83 FR 17362 - Certain Aluminum Foil From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 76 (April 19, 2018)
International Trade Administration
Federal Register Volume 83, Issue 76 (April 19, 2018)
| Page Range | 17362-17364 | |
| FR Document | 2018-08115 |
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)] [Notices] [Pages 17362-17364] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08115] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-053] Certain Aluminum Foil From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (the ITC), Commerce is issuing an antidumping duty (AD) order on certain aluminum foil from the People's Republic of China (China). In addition, Commerce is amending its final determination of sales at less than fair value (LTFV) from China as a result of a ministerial error. DATES: Applicable April 19, 2018. FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or Michael J. Heaney, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-4475, respectively. SUPPLEMENTARY INFORMATION: Period of Investigation: The period of investigation (POI) is July 1, 2016, through December 31, 2016. Background On March 5, 2018, Commerce published in the Federal Register the Final Determination that aluminum foil from China is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (Act).\1\ On March 12, 2018, Hangzhou Dingsheng Import & Export Co. Ltd., Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd., Hangzhou Teemful Aluminum Co., Ltd., Hangzhou Five Star Aluminum Co., Ltd., Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd., Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd. and Walson (HK) Trading Co., Ltd. (collectively, Dingsheng), and Jiangsu Zhongji Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination Materials Stock Co., Ltd., and Jiangsu Huafeng Aluminium Industry Co., Ltd. (collectively, Zhongji) submitted ministerial error allegations concerning the Final Determination.\2\ On March 19, 2018, the Aluminum Association Trade Enforcement Working Group submitted comments to address these allegations.\3\ On April 9, 2018, the ITC notified Commerce of its affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of aluminum foil from China.\4\ --------------------------------------------------------------------------- \1\ See Certain Aluminum Foil from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018) (Final Determination), and accompanying Issues and Decision Memorandum. \2\ See Letter, ``Dingsheng Final Determination Ministerial Error Comments in the Antidumping Duty Investigation of Aluminum Foil from the People's Republic of China,'' dated March 12, 2018; see also Letter, ``Certain Aluminum Foil from the People's Republic of China: Ministerial Memorandum Comments,'' dated March 12, 2018. \3\ See Letter, ``Certain Aluminum Foil from the People's Republic of China--Petitioners' Rebuttal of Jiangsu Zhongji's Clerical Error Allegation,'' dated March 19, 2018. \4\ See Letter from the ITC, dated April 9, 2018; see also Aluminum Foil from China (Investigation Nos. 701-TA-570 and 731-TA- 1346 (Final), USITC Publication 4771, April 2018). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is aluminum foil from China. For a complete description of the scope of the order, see the Appendix to this notice. Amendment to the Final Determination After considering parties' comments and reviewing the record, pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and (f), Commerce is amending the Final Determination to reflect the correction of a ministerial error it made in calculating the final margin assigned to Dingsheng.\5\ In addition, because the rates for the companies receiving a separate rate and the rate of the China-wide entity are based on the margins for Dingsheng and Zhongji, we are also revising these rates.\6\ --------------------------------------------------------------------------- \5\ For a detailed discussion of the ministerial error allegations, see Memorandum, ``Antidumping Duty Investigation of Certain Aluminum Foil from People's Republic of China: Ministerial Error Memorandum,'' dated concurrently with this notice (Amended Final Memorandum). \6\ Id. --------------------------------------------------------------------------- As a result of this amended final determination, we have revised the estimated weighted average dumping margins as follows: [[Page 17363]] ---------------------------------------------------------------------------------------------------------------- Cash deposit Weighted- adjusted for Producer Exporter average margin subsidy offset (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Hangzhou Dingsheng Import & Export Co. Ltd./ Hangzhou Dingsheng Import & 105.80 94.44 Jiangsu Dingsheng New Materials Joint-Stock Export Co. Ltd./Jiangsu Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./ Dingsheng New Materials Joint- Hangzhou Five Star Aluminum Co., Ltd./ Stock Co., Ltd./Hangzhou Dingsheng Aluminum Industries (Hong Kong) Teemful Aluminum Co., Ltd./ Trading Co. Ltd./Walson (HK) Trading Co., Hangzhou Five Star Aluminum Ltd./Inner Mongolia Liansheng New Energy Co., Ltd./Dingsheng Aluminum Material Joint-Stock Co., Ltd. Industries (Hong Kong) Trading Co. Ltd./Walson (HK) Trading Co., Ltd./Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd. Jiangsu Zhongji Lamination Materials Stock Jiangsu Zhongji Lamination 48.64 37.99 Co., Ltd/Jiangsu Zhongji Lamination Materials Materials Co., (HK) Ltd. Co., Ltd./Jiangsu Huafeng Aluminium Industry Co., Ltd. Jiangsu Alcha Aluminum Co., Ltd............... Alcha International Holdings 84.76 73.66 Limited. Baotou Alcha Aluminum Co., Ltd................ Alcha International Holdings 84.76 73.66 Limited. Jiangyin Dolphin Pack Ltd. Co................. Jiangyin Dolphin Pack Ltd. Co... 84.76 73.66 Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 84.76 73.66 Ltd. Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 84.76 73.66 Corporation. Suntown Technology Group Limited.............. Hunan Suntown Marketing Limited. 84.76 73.66 Luoyang Longding Aluminium Industries Co., Ltd Luoyang Longding Aluminium 84.76 73.66 Industries Co., Ltd. Shandong Yuanrui Metal Material Co., Ltd...... Shandong Yuanrui Metal Material 84.76 73.66 Co., Ltd. Suntown Technology Group Limited.............. SNTO International Trade Limited 84.76 73.66 North China Aluminum Co., Ltd., Hunan Suntown Suzhou Manakin Aluminum 84.76 73.66 Marketing Limited, and Guangxi Baise Xinghe Processing Technology Co., Ltd. Aluminum Industry Co., Ltd. Xiamen Xiashun Aluminium Foil Co. Ltd......... Xiamen Xiashun Aluminium Foil 84.76 73.66 Co. Ltd. Yantai Donghai Aluminum Foil Co., Ltd......... Yantai Jintai International 84.76 73.66 Trade Co., Ltd. Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 84.76 73.66 Zhejiang Zhongjin Aluminum Industry Co., Ltd.. Zhejiang Zhongjin Aluminum 84.76 73.66 Industry Co., Ltd. --------------------------------------------------------------------------------- CHINA-WIDE ENTITY 105.80 95.15 ---------------------------------------------------------------------------------------------------------------- Antidumping Duty Order In accordance with section 735(d) of the Act, the ITC has notified Commerce of its final determination in this investigation, in which it found that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act. Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this AD order. Because the ITC determined that imports of aluminum foil from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. In accordance with section 736(a)(1) of the Act, Commerce will direct United States Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of aluminum foil from China. Antidumping duties will be assessed on unliquidated entries of aluminum foil from China entered, or withdrawn from warehouse, for consumption on or after November 2, 2017, the date of publication of the Preliminary Determination.\7\ --------------------------------------------------------------------------- \7\ See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858 (November 2, 2017) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of aluminum foil from China. These instructions suspending liquidation will remain in effect until further notice. Pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value (NV) exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of Chinese exporters/producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all non-Chinese exporters of the subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non- Chinese exporter. We normally adjust AD cash deposit rates by the amount of export subsidies, where appropriate. In the companion countervailing duty (CVD) investigation, we have found that both Dingsheng and Zhongji received export subsidies.\8\ With respect to Dingsheng and Zhongji, because their CVD rates in the companion investigation included an amount for export subsidies, an offset of 11.36 percent and 10.65 percent, respectively, will be made to their cash deposit rates. With respect to the separate-rate companies, we find that an export subsidy adjustment of 11.10 percent to the cash deposit rate is warranted because this amount represents a weighted-average of the subsidy offsets received by Dingsheng and Zhongji. For the China-wide entity, which continues to receive a rate based on adverse facts available (AFA) in this amended final determination, as an extension of the adverse inference found necessary pursuant to section 776(b) of the Act, Commerce has adjusted the China-wide entity's AD cash deposit [[Page 17364]] rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding, which was 10.65 percent. --------------------------------------------------------------------------- \8\ See Countervailing Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Final Affirmative Determination, 83 FR 9274 (March 5, 2018). --------------------------------------------------------------------------- Pursuant to section 777A(f) of the Act, we normally adjust AD cash deposit rates for estimated domestic subsidy pass-through, where appropriate. However, in this case there is no basis to grant a domestic subsidy pass-through adjustment.\9\ --------------------------------------------------------------------------- \9\ See Final Determination and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of aluminum foil from China, we extended the four-month period to no more than six months in this case.\10\ In the underlying investigation, Commerce published the Preliminary Determination on November 2, 2017. Therefore, the extended period beginning on the date of publication of the Preliminary Determination ends May 2, 2018. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \10\ See Preliminary Determination and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- Therefore, because the publication of the ITC's final injury determination occurred before the expiration of the extended provisional measures, suspension of liquidation continues through the issuance of the AD order. Notification to Interested Parties This notice constitutes the AD order with respect to aluminum foil from China pursuant to section 736(a) of the Act. Interested parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order and amended final determination are published in accordance with sections 736(a) and 735(e) of the Act and 19 CFR 351.211 and 351.224(e). Dated: April 12, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix--Scope of the Order The merchandise covered by this order is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of this order is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under the order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. [FR Doc. 2018-08115 Filed 4-18-18; 8:45 am] BILLING CODE 3510-DS-P
![17362 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
unliquidated entries of aluminum foil HTSUS subheadings 7606.11.3060, sold in the United States at LTFV, as
from China made on or after December 7606.11.6000, 7606.12.3045, 7606.12.3055, provided in section 735 of the Tariff Act
12, 2017. Suspension of liquidation will 7606.12.3090, 7606.12.6000, 7606.91.3090, of 1930, as amended (Act).1 On March
7606.91.6080, 7606.92.3090, and
resume on the date of publication of the 12, 2018, Hangzhou Dingsheng Import &
7606.92.6080.
ITC’s final determination in the Federal Although the HTSUS subheadings are Export Co. Ltd., Jiangsu Dingsheng New
Register. provided for convenience and customs Materials Joint-Stock Co., Ltd.,
purposes, the written description of the Hangzhou Teemful Aluminum Co., Ltd.,
Notification to Interested Parties
scope of this order is dispositive. Hangzhou Five Star Aluminum Co.,
This notice constitutes the CVD order [FR Doc. 2018–08116 Filed 4–18–18; 8:45 am] Ltd., Dingsheng Aluminum Industries
with respect to aluminum foil from (Hong Kong) Trading Co. Ltd., Inner
BILLING CODE 3510–DS–P
China pursuant to section 706(a) of the Mongolia Liansheng New Energy
Act. Interested parties can find a list of Material Joint-Stock Co., Ltd. and
CVD orders currently in effect at http:// DEPARTMENT OF COMMERCE Walson (HK) Trading Co., Ltd.
enforcement.trade.gov/stats/ (collectively, Dingsheng), and Jiangsu
iastats1.html. International Trade Administration Zhongji Lamination Materials Co., (HK)
This order and amended final Ltd., Jiangsu Zhongji Lamination
determination are published in [A–570–053]
Materials Stock Co., Ltd., and Jiangsu
accordance with section 706(a) and 19 Huafeng Aluminium Industry Co., Ltd.
Certain Aluminum Foil From the
CFR 351.211(b). (collectively, Zhongji) submitted
People’s Republic of China: Amended
Dated: April 12, 2018. Final Determination of Sales at Less ministerial error allegations concerning
Gary Taverman, Than Fair Value and Antidumping Duty the Final Determination.2 On March 19,
Deputy Assistant Secretary for Antidumping Order 2018, the Aluminum Association Trade
and Countervailing Duty Operations, Enforcement Working Group submitted
performing the non-exclusive functions and AGENCY: Enforcement and Compliance, comments to address these allegations.3
duties of the Assistant Secretary for International Trade Administration, On April 9, 2018, the ITC notified
Enforcement and Compliance. Department of Commerce. Commerce of its affirmative
SUMMARY: Based on affirmative final determination that an industry in the
Appendix
determinations by the Department of United States is materially injured
Scope of the Order Commerce (Commerce) and the within the meaning of section
The merchandise covered by this order is International Trade Commission (the 735(b)(1)(A)(i) of the Act by reason of
aluminum foil having a thickness of 0.2 mm ITC), Commerce is issuing an LTFV imports of aluminum foil from
or less, in reels exceeding 25 pounds, antidumping duty (AD) order on certain China.4
regardless of width. Aluminum foil is made aluminum foil from the People’s
from an aluminum alloy that contains more Scope of the Order
than 92 percent aluminum. Aluminum foil
Republic of China (China). In addition,
Commerce is amending its final The merchandise covered by this
may be made to ASTM specification ASTM
B479, but can also be made to other determination of sales at less than fair order is aluminum foil from China. For
specifications. Regardless of specification, value (LTFV) from China as a result of a complete description of the scope of
however, all aluminum foil meeting the a ministerial error. the order, see the Appendix to this
scope description is included in the scope, DATES: Applicable April 19, 2018.
notice.
including aluminum foil to which lubricant
has been applied to one or both sides of the FOR FURTHER INFORMATION CONTACT: Tom Amendment to the Final Determination
foil. Bellhouse or Michael J. Heaney, AD/ After considering parties’ comments
Excluded from the scope of this order is CVD Operations, Enforcement and and reviewing the record, pursuant to
aluminum foil that is backed with paper, Compliance, International Trade section 735(e) of the Act and 19 CFR
paperboard, plastics, or similar backing Administration, U.S. Department of 351.224(e) and (f), Commerce is
materials on one side or both sides of the Commerce, 1401 Constitution Avenue
aluminum foil, as well as etched capacitor
amending the Final Determination to
NW, Washington, DC 20230; telephone: reflect the correction of a ministerial
foil and aluminum foil that is cut to shape. (202) 482–2057 or (202) 482–4475,
Where the nominal and actual error it made in calculating the final
measurements vary, a product is within the
respectively. margin assigned to Dingsheng.5 In
scope if application of either the nominal or SUPPLEMENTARY INFORMATION: addition, because the rates for the
actual measurement would place it within Period of Investigation: The period of companies receiving a separate rate and
the scope based on the definitions set forth investigation (POI) is July 1, 2016, the rate of the China-wide entity are
above. The products under the order are through December 31, 2016. based on the margins for Dingsheng and
currently classifiable under Harmonized Zhongji, we are also revising these
Tariff Schedule of the United States (HTSUS) Background
subheadings 7607.11.3000, 7607.11.6000,
rates.6
7607.11.9030, 7607.11.9060, 7607.11.9090, On March 5, 2018, Commerce As a result of this amended final
and 7607.19.6000. Further, merchandise that published in the Federal Register the determination, we have revised the
falls within the scope of this proceeding may Final Determination that aluminum foil estimated weighted average dumping
also be entered into the United States under from China is being, or is likely to be, margins as follows:
daltland on DSKBBV9HB2PROD with NOTICES
1 See Certain Aluminum Foil from the People’s see also Letter, ‘‘Certain Aluminum Foil from the 701–TA–570 and 731–TA–1346 (Final), USITC
Republic of China: Final Determination of Sales at People’s Republic of China: Ministerial Publication 4771, April 2018).
Less Than Fair Value, 83 FR 9282 (March 5, 2018) Memorandum Comments,’’ dated March 12, 2018. 5 For a detailed discussion of the ministerial error
(Final Determination), and accompanying Issues 3 See Letter, ‘‘Certain Aluminum Foil from the allegations, see Memorandum, ‘‘Antidumping Duty
and Decision Memorandum. People’s Republic of China—Petitioners’ Rebuttal of Investigation of Certain Aluminum Foil from
2 See Letter, ‘‘Dingsheng Final Determination Jiangsu Zhongji’s Clerical Error Allegation,’’ dated People’s Republic of China: Ministerial Error
Ministerial Error Comments in the Antidumping March 19, 2018. Memorandum,’’ dated concurrently with this notice
Duty Investigation of Aluminum Foil from the 4 See Letter from the ITC, dated April 9, 2018; see (Amended Final Memorandum).
People’s Republic of China,’’ dated March 12, 2018; also Aluminum Foil from China (Investigation Nos. 6 Id.
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![17364 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
rate by the lowest export subsidy rate Dated: April 12, 2018. part, of the antidumping duty (AD)
determined for any party in the Gary Taverman, orders on polyester staple fiber (PSF)
companion CVD proceeding, which was Deputy Assistant Secretary for Antidumping from the Republic of Korea (Korea) and
10.65 percent. and Countervailing Duty Operations, Taiwan with respect to low-melt PSF.
performing the non-exclusive functions and We preliminarily determine that the
Pursuant to section 777A(f) of the Act, duties of the Assistant Secretary for Orders shall be revoked, in part, with
we normally adjust AD cash deposit Enforcement and Compliance. respect to low-melt PSF, as described
rates for estimated domestic subsidy below. Commerce invites interested
pass-through, where appropriate. Appendix—Scope of the Order
parties to comment on these preliminary
However, in this case there is no basis The merchandise covered by this order is
results.
to grant a domestic subsidy pass- aluminum foil having a thickness of 0.2 mm
or less, in reels exceeding 25 pounds, DATES: Effective April 19, 2018.
through adjustment.9
regardless of width. Aluminum foil is made FOR FURTHER INFORMATION CONTACT:
Provisional Measures from an aluminum alloy that contains more Emily Halle or Nicholas Czajkowski,
than 92 percent aluminum. Aluminum foil AD/CVD Operations, Enforcement and
Section 733(d) of the Act states that may be made to ASTM specification ASTM Compliance, International Trade
instructions issued pursuant to an B479, but can also be made to other
Administration, U.S. Department of
affirmative preliminary determination specifications. Regardless of specification,
however, all aluminum foil meeting the Commerce, 1401 Constitution Avenue
may not remain in effect for more than scope description is included in the scope, NW, Washington, DC 20230; telephone
four months except where exporters including aluminum foil to which lubricant (202) 482–0176 or (202) 482–1395,
representing a significant proportion of has been applied to one or both sides of the respectively.
exports of the subject merchandise foil. SUPPLEMENTARY INFORMATION:
request Commerce to extend that four- Excluded from the scope of this order is
month period to no more than six aluminum foil that is backed with paper, Background
paperboard, plastics, or similar backing
months. On May 25, 2000, Commerce
materials on one side or both sides of the
At the request of exporters that aluminum foil, as well as etched capacitor published the AD orders on PSF from
account for a significant proportion of foil and aluminum foil that is cut to shape. Korea and Taiwan.1 On December 8,
aluminum foil from China, we extended Where the nominal and actual 2017, DAK Americas, LLC; Nan Ya
the four-month period to no more than measurements vary, a product is within the Plastics Corporation, America; Auriga
scope if application of either the nominal or Polymers; and Palmetto Synthetics LLC
six months in this case.10 In the actual measurement would place it within (i.e., the domestic producers) requested
underlying investigation, Commerce the scope based on the definitions set forth that Commerce conduct changed
published the Preliminary above. The products under the order are circumstances reviews pursuant to
Determination on November 2, 2017. currently classifiable under Harmonized
section 751(b)(1) of the Tariff Act of
Therefore, the extended period Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6000, 1930, as amended (the Act) and 19 CFR
beginning on the date of publication of 351.216(b) with respect to any coarse
7607.11.9030, 7607.11.9060, 7607.11.9090,
the Preliminary Determination ends and 7607.19.6000. Further, merchandise that denier low-melt PSF that may be
May 2, 2018. Furthermore, section falls within the scope of this proceeding may currently covered by the Orders to avoid
737(b) of the Act states that definitive also be entered into the United States under any potential overlap in coverage
duties are to begin on the date of HTSUS subheadings 7606.11.3060, between the Orders and the pending
publication of the ITC’s final injury 7606.11.6000, 7606.12.3045, 7606.12.3055, less-than-fair-value investigations of
determination. 7606.12.3090, 7606.12.6000, 7606.91.3090, low-melt polyester staple fiber from
7606.91.6080, 7606.92.3090, and
Therefore, because the publication of Korea and Taiwan.2
7606.92.6080.
the ITC’s final injury determination Although the HTSUS subheadings are
On March 16, 2018, Commerce
occurred before the expiration of the provided for convenience and customs published the notice of initiation of the
purposes, the written description of the requested changed circumstances
extended provisional measures,
scope of this order is dispositive. reviews.3 Because the domestic
suspension of liquidation continues
[FR Doc. 2018–08115 Filed 4–18–18; 8:45 am] producers did not provide any
through the issuance of the AD order.
BILLING CODE 3510–DS–P
supporting documentation for their
Notification to Interested Parties statement that they accounted for
This notice constitutes the AD order DEPARTMENT OF COMMERCE
1 See Notice of Amended Final Determination of
with respect to aluminum foil from Sales at Less Than Fair Value: Certain Polyester
Staple Fiber from the Republic of Korea and
China pursuant to section 736(a) of the International Trade Administration Antidumping Duty Orders: Certain Polyester Staple
Act. Interested parties can find a list of Fiber from the Republic of Korea and Taiwan, 65
[A–580–839, A–583–833]
AD orders currently in effect at http:// FR 33807 (May 25, 2000) (Orders).
2 See Polyester Staple Fiber From the Republic of
enforcement.trade.gov/stats/ Polyester Staple Fiber From the Korea and Taiwan: Initiation of Changed
iastats1.html. Republic of Korea and Taiwan: Circumstances Reviews, and Consideration of
This order and amended final Preliminary Results of Changed Revocation of the Antidumping Duty Orders in Part,
Circumstances Reviews, and Intent To 83 FR 11678 (March 16, 2018) (Initiation Notice);
determination are published in see also Low Melt Polyester Staple Fiber from the
accordance with sections 736(a) and Revoke Antidumping Duty Orders in Republic of Korea and Taiwan: Initiation of Less-
Part
daltland on DSKBBV9HB2PROD with NOTICES
735(e) of the Act and 19 CFR 351.211 Than-Fair-Value Investigations, 82 FR 34277 (July
and 351.224(e). 24, 2017); Low Melt Polyester Staple Fiber from the
AGENCY: Enforcement and Compliance, Republic of Korea: Preliminary Affirmative
International Trade Administration, Determination of Sales at Less Than Fair Value,
Department of Commerce. Preliminary Affirmative Determination of Critical
9 See Final Determination and accompanying
Circumstances, in Part, Postponement of Final
Issues and Decision Memorandum. SUMMARY: On December 8, 2017, the Determination, and Extension of Provisional
10 See Preliminary Determination and Department of Commerce (Commerce) Measures, 83 FR 4906 (February 2, 2018).
accompanying Preliminary Decision Memorandum. received a request for revocation, in 3 Id.
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Document Created: 2018-04-19 00:41:24
Document Modified: 2018-04-19 00:41:24
| 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 April 19, 2018. | |
| Contact | Tom Bellhouse or Michael J. Heaney, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-4475, respectively. | |
| FR Citation | 83 FR 17362 |
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