, and furniture. 
Merchandise of less than 3.3 decitex (less than 3 denier) currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at subheading 5503.20.00.25 is specifically excluded from 
the order. Also, specifically excluded from the order are polyester 
staple fibers of 10 to18 denier that are cut to lengths of 6 to 8 
inches (fibers used in the manufacture of carpeting). In addition, low-
melt polyester staple fiber is excluded from the order. Low-melt 
polyester staple fiber is defined as a bi-component fiber with an outer 
sheath that melts at a significantly lower temperature than its inner 
core. The merchandise subject to the order is currently classifiable in 
the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written description of the merchandise covered by the scope of the 
order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with this notice.\5\ 
The issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the AD Orders were revoked. Parties 
can find a complete discussion of all issues raised in this expedited 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file electronically via the Enforcement and 
Compliance Antidumping and

[[Page 92784]]

Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. A list of topics discussed in the Issues and 
Decision Memorandum is included as an Appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/
frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Five-Year Sunset Review of the Antidumping Duty Orders on 
Certain Polyester Staple Fiber from the Republic of Korea and 
Taiwan,'' dated November 29, 2016.
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the AD Orders on certain staple fiber from 
Korea and Taiwan would be likely to lead to continuation or recurrence 
of dumping at weighted-average percent margins up to 7.48 percent and 
9.90 percent, respectively.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: November 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VI. Final Results of Review
VII. Recommendation

[FR Doc. 2016-30625 Filed 12-19-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92783 Manufacturing Corporation, Ltd. Operations, Enforcement and section 751(c)(3)(B) of the Act and 19 114. Top-Wok Metal Co., Ltd. Compliance, International Trade CFR 351.218(e)(l)(ii)(C)(2). 115. Traffic Brick Network, LLC Administration, U.S. Department of 116. Union Industry (Asia) Co., Ltd. Scope of the Orders 117. USA Worldwide Door Components Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: Imports covered by the orders are (Pinghu) Co., Ltd. 118. Wenzhou Shengbo Decoration & (202) 482–1785. defined as synthetic staple fibers, not Hardware carded, combed or otherwise processed SUPPLEMENTARY INFORMATION: 119. Whirlpool (Guangdong) for spinning, of polyesters measuring 120. WTI Building Products, Ltd. Background 3.3 decitex (3 denier, inclusive) or more 121. Xin Wei Aluminum Co.30 On August 1, 2016, the Department in diameter. This merchandise is cut to 122. Xin Wei Aluminum Company Limited31 lengths varying from one inch (25 mm) 123. Xinya Aluminum & Stainless Steel initiated a sunset review of the AD to five inches (127 mm). The Product Co., Ltd. Orders 1 on certain polyester staple fiber merchandise subject to the order may be 124. Yongji Guanghai Aluminium Industry from Korea and Taiwan pursuant to coated, usually with a silicon, or other Co., Ltd.32 section 751(c) of the Tariff Act of 1930, 125. Zahoqing China Square Industry finish, or not coated. Polyester staple as amended (the Act).2 Auriga Polymers Limited/Zhaoqing China Square Industry fiber is generally used as stuffing in Inc. (Auriga), DAK Americas, LLC (DAK Limited sleeping bags, mattresses, ski jackets, Americas), and Nan Ya Plastics 126. Zhaoqing Asia Aluminum Factory comforters, cushions, pillows, and Company Ltd. Corporation, America (Nan Ya America) furniture. Merchandise of less than 3.3 127. Zhaoqing China Square Industrial Ltd. notified the Department of their intent decitex (less than 3 denier) currently 128. Zhejiang Anji Xinxiang Aluminum Co., to participate in both sunset reviews as classifiable in the Harmonized Tariff Ltd. domestic interested parties on August Schedule of the United States 129. Zhejiang Yongkang Listar Aluminum 12, 2016, pursuant to 19 CFR (‘‘HTSUS’’) at subheading 5503.20.00.25 Industry Co., Ltd. 351.218(d)(1)(i).3 Each of these 130. Zhejiang Zhengte Group Co., Ltd. is specifically excluded from the order. companies claimed interested party Also, specifically excluded from the 131. Zhenjiang Xinlong Group Co., Ltd. status under section 771(9)(C) of the 132. Zhongshan Daya Hardware Co., Ltd. order are polyester staple fibers of 10 133. Zhongshan Gold Mountain Aluminum Act, as domestic producers of the to18 denier that are cut to lengths of 6 Factory Ltd. domestic like product. to 8 inches (fibers used in the 134. Zhuhai Runxingtai Electrical Equipment On August 31, 2016, the Department manufacture of carpeting). In addition, Co., Ltd. received a collective substantive low-melt polyester staple fiber is [FR Doc. 2016–30581 Filed 12–19–16; 8:45 am] response from Auriga, DAK Americas, excluded from the order. Low-melt BILLING CODE 3510–DS–P and Nan Ya America, within the 30-day polyester staple fiber is defined as a bi- deadline specified in 19 CFR component fiber with an outer sheath 351.218(d)(3)(i).4 The Department did that melts at a significantly lower DEPARTMENT OF COMMERCE not receive a substantive response from temperature than its inner core. The any respondent interested party to the merchandise subject to the order is International Trade Administration sunset proceeding. Because the currently classifiable in the HTSUS at [A–580–839, A–583–833] Department received no response from subheadings 5503.20.00.45 and the respondent interested parties, the 5503.20.00.65. The HTSUS subheadings Certain Polyester Staple Fiber From Department conducted an expedited are provided for convenience and the Republic of Korea and Taiwan: review of these AD Orders, pursuant to customs purposes only; the written Final Results of Expedited Sunset description of the merchandise covered Review of the Antidumping Duty 1 See Notice of Amended Final Determination of by the scope of the order is dispositive. Orders Sales at Less Than Fair Value: Certain Polyester Staple Fiber From the Republic of Korea and Analysis of Comments Received AGENCY: Enforcement and Compliance, Antidumping Duty Orders: Certain Polyester Staple Fiber From the Republic of Korea and Taiwan, 65 All issues raised in this review are International Trade Administration, FR 33807, 33808 (May 25, 2000); see also Certain addressed in the Issues and Decision Department of Commerce. Polyester Staple Fiber from Korea: Notice of Memorandum, which is dated SUMMARY: The Department of Commerce Amended Final Determination and Amended Order concurrently with this notice.5 The (the Department) finds that revocation Pursuant to Final Court Decision, 68 FR 74552, 74553 (December, 24, 2003) (AD Orders). issues discussed in the Issues and of the antidumping duty order (AD) 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 Decision Memorandum include the orders on certain cased polyester staple FR 50462 (August 1, 2016). likelihood of continuation or recurrence fiber from the Republic of Korea (Korea) 3 See letter from Auriga, DAK Americas, LLC, and of dumping and the magnitude of the and Taiwan would be likely to lead to Nan Ya America, re: ‘‘Five-Year (‘‘Sunset’’) Review margins likely to prevail if the AD continuation or recurrence of dumping of Antidumping Duty Order on Polyester Staple Fiber From the Republic of Korea—Notice of Intent Orders were revoked. Parties can find a at the level indicated in the ‘‘Final to Participate,’’ dated August 12, 2016; see also complete discussion of all issues raised Results of Review’’ section of this letter from Auriga, DAK Americas, and Nan Ya in this expedited sunset review and the notice. America, re: ‘‘Five-Year (‘‘Sunset’’) Review of corresponding recommendations in this Antidumping Duty Order on Polyester Staple Fiber DATES: Effective December 20, 2016. From Taiwan—Notice of Intent to Participate,’’ public memorandum, which is on file FOR FURTHER INFORMATION CONTACT: dated August 12, 2016. electronically via the Enforcement and Mary Kolberg, Office I, AD/CVD 4 See letter from Auriga, DAK Americas, LLC, and Compliance Antidumping and Nan Ya America, re: ‘‘Five-Year Sunset Review of mstockstill on DSK3G9T082PROD with NOTICES Antidumping Duty Order on Polyester Staple Fiber 5 See Memorandum to Paul Piquado, Assistant 30 No shipments company. From the Republic of Korea—Domestic Interested Secretary for Enforcement and Compliance, from 31 No shipments company. Parties’ Substantive Response to Notice of Christian Marsh, Deputy Assistant Secretary for 32 In the third administrative review, the role of Initiation,’’ dated August 31, 2016; see also letter Antidumping and Countervailing Duty Operations, this company was that of an input supplier. Absent from Auriga, DAK Americas, and Nan Ya America, ‘‘Issues and Decision Memorandum for the Final information to the contrary placed on the record of re: ‘‘Five-Year Sunset Review of Antidumping Duty Results of the Expedited Five-Year Sunset Review this administrative review, we are treating this Order on Polyester Staple Fiber From Taiwan— of the Antidumping Duty Orders on Certain company as an input supplier, and are, therefore, Domestic Interested Parties’ Substantive Response Polyester Staple Fiber from the Republic of Korea rescinding the review of this company. to Notice of Initiation,’’ dated August 31, 2016. and Taiwan,’’ dated November 29, 2016. VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

92784 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices Countervailing Duty Centralized Dated: November 29, 2016. U.S. Department of Commerce, 1401 Electronic Service System (ACCESS). Paul Piquado, Constitution Avenue NW., Washington, ACCESS is available to registered users Assistant Secretary for Enforcement and DC 20230; telephone: (202) 482–1785. at http://access.trade.gov and in the Compliance. SUPPLEMENTARY INFORMATION: Central Records Unit, room B8024 of the Appendix—List of Topics Discussed in main Department of Commerce the Issues and Decision Memorandum Background building. A list of topics discussed in the Issues and Decision Memorandum is I. Summary On October 27, 2016, the Department included as an Appendix to this notice. II. History of the Order published the final results of the NSR of III. Background the antidumping duty order on certain In addition, a complete version of the IV. Scope of the Order Issues and Decision Memorandum can V. Discussion of the Issues cased pencils from the PRC. The review be accessed directly on the Internet at 1. Likelihood of Continuation or covers Wah Yuen Stationery Co., Ltd. http://enforcement.trade.gov/frn/ Recurrence of Dumping and its affiliate, Shandong Wah Yuen index.html. The signed Issues and 2. Magnitude of the Margins Likely to Stationery Co., Ltd. (collectively, Wah Decision Memorandum and the Prevail Yuen) for the period of review (POR) electronic versions of the Issues and VI. Final Results of Review VII. Recommendation December 1, 2014, through May 31, Decision Memorandum are identical in 2015. content. [FR Doc. 2016–30625 Filed 12–19–16; 8:45 am] BILLING CODE 3510–DS–P On October 28, 2016, Wah Yuen filed Final Results of Review an allegation that the Department’s Pursuant to sections 751(c)(1) and calculation of the margin for Wah Yuen 752(c)(1) and (3) of the Act, we DEPARTMENT OF COMMERCE contained ministerial errors. In its determine that revocation of the AD ministerial error comments, Wah Yuen Orders on certain staple fiber from International Trade Administration alleged that the Department erred in its Korea and Taiwan would be likely to [A–570–827] calculation of the extended values for lead to continuation or recurrence of alkyd resin and acrylic resin. Wah Yuen dumping at weighted-average percent Certain Cased Pencils From the argued that the Department calculated margins up to 7.48 percent and 9.90 People’s Republic of China: Amended the freight component of the two input percent, respectively. Final Results of Antidumping Duty values incorrectly because it omitted the New Shipper Review; 2014–2015 factors of production variable in both Notification Regarding Administrative Protective Order AGENCY: Enforcement and Compliance, calculations. The Department reviewed International Trade Administration, the allegation and revised the This notice serves as the only Department of Commerce. calculation of the two inputs by reminder to parties subject to an SUMMARY: The Department of Commerce multiplying the freight component for administrative protective order (APO) of their responsibility concerning the (Department) is amending the final each input by the respective factor of return or destruction of proprietary results of the new shipper review (NSR) production variable.1 information disclosed under APO in of the antidumping duty order on Amended Final Results accordance with 19 CFR 351.305. certain cased pencils from the People’s Timely notification of return/ Republic of China (PRC) to correct The corrected weighted-average destruction of APO materials or ministerial errors. The Department has dumping margin for Wah Yuen is as conversion to judicial protective order is reviewed Wah Yuen’s allegation and follows: hereby requested. Failure to comply determined that there were errors in the with the regulations and the terms of an calculation of Wah Yuen’s weighted- APO is a sanctionable violation. average dumping margin. We are issuing and publishing these DATES: Effective December 20, 2016. 1 See Memorandum to The File From Mary final results and notice in accordance FOR FURTHER INFORMATION CONTACT: Kolberg, International Trade Analyst, re: ‘‘Analysis for the Amended Final Results of the Antidumping with sections 751(c), 752(c), and Mary Kolberg, AD/CVD Operations, Duty New Shipper Review of Certain Cased Pencils 777(i)(1) of the Act, and 19 CFR Office I, Enforcement and Compliance, from the People’s Republic of China,’’ dated 351.218. International Trade Administration, October 31, 2016. mstockstill on DSK3G9T082PROD with NOTICES VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1


Document Created: 2018-02-14 09:10:04
Document Modified: 2018-02-14 09:10:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective December 20, 2016.
ContactMary Kolberg, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1785.
FR Citation81 FR 92783 
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