83_FR_24849 83 FR 24745 - Fine Denier Polyester Staple Fiber From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value

83 FR 24745 - Fine Denier Polyester Staple Fiber From Taiwan: 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)

Page Range24745-24747
FR Document2018-11712

The Department of Commerce (Commerce) determines that fine denier polyester staple fiber (fine denier PSF) from Taiwan 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.

Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24745-24747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11712]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-860]


Fine Denier Polyester Staple Fiber From Taiwan: 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 Taiwan 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: Lilit Astvatsatrian, 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) 482-6412.

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 Taiwan was sold at 
LTFV.\1\ A

[[Page 24746]]

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 Taiwan: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 83 FR 668 (January 5, 2018), and accompanying 
Preliminary Decision Memorandum (collectively, Preliminary 
Determination).
    \2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
Taiwan: 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 Taiwan. 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, from January 8 through 
19, 2018, we conducted a verification of the information reported by 
the mandatory respondent Tainan Spinning Co., Ltd. (TSCL), 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, ``Antidumping Duty Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan: Verification of the Sales 
Responses of Tainan Spinning Co., Ltd.,'' dated February 28, 2018; 
and Memorandum, ``Verification of the Cost Response of Tainan 
Spinning Co., Ltd. in the Less-Than-Fair-Value Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan,'' dated February 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, Commerce has continued to base Far Eastern Textile, 
Ltd.'s (Far Eastern) \9\ dumping margin on the facts otherwise 
available, with an adverse inference, because the company did not 
respond to Commerce's questionnaire or otherwise participate in the 
investigation.\10\
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    \9\ Also known as Far Eastern New Century Corporation.
    \10\ See Memorandum, ``Antidumping Duty Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan: Far Eastern Textile 
Ltd.,'' dated August 8, 2017, at Attachment I (Far Eastern 
Withdrawal).
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the dumping margin calculations for TSCL. 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 Far Eastern is based on AFA and (2) the dumping 
margin for TSCL 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 Far Eastern and TSCL.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Tainan Spinning Co., Ltd................................            0.00
Far Eastern Textile Ltd. (AKA Far Eastern New Century              48.86
 Corporation)...........................................
All-Others..............................................           24.43
------------------------------------------------------------------------

    Consistent with section 735(a)(4) of the Act, based on the zero 
rate for TSCL, Commerce has determined that TSCL has not sold 
merchandise which it produced and exported at LTFV.

[[Page 24747]]

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 
Taiwan 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 TSCL is 
zero, entries of shipments of subject merchandise both produced and 
exported by TSCL 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 produced and exported by TSCL. Entries of shipments 
of subject merchandise from TSCL 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 produced and exported by TSCL 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 TSCL in any other producer/exporter combinations or by third 
parties that sourced subject merchandise from the excluded producer/
exporter combination.
    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 Taiwan 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
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
    Comment 1: Reported Costs for a Certain Product Control Number 
(CONNUM)
    Comment 1(a): Direct Material Costs
    Comment 1(b): Allocation of Labor and Overhead
    Comment 1(c): Market Price Methodology for Grades B and C PSF
    Comment 1(d): Scrap Offset Calculation
    Comment 2: Factoring Agreement
    Comment 3: Packing Cost
    Comment 4: Application of Partial Facts Available
VI. Recommendation

[FR Doc. 2018-11712 Filed 5-29-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            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




                                           VerDate Sep<11>2014   17:04 May 29, 2018   Jkt 244001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\30MYN1.SGM   30MYN1


                                                24746                       Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices

                                                summary of the events that have                         parties’ comments, we made no changes                 Changes Since the Preliminary
                                                occurred since Commerce published the                   to the scope of the investigation, as it              Determination
                                                Preliminary Determination, as well as a                 appeared in the Preliminary
                                                full discussion of the issues raised by                 Determination.7 The product covered by                  Based on our analysis of the
                                                interested parties for this final                       this investigation is fine denier PSF                 comments received, we made certain
                                                determination, may be found in the                      from Taiwan. For a complete                           changes to the dumping margin
                                                Issues and Decision Memorandum.2 The                    description of the scope of this                      calculations for TSCL. For further
                                                Issues and Decision Memorandum is a                     investigation, see Appendix I.                        discussion, see the Issues and Decision
                                                public document and is on file                                                                                Memorandum.
                                                electronically via Enforcement and                      Verification
                                                                                                                                                              All-Others Rate
                                                Compliance’s Antidumping and                              As provided in section 782(i) of the
                                                Countervailing Duty Centralized                         Act, from January 8 through 19, 2018,                    Section 735(c)(5)(A) of the Act
                                                Electronic Service System (ACCESS).                     we conducted a verification of the                    provides that in the final determination
                                                ACCESS is available to registered users                 information reported by the mandatory                 Commerce shall determine an estimated
                                                at https://access.trade.gov, and to all                 respondent Tainan Spinning Co., Ltd.                  all-others rate for all exporters and
                                                parties in the Central Records Unit,                    (TSCL), for use in this final                         producers not individually examined.
                                                Room B8024 of the main Department of                    determination.8 We used standard                      This rate shall be an amount equal to
                                                Commerce building. In addition, a                       verification procedures, including an                 the weighted average of the estimated
                                                complete version of the Issues and                      examination of relevant accounting and                weighted-average dumping margins
                                                Decision Memorandum can be accessed                     production records and original source                established for exporters and producers
                                                directly at http://enforcement.trade.gov/               documents provided by the respondent.                 individually investigated, excluding any
                                                frn/.                                                                                                         zero and de minimis margins, and any
                                                   Commerce has exercised its discretion                Analysis of Comments Received
                                                                                                                                                              margins determined entirely under
                                                to toll deadlines for the duration of the                  All issues raised in the case and                  section 776 of the Act.
                                                closure of the Federal Government from                  rebuttal briefs that were submitted by
                                                January 20 through 22, 2018. The                                                                                 Pursuant to section 735(c)(5)(B) of the
                                                                                                        parties in this investigation are
                                                revised deadline for the final                                                                                Act, if the estimated weighted-average
                                                                                                        addressed in the Issues and Decision
                                                determination in this investigation is                                                                        dumping margins established for all
                                                                                                        Memorandum. A list of these issues is
                                                now May 23, 2018.3                                                                                            exporters and producers individually
                                                                                                        attached to this notice as Appendix II.
                                                                                                                                                              examined are zero, de minimis or
                                                Scope Comments                                          Application of Adverse Facts Available                determined based entirely on facts
                                                  We provided parties an opportunity to                 (AFA)                                                 otherwise available, Commerce may use
                                                provide comments on all issues                            As in the Preliminary Determination,                ‘‘any reasonable method to establish the
                                                regarding product coverage (i.e., scope).4              pursuant to sections 776(a) and (b) of                estimated weighted-average dumping
                                                Certain interested parties commented on                 the Act, Commerce has continued to                    margin for all-other producers and/or
                                                the scope of the investigation as it                    base Far Eastern Textile, Ltd.’s (Far                 exporters, including averaging the
                                                appeared in the Preliminary                             Eastern) 9 dumping margin on the facts                estimated weighted average dumping
                                                Determination.5 For a summary of the                    otherwise available, with an adverse                  margins determined for the exporters
                                                product coverage comments and                           inference, because the company did not                and producers individually
                                                rebuttals submitted to the record of this               respond to Commerce’s questionnaire or                investigated.’’ Because (1) the dumping
                                                investigation, and our accompanying                     otherwise participate in the                          margin for Far Eastern is based on AFA
                                                discussion and analysis of the                          investigation.10                                      and (2) the dumping margin for TSCL is
                                                comments and rebuttals that were                                                                              zero, pursuant to section 735(c)(5)(B) of
                                                timely received, see the Final Scope                                                                          the Act, we calculated the ‘‘all-others’’’
                                                                                                        Determinations,’’ dated January 16, 2018 (Final
                                                Decision Memorandum.6 Based on                          Scope Memorandum).                                    rate as a simple average of the dumping
                                                                                                           7 While we made no changes to the scope based      margins of Far Eastern and TSCL.
                                                Final Determination, and Extension of Provisional       on parties’ comments, we discovered that we
                                                Measures, 83 FR 668 (January 5, 2018), and              inadvertently included the phrase ‘‘or pre-opened’’   Final Determination
                                                accompanying Preliminary Decision Memorandum            in the scope in the Preliminary Determination. This
                                                (collectively, Preliminary Determination).              phrase was not included in the scope in the             Commerce determines that the
                                                   2 See Memorandum, ‘‘Fine Denier Polyester            Initiation (see Fine Denier Polyester Staple Fiber    following estimated weighted-average
                                                Staple Fiber from Taiwan: Issues and Decision           from the People’s Republic of China, India, the       dumping margins exist:
                                                Memorandum for the Final Affirmative                    Republic of Korea, Taiwan, and the Socialist
                                                Determination in the Less Than Fair Value,’’ dated      Republic of Vietnam: Initiation of Less-Than-Fair-
                                                concurrently with, and hereby adopted by, this          Value Investigations, 82 FR 29023 (Initiation). We                                                Estimated
                                                notice (Issues and Decision Memorandum).                have corrected this error by removing the phrase                                                  weighted-
                                                   3 See Memorandum for The Record from                 ‘‘or pre-opened’’ from the scope for this final                                                    average
                                                                                                                                                                      Exporter/producer
                                                Christian Marsh, Deputy Assistant Secretary for         determination.                                                                                    dumping
                                                Enforcement and Compliance, performing the non-            8 See Memorandum, ‘‘Antidumping Duty                                                            margin
                                                exclusive functions and duties of the Assistant         Investigation of Fine Denier Polyester Staple Fiber                                               (percent)
                                                Secretary for Enforcement and Compliance,               from Taiwan: Verification of the Sales Responses of
                                                ‘‘Deadlines Affected by the Shutdown of the             Tainan Spinning Co., Ltd.,’’ dated February 28,       Tainan Spinning Co., Ltd ......                    0.00
                                                Federal Government’’ (Tolling Memorandum),              2018; and Memorandum, ‘‘Verification of the Cost      Far Eastern Textile Ltd.
                                                dated January 23, 2018. All deadlines in this           Response of Tainan Spinning Co., Ltd. in the Less-      (AKA Far Eastern New
                                                segment of the proceeding have been extended by         Than-Fair-Value Investigation of Fine Denier            Century Corporation) ........                   48.86
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                                                three days.                                             Polyester Staple Fiber from Taiwan,’’ dated
                                                   4 See Memorandum, ‘‘Due Dates for Case and
                                                                                                                                                              All-Others ..............................         24.43
                                                                                                        February 27, 2018.
                                                Rebuttal Briefs Regarding the Scope,’’ dated               9 Also known as Far Eastern New Century
                                                December 11, 2017.                                      Corporation.                                            Consistent with section 735(a)(4) of
                                                   5 See Preliminary Determination.                        10 See Memorandum, ‘‘Antidumping Duty
                                                   6 See Memorandum, ‘‘Fine Denier Polyester
                                                                                                                                                              the Act, based on the zero rate for TSCL,
                                                                                                        Investigation of Fine Denier Polyester Staple Fiber
                                                Staple Fiber from the People’s Republic of China,       from Taiwan: Far Eastern Textile Ltd.,’’ dated
                                                                                                                                                              Commerce has determined that TSCL
                                                India, Republic of Korea, and Taiwan: Scope             August 8, 2017, at Attachment I (Far Eastern          has not sold merchandise which it
                                                Comments Decision Memorandum for the Final              Withdrawal).                                          produced and exported at LTFV.


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                                                                            Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices                                                   24747

                                                Suspension of Liquidation                               States by TSCL in any other producer/                   Dated: May 23, 2018.
                                                   In accordance with section                           exporter combinations or by third                     Gary Taverman,
                                                735(c)(1)(B) of the Act, Commerce will                  parties that sourced subject                          Deputy Assistant Secretary for Antidumping
                                                instruct U.S. Customs and Border                        merchandise from the excluded                         and Countervailing Duty Operations
                                                                                                        producer/exporter combination.                        performing the non-exclusive functions and
                                                Protection (CBP) to continue to suspend                                                                       duties of the Assistant Secretary for
                                                liquidation of all appropriate entries of                 These suspension of liquidation
                                                                                                                                                              Enforcement and Compliance.
                                                fine denier PSF from Taiwan as                          instructions will remain in effect until
                                                described in Appendix I of this notice,                 further notice.                                       Appendix I—Scope of the Investigation
                                                which were entered, or withdrawn from                   Disclosure                                               The merchandise covered by this
                                                warehouse, for consumption on or after                                                                        investigation is fine denier polyester staple
                                                January 5, 2018, the date of publication                  Commerce intends to disclose to                     fiber (fine denier PSF), not carded or combed,
                                                of the Preliminary Determination of this                interested parties its calculations and               measuring less than 3.3 decitex (3 denier) in
                                                investigation in the Federal Register.                  analysis performed in this final                      diameter. The scope covers all fine denier
                                                Further, pursuant to section 735(c)(1)(B)               determination within five days of any                 PSF, whether coated or uncoated. The
                                                                                                        public announcement or, if there is no                following products are excluded from the
                                                of the Act and 19 CFR 351.210(d),
                                                                                                        public announcement, within five days                 scope:
                                                Commerce will instruct CBP to require                                                                            (1) PSF equal to or greater than 3.3 decitex
                                                a cash deposit equal to the estimated                   of the date of publication of this notice
                                                                                                                                                              (more than 3 denier, inclusive) currently
                                                weighted-average dumping margin or                      in accordance with 19 CFR 351.224(b).                 classifiable under Harmonized Tariff
                                                the estimated all-others rate, as follows:              International Trade Commission                        Schedule of the United States (HTSUS)
                                                (1) The cash deposit rate for the                       Notification                                          subheadings 5503.20.0045 and 5503.20.0065.
                                                respondents listed above will be equal                                                                           (2) Low-melt PSF defined as a bi-
                                                to the respondent-specific estimated                       In accordance with section 735(d) of               component polyester fiber having a polyester
                                                                                                        the Act, Commerce will notify the                     fiber component that melts at a lower
                                                weighted-average dumping margins
                                                                                                        International Trade Commission (ITC) of               temperature than the other polyester fiber
                                                determined in this final determination;                                                                       component, which is currently classifiable
                                                (2) if the exporter is not a respondent                 its final affirmative determination.
                                                                                                                                                              under HTSUS subheading 5503.20.0015.
                                                identified above, but the producer is,                  Because the final determination in this                  Fine denier PSF is classifiable under the
                                                then the cash deposit rate will be equal                proceeding is affirmative, in accordance              HTSUS subheading 5503.20.0025. Although
                                                to the respondent-specific estimated                    with section 735(b)(2)(B) of the Act, the             the HTSUS subheadings are provided for
                                                weighted-average dumping margin                         ITC will make its final determination as              convenience and customs purposes, the
                                                established for that producer of the                    to whether the domestic industry in the               written description of the scope of this
                                                                                                        United States is materially injured, or               investigation is dispositive.
                                                subject merchandise, except as
                                                explained below; and (3) the cash                       threatened with material injury, by                   Appendix II—List of Topics Discussed
                                                deposit rate for all other producers and/               reason of imports of fine denier PSF                  in the Issues and Decision
                                                or exporters will be equal to the all-                  from Taiwan no later than 45 days after               Memorandum
                                                others estimated weighted-average                       Commerce’s final determination. If the
                                                                                                        ITC determines that material injury or                I. Summary
                                                dumping margin.                                                                                               II. List of Issues
                                                   Because the estimated weighted-                      threat of material injury does not exist,
                                                                                                                                                              III. Background
                                                average dumping margin for TSCL is                      the proceeding will be terminated and                 IV. Scope of the Investigation
                                                zero, entries of shipments of subject                   all securities posted will be refunded or             V. Discussion of the Issues
                                                merchandise both produced and                           canceled. If the ITC determines that                     Comment 1: Reported Costs for a Certain
                                                exported by TSCL will not be subject to                 such injury does exist, Commerce will                       Product Control Number (CONNUM)
                                                suspension of liquidation or cash                       issue an antidumping duty order                          Comment 1(a): Direct Material Costs
                                                deposit requirements. In such                           directing CBP to assess, upon further                    Comment 1(b): Allocation of Labor and
                                                situations, Commerce applies the                        instruction by Commerce, antidumping                        Overhead
                                                                                                        duties on appropriate imports of the                     Comment 1(c): Market Price Methodology
                                                exclusion to the provisional measures to                                                                            for Grades B and C PSF
                                                the producer/exporter combination that                  subject merchandise entered, or
                                                                                                                                                                 Comment 1(d): Scrap Offset Calculation
                                                was examined in the investigation.                      withdrawn from warehouse, for                            Comment 2: Factoring Agreement
                                                Accordingly, Commerce is directing                      consumption on or after the effective                    Comment 3: Packing Cost
                                                CBP to not suspend liquidation of                       date of the suspension of liquidation.                   Comment 4: Application of Partial Facts
                                                entries of subject merchandise produced                                                                             Available
                                                                                                        Notification to Interested Parties
                                                and exported by TSCL. Entries of                                                                              VI. Recommendation
                                                shipments of subject merchandise from                      This notice serves as a reminder to                [FR Doc. 2018–11712 Filed 5–29–18; 8:45 am]
                                                TSCL in any other producer/exporter                     parties subject to an administrative                  BILLING CODE 3510–DS–P
                                                combination, or by third parties that                   protective order (APO) of their
                                                sourced subject merchandise from the                    responsibility concerning the
                                                excluded producer/exporter                              disposition of proprietary information                DEPARTMENT OF COMMERCE
                                                combination, are subject to the                         disclosed under APO in accordance
                                                provisional measures at the all-others                  with 19 CFR 351.305(a)(3). Timely                     National Telecommunications and
                                                rate.                                                   notification of the return or destruction             Information Administration
                                                   Because the final estimated weighted-                of APO materials, or conversion to                    [Docket No. 180427421–8421–01]
                                                average dumping margin for subject                      judicial protective order, is hereby
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                                                merchandise produced and exported by                    requested. Failure to comply with the                 RIN 0660–XC042
                                                TSCL is zero, entries of shipments of                   regulations and the terms of an APO is
                                                                                                        a violation subject to sanction.                      Improving the Quality and Accuracy of
                                                subject merchandise from this producer/
                                                                                                                                                              Broadband Availability Data
                                                exporter combination will be excluded                      This determination and this notice are
                                                from the antidumping duty order. This                   issued and published pursuant to                      AGENCY:  National Telecommunications
                                                exclusion is not applicable to                          sections 735(d) and 777(i)(1) of the Act              and Information Administration, U.S.
                                                merchandise exported to the United                      and 19 CFR 351.210(c).                                Department of Commerce


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Document Created: 2018-05-30 01:02:09
Document Modified: 2018-05-30 01:02:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable May 30, 2018.
ContactLilit Astvatsatrian, 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) 482-6412.
FR Citation83 FR 24745 

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