82 FR 12435 - Certain Polyester Staple Fiber From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 41 (March 3, 2017)
International Trade Administration
Federal Register Volume 82, Issue 41 (March 3, 2017)
| Page Range | 12435-12437 | |
| FR Document | 2017-04134 |
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)] [Notices] [Pages 12435-12437] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04134] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-905] Certain Polyester Staple Fiber From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminary determines that the sole remaining mandatory respondent under review does not qualify for a separate rate and is, therefore, considered a part of the People's Republic of China (PRC)-Wide Entity for its exports of subject merchandise exported to the United States during the period of review (POR), June 1, 2015, through May 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective March 3, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4997, respectively. SUPPLEMENTARY INFORMATION: Background On August 11, 2016, the Department published in the Federal Register the notice of initiation of an administrative review of the antidumping duty (AD) order on certain polyester staple fiber (PSF) from the PRC for the period of review June 1, 2015, through May 31, 2016.\1\ On September 20, 2016, DAK Americas, LLC (Petitioner) withdrew its request for an administrative review of Cixi Sansheng.\2\ The other mandatory respondent, Hangzhou Huachuang, did not respond to the Department's AD questionnaire. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 53121 (August 11, 2016) (Initiation Notice). \2\ See Petitioner's September 20, 2016, submission. --------------------------------------------------------------------------- Scope of the Order The product covered by 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.\3\ --------------------------------------------------------------------------- \3\ For a full description of the scope of the Order, see Memorandum from Gary Taverman, Associate Deputy Assistant Secretary, AD/CVD Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled, ``Certain Polyester Staple Fiber from the People's Republic of China: Decision Memorandum for the Preliminary Results of the 2015-2016 Antidumping Duty Administrative Review,'' (Preliminary Decision Memorandum) dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Petitioner withdrew its request for an administrative review of Cixi Sansheng within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department is rescinding this review of the AD order on PSF from the PRC with respect to Cixi Sansheng. Methodology The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act). In making our findings, because Hangzhou Huachuang did not respond to our AD questionnaire and is not receiving a separate rate, we are preliminarily treating Hangzhou Huachuang as part of the PRC-wide entity. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement [[Page 12436]] and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the period June 1, 2015, through May 31, 2016: ------------------------------------------------------------------------ Estimated weighted- Exporter average margin (percent) ------------------------------------------------------------------------ PRC-Wide Entity........................................ 44.30 ------------------------------------------------------------------------ Disclosure \4\ Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination 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 351.224(b). However, because the Department preliminarily determined that the sole remaining respondent under review, Hangzhou Huachuang, is part of the PRC-wide entity, there are no calculations to disclose. --------------------------------------------------------------------------- \4\ The PRC-wide entity includes mandatory respondent, Hangzhou Huachuang Co., Ltd., (Hangzhou Huachuang). --------------------------------------------------------------------------- Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 50 days after the date of publication of the preliminary determination, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\6\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- For any individually examined respondent whose weighted average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\7\ Where either a respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\8\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.212(b)(1). \8\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- 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 sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) 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; and (4) 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 preliminary 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. This preliminary determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order [[Page 12437]] 4. Discussion of the Methodology a. Partial Rescission b. NME Country Status c. Separate Rates 5. Recommendation [FR Doc. 2017-04134 Filed 3-2-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices 12435
Dated: February 27, 2017. DEPARTMENT OF COMMERCE Scope of the Order
Ronald K. Lorentzen, The product covered by the order is
Acting Assistant Secretary for Enforcement International Trade Administration certain polyester staple fiber. The
and Compliance. product is currently classified under the
[A–570–905] Harmonized Tariff Schedule of the
Appendix I
United States (HTSUS) numbers
Scope of the Investigation Certain Polyester Staple Fiber From 5503.20.0045 and 5503.20.0065.
the People’s Republic of China: Although the HTSUS numbers are
The merchandise covered by this Preliminary Results and Partial
investigation is master alloys 11 of copper provided for convenience and customs
Rescission of the Antidumping Duty purposes, the written description of the
containing between five percent and 17
Administrative Review; 2015–2016 scope of the order remains dispositive.3
percent phosphorus by nominal weight,
regardless of form (including but not limited AGENCY: Enforcement and Compliance, Partial Rescission of Administrative
to shot, pellet, waffle, ingot, or nugget), and International Trade Administration, Review
regardless of size or weight. Subject Department of Commerce.
merchandise consists predominantly of Pursuant to 19 CFR 351.213(d)(1), the
copper (by weight), and may contain other SUMMARY: The Department of Commerce Department will rescind an
elements, including but not limited to iron (the Department) preliminary administrative review, in whole or in
(Fe), lead (Pb), or tin (Sn), in small amounts determines that the sole remaining part, if the party or parties that
(up to one percent by nominal weight). mandatory respondent under review requested a review withdraws the
Phosphor copper is frequently produced to does not qualify for a separate rate and request within 90 days of the
JIS H2501 and ASTM B–644, Alloy 3A is, therefore, considered a part of the publication date of the notice of
standards or higher; however, merchandise People’s Republic of China (PRC)-Wide initiation of the requested review. As
covered by this investigation includes all Entity for its exports of subject noted above, Petitioner withdrew its
phosphor copper, regardless of whether the merchandise exported to the United request for an administrative review of
merchandise meets, fails to meet, or exceeds States during the period of review Cixi Sansheng within 90 days of the
these standards. (POR), June 1, 2015, through May 31, publication date of the notice of
Merchandise covered by this investigation 2016. If these preliminary results are initiation. No other parties requested an
is currently classified in the Harmonized adopted in the final results, the administrative review of the order.
Tariff Schedule of the United States (HTSUS) Department will instruct U.S. Customs Therefore, in accordance with 19 CFR
under subheading 7405.00.1000. This HTSUS and Border Protection (CBP) to assess 351.213(d)(1), the Department is
subheading is provided for convenience and antidumping duties on all appropriate rescinding this review of the AD order
customs purposes; the written description of entries of subject merchandise during on PSF from the PRC with respect to
the scope of this investigation is dispositive. the POR. Interested parties are invited to Cixi Sansheng.
comment on these preliminary results. Methodology
Appendix II
DATES: Effective March 3, 2017. The Department is conducting this
List of Topics Discussed in the Issues and review in accordance with sections
Decision Memorandum FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Courtney Canales, AD/CVD 751(a)(1)(B) and 751(a)(2)(A) of the
I. Summary Operations, Office V, Enforcement and Tariff Act of 1930, as amended (the Act).
II. Background In making our findings, because
Compliance, International Trade
III. Period of Investigation Hangzhou Huachuang did not respond
Administration, U.S. Department of
IV. Postponement of Final Determination to our AD questionnaire and is not
Commerce, 1401 Constitution Avenue
V. Scope of the Investigation receiving a separate rate, we are
NW., Washington, DC 20230; telephone:
VI. Final Negative Determination of Critical preliminarily treating Hangzhou
(202) 482–1394 or (202) 482–4997,
Circumstances Huachuang as part of the PRC-wide
respectively.
VII. List of Comments entity. For a full description of the
VIII. Discussion of Comments SUPPLEMENTARY INFORMATION: methodology underlying our
1. Whether the Department Should Adjust preliminary conclusions, see the
Bongsan’s General and Administrative Background Preliminary Decision Memorandum.
Expense Ratio to Exclude Items Related On August 11, 2016, the Department For a complete description of the
to Prior Periods published in the Federal Register the events that followed the initiation of
2. Whether the Department Should notice of initiation of an administrative this investigation, see the Preliminary
Recalculate Bongsan’s Financial Expense review of the antidumping duty (AD) Decision Memorandum. A list of topics
Ratio to Account for Gains and Losses on order on certain polyester staple fiber included in the Preliminary Decision
Certain Derivative Transactions (PSF) from the PRC for the period of Memorandum is included as Appendix
3. Date of Sale for Certain U.S. Customer
review June 1, 2015, through May 31, I to this notice.
4. Duty Drawback The Preliminary Decision
2016.1 On September 20, 2016, DAK
5. Ministerial Error Regarding U.S. Billing Memorandum is a public document and
Americas, LLC (Petitioner) withdrew its
Adjustments is on file electronically via Enforcement
request for an administrative review of
6. Revision to Indirect Selling Expense
Cixi Sansheng.2 The other mandatory
Ratios 3 For a full description of the scope of the Order,
respondent, Hangzhou Huachuang, did see Memorandum from Gary Taverman, Associate
mstockstill on DSK3G9T082PROD with NOTICES
IX. Recommendation
not respond to the Department’s AD Deputy Assistant Secretary, AD/CVD Operations, to
[FR Doc. 2017–04130 Filed 3–2–17; 8:45 am] questionnaire. Ronald K. Lorentzen, Acting Assistant Secretary for
BILLING CODE 3510–DS–P Enforcement and Compliance, entitled, ‘‘Certain
Polyester Staple Fiber from the People’s Republic
1 See Initiation of Antidumping and
of China: Decision Memorandum for the
Countervailing Duty Administrative Reviews, 81 FR Preliminary Results of the 2015–2016 Antidumping
11 A ‘‘master alloy’’ is a base metal, such as 53121 (August 11, 2016) (Initiation Notice). Duty Administrative Review,’’ (Preliminary
copper, to which a relatively high percentage of one 2 See Petitioner’s September 20, 2016, Decision Memorandum) dated concurrently with,
or two other elements is added. submission. and hereby adopted by, this notice.
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![Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices 12437
4. Discussion of the Methodology Act), on January 11, 2017, the ITC determined that imports of geogrids
a. Partial Rescission Department published its affirmative from the PRC are materially injuring a
b. NME Country Status final determination that countervailable U.S. industry, unliquidated entries of
c. Separate Rates
subsidies are being provided to such merchandise from the PRC,
5. Recommendation
producers and exporters of geogrids entered or withdrawn from warehouse
[FR Doc. 2017–04134 Filed 3–2–17; 8:45 am] from the PRC.1 On February 24, 2017, for consumption, are subject to the
BILLING CODE 3510–DS–P the ITC notified the Department of its assessment of countervailing duties.
affirmative determination that an Therefore, in accordance with section
industry in the United States is 706(a) of the Act, the Department will
DEPARTMENT OF COMMERCE materially injured within the meaning direct U.S. Customs and Border
International Trade Administration of section 735(b)(1)(A)(ii) of the Act, by Protection (CBP) to assess, upon further
reason of subsidized imports of subject instruction by the Department,
[C–570–037] merchandise from the PRC, and its countervailing duties for all relevant
determination that critical entries of geogrids from the PRC.
Certain Biaxial Integral Geogrid circumstances do not exist with respect
Products From the People’s Republic Countervailing duties will be assessed
to imports of subject merchandise from on unliquidated entries of geogrids from
of China: Countervailing Duty Order the PRC that are subject to the the PRC entered, or withdrawn from
AGENCY: Enforcement and Compliance, Department’s affirmative critical warehouse, for consumption on or after
International Trade Administration, circumstances finding.2 June 24, 2016, the date of publication of
Department of Commerce. Scope of the Order the Preliminary Determination,4 but will
SUMMARY: Based on affirmative final not include entries occurring after the
determinations by the Department of The scope of this order covers expiration of the provisional measures
Commerce (the Department) and the geogrids from the PRC. For a complete period and before publication of the
International Trade Commission (ITC), description of the scope, see Appendix. ITC’s final injury determination as
the Department is issuing the further described below.
countervailing duty order on certain Countervailing Duty Order
biaxial integral geogrid products Suspension of Liquidation
On February 24, 2017, in accordance
(geogrids) from the People’s Republic of with sections 705(b)(1)(A)(i) and 705(d) In accordance with section 706 of the
China (PRC). of the Act, the ITC notified the Act, the Department will instruct CBP to
DATES: Effective March 3, 2017. Department of its final determination in reinstitute the suspension of liquidation
FOR FURTHER INFORMATION CONTACT: this investigation, in which it found that of geogrids from the PRC. We will also
Ryan Mullen at (202) 482–5260, AD/ an industry in the United States is instruct CBP to require, pursuant to
CVD Operations, Office V, Enforcement materially injured by reason of imports section 706(a)(1) of the Act,
and Compliance, International Trade of geogrids from the PRC, and that countervailing duties for each entry of
Administration, U.S. Department of critical circumstances do not exist with the subject merchandise in an amount
Commerce, 1401 Constitution Avenue respect to imports of subject based on the net countervailable
NW., Washington, DC 20230. merchandise that are subject to the subsidy rates for the subject
SUPPLEMENTARY INFORMATION: Department’s affirmative critical merchandise. These instructions
circumstances finding.3 Therefore, in suspending liquidation will remain in
Background accordance with section 705(c)(2) of the effect until further notice. The all-others
In accordance with section 705(d) of Act, the Department is issuing this rate applies to all producers and
the Tariff Act of 1930, as amended (the countervailing duty order. Because the exporters of subject merchandise.
Company Subsidy rate
BOSTD Geosynthetics Qingdao Ltd. and Beijing Orient Science & Technology Development Co., Ltd ........................................... 15.61
Taian Modern Plastic Co., Ltd ............................................................................................................................................................. 56.24
All Others ............................................................................................................................................................................................. 35.93
Chengdu Tian Road Engineering Materials Co., Ltd.* ........................................................................................................................ 152.50
Chongqing Jiudi Reinforced Soil Engineering Co., Ltd.* .................................................................................................................... 152.50
CNBM International Corporation* ........................................................................................................................................................ 152.50
Dezhou Yaohua Geosynthetics Ltd.* .................................................................................................................................................. 152.50
Dezhou Zhengyu Geosynthetics Ltd.* ................................................................................................................................................. 152.50
Hongye Engineering Materials Co., Ltd.* ............................................................................................................................................ 152.50
Hubei Nete Geosynthetics Ltd.* .......................................................................................................................................................... 152.50
Jiangsu Dingtai Engineering Material Co., Ltd.* ................................................................................................................................. 152.50
Jiangsu Jiuding New Material Ltd.* ..................................................................................................................................................... 152.50
Lewu New Material Ltd.* ..................................................................................................................................................................... 152.50
Nanjing Jinlu Geosynthetics Ltd.* ........................................................................................................................................................ 152.50
Nanjing Kunchi Composite Material Ltd.* ............................................................................................................................................ 152.50
Nanyang Jieda Geosynthetics Co., Ltd.* ............................................................................................................................................ 152.50
Qingdao Hongda Plastics Corp.* ......................................................................................................................................................... 152.50
mstockstill on DSK3G9T082PROD with NOTICES
Shandong Dexuda Geosynthetics Ltd.* .............................................................................................................................................. 152.50
1 See Countervailing Duty Investigation of Certain Compliance, from Rhonda K. Schmidtlein, 4 See Countervailing Duty Investigation of Certain
Biaxial Integral Geogrid Products from the People’s Chairman of the U.S. International Trade Biaxial Integral Geogrid Products from the People’s
Republic of China: Final Affirmative Determination Commission, regarding geogrids from the PRC, Republic of China: Preliminary Determination and
and Final Determination of Critical Circumstances, (February 24, 2017) (ITC Letter). Alignment of Final Determination with Final
in Part, 82 FR 3282 (January 11, 2017).
2 See Letter to Ronald Lorentzen, Acting Assistant
3 See ITC Letter. Antidumping Duty Determination, 81 FR 41292
(June 24, 2016).
Secretary of Commerce for Enforcement and
VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1](https://thefederalregister.org/doc/82_FR_12476/page/3.svg)
Document Created: 2018-02-01 14:45:32
Document Modified: 2018-02-01 14:45:32
| 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 March 3, 2017. | |
| Contact | Julia Hancock or Courtney Canales, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4997, respectively. | |
| FR Citation | 82 FR 12435 |
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