82 FR 23187 - Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 97 (May 22, 2017)
International Trade Administration
Federal Register Volume 82, Issue 97 (May 22, 2017)
| Page Range | 23187-23188 | |
| FR Document | 2017-10351 |
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)] [Notices] [Pages 23187-23188] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10351] ======================================================================= ----------------------------------------------------------------------- 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; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) 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, 2015, through May 31, 2016. On March 3, 2017, the Department published the preliminary results of this review, and received no comments from interested parties. As the Department continues to determine that the sole remaining mandatory respondent under review failed to establish its eligibility for a separate rate for the POR, and thus, is part of the PRC-wide entity, the final results do not differ from the preliminary results. The final dumping margin of sales at the PRC-Wide Entity rate is listed below in the ``Final Results'' section of this notice. DATES: Effective May 22, 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 March 3, 2017, the Department published the Preliminary Results.\1\ No party submitted comments on the Preliminary Results. --------------------------------------------------------------------------- \1\ See Certain Polyester Staple Fiber from the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016, 82 FR 12435 (March 3, 2017) (Preliminary Results). --------------------------------------------------------------------------- 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.\2\ --------------------------------------------------------------------------- \2\ For a full description of the scope, see Memorandum from James Maeder, Senior Director, Office I, 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 February 27, 2017. --------------------------------------------------------------------------- Final Results of Review As noted in the Preliminary Results, the sole mandatory respondent, Hangzhou Huachuang Co., Ltd. (Hangzhou Huachuang), did not respond to the antidumping questionnaire, and failed to establish its eligibility for a separate rate.\3\ As such, consistent with the Department's practice regarding conditional review of the PRC-wide entity, the Department determines that Hangzhou Huachuang remains part of the PRC- wide entity.\4\ 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.\5\ 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 these final results, we will instruct U.S. Customs and Border Protection (CBP) to liquidate Hangzhou Huachuang's entries at the rate previously established for the PRC-wide entity, which is 44.30 percent. --------------------------------------------------------------------------- \3\ See Preliminary Results, 82 FR 12435. \4\ See Preliminary Decision Memorandum at 2-4. \5\ 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). --------------------------------------------------------------------------- The final weighted-average dumping margin is as follows: ------------------------------------------------------------------------ Estimated weighted- Exporter average margin (percent) ------------------------------------------------------------------------ PRC-Wide Entity \6\........................................ 44.30 ------------------------------------------------------------------------ Assessment Rates --------------------------------------------------------------------------- \6\ The PRC-wide entity includes mandatory respondent, Hangzhou Huachuang. --------------------------------------------------------------------------- Because Hangzhou Huachuang 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 administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC- Wide rate of 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 exporters that supplied that non-PRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Disclosure Because the Department determined that the sole remaining respondent under review, Hangzhou Huachuang, is part of the PRC-wide entity, and has been assigned the PRC-wide rate; no disclosure of calculations is necessary for these final results. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this 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 doubled antidumping duties. [[Page 23188]] Administrative Protective Orders This notice also serves as a reminder to parties subject to 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 16, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-10351 Filed 5-19-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices 23187
IV. Adjournment Scope of the Order Assessment Rates
Dated: May 17, 2017.
The merchandise subject to the order Because Hangzhou Huachuang did
David Mussatt, is certain polyester staple fiber. The not respond to the antidumping duty
Supervisory Chief, Regional Programs Unit. product is currently classified under the questionnaire, and is thus a part of the
[FR Doc. 2017–10414 Filed 5–19–17; 8:45 am] Harmonized Tariff Schedule of the PRC-wide entity, we have not calculated
BILLING CODE 6335–01–P United States (HTSUS) numbers any assessment (or cash deposit) rates in
5503.20.0045 and 5503.20.0065. this review. The Department intends to
Although the HTSUS numbers are issue assessment instructions to CBP 15
provided for convenience and customs days after the publication date of the
DEPARTMENT OF COMMERCE final results of this review.
purposes, the written description of the
International Trade Administration scope of the order remains dispositive.2 Cash Deposit Requirements
Final Results of Review
[A–570–905] The following cash deposit
As noted in the Preliminary Results, requirements will be effective upon
Certain Polyester Staple Fiber From the sole mandatory respondent, publication of the final results of this
the People’s Republic of China: Final Hangzhou Huachuang Co., Ltd. administrative review for all shipments
Results of the Antidumping Duty (Hangzhou Huachuang), did not of the subject merchandise from the PRC
Administrative Review; 2015–2016 respond to the antidumping entered, or withdrawn from warehouse,
questionnaire, and failed to establish its for consumption on or after the
AGENCY: Enforcement and Compliance,
eligibility for a separate rate.3 As such, publication date, as provided for by
International Trade Administration,
consistent with the Department’s section 751(a)(2)(C) of the Act: (1) For
U.S. Department of Commerce.
practice regarding conditional review of previously investigated or reviewed PRC
SUMMARY: The Department of Commerce and non-PRC exporters not listed above
(the Department) conducted an the PRC-wide entity, the Department
determines that Hangzhou Huachuang that have separate rates, the cash
administrative review of the deposit rate will continue to be the
antidumping duty order on certain remains part of the PRC-wide entity.4
exporter-specific rate published for the
polyester staple fiber from the People’s Under this practice, the PRC-wide entity
most recent period; (2) for all PRC
Republic of China (PRC), for the period will not be under review unless a party
exporters of subject merchandise which
of review (POR), June 1, 2015, through specifically requests, or the Department
have not been found to be entitled to a
May 31, 2016. On March 3, 2017, the self-initiates, a review of the entity.5 separate rate, the cash deposit rate will
Department published the preliminary Because no party requested a review of be the PRC-Wide rate of 44.30 percent;
results of this review, and received no the PRC-wide entity, the entity is not and (3) for all non-PRC exporters of
comments from interested parties. As under review and the entity’s rate is not subject merchandise which have not
the Department continues to determine subject to change. Therefore, for these received their own rate, the cash deposit
that the sole remaining mandatory final results, we will instruct U.S. rate will be the rate applicable to the
respondent under review failed to Customs and Border Protection (CBP) to PRC exporters that supplied that non-
establish its eligibility for a separate rate liquidate Hangzhou Huachuang’s entries PRC exporter. The deposit requirements,
for the POR, and thus, is part of the at the rate previously established for the when imposed, shall remain in effect
PRC-wide entity, the final results do not PRC-wide entity, which is 44.30 until further notice.
differ from the preliminary results. The percent.
final dumping margin of sales at the Disclosure
PRC-Wide Entity rate is listed below in The final weighted-average dumping
the ‘‘Final Results’’ section of this margin is as follows: Because the Department determined
notice. that the sole remaining respondent
Estimated under review, Hangzhou Huachuang, is
DATES: Effective May 22, 2017. weighted- part of the PRC-wide entity, and has
FOR FURTHER INFORMATION CONTACT: Julia Exporter average
margin been assigned the PRC-wide rate; no
Hancock or Courtney Canales, AD/CVD (percent) disclosure of calculations is necessary
Operations, Office V, Enforcement and for these final results.
Compliance, International Trade PRC-Wide Entity 6 ...................... 44.30
Administration, U.S. Department of Notification to Importers
Commerce, 1401 Constitution Avenue
NW., Washington DC 20230; telephone: 2 For a full description of the scope, see This notice also serves as a final
(202) 482–1394 or (202) 482–4997, Memorandum from James Maeder, Senior Director, reminder to importers of their
respectively.
Office I, AD/CVD Operations, to Ronald K. responsibility under 19 CFR 351.402(f)
Lorentzen, Acting Assistant Secretary for to file a certificate regarding the
SUPPLEMENTARY INFORMATION: Enforcement and Compliance, entitled, ‘‘Certain
reimbursement of antidumping duties
Polyester Staple Fiber from the People’s Republic
Background of China: Decision Memorandum for the prior to liquidation of the relevant
Preliminary Results of the 2015–2016 Antidumping entries during this POR. Failure to
On March 3, 2017, the Department Duty Administrative Review,’’ (Preliminary comply with this requirement could
published the Preliminary Results.1 No Decision Memorandum) dated February 27, 2017. result in the Department’s presumption
mstockstill on DSK30JT082PROD with NOTICES
party submitted comments on the 3 See Preliminary Results, 82 FR 12435.
that reimbursement of antidumping
Preliminary Results. 4 See Preliminary Decision Memorandum at 2–4.
duties occurred and the subsequent
5 See Antidumping Proceedings: Announcement
assessment of doubled antidumping
1 See Certain Polyester Staple Fiber from the of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
duties.
People’s Republic of China: Preliminary Results and
Partial Rescission of the Antidumping Duty Conditional Review of the Nonmarket Economy
Administrative Review; 2015–2016, 82 FR 12435 Entity in NME Antidumping Duty Proceedings, 78 6 The PRC-wide entity includes mandatory
(March 3, 2017) (Preliminary Results). FR 65963, 65970 (November 4, 2013). respondent, Hangzhou Huachuang.
VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1](https://thefederalregister.org/doc/82_FR_23284/page/1.svg)
![23188 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
Administrative Protective Orders duty (CVD) investigation.1 The description of the scope of this
This notice also serves as a reminder petitioner in this investigation is the investigation, see Appendix I to this
to parties subject to administrative Rebar Trade Action Coalition and its notice.
protective order (APO) of their individual members.2 The mandatory
respondent in this investigation is Analysis of Subsidy Programs and
responsibility concerning the return or Comments Received
destruction of proprietary information Habaş Sinai ve Tibbi Gazlar Istihsal
disclosed under APO in accordance Endüstrisi A.Ş. (Habas),3 including The subsidy programs under
with 19 CFR 351.305(a)(3), which certain cross-owned companies and
investigation, as well as the issues
continues to govern business subcontractors.4 Both Habas and the
raised in the case briefs and rebuttal
proprietary information in this segment Government of Turkey (the GOT)
briefs submitted by interested parties in
of the proceeding. Timely written participated in this investigation. A
this proceeding, are discussed in the
notification of the return or destruction complete summary of the events that
occurred since publication of the Issues and Decision Memorandum. A
of APO materials, or conversion to list of the issues raised by parties and
judicial protective order, is hereby Preliminary Determination, as well as a
full discussion of the issues raised by responded to by the Department in the
requested. Failure to comply with the Issues and Decision Memorandum is
parties for this final determination, may
regulations and terms of an APO is a attached at Appendix II to this notice.
be found in the Issues and Decision
violation which is subject to sanction.
We are issuing and publishing these Memorandum, which is dated Verification
final results of administrative review in concurrently with and hereby adopted
accordance with sections 751(a)(1) and by this notice.5 The Issues and Decision As provided in section 782(i) of the
777(i) of the Act. Memorandum is a public document and Tariff Act of 1930, as amended (the Act),
is available electronically via during February and March 2017, the
Dated: May 16, 2017. Enforcement and Compliance’s Department verified the subsidy
Ronald K. Lorentzen, Antidumping and Countervailing Duty information reported by the GOT and
Acting Assistant Secretary for Enforcement Centralized Electronic Service System Habas. We used standard verification
and Compliance. (ACCESS). ACCESS is available to procedures, including an examination of
[FR Doc. 2017–10351 Filed 5–19–17; 8:45 am] registered users at http:// relevant accounting records and original
BILLING CODE 3510–DS–P access.trade.gov and to all parties in the source documents provided by the
Central Records Unit, room B–8024 of respondents.
the Department’s main building. In
DEPARTMENT OF COMMERCE addition, a complete version of the Use of Adverse Facts Available
Issues and Decision Memorandum can
International Trade Administration be accessed at http:// In making this final determination,
enforcement.trade.gov/frn/. The signed the Department relied, in part, on facts
[C–489–830]
Issues and Decision Memorandum and available. As discussed in the Issues and
Steel Concrete Reinforcing Bar From the electronic version are identical in Decision Memorandum,6 we determine
the Republic of Turkey: Final content. that Habas withheld necessary
Affirmative Countervailing Duty information with respect to certain
Scope of the Investigation import duty rebates/drawbacks received
Determination
The scope of the investigation covers during the POI and, accordingly, did not
AGENCY: Enforcement and Compliance, rebar from Turkey. The Department did act to the best of its ability in
International Trade Administration, not receive any scope comments and responding to the Department’s request
Department of Commerce. has not updated the scope of the for information. Therefore, we drew an
SUMMARY: The Department of Commerce investigation since the Preliminary adverse inference, where appropriate, in
(the Department) determines that Determination. For a complete selecting from among the facts
countervailable subsidies are being
otherwise available.7 For further
provided to exporters and producers of 1 See Steel Concrete Reinforcing Bar from the
steel concrete reinforcing bar (rebar) information, see the ‘‘Use of Facts
Republic of Turkey: Preliminary Affirmative
from the Republic of Turkey (Turkey). Countervailing Duty Determination and Alignment Otherwise Available and Adverse
The period of investigation (POI) is of Final Countervailing Duty Determination with Inferences’’ in the accompanying Issues
Final Antidumping Duty Determination, 82 FR and Decision Memorandum.
January 1, 2015, through December 31, 12195 (March 1, 2017) (Preliminary Determination).
2015. For information on the estimated 2 The Rebar Trade Action Coalition is comprised
Changes Since the Preliminary
subsidy rates, see the ‘‘Final of Byer Steel Group, Inc., Commercial Metals Determination
Determination’’ section of this notice. Company, Gerdau Ameristeel U.S. Inc., Nucor
Corporation, and Steel Dynamics, Inc.
DATES: Effective May 22, 2017. 3 Habas is the sole Turkish rebar producer/
Based on our analysis of the
FOR FURTHER INFORMATION CONTACT: exporter excluded from the existing CVD order on comments received and our findings at
Kaitlin Wojnar, AD/CVD Operations, rebar from Turkey. See Steel Concrete Reinforcing verification, we made certain changes to
Bar from the Republic of Turkey: Countervailing the subsidy rate calculations since the
Office VII, Enforcement and Duty Order, 79 FR 65926 (November 6, 2014) (2014
Compliance, International Trade Turkey CVD Order). Preliminary Determination. These
Administration, U.S. Department of 4 The Habas companies include Habas, Habaş changes are discussed in the ‘‘Analysis
Commerce, 1401 Constitution Avenue Elektrik Üretim A.Ş., Habaş Endüstri Tesisleri A.Ş., of Programs’’ section of the Issues and
Habaş Petrol A.Ş., Mertaş Turizm Nakliyat ve Decision Memorandum.8
NW., Washington, DC 20230; telephone:
mstockstill on DSK30JT082PROD with NOTICES
Ticaret A.Ş., Cebitaş Demir Çelik Endüstrisi A.Ş.,
(202) 482–3857. Ege Çelik Endüstrisi Sanayi ve Ticaret A.Ş., and
6 See Issues and Decision Memorandum at 5–8.
SUPPLEMENTARY INFORMATION: Osman Sönmez (Inşaat Taahhüt Ticaret).
5 See Department Memorandum, ‘‘Issues and 7 See Sections 776(a) and (b) of the Act.
Background Decision Memorandum for the Final Affirmative 8 See Issues and Decision Memorandum at 8; see
Determination in the Countervailing Duty also Department Memorandum, ‘‘Steel Concrete
On March 1, 2017, the Department Investigation of Steel Concrete Reinforcing Bar from Reinforcing Bar from the Republic of Turkey:
published its affirmative Preliminary the Republic of Turkey,’’ May 15, 2017 (Issues and Calculations for the Final Countervailing Duty
Determination of this countervailing Decision Memorandum). Determination,’’ May 15, 2017.
VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1](https://thefederalregister.org/doc/82_FR_23284/page/2.svg)
Document Created: 2018-11-08 08:50:00
Document Modified: 2018-11-08 08:50:00
| 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 May 22, 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 23187 |
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