83 FR 24737 - Fine Denier Polyester Staple Fiber From India: Final Affirmative Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 104 (May 30, 2018)
International Trade Administration
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24737-24740 | |
| FR Document | 2018-11710 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Notices] [Pages 24737-24740] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11710] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-875] Fine Denier Polyester Staple Fiber From India: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that fine denier polyester staple fiber (fine denier PSF) from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable May 30, 2018. FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0989. SUPPLEMENTARY INFORMATION: Background On January 5, 2018, Commerce published the Preliminary Determination of this antidumping duty investigation, as provided by section 735 of the Tariff Act of 1930, as amended (the Act). Commerce preliminarily found that fine denier PSF from India was sold at LTFV.\1\ A summary of the events that have occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement 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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. --------------------------------------------------------------------------- \1\ See Fine Denier Polyester Staple Fiber from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures 83 FR 662 (January 5, 2018), and accompanying Preliminary Decision Memorandum (collectively, Preliminary Determination). \2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from India: Issues and Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the final determination in this investigation is now May 23, 2018.\3\ --------------------------------------------------------------------------- \3\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. --------------------------------------------------------------------------- [[Page 24738]] Scope Comments We provided parties an opportunity to provide comments on all issues regarding product coverage (i.e., scope).\4\ Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Determination.\5\ For a summary of the product coverage comments and rebuttals submitted to the record of this investigation, and our accompanying discussion and analysis of the comments and rebuttals that were timely received, see the Final Scope Decision Memorandum.\6\ Based on parties' comments, we made no changes to the scope of the investigation, as it appeared in the Preliminary Determination.\7\ The product covered by this investigation is fine denier PSF from India. For a complete description of the scope of this investigation, see Appendix I. --------------------------------------------------------------------------- \4\ See Memorandum, ``Due Dates for Case and Rebuttal Briefs Regarding the Scope,'' dated December 11, 2017 \5\ See Preliminary Determination. \6\ See Memorandum, ``Fine Denier Polyester Staple Fiber from the People's Republic of China, India, Republic of Korea, and Taiwan: Scope Comments Decision Memorandum for the Final Determinations,'' dated January 16, 2018 (Final Scope Memorandum). \7\ While we made no changes to the scope based on parties' comments, we discovered that we inadvertently included the phrase ``or pre-opened'' in the scope in the Preliminary Determination. This phrase was not included in the scope in the Initiation. See Fine Denier Polyester Staple Fiber from the People's Republic of China, India, the Republic of Korea, Taiwan, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 82 FR 29023 (Initiation). We have corrected this error by removing the phrase ``or pre-opened'' from the scope for this final determination. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in January and March 2018, we conducted a verification of the information reported by the mandatory respondent Reliance Industries Limited (RIL), for use in this final determination.\8\ We used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by the respondent. --------------------------------------------------------------------------- \8\ See Memorandum, ``Less-Than-Fair-Value Investigation of Fine Denier Polyester Staple Fiber from India: Verification of the Sales Questionnaire Responses of Reliance Industries Limited,'' dated March 13, 2018; and Memorandum, ``Verification of the Cost Response of Reliance Industries Limited in the Less-Than-Fair-Value Investigation of Fine Denier Polyester Staple Fiber from India,'' dated March 27, 2018. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of these issues is attached to this notice as Appendix II. Application of Adverse Facts Available (AFA) As in the Preliminary Determination, pursuant to sections 776(a) and (b) of the Act, we have continued to base Bombay Dyeing & Manufacturing Company Limited's (Bombay Dyeing) dumping margin upon the facts otherwise available, with an adverse inference, because the company did not respond to Commerce's questionnaire. In addition, based on our verification findings, our re-evaluation of the record evidence, and our analysis of the comments received, we are also basing RIL's dumping margin on facts available with an adverse inference pursuant to sections 776(a) and (b) of the Act. For further discussion, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination As noted above, we are now basing RIL's dumping margin on facts available with an adverse inference. Moreover, we have revised the all- others rate as explained below. All-Others Rate Section 735(c)(5)(A) of the Act provides that in the final determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate ``shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act''. Pursuant to section 735(c)(5)(B) of the Act, however, if ``the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available,'' Commerce ``may use any reasonable method to establish the estimated weighted- average dumping margin for all-other producers and/or exporters.'' \9\ Furthermore, Congress, in the SAA, stated that when ``the dumping margins for all of the exporters and producers that are individually investigated are determined entirely on the basis of the facts available or are zero or de minimis . . . (t)he expected method in such cases will be to weight-average the zero and de minimis margins and margins determined pursuant to the facts available.'' \10\ For the final determination, Commerce has determined the estimated weighted- average dumping margin for each of the individually examined respondents under section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce's normal practice under these circumstances has been to calculate the ``all-others'' rate as a simple average of the alleged dumping margins from the petition.\11\ In this case, however, we initiated using only one duming margin in the petition. Therefore, for the final determination, we have used this one dumping margin, which is 21.43 percent, as the ``All-Others'' rate.\12\ --------------------------------------------------------------------------- \9\ See also Statement of Administrative Action (SAA), H.R. Doc. 103-316, 103d Cong., 2d Session, vol 1 (1994) SAA at 873 (explaining that if all the rates are ``determined entirely on the basis of the facts available or are zero or de minimis,'' the ``expected method in such cases will be to weight-average'' the rates available. See also Albemarle Corp. & Subsidiaries v. United States, 821 F.3d 1345, 1351-54 (Fed. Cir. 2016) (explaining and relying on the ``expected method,'' as directed by the SAA). \10\ See SAA accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103-316 at 873 (1994), reprinted in 1994 U.S.C.C.A.N. 4040, 4200. \11\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). See also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008). \12\ See Certain Cold-Rolled Steel Flat Products from Japan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 32721 (May 24, 2016); Notice of Final Determination of Sales at Less than Fair Value: Purified Carboxymethylcellulose from Sweden, 70 FR 28278 (May 17, 2005); and Notice of Final Determination of Sales at Less Than Fair Value: Ferrovanadium from the Republic of South Africa, 67 FR 71136 (November 29, 2002). --------------------------------------------------------------------------- Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: [[Page 24739]] ------------------------------------------------------------------------ Estimated Cash deposit weighted- rate (adjusted Exporter/producer average for subsidy dumping margin offset(s)) (percent) (percent) ------------------------------------------------------------------------ Reliance Industries Limited............. 21.43 14.48 Bombay Dyeing & Manufacturing Company 21.43 15.49 Limited................................ All-Others.............................. 21.43 14.67 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of fine denier PSF from India as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after January 5, 2018, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the respondent-specific estimated weighted- average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and/or exporters will be equal to the all-others estimated weighted-average dumping margin. Further, Commerce will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value (NV) exceeds the U.S. price, as shown above, adjusted where appropriate for export subsidies found in the final determination of the companion countervailing duty investigation. Consistent with Commerce's practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, Commerce instructs CBP to require a cash deposit equal to the amount by which the NV exceeds the U.S. price, less the amount of the countervailing duty determined to constitute any export subsidies.\13\ Because a countervailing duty order has been issued with respect to fine denier PSF from India and suspension of liquidation is occurring with respect to this order, Commerce will instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above.\14\ Therefore, so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the final column of the rate chart, above. These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \13\ See, e.g., Welded Line Pipe from the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 61364 (October 13, 2015); Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers from the Republic of Korea, 77 FR 17413, 17417 (March 26, 2012). \14\ See Countervailing Duty Investigation of Fine Denier Polyester Staple Fiber from India: Final Affirmative Determination, 83 FR 3122 (January 23, 2018); see also Fine Denier Polyester Staple Fiber from the People's Republic of China and India: Amended Final Affirmative Countervailing Duty Determination for the People's Republic of China and Countervailing Duty Orders for the People's Republic of China and India, 83 FR 12149 (March 20, 2018). --------------------------------------------------------------------------- Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce applied AFA to the individually examined companies, RIL and Bombay Dyeing, in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the International Trade Commission (ITC) of its final affirmative determination. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2)(B) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of fine denier PSF from India no later than 45 days after Commerce's final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on appropriate imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification to Interested Parties This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.201(c). Dated: May 23, 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 I--Scope of the Investigation The merchandise covered by this investigation is fine denier polyester staple fiber (fine denier PSF), not carded or combed, measuring less than 3.3 decitex (3 denier) in diameter. The scope covers all fine denier PSF, whether coated or uncoated. The [[Page 24740]] following products are excluded from the scope: (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, inclusive) currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 5503.20.0045 and 5503.20.0065. (2) Low-melt PSF defined as a bi-component polyester fiber having a polyester fiber component that melts at a lower temperature than the other polyester fiber component, which is currently classifiable under HTSUS subheading 5503.20.0015. Fine denier PSF is classifiable under the HTSUS subheading 5503.20.0025. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Investigation V. Discussion of the Issues Comment 1: Whether Commerce Should Apply Total Adverse Facts Available Comment 2: Whether Commerce Should Apply Partial AFA to Certain Freight Expenses Comment 3: Whether Commerce Should Reduce RIL's Billing Adjustments Comment 4: Whether Commerce Should Reject RIL's Inland Freight to Warehouse Comment 5: Whether Commerce Should Reject RIL's Reported Warranty Expenses Comment 6: Whether Commerce Should Rely on RIL's Rebate and Commission Fields Comment 7: Whether Commerce Should Correct an Error in RIL's Margin Program Comment 8: Reliance Artificially Understated the Reported Costs by Reporting Chain Cost and Withholding the Cost Reconciliation in the Form and Manner Requested by Commerce Comment 9: Reliance understated the Reported General and Administrative (G&A) Expenses Comment 10: RIL Understated the Financial Expenses VI. Recommendation [FR Doc. 2018-11710 Filed 5-29-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24737
Comment’’ field, include name, address, Conduct of the Hearing value (LTFV). The period of
email address, and telephone number of The Department reserves the right to investigation (POI) is April 1, 2016,
the person presenting the testimony, as select the persons to be heard at the through March 31, 2017.
well as the organization or company hearing, to schedule their respective DATES: Applicable May 30, 2018.
that they represent. Attach a summary presentations, and to establish the FOR FURTHER INFORMATION CONTACT:
of the testimony, and pre-hearing procedures governing the conduct of the Patrick O’Connor, AD/CVD Operations,
submission if provided, by using the hearing. Each speaker may be limited to Office IV, Enforcement and Compliance,
‘‘Upload File’’ field. The file name 5 minutes, and comments must be International Trade Administration,
should include the name of the person directly related to the criteria listed in U.S. Department of Commerce, 1401
who will be presenting the testimony. 15 CFR 705.4 of the regulations. Constitution Avenue NW, Washington,
The request to speak should include Attendees will be seated on a first-come, DC 20230; telephone: (202) 482–0989.
(1) the name and address of the person first-served basis. SUPPLEMENTARY INFORMATION:
requesting to make a presentation; (2) a A Department official will be
daytime phone number where the Background
designated to preside at the hearing. The
person who would be making the oral presiding officer shall determine all On January 5, 2018, Commerce
presentation may be contacted before procedural matters during the hearing. published the Preliminary
the hearing; (3) the organization or Representatives from the Department, Determination of this antidumping duty
company they represent; and (4) an and other U.S. Government agencies as investigation, as provided by section
email address. appropriate, will make up the hearing 735 of the Tariff Act of 1930, as
Please note that the submission of a panel. This will be a fact-finding amended (the Act). Commerce
summary of expected testimony at the proceeding; it will not be a judicial or preliminarily found that fine denier PSF
public hearing is separate from the evidentiary-type hearing. Only members from India was sold at LTFV.1 A
request for written comments. Since it of the hearing panel may ask questions, summary of the events that have
may be necessary to limit the number of and there will be no cross-examination occurred since Commerce published the
persons making presentations, the of persons presenting statements. Preliminary Determination, as well as a
written request to participate in the However, questions submitted to the full discussion of the issues raised by
public hearing should describe the presiding officer in writing may, at the interested parties for this final
individual’s interest in the hearing and, discretion of the presiding officer, be determination, may be found in the
where appropriate, explain why the posed to the presenter. No formal rules Issues and Decision Memorandum.2 The
individual is a proper representative of of evidence will apply to the hearing. Issues and Decision Memorandum is a
a group or class of persons that has such Any further procedural rules for the public document and is on file
an interest. If all interested parties proper conduct of the hearing will be electronically via Enforcement and
cannot be accommodated at the hearing, announced by the presiding officer. Compliance’s Antidumping and
the summaries of the oral presentations Countervailing Duty Centralized
will be used to allocate speaking time Special Accommodations Electronic Service System (ACCESS).
and to ensure that a full range of This meeting is physically accessible ACCESS is available to registered users
comments is heard. to people with disabilities. Requests for at https://access.trade.gov, and to all
Each person selected to make a sign language interpretation or other parties in the Central Records Unit,
presentation will be notified by the auxiliary aids should be received by the room B8024 of the main Department of
Department of Commerce no later than Department of Commerce no later than Commerce building. In addition, a
8:00 p.m. Eastern Daylight Time on July June 22, 2018 by contacting the complete version of the Issues and
12, 2018. The Department will arrange Department of Commerce official Decision Memorandum can be accessed
the presentation times for the speakers. identified in this Notice. directly at http://enforcement.trade.gov/
Persons selected to be heard are Dated: May 24, 2018. frn/.
requested to bring 20 copies of their oral Commerce has exercised its discretion
Wilbur L. Ross,
presentation and of all exhibits to the to toll deadlines for the duration of the
Secretary of Commerce.
hearing site on the day of the hearing. closure of the Federal Government from
[FR Doc. 2018–11708 Filed 5–25–18; 4:15 pm] January 20 through 22, 2018. The
All such material must be of a size
consistent with ease of handling,
BILLING CODE P revised deadline for the final
transportation and filing. While large determination in this investigation is
exhibits may be used during a hearing, now May 23, 2018.3
DEPARTMENT OF COMMERCE
copies of such exhibits in reduced size
1 See Fine Denier Polyester Staple Fiber from
must be provided to the hearing panel. International Trade Administration India: Preliminary Affirmative Determination of
Written submissions by persons not Sales at Less Than Fair Value, Postponement of
selected to make presentations will be [A–533–875]
Final Determination, and Extension of Provisional
made part of the public record of the Measures 83 FR 662 (January 5, 2018), and
Fine Denier Polyester Staple Fiber accompanying Preliminary Decision Memorandum
proceeding. Confidential business From India: Final Affirmative (collectively, Preliminary Determination).
information may not be submitted at a Determination of Sales at Less Than 2 See Memorandum, ‘‘Fine Denier Polyester
public hearing. In the event confidential Fair Value Staple Fiber from India: Issues and Decision
business information is submitted it will Memorandum for the Final Affirmative
be handled according to the same AGENCY: Enforcement and Compliance, Determination in the Less Than Fair Value,’’ dated
sradovich on DSK3GMQ082PROD with NOTICES
concurrently with, and hereby adopted by, this
procedures applicable to such International Trade Administration, notice (Issues and Decision Memorandum).
information provided in the course of an Department of Commerce. 3 See Memorandum for The Record from
investigation. See 15 CFR 705.6. The SUMMARY: The Department of Commerce Christian Marsh, Deputy Assistant Secretary for
hearing will be recorded. (Commerce) determines that fine denier Enforcement and Compliance, performing the non-
exclusive functions and duties of the Assistant
The transcript of the hearing will be polyester staple fiber (fine denier PSF) Secretary for Enforcement and Compliance,
available on www.regulations.gov in from India is being, or is likely to be, ‘‘Deadlines Affected by the Shutdown of the
docket number DOC–2018–0002. sold in the United States at less than fair Continued
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![24740 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
following products are excluded from the polyester staple fiber (fine denier PSF) determination in this investigation is
scope: from the People’s Republic of China now May 23, 2018.3
(1) PSF equal to or greater than 3.3 decitex (China) is being, or is likely to be, sold
(more than 3 denier, inclusive) currently Scope Comments
in the United States at less-than-fair
classifiable under Harmonized Tariff We provided parties an opportunity to
Schedule of the United States (HTSUS) value. The period of investigation is
October 1, 2016, through March 31, provide comments on all issues
subheadings 5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bi- 2017. regarding product coverage (i.e., scope).4
component polyester fiber having a polyester Certain interested parties commented on
DATES: Applicable May 30, 2018.
fiber component that melts at a lower the scope of the investigation as it
FOR FURTHER INFORMATION CONTACT: appeared in the Preliminary
temperature than the other polyester fiber
component, which is currently classifiable Edythe Artman or John McGowan, AD/ Determination.5 For a summary of the
under HTSUS subheading 5503.20.0015. CVD Operations, Office VI, Enforcement product coverage comments and
Fine denier PSF is classifiable under the and Compliance, International Trade rebuttals submitted to the record of this
HTSUS subheading 5503.20.0025. Although Administration, U.S. Department of investigation, and our accompanying
the HTSUS subheadings are provided for Commerce, 1401 Constitution Avenue
convenience and customs purposes, the
discussion and analysis of the
NW, Washington, DC 20230; telephone: comments and rebuttals that were
written description of the scope of this (202) 482–3931 or (202) 482–3019,
investigation is dispositive. timely received, see the Final Scope
respectively. Decision Memorandum.6 Based on
Appendix II—List of Topics Discussed SUPPLEMENTARY INFORMATION: parties’ comments, we made no changes
in the Issues and Decision to the scope of the investigation, as it
Memorandum Background
appeared in the Preliminary
I. Summary On January 5, 2018, Commerce Determination.7 The product covered by
II. List of Issues published the Preliminary this investigation is fine denier PSF
III. Background Determination of this antidumping duty from China. For a complete description
IV. Scope of the Investigation investigation, as provided by section of the scope of this investigation, see
V. Discussion of the Issues 733 of the Tariff Act of 1930, as Appendix I.
Comment 1: Whether Commerce Should amended (the Act). Commerce
Apply Total Adverse Facts Available preliminarily found that fine denier PSF Verification
Comment 2: Whether Commerce Should from China was sold at LTFV.1 A As provided in section 782(i) of the
Apply Partial AFA to Certain Freight
summary of the events that have Act, we conducted verifications of the
Expenses
Comment 3: Whether Commerce Should occurred since Commerce published the sales and factors-of-production
Reduce RIL’s Billing Adjustments Preliminary Determination, as well as a information reported by Jiangyin Hailun
Comment 4: Whether Commerce Should full discussion of the issues raised by Chemical Fiber Co., Ltd. (Hailun) 8 and
Reject RIL’s Inland Freight to Warehouse interested parties for this final
Comment 5: Whether Commerce Should determination, may be found in the 3 See Memorandum for The Record from
Reject RIL’s Reported Warranty Expenses Issues and Decision Memorandum.2 The Christian Marsh, Deputy Assistant Secretary for
Comment 6: Whether Commerce Should Enforcement and Compliance, performing the non-
Issues and Decision Memorandum is a exclusive functions and duties of the Assistant
Rely on RIL’s Rebate and Commission public document and is on file Secretary for Enforcement and Compliance,
Fields
electronically via Enforcement and ‘‘Deadlines Affected by the Shutdown of the
Comment 7: Whether Commerce Should Federal Government’’ (Tolling Memorandum),
Correct an Error in RIL’s Margin Program Compliance’s Antidumping and
dated January 23, 2018. All deadlines in this
Comment 8: Reliance Artificially Countervailing Duty Centralized segment of the proceeding have been extended by
Understated the Reported Costs by Electronic Service System (ACCESS). three days.
Reporting Chain Cost and Withholding ACCESS is available to registered users 4 See Memorandum, ‘‘Due Dates for Case and
the Cost Reconciliation in the Form and at https://access.trade.gov, and to all Rebuttal Briefs Regarding the Scope,’’ dated
Manner Requested by Commerce parties in the Central Records Unit, December 11, 2017.
5 See Preliminary Determination.
Comment 9: Reliance understated the Room B8024 of the main Department of 6 See Memorandum, ‘‘Fine Denier Polyester
Reported General and Administrative Commerce building. In addition, a
(G&A) Expenses Staple Fiber from the People’s Republic of China,
Comment 10: RIL Understated the
complete version of the Issues and India, Republic of Korea, and Taiwan: Scope
Financial Expenses Decision Memorandum can be accessed Comments Decision Memorandum for the Final
directly at http://enforcement.trade.gov/ Determinations,’’ dated January 16, 2018 (Final
VI. Recommendation Scope Memorandum).
frn/. 7 While we made no changes to the scope based
[FR Doc. 2018–11710 Filed 5–29–18; 8:45 am]
Commerce has exercised its discretion on parties’ comments, we discovered that we
BILLING CODE 3510–DS–P
to toll deadlines for the duration of the inadvertently included the phrase ‘‘or pre-opened’’
closure of the Federal Government from in the scope in the Preliminary Determination. This
January 20 through 22, 2018. The phrase was not included in the scope in the
DEPARTMENT OF COMMERCE Initiation (see Fine Denier Polyester Staple Fiber
revised deadline for the final from the People’s Republic of China, India, the
International Trade Administration Republic of Korea, Taiwan, and the Socialist
1 See Fine Denier Polyester Staple Fiber from the Republic of Vietnam: Initiation of Less-Than-Fair-
[A–570–060] People’s Republic of China: Preliminary Affirmative Value Investigations, 82 FR 29023 (Initiation). We
Determination of Sales at Less Than Fair Value, have corrected this error by removing the phrase
Fine Denier Polyester Staple Fiber Postponement of Final Determination, and ‘‘or pre-opened’’ from the scope for this final
Extension of Provisional Measures, 83 FR 665 determination.
From the People’s Republic of China: (January 5, 2018) (Preliminary Determination) and 8 We have determined that Hailun and several
sradovich on DSK3GMQ082PROD with NOTICES
Final Affirmative Determination of the accompanying Preliminary Decision affiliates should be collapsed and treated as a single
Sales at Less Than Fair Value Memorandum. entity for purposes of this investigation. See
2 See Memorandum, ‘‘Issues and Decision Memorandum from Commerce, ‘‘Less-Than-Fair-
AGENCY: Enforcement and Compliance, Memorandum for the Final Determination of the Value Investigation of Fine Denier Polyester Staple
International Trade Administration, Less-Than-Fair-Value Investigation of Fine Denier Fiber from the People’s Republic of China:
Department of Commerce. Polyester Staple Fiber from the People’s Republic Affiliation and Collapsing Status for Jiangyin
of China,’’ dated concurrently with, and hereby Hailun Chemical Fiber Co. Ltd.,’’ dated December
SUMMARY: The Department of Commerce adopted by, this notice (Issues and Decision 18, 2017. Therefore, any reference to Hailun in this
(Commerce) determines that fine denier Memorandum). notice refers to the collapsed entity including the
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Document Created: 2018-05-30 01:02:17
Document Modified: 2018-05-30 01:02:17
| 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 May 30, 2018. | |
| Contact | Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0989. | |
| FR Citation | 83 FR 24737 |
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