83 FR 14415 - Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range		14415-14416
FR Document		2018-06838

As a result of determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty order on certain polyester staple fiber (PSF) from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the antidumping duty order.

Federal Register, Volume 83 Issue 65 (Wednesday, April 4, 2018)

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14415-14416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of determinations by the Department of Commerce 
(Commerce) and the International Trade Commission (ITC) that revocation 
of the antidumping duty order on certain polyester staple fiber (PSF) 
from the People's Republic of China (China) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the antidumping duty order.

DATES: Applicable Date: Applicable April 4, 2018.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2007, Commerce published in the Federal Register notice 
of the antidumping duty order on PSF from China.\1\ On September 6, 
2017, Commerce initiated the second five-year (sunset) review of the 
antidumping duty order on PSF from China, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\
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    \1\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Advance Notification of Sunset Reviews, 82 
FR 42078 (September 6, 2017).
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    Commerce conducted this sunset review on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and 
adequate response from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of its 
review, Commerce determined that revocation of the antidumping duty 
order would likely lead to a continuation or recurrence of dumping.\3\ 
Commerce, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the antidumping duty order be revoked. On 
March 15, 2018, the ITC published notice of its determination, pursuant 
to section 751(c) of the Act, that revocation of the antidumping duty 
order on PSF from China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \3\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Final Results of Expedited Sunset Review of the 
Antidumping Duty Order, 83 FR 8052 (February 23, 2018) (Final 
Results) and accompanying Issues and Decision Memorandum (IDM), 
dated February 16, 2018.
    \4\ See Certain Polyester Staple Fiber from China: Investigation 
No. 731-TA-1104 (Second Review), USITC Publication 4767 (March 
2018).
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Scope of the Order

    The merchandise subject to the order is 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 subject merchandise 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.
    The following products are excluded from the scope of the order: 
(1) Polyester staple fiber of less than 3.3 decitex (less than 3 
denier) currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) at 5503.20.0025 and known to the industry as 
polyester staple fiber for spinning and generally used in woven and 
knit applications to produce textile and apparel products; (2) 
polyester staple fiber of 10 to 18 denier that are cut to lengths of 6 
to 8 inches and that are generally used in the manufacture of 
carpeting; and (3) low-melt polyester staple fiber defined as a bi-
component fiber with an outer, non-polyester sheath that melts at a 
significantly lower temperature than its inner polyester core 
(classified at HTSUS 5503.20.0015).
    Certain polyester staple fiber is classifiable under the 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 merchandise under the order is dispositive.

Continuation of the Order

    As a result of determinations by Commerce and the ITC that 
revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the 
antidumping duty order on PSF from China. U.S. Customs and Border 
Protection will continue to collect antidumping duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the order will be the 
date of

[[Page 14416]]

publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next sunset review of the order not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: March 29, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-06838 Filed 4-3-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices 14415

2. Remarks from the Bureau of (Commerce) and the International Trade States within a reasonably foreseeable
Industry and Security Management. Commission (ITC) that revocation of the time.4
3. Industry Presentations. antidumping duty order on certain
4. New Business. Scope of the Order
polyester staple fiber (PSF) from the
Closed Session: People’s Republic of China (China) The merchandise subject to the order
5. Discussion of matters determined to would likely lead to a continuation or is synthetic staple fibers, not carded,
be exempt from the provisions recurrence of dumping and material combed or otherwise processed for
relating to public meetings found in injury to an industry in the United spinning, of polyesters measuring 3.3
5 U.S.C. app. 2 §§ 10(a)(1) and States, Commerce is publishing a notice decitex (3 denier, inclusive) or more in
10(a)(3). of continuation of the antidumping duty diameter. This merchandise is cut to
The open session will be accessible order. lengths varying from one inch (25 mm)
via teleconference to 20 participants on DATES: Applicable Date: Applicable to five inches (127 mm). The subject
a first come, first serve basis. To join the April 4, 2018. merchandise may be coated, usually
conference, submit inquiries to Ms. with a silicon or other finish, or not
FOR FURTHER INFORMATION CONTACT:
Yvette Springer at Yvette.Springer@ coated. Polyester staple fiber is
Benito Ballesteros, AD/CVD Operations,
bis.doc.gov no later than April 17, 2018. generally used as stuffing in sleeping
Office V, Enforcement and Compliance,
A limited number of seats will be bags, mattresses, ski jackets, comforters,
International Trade Administration,
available during the public session of cushions, pillows, and furniture.
U.S. Department of Commerce, 1401 The following products are excluded
the meeting. Reservations are not Constitution Avenue NW, Washington,
accepted. To the extent that time from the scope of the order: (1) Polyester
DC 20230; telephone: (202) 482–7425. staple fiber of less than 3.3 decitex (less
permits, members of the public may
SUPPLEMENTARY INFORMATION: than 3 denier) currently classifiable in
present oral statements to the
Committee. The public may submit Background the Harmonized Tariff Schedule of the
written statements at any time before or United States (HTSUS) at 5503.20.0025
On June 1, 2007, Commerce published and known to the industry as polyester
after the meeting. However, to facilitate
in the Federal Register notice of the staple fiber for spinning and generally
distribution of public presentation
antidumping duty order on PSF from used in woven and knit applications to
materials to the Committee members,
China.1 On September 6, 2017, produce textile and apparel products;
the Committee suggests that the
Commerce initiated the second five-year (2) polyester staple fiber of 10 to 18
materials be forwarded before the
(sunset) review of the antidumping duty denier that are cut to lengths of 6 to 8
meeting to Ms. Springer.
order on PSF from China, pursuant to inches and that are generally used in the
The Assistant Secretary for
section 751(c) of the Tariff Act of 1930, manufacture of carpeting; and (3) low-
Administration, with the concurrence of
as amended (the Act).2 melt polyester staple fiber defined as a
the General Counsel, formally
Commerce conducted this sunset bi-component fiber with an outer, non-
determined on February 13, 2018
review on an expedited basis, pursuant polyester sheath that melts at a
pursuant to Section 10(d) of the Federal
to section 751(c)(3)(B) of the Act and 19 significantly lower temperature than its
Advisory Committee Act, as amended (5
CFR 351.218(e)(1)(ii)(C)(2), because it inner polyester core (classified at
U.S.C. app. 2 § 10(d), that the portion of
received a complete, timely, and HTSUS 5503.20.0015).
this meeting dealing with pre-decisional
adequate response from a domestic Certain polyester staple fiber is
changes to the Commerce Control List
interested party but no substantive classifiable under the HTSUS numbers
and U.S. export control policies shall be
responses from respondent interested 5503.20.0045 and 5503.20.0065.
exempt from the provisions relating to
parties. As a result of its review, Although the HTSUS numbers are
public meetings found in 5 U.S.C. app.
Commerce determined that revocation provided for convenience and customs
2 §§ 10(a)(1) and 10(a)(3). The remaining
of the antidumping duty order would purposes, the written description of the
portions of the meeting will be open to
likely lead to a continuation or merchandise under the order is
the public.
recurrence of dumping.3 Commerce, dispositive.
For more information contact Yvette
therefore, notified the ITC of the
Springer on (202) 482–2813. Continuation of the Order
magnitude of the margins likely to
Yvette Springer, prevail should the antidumping duty As a result of determinations by
Committee Liaison Officer. order be revoked. On March 15, 2018, Commerce and the ITC that revocation
[FR Doc. 2018–06773 Filed 4–3–18; 8:45 am] the ITC published notice of its of the antidumping duty order would
BILLING CODE P determination, pursuant to section likely lead to a continuation or
751(c) of the Act, that revocation of the recurrence of dumping and material
antidumping duty order on PSF from injury to an industry in the United
DEPARTMENT OF COMMERCE China would likely lead to a States, pursuant to section 751(d)(2) of
continuation or recurrence of material the Act and 19 CFR 351.218(a),
International Trade Administration injury to an industry in the United Commerce hereby orders the
[A–570–905] continuation of the antidumping duty
1 See Notice of Antidumping Duty Order: Certain
order on PSF from China. U.S. Customs
Polyester Staple Fiber from the People’s Republic of
Certain Polyester Staple Fiber From China, 72 FR 30545 (June 1, 2007) (Order). and Border Protection will continue to
the People’s Republic of China: 2 See Antidumping or Countervailing Duty Order, collect antidumping duty cash deposits
Continuation of Antidumping Duty Finding, or Suspended Investigation; Advance at the rates in effect at the time of entry
amozie on DSK30RV082PROD with NOTICES

Order Notification of Sunset Reviews, 82 FR 42078 for all imports of subject merchandise.
(September 6, 2017).
The effective date of the continuation
AGENCY: Enforcement and Compliance, 3 See Certain Polyester Staple Fiber from the
of the order will be the date of
International Trade Administration, People’s Republic of China: Final Results of
Expedited Sunset Review of the Antidumping Duty
Department of Commerce. Order, 83 FR 8052 (February 23, 2018) (Final 4 See Certain Polyester Staple Fiber from China:
SUMMARY: As a result of determinations Results) and accompanying Issues and Decision Investigation No. 731–TA–1104 (Second Review),
by the Department of Commerce Memorandum (IDM), dated February 16, 2018. USITC Publication 4767 (March 2018).

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14416 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices

publication in the Federal Register of brief from JBF.2 No party filed a rebuttal continue to find that UFlex had no
this notice of continuation. Pursuant to brief. shipments during the POR.
section 751(c)(2) of the Act, Commerce Commerce exercised its discretion to Analysis of Comments Received
intends to initiate the next sunset toll all deadlines affected by the closure
review of the order not later than 30 All issues raised in the sole case brief
of the Federal Government from January
days prior to the fifth anniversary of the filed in this review are addressed in the
20 through 22, 2018. If the new deadline Issues and Decision Memorandum.6 A
effective date of continuation. falls on a non-business day, in
This five-year sunset review and this list of the issues addressed in the Issues
accordance with Commerce’s practice, and Decision Memorandum is appended
notice are in accordance with section the deadline will become the next
751(c) of the Act and published to this notice. The Issues and Decision
business day. The revised deadline for Memorandum is a public document and
pursuant to section 777(i)(1) of the Act the final results of this review is now
and 19 CFR 351.218(f)(4). is available electronically via
April 3, 2018.3 Enforcement and Compliance’s
Dated: March 29, 2018.
Scope of the Order Antidumping and Countervailing Duty
P. Lee Smith, Centralized Electronic Services System
Deputy Assistant Secretary for Policy and The products covered by the order are (ACCESS). ACCESS is available to
Negotiations. all gauges of raw, pre-treated, or primed registered users at http://
[FR Doc. 2018–06838 Filed 4–3–18; 8:45 am] polyethylene terephthalate film (PET access.trade.gov, and it is available to
BILLING CODE 3510–DS–P Film), whether extruded or co-extruded. all parties in the Central Records Unit
Excluded are metallized films and other of the main Commerce Building, Room
finished films that have had at least one B–8024. In addition, a complete version
DEPARTMENT OF COMMERCE of their surfaces modified by the of the Issues and Decision
application of a performance-enhancing Memorandum is also accessible on the
International Trade Administration resinous or inorganic layer more than internet at http://enforcement.trade.gov/
[A–520–803] 0.00001 inches thick. Also excluded is frn/index.html. The signed Issues and
roller transport cleaning film which has Decision Memorandum and the
Polyethylene Terephthalate Film, at least one of its surfaces modified by electronic versions of the Issues and
Sheet, and Strip From the United Arab application of 0.5 micrometers of SBR Decision Memorandum are identical in
Emirates: Final Results of latex. Tracing and drafting film is also content.
Antidumping Duty Administrative excluded. PET Film is classifiable under
Review and Final Determination of No Changes Since the Preliminary Results
subheading 3920.62.00.90 of the
Shipments; 2015–2016 Harmonized Tariff Schedule of the Based on our analysis of the
United States (HTSUS). While HTSUS comments received, we made one
AGENCY: Enforcement and Compliance,
subheadings are provided for change to our margin calculations for
International Trade Administration,
convenience and customs purposes, our JBF. Specifically, we revised our
Department of Commerce.
written description of the scope of the calculation of home market credit
SUMMARY: The Department of Commerce expenses.7 A complete discussion of
order is dispositive.
(Commerce) determines that JBF RAK this change can be found in the Issues
LLC (JBF) made sales of subject Final Determination of No Shipments and Decision Memorandum.
merchandise at less than normal value
during the period of review (POR), In the Preliminary Results, we Final Results of Review
November 1, 2015, through October 31, preliminarily found that one company, As a result of this review, we
2016, and that UFlex Limited (UFlex) UFlex, had no shipments during the determine that the following weighted-
had no shipments of subject POR.4 Consistent with Commerce’s average dumping margin exists for the
merchandise during the POR. assessment practice, Commerce period of November 1, 2015, through
DATES: Applicable Date: April 4, 2018. completed the review with respect to October 31, 2016:
UFlex.5 For these final results, we
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations, Weighted-
2 See ‘‘Polyethylene Terephthalate (PET) Film, average
Office VII, Enforcement and Sheet and Strip from the United Arab Emirates (A– dumping
Compliance, International Trade Producer or exporter
520–803); Case Brief of JBF RAK, LLC,’’ dated margin
Administration, U.S. Department of January 2, 2018. (percent ad
Commerce, 1401 Constitution Avenue 3 See Memorandum for The Record from valorem)
NW, Washington, DC 20230; telephone: Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the non- JBF RAK LLC ........................... 18.90
(202) 482–4261. exclusive functions and duties of the Assistant
SUPPLEMENTARY INFORMATION: Secretary for Enforcement and Compliance,
Assessment Rates
‘‘Deadlines Affected by the Shutdown of the
Background Federal Government’’ (Tolling Memorandum), Commerce shall determine, and U.S.
dated January 23, 2018. All deadlines in this Customs and Border Protection (CBP)
Commerce published the preliminary segment of the proceeding have been extended by
results of this administrative review on 3 days. shall assess, antidumping duties on all
December 1, 2017.1 We invited 4 See Preliminary Results at 3.
6 See Memorandum, ‘‘Antidumping Duty
interested parties to comment on the 5 See, e.g., Certain Frozen Warmwater Shrimp

from Thailand; Preliminary Results of Antidumping Administrative Review of Polyethylene
Preliminary Results. On January 2, 2017, Terephthalate Film, Sheet, and Strip from the
Duty Administrative Review, Partial Rescission of
amozie on DSK30RV082PROD with NOTICES

Commerce received a timely-filed case Review, Preliminary Determination of No United Arab Emirates: Issues and Decision
Shipments; 2012–2013, 79 FR 15951, 15952 (March Memorandum for the Final Results and Final
1 See Polyethylene Terephthalate Film, Sheet, and 24, 2014), unchanged in Certain Frozen Warmwater Determination of No Shipments; 2015–2016,’’
Strip from the United Arab Emirates: Preliminary Shrimp from Thailand: Final Results of (Issues and Decision Memorandum), dated
Results of Antidumping Duty Administrative Antidumping Duty Administrative Review, Final concurrently with and hereby adopted by this
Review and Preliminary Determination of No Determination of No Shipments, and Partial notice.
Shipments; 2015–2016, 82 FR 56949 (December 1, Rescission of Review; 2012–2013, 79 FR 51306, 7 See Issues and Decision Memorandum at

2017) (Preliminary Results). 51306–51307 (August 28, 2014). page 2.

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Document Created: 2018-11-01 09:11:54
Document Modified: 2018-11-01 09:11:54

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		Applicable Date: Applicable April 4, 2018.
Contact		Benito Ballesteros, 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) 482-7425.
FR Citation		83 FR 14415

83 FR 14415 - Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 65 (April 4, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration