83 FR 24740 - Fine Denier Polyester Staple Fiber From the People's Republic of China: 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 | 24740-24743 | |
| FR Document | 2018-11714 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Notices] [Pages 24740-24743] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11714] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-060] Fine Denier Polyester Staple Fiber From the People's Republic of China: 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 the People's Republic of China (China) is being, or is likely to be, sold in the United States at less-than-fair value. The period of investigation is October 1, 2016, through March 31, 2017. DATES: Applicable May 30, 2018. FOR FURTHER INFORMATION CONTACT: Edythe Artman or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-3019, respectively. SUPPLEMENTARY INFORMATION: Background On January 5, 2018, Commerce published the Preliminary Determination of this antidumping duty investigation, as provided by section 733 of the Tariff Act of 1930, as amended (the Act). Commerce preliminarily found that fine denier PSF from China 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 the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 665 (January 5, 2018) (Preliminary Determination) and the accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Determination of the Less-Than-Fair-Value Investigation of Fine Denier Polyester Staple Fiber from the People's Republic of China,'' 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. --------------------------------------------------------------------------- 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 China. 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, we conducted verifications of the sales and factors-of-production information reported by Jiangyin Hailun Chemical Fiber Co., Ltd. (Hailun) \8\ and [[Page 24741]] Jiangyin Huahong Chemical Fiber Co., Ltd. (Huahong).\9\ We used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by the respondents. --------------------------------------------------------------------------- \8\ We have determined that Hailun and several affiliates should be collapsed and treated as a single entity for purposes of this investigation. See Memorandum from Commerce, ``Less-Than-Fair-Value Investigation of Fine Denier Polyester Staple Fiber from the People's Republic of China: Affiliation and Collapsing Status for Jiangyin Hailun Chemical Fiber Co. Ltd.,'' dated December 18, 2017. Therefore, any reference to Hailun in this notice refers to the collapsed entity including the following companies: Jiangyin Hailun Chemical Fiber Co., Ltd.; Jiangyin Xinlun Chemical Fiber Co., Ltd.; Jiangyin Yunlun Chemical Fiber Co., Ltd.; Jiangyin Bolun Chemical Fiber Co., Ltd.; Jiangyin Fenghua Synthetic Fiber Co., Ltd.; Jiangyin Huamei Special Fiber Co., Ltd.; Jiangyin Huasheng Polymerization Co., Ltd.; Jiangyin Huayi Polymerization Co., Ltd.; Jiangyin Huaxing Synthetic Co., Ltd.; and Jiangyin Xingsheng Plastic Co., Ltd. \9\ We have determined that Huahong and two affiliates should be collapsed and treated as a single entity for purposes of this investigation. See Memorandum from Commerce, ``Less-Than-Fair-Value Investigation of Fine Denier Polyester Staple Fiber from the People's Republic of China: Affiliation and Collapsing Memorandum for Jiangyin Huahong Chemical Fiber Co., Ltd., Jiangyin Huakai Polyester Co., Ltd., and Jiangyin Hongkai Chemical Fiber Co., Ltd.,'' dated December 18, 2017. Therefore, any reference to Huahong in this notice refers to the collapsed entity including the following companies: Jiangyin Huahong Chemical Fiber Co., Ltd., Jiangyin Huakai Polyester Co., Ltd., and Jiangyin Hongkai Chemical Fiber Co., Ltd. --------------------------------------------------------------------------- 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. Changes to the Dumping Margin Since the Preliminary Determination Based on Commerce's analysis of the comments received and findings at verification, we made certain changes to our dumping margin calculations. For further discussion, see the Issues and Decision Memorandum. China-Wide Entity For the reasons explained in the Preliminary Determination, we are continuing to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is appropriate and are applying a rate based entirely on AFA to the China-wide entity. Commerce did not receive timely responses to its quantity and value (Q&V) questionnaire, separate rate applications, or separate rate supplemental questionnaires from certain exporters and/or producers of subject merchandise that were named in the petition and to which Commerce issued Q&V questionnaires.\10\ As these non-responsive China companies did not demonstrate that they are eligible for separate rate status, Commerce continues to consider them to be a part of the China- wide entity. Consequently, we continue to find that the China-wide entity withheld requested information, significantly impeded the proceeding, and failed to cooperate to the best of their abilities, and thus we are continuing to base the China-wide entity's rate on AFA. --------------------------------------------------------------------------- \10\ See Preliminary Decision Memorandum at Separate Rate Section. --------------------------------------------------------------------------- China-Wide Rate In selecting the AFA rate for the China-wide entity, Commerce's practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.\11\ Specifically, it is Commerce's practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.\12\ As AFA, Commerce has assigned to the China-wide entity the rate of 103.06 percent, which is the highest dumping margin alleged in the petition.\13\ --------------------------------------------------------------------------- \11\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl cellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethyl cellulose from Finland, 70 FR 28279 (May 17, 2005). \12\ See, e.g., Certain Stilbenic Optical Brightening Agents from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People's Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. \13\ See Issues and Decision Memorandum at 4-5 for additional information. --------------------------------------------------------------------------- Combination Rates In the Initiation Notice, Commerce stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation.\14\ Accordingly, we have assigned combination rates to Hailun and Huahong, along with 14 other companies receiving a separate rate, as provided in the ``Final Determination'' section below.\15\ --------------------------------------------------------------------------- \14\ 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, 29028 (June 27, 2017) (Initiation Notice); see also Enforcement and Compliance Policy Bulletin No. 05.1 ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf. \15\ The dumping margin for the separate rate companies is based on a simple average of the rates from both mandatory respondents, offset by the export subsidy adjustment for the all-others' rate in the companion countervailing duty case. See the Issues and Decision Memorandum at 7 for additional information. --------------------------------------------------------------------------- Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: ---------------------------------------------------------------------------------------------------------------- Weighted- Cash deposit average adjusted for Producer Exporter margin subsidy offset (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Jiangyin Hailun Chemical Fiber Co. Ltd./ Jiangyin Hailun Chemical Fiber 72.22 72.22 Jiangyin Xinlun Chemical Fiber Co., Ltd./ Co. Ltd. Jiangyin Yunlun Chemical Fiber Co., Ltd./ Jiangyin Bolun Chemical Fiber Co., Ltd./ Jiangyin Fenghua Synthetic Fiber Co., Ltd./ Jiangyin Huamei Special Fiber Co., Ltd./ Jiangyin Huasheng Polymerization Co., Ltd./ Jiangyin Huayi Polymerization Co., Ltd./ Jiangyin Huaxing Synthetic Co., Ltd./Jiangyin Xingsheng Plastic Co., Ltd. Jiangyin Huahong Chemical Fiber Co., Ltd./ Jiangyin Huahong Chemical Fiber 65.17 65.11 Jiangyin Huakai Polyester Co., Ltd./Jiangyin Co., Ltd. Hongkai Chemical Fiber Co., Ltd. Hangzhou Best Chemical Fiber Co., Ltd......... Hangzhou Best Chemical Fiber 68.70 68.64 Co., Ltd. Cixi Jiangnan Chemical Fiber Co. Ltd.......... Cixi Jiangnan Chemical Fiber Co. 68.70 68.64 Ltd. Jiangsu Xinsu Chemical Fiber Co., Ltd......... Jiangsu Xinsu Chemical Fiber 68.70 68.64 Co., Ltd. Jiangyin Jinyan Chemical Fiber Co., Ltd./ Jiangyin Jinyan Chemical Fiber 68.70 68.64 Jiangsu Xiang He Tai Fiber Technology Co., Co., Ltd. Ltd. [[Page 24742]] Jiangsu Hengze Composite Materials Technology Jiangyin Yangxi International 68.70 68.64 Co., Ltd./Chuzhou Prosperity Environmental Trade Co., Ltd. Protection Color Fiber Co., Ltd./Jiangsu Xiang He Tai Fiber Technology Co., Ltd./ Jiangyin Hengfeng Chemical Fiber Co., Ltd./ Jiangyin Shunze Chemical Fiber Co., Ltd. Zhejiang Jinfuchun Industrial Co., Ltd........ Zhejiang Jinfuchun Industrial 68.70 68.64 Co., Ltd. Nanyang Textile Co., Ltd...................... Nanyang Textile Co., Ltd........ 68.70 68.64 Ningbo Dafa Chemical Fiber Co. Ltd............ Ningbo Dafa Chemical Fiber Co. 68.70 68.64 Ltd. Zhaoqing Tifo New Fibre Co., Ltd.............. Zhaoqing Tifo New Fibre Co., Ltd 68.70 68.64 Jiangyin Yueda Chemical Fiber Limited Company/ Unifi Textiles (Suzhou) Co., Ltd 68.70 68.64 Hangzhou BenMa Chemical and Spinning Company Ltd./Yizheng Chemical Fiber Limited Liability Company. Yuyao Dafa Chemical Fiber Co., Ltd............ Yuyao Dafa Chemical Fiber Co., 68.70 68.64 Ltd. Jiangyin Jindun Chemical Fiber Co., Ltd....... Zhangjiagang City Hongtuo 68.70 68.64 Chemical Fiber Co., Ltd. Zhejiang Huashun Technology Co., Ltd.......... Zhejiang Linan Foreign Trade 68.70 68.64 Co., Ltd. Suzhou Zhengbang Chemical Fiber Co., Ltd...... Suzhou Zhengbang Chemical Fiber 68.70 68.64 Co., Ltd. --------------------------------------------------------------------------------- China-Wide Entity 103.06 103.00 ---------------------------------------------------------------------------------------------------------------- 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 China 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. Further, pursuant to 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of Chinese exporters/producers of merchandise under consideration 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 merchandise under consideration 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. These suspension of liquidation instructions will remain in effect until further notice. Consistent with our practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the export price or constructed export price, adjusted where appropriate for export subsidies.\16\ Accordingly, as discussed in further detail in the Issues and Decision Memorandum, we have adjusted the cash deposit rates for Huahong, non-selected separate rate respondents, and the China-wide entity by 0.06 percent.\17\ These adjustments are reflected in the final column of the rate chart, above. Furthermore, we are not adjusting the final determination for estimated domestic subsidy pass- through because the respondents failed to substantiate a subsidies-to- cost link and a cost-to-price-link.\18\ Because a companion countervailing duty order has been issued,\19\ and suspension of liquidation on fine denier PSF from China continues pursuant to that order, Commerce will continue to instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. --------------------------------------------------------------------------- \16\ See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, Commerce makes an adjustment for export subsidies in an LTFV investigation not in the calculation of the weighted-average dumping margin, but in the cash deposit instructions issued to U.S. Customs and Border Protection. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. \17\ See Issues and Decision Memorandum at pages 6-8. \18\ Id. at Comment 2. \19\ See 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 11681 (March 16, 2018). --------------------------------------------------------------------------- Disclosure We will disclose to interested parties the calculations performed in this proceeding within five days of the date of announcement of this determination in accordance with 19 CFR 351.224(b). 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 China 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 [[Page 24743]] 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 351.210(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 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. Selection and Corroboration of the Adverse Facts Available Rate Applied to the China-Wide Entity VI. Adjustments to Cash Deposit Rates VII. Discussion of the Issues Comment 1: Surrogate Country and Surrogate Value Selections for PTA Comment 2: Hailun and Huahong's Double Remedy Adjustments Comment 3: Calculations for Hailun's Purchased and Consigned PET Melt VIII. Recommendation [FR Doc. 2018-11714 Filed 5-29-18; 8:45 am] BILLING CODE 3510-DS-P
![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
VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\30MYN1.SGM 30MYN1](https://thefederalregister.org/doc/83_FR_24844/page/1.svg)
![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24743
responsibility concerning the DEPARTMENT OF COMMERCE ACCESS is available to registered users
disposition of proprietary information at https://access.trade.gov, and to all
disclosed under APO in accordance International Trade Administration parties in the Central Records Unit,
with 19 CFR 351.305(a)(3). Timely [A–580–893] room B8024 of the main Department of
notification of the return or destruction Commerce building. In addition, a
of APO materials, or conversion to Fine Denier Polyester Staple Fiber complete version of the Issues and
judicial protective order, is hereby From the Republic of Korea: Final Decision Memorandum can be accessed
requested. Failure to comply with the Affirmative Determination of Sales at directly at http://enforcement.trade.gov/
regulations and the terms of an APO is Less Than Fair Value frn/.
a violation subject to sanction. Commerce has exercised its discretion
AGENCY: Enforcement and Compliance, to toll deadlines for the duration of the
This determination and this notice are International Trade Administration,
issued and published pursuant to closure of the Federal Government from
Department of Commerce. January 20 through 22, 2018. The
sections 735(d) and 777(i)(1) of the Act
SUMMARY: The Department of Commerce revised deadline for the final
and 19 CFR 351.210(c).
(Commerce) determines that fine denier determination in this investigation is
Dated: May 23, 2018. polyester staple fiber (fine denier PSF) now May 23, 2018.3
Gary Taverman, from the Republic of Korea (Korea) is
Deputy Assistant Secretary for Antidumping being, or is likely to be, sold in the Scope Comments
and Countervailing Duty Operations, United States at less than fair value We provided parties an opportunity to
performing the non-exclusive functions and (LTFV). The period of investigation provide comments on all issues
duties of the Assistant Secretary for (POI) is April 1, 2016, through March
Enforcement and Compliance.
regarding product coverage (i.e., scope).4
31, 2017. Certain interested parties commented on
Appendix I—Scope of the Investigation DATES: Applicable May 30, 2018. the scope of the investigation as it
The merchandise covered by this FOR FURTHER INFORMATION CONTACT: appeared in the Preliminary
investigation is fine denier polyester staple Karine Gziryan or Celeste Chen, AD/ Determination.5 For a summary of the
fiber (fine denier PSF), not carded or combed, CVD Operations, Office IV, Enforcement product coverage comments and
measuring less than 3.3 decitex (3 denier) in and Compliance, International Trade rebuttals submitted to the record of this
diameter. The scope covers all fine denier Administration, U.S. Department of investigation, and our accompanying
PSF, whether coated or uncoated. The Commerce, 1401 Constitution Avenue discussion and analysis of the
following products are excluded from the NW, Washington, DC 20230; telephone: comments and rebuttals that were
scope: (202) 482–4081 of (202) 482–0890 timely received, see the Final Scope
(1) PSF equal to or greater than 3.3 decitex respectively. Decision Memorandum.6 Based on
(more than 3 denier, inclusive) currently parties’ comments, we made no changes
classifiable under Harmonized Tariff SUPPLEMENTARY INFORMATION:
to the scope of the investigation, as it
Schedule of the United States (HTSUS) Background appeared in the Preliminary
subheadings 5503.20.0045 and 5503.20.0065. Determination.7 The product covered by
(2) Low-melt PSF defined as a bi- On January 5, 2018, Commerce
published the Preliminary this investigation is fine denier PSF
component polyester fiber having a polyester
Determination of this antidumping duty from Korea. For a complete description
fiber component that melts at a lower
temperature than the other polyester fiber investigation, as provided by section of the scope of this investigation, see
component, which is currently classifiable 735 of the Tariff Act of 1930, as Appendix I.
under HTSUS subheading 5503.20.0015. amended (the Act). Commerce
3 See Memorandum for The Record from
Fine denier PSF is classifiable under the preliminarily found that fine denier PSF
HTSUS subheading 5503.20.0025. Although Christian Marsh, Deputy Assistant Secretary for
from Korea was sold at LTFV.1 A Enforcement and Compliance, performing the non-
the HTSUS subheadings are provided for summary of the events that have exclusive functions and duties of the Assistant
convenience and customs purposes, the Secretary for Enforcement and Compliance,
occurred since Commerce published the
written description of the scope of this ‘‘Deadlines Affected by the Shutdown of the
investigation is dispositive.
Preliminary Determination, as well as a Federal Government’’ (Tolling Memorandum),
full discussion of the issues raised by dated January 23, 2018. All deadlines in this
Appendix II—List of Topics Discussed interested parties for this final segment of the proceeding have been extended by
in the Issues and Decision determination, may be found in the three days.
4 See Memorandum, ‘‘Due Dates for Case and
Memorandum Issues and Decision Memorandum.2 The
Rebuttal Briefs Regarding the Scope,’’ dated
I. Summary Issues and Decision Memorandum is a December 11, 2017
II. List of Issues public document and is on file 5 See Preliminary Determination.
III. Background electronically via Enforcement and 6 See Memorandum, ‘‘Fine Denier Polyester
IV. Scope of the Investigation Compliance’s Antidumping and Staple Fiber from the People’s Republic of China,
Countervailing Duty Centralized India, Republic of Taiwan, and Korea: Scope
V. Selection and Corroboration of the
Comments Decision Memorandum for the Final
Adverse Facts Available Rate Applied to Electronic Service System (ACCESS). Determinations,’’ dated January 16, 2018 (Final
the China-Wide Entity Scope Memorandum).
VI. Adjustments to Cash Deposit Rates 1 See Fine Denier Polyester Staple Fiber from 7 While we made no changes to the scope based
VII. Discussion of the Issues Korea: Preliminary Affirmative Determination of on parties’ comments, we discovered that we
Comment 1: Surrogate Country and Sales at Less Than Fair Value, Postponement of inadvertently included the phrase ‘‘or pre-opened’’
Final Determination, and Extension of Provisional in the scope in the Preliminary Determination. This
sradovich on DSK3GMQ082PROD with NOTICES
Surrogate Value Selections for PTA
Measures, 83 FR 660 (January 5, 2018), and phrase was not included in the scope in the
Comment 2: Hailun and Huahong’s Double accompanying Preliminary Decision Memorandum Initiation (see Fine Denier Polyester Staple Fiber
Remedy Adjustments (collectively, Preliminary Determination). from the People’s Republic of China, India, the
Comment 3: Calculations for Hailun’s 2 See Memorandum, ‘‘Fine Denier Polyester Republic of Korea, Korea, and the Socialist
Purchased and Consigned PET Melt Staple Fiber from Korea: Issues and Decision Republic of Vietnam: Initiation of Less-Than-Fair-
VIII. Recommendation Memorandum for the Final Affirmative Value Investigations, 82 FR 29023 (Initiation). We
Determination in the Less Than Fair Value,’’ dated have corrected this error by removing the phrase
[FR Doc. 2018–11714 Filed 5–29–18; 8:45 am] concurrently with, and hereby adopted by, this ‘‘or pre-opened’’ from the scope for this final
BILLING CODE 3510–DS–P notice (Issues and Decision Memorandum). determination.
VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\30MYN1.SGM 30MYN1](https://thefederalregister.org/doc/83_FR_24844/page/4.svg)
Document Created: 2018-05-30 01:02:23
Document Modified: 2018-05-30 01:02:23
| 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 | Edythe Artman or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-3019, respectively. | |
| FR Citation | 83 FR 24740 |
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