83 FR 24743 - Fine Denier Polyester Staple Fiber From the Republic of Korea: 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 | 24743-24745 | |
| FR Document | 2018-11711 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Notices] [Pages 24743-24745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11711] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-893] Fine Denier Polyester Staple Fiber From the Republic of Korea: 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 Republic of Korea (Korea) 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: Karine Gziryan or Celeste Chen, 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) 482-4081 of (202) 482-0890 respectively. 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 Korea 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 Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 660 (January 5, 2018), and accompanying Preliminary Decision Memorandum (collectively, Preliminary Determination). \2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from Korea: 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. --------------------------------------------------------------------------- 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 Korea. 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 Taiwan, and Korea: 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, Korea, 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. --------------------------------------------------------------------------- [[Page 24744]] Verification As provided in section 782(i) of the Act, from January 15 through 19, 2018, we conducted a verification of the information reported by the mandatory respondent Toray Chemical Korea Inc. (TCK), 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, ``Verification of the Sales Response of Toray Chemical Korea Inc. in the Antidumping Investigation of Fine Denier Polyester Staple Fiber from the Republic of Korea,'' dated March 7, 2018; and Memorandum, ``Verification of the Cost Response of Toray Chemical Korea, Inc. in the Antidumping Duty Investigation of Fine Denier Polyester Staple Fiber from the Republic of Korea,'' dated March 22, 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 section 776(a) and (b) of the Act, Commerce has continued to base Huvis Corporation's (Huvis) and Down Nara, Co., Ltd.'s (Down Nara) dumping margin on the facts otherwise available, with an adverse inference, because the companies did not respond to Commerce's questionnaire or otherwise participate in the investigation.\9\ In addition, as part of the AFA determination with respect to Down Nara, Commerce has determined that Koreco Synthetic Fiber Co., Ltd. is the successor-in-interest to Down Nara and we have updated the rate chart below accordingly.\10\ --------------------------------------------------------------------------- \9\ See Huvis' Letter, ``Fine Denier Polyester Staple Fiber from the Republic of Korea: Notice of Intent Not to Participate,'' dated August 10, 2017 and Down Nara did not respond to Commerce's AD questionnaire. \10\ For further information, see Issues and Decision Memorandum at Comment 2 and memorandum ``Antidumping Duty Investigation of Fine Denier Polyester Staple Fiber from the Republic of Korea: Proprietary Discussion of Issues Contained in the Issues and Decision Memorandum'' dated concurrently with this Federal Register notice. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received, we made changes to the dumping margin calculations for TCK. For further discussion, see the Issues and Decision Memorandum. 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, 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, including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.'' Because (1) the dumping margin for Huvis Corporation and Down Nara, Co., Ltd. is based on AFA and (2) the dumping margin for Toray Chemical Kora Inc. (TCK) is zero, pursuant to section 735(c)(5)(B) of the Act, we calculated the ``all-others''' rate as a simple average of the dumping margins of Huvis Corporation, Down Nara, Co., Ltd. and TCK. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- Exporter/producer average dumping margin (percent) ------------------------------------------------------------------------ Toray Chemical Korea Inc................................ 0.00 Huvis Corporation....................................... 45.23 Down Nara, Co., Ltd., Down-Nara, Co., Ltd. (AKA Koreco 45.23 Synthetic Fiber Co., Ltd.)............................. All-Others.............................................. 30.15 ------------------------------------------------------------------------ Consistent with section 735(a)(4) of the Act, based on the zero rate for TCK, Commerce determined that TCK has not sold merchandise which it produced and exported at LTFV. 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 Korea 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 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 margins 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, except as explained below; 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. Because the estimated weighted-average dumping margin for TCK is zero, entries of shipments of subject merchandise both produced and exported by TCK will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP to not suspend liquidation of entries of subject merchandise exported and produced by TCK. Entries of shipments of subject merchandise from TCK in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Because the final estimated weighted-average dumping margin for subject merchandise exported and produced by TCK is zero, entries of shipments of subject merchandise from this producer/exporter combination will be excluded from the antidumping duty order. This exclusion is not applicable to merchandise exported to the United States by TCK in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/ exporter combination. [[Page 24745]] These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this 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 this notice 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 Korea 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 351.210(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 Comment 1: Whether to Apply Total AFA to TCK Based on Verification Comment 1(a): Minor Corrections Comment 1(b): Tolling Arrangement Comment 1(c): Misreported Sales of Products Not Produced Comment 1(d): Failure to Provide Correct Translations Comment 2: Whether to Apply AFA to Down Nara Comment 3: Whether Commerce's Calculation of the ``All-Others'' Rate is Supported by its Practice and Is Consistent with the Statute and Court Precedent Comment 4: Whether the Totality of Circumstances Regarding Cost Reporting Warrants Application of Total or Partial AFA. Comment 5: Whether Commerce Should Adjust the Purchases of EG for Physical Inventory Adjustments and Certain Ancillary Costs. Comment 6: Whether Commerce Should Adjust TCK's Reported Unit Costs of Manufacture for the Subject Fine Denier PSF Comment 6(a): Pattern of Understatement Comment 6(b): Physical Characteristics Comment 6(c): SAP[supreg] System Comment 6(d): PET Chips Comment 6(e): TPA Consumption Comment 6(f): Affiliated PET Chips Purchases Comment 7: Whether Commerce Should Adjust the Affiliated Trading Company's SG&A Expense Rate Calculation Comment 8: Whether Commerce Should Adjust the Cost and Sales of Certain Product Codes Comment 9: Whether Commerce Should Deny the Offset to G&A Expenses Comment 10: Whether Commerce Should Adjust the Non-Operating Income Used to Offset the G&A and Financial Expenses Comment 11: Whether Commerce Should Continue to Apply the Affiliated Party Purchases Adjustment Comment 12: Whether Commerce Should Eliminate the Unreconciled Difference Adjustment to TCK's Reported Costs III. Background IV. Scope of the Investigation V. Discussion of the Issues VI. Recommendation [FR Doc. 2018-11711 Filed 5-29-18; 8:45 am] BILLING CODE 3510-DS-P
![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.
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![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24745
These suspension of liquidation Dated: May 23, 2018. Comment 7: Whether Commerce Should
instructions will remain in effect until Gary Taverman, Adjust the Affiliated Trading Company’s
further notice. SG&A Expense Rate Calculation
Deputy Assistant Secretary for Antidumping
Comment 8: Whether Commerce Should
and Countervailing Duty Operations
Disclosure Adjust the Cost and Sales of Certain
performing the non-exclusive functions and
Product Codes
duties of the Assistant Secretary for
Commerce intends to disclose to Comment 9: Whether Commerce Should
Enforcement and Compliance.
interested parties its calculations and Deny the Offset to G&A Expenses
analysis performed in this final Appendix I—Scope of the Investigation Comment 10: Whether Commerce Should
Adjust the Non-Operating Income Used
determination within five days of any The merchandise covered by this to Offset the G&A and Financial
public announcement or, if there is no investigation is fine denier polyester staple Expenses
public announcement, within five days fiber (fine denier PSF), not carded or combed, Comment 11: Whether Commerce Should
of the date of publication of this notice measuring less than 3.3 decitex (3 denier) in Continue to Apply the Affiliated Party
in accordance with 19 CFR 351.224(b). diameter. The scope covers all fine denier Purchases Adjustment
PSF, whether coated or uncoated. The Comment 12: Whether Commerce Should
International Trade Commission following products are excluded from the Eliminate the Unreconciled Difference
Notification scope: Adjustment to TCK’s Reported Costs
(1) PSF equal to or greater than 3.3 decitex III. Background
In accordance with section 735(d) of (more than 3 denier, inclusive) currently IV. Scope of the Investigation
the Act, Commerce will notify the classifiable under Harmonized Tariff V. Discussion of the Issues
Schedule of the United States (HTSUS) VI. Recommendation
International Trade Commission (ITC) of
subheadings 5503.20.0045 and 5503.20.0065.
its final affirmative determination. (2) Low-melt PSF defined as a bi-
[FR Doc. 2018–11711 Filed 5–29–18; 8:45 am]
Because the final determination in this component polyester fiber having a polyester BILLING CODE 3510–DS–P
proceeding is affirmative, in accordance fiber component that melts at a lower
with section 735(b)(2)(B) of the Act, the temperature than the other polyester fiber
ITC will make its final determination as component, which is currently classifiable DEPARTMENT OF COMMERCE
to whether the domestic industry in the under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the International Trade Administration
United States is materially injured, or
HTSUS subheading 5503.20.0025. Although [A–583–860]
threatened with material injury, by the HTSUS subheadings are provided for
reason of imports of fine denier PSF convenience and customs purposes, the Fine Denier Polyester Staple Fiber
from Korea no later than 45 days after written description of the scope of this
From Taiwan: Final Affirmative
Commerce’s final determination. If the investigation is dispositive.
Determination of Sales at Less Than
ITC determines that material injury or Appendix II—List of Topics Discussed Fair Value
threat of material injury does not exist, in the Issues and Decision
the proceeding will be terminated and AGENCY: Enforcement and Compliance,
Memorandum
all securities posted will be refunded or International Trade Administration,
canceled. If the ITC determines that I. Summary Department of Commerce.
II. List of Issues SUMMARY: The Department of Commerce
such injury does exist, Commerce will Comment 1: Whether to Apply Total AFA
issue an antidumping duty order (Commerce) determines that fine denier
to TCK Based on Verification
directing CBP to assess, upon further Comment 1(a): Minor Corrections polyester staple fiber (fine denier PSF)
instruction by Commerce, antidumping Comment 1(b): Tolling Arrangement from Taiwan is being, or is likely to be,
duties on appropriate imports of the Comment 1(c): Misreported Sales of sold in the United States at less than fair
subject merchandise entered, or Products Not Produced value (LTFV). The period of
withdrawn from warehouse, for Comment 1(d): Failure to Provide Correct investigation (POI) is April 1, 2016,
consumption on or after the effective
Translations through March 31, 2017.
Comment 2: Whether to Apply AFA to DATES: Applicable May 30, 2018.
date of the suspension of liquidation. Down Nara
FOR FURTHER INFORMATION CONTACT: Lilit
Notification to Interested Parties Comment 3: Whether Commerce’s
Calculation of the ‘‘All-Others’’ Rate is Astvatsatrian, AD/CVD Operations,
Supported by its Practice and Is Office IV, Enforcement and Compliance,
This notice serves as a reminder to
Consistent with the Statute and Court International Trade Administration,
parties subject to an administrative
Precedent U.S. Department of Commerce, 1401
protective order (APO) of their Comment 4: Whether the Totality of Constitution Avenue NW, Washington,
responsibility concerning the Circumstances Regarding Cost Reporting DC 20230; telephone: (202) 482–6412.
disposition of proprietary information Warrants Application of Total or Partial SUPPLEMENTARY INFORMATION:
disclosed under APO in accordance AFA.
with 19 CFR 351.305(a)(3). Timely Comment 5: Whether Commerce Should Background
notification of the return or destruction Adjust the Purchases of EG for Physical
Inventory Adjustments and Certain
On January 5, 2018, Commerce
of APO materials, or conversion to published the Preliminary
Ancillary Costs.
judicial protective order, is hereby Comment 6: Whether Commerce Should Determination of this antidumping duty
requested. Failure to comply with the Adjust TCK’s Reported Unit Costs of investigation, as provided by section
regulations and the terms of an APO is Manufacture for the Subject Fine Denier 735 of the Tariff Act of 1930, as
sradovich on DSK3GMQ082PROD with NOTICES
a violation subject to sanction. PSF amended (the Act). Commerce
Comment 6(a): Pattern of Understatement preliminarily found that fine denier PSF
This determination and this notice are
Comment 6(b): Physical Characteristics from Taiwan was sold at LTFV.1 A
issued and published pursuant to Comment 6(c): SAP® System
sections 735(d) and 777(i)(1) of the Act Comment 6(d): PET Chips 1 See Fine Denier Polyester Staple Fiber from
and 19 CFR 351.210(c). Comment 6(e): TPA Consumption Taiwan: Preliminary Affirmative Determination of
Comment 6(f): Affiliated PET Chips Sales at Less Than Fair Value, Postponement of
Purchases Continued
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Document Created: 2018-05-30 01:01:41
Document Modified: 2018-05-30 01:01:41
| 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 | Karine Gziryan or Celeste Chen, 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) 482-4081 of (202) 482-0890 respectively. | |
| FR Citation | 83 FR 24743 |
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