83_FR_29215 83 FR 29094 - Low Melt Polyester Staple Fiber From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

83 FR 29094 - Low Melt Polyester Staple Fiber From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 121 (June 22, 2018)

Page Range29094-29096
FR Document2018-13448

The Department of Commerce (Commerce) determines that imports of low melt polyester staple fiber (low melt PSF) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) April 1, 2016, through March 31, 2017. In addition, we determine that critical circumstances exist with respect to certain imports of the subject merchandise. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 83 Issue 121 (Friday, June 22, 2018)
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29094-29096]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13448]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-895]


Low Melt Polyester Staple Fiber From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of low melt polyester staple fiber (low melt PSF) from the Republic of 
Korea (Korea) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV) during the period of investigation (POI) 
April 1, 2016, through March 31, 2017. In addition, we determine that 
critical circumstances exist with respect to certain imports of the 
subject merchandise. The final dumping margins of sales at LTFV are 
listed below in the ``Final Determination'' section of this notice.

DATES: Applicable June 22, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Brittany Bauer, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202) 
482-3860.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2018, Commerce published the Preliminary 
Determination of sales at LTFV of low melt PSF from Korea, in which we 
also postponed the final determination until June 18, 2018.\1\ We 
invited interested parties to comment on the Preliminary Determination. 
A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is adopted by this notice.\2\
---------------------------------------------------------------------------

    \1\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Preliminary Affirmative Determination of Critical 
Circumstances, in Part, Postponement of Final Determination, and 
Extension of Provisional Measures, 83 FR 4906 (February 2, 2018) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Low Melt Polyester Staple Fiber from the Republic 
of Korea,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is low melt PSF from 
Korea. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation'' in Appendix I of this notice. For a 
discussion of changes to the scope since the Preliminary Determination, 
see the ``Scope of the Investigation'' section of the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by submitted by 
parties in this investigation are addressed in the Issues and Decision 
Memorandum accompanying this notice. A list of the issues addressed in 
the Issues and Decision Memorandum is attached to this notice as 
Appendix II. 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 it is available to all parties in the Central 
Records Unit, Room B-8024 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/index.html. The signed and electronic versions of the Issues and 
Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as 
amended, (the Act) from February through March 2018, we conducted 
verification of the sales and cost information submitted by Huvis 
Corporation (Huvis) and Toray Chemical Korea Inc. (TCK) (collectively, 
the respondents) for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Huvis and TCK.\3\
---------------------------------------------------------------------------

    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of Huvis Corporation in the Antidumping Duty Investigation 
of Low Melt Polyester Staple Fiber from the Republic of Korea,'' 
dated April 9, 2018; Memorandum, ``Verification of the Cost Response 
of Huvis Corporation in the Antidumping Duty Investigation of Low 
Melt Polyester Staple Fiber from the Republic of Korea,'' dated 
April 12, 2018; Memorandum, ``Verification of the Sales Response of 
Toray Chemical Korea Inc. in the Antidumping Duty Investigation of 
Low Melt Polyester Staple Fiber from the Republic of Korea,'' dated 
April 9, 2018; and Memorandum, ``Verification of the Cost Response 
of Toray Chemical Korea, Inc. in the Antidumping Duty Investigation 
of Low Melt Polyester Staple Fiber from the Republic of Korea,'' 
dated April 6, 2018.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
the respondents. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

[[Page 29095]]

Final Affirmative Determination of Critical Circumstances, in Part

    For the Preliminary Determination, Commerce found that critical 
circumstances did not exist for Huvis, but did with respect to imports 
of low melt PSF from TCK and all other companies.\4\ For the final 
determination, we continue to find that critical circumstances do not 
exist for Huvis and exist for TCK. However, based on our analysis of 
import volumes, we now find that critical circumstances do not exist 
for ``all others.'' For further discussion, see the Issues and Decision 
Memorandum at ``Critical Circumstances.'' Thus, pursuant to section 
735(a)(3) of the Act, and 19 CFR 351.206, we find that critical 
circumstances exist with respect to subject merchandise produced or 
exported by TCK.
---------------------------------------------------------------------------

    \4\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 16 to 21.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all-other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. TCK is the only respondent for which Commerce calculated an 
estimated weighted-average dumping margin that is not zero, de minimis, 
or based entirely on facts otherwise available. Therefore, for purposes 
of determining the ``all-others'' rate, and pursuant to section 
735(c)(5)(A) of the Act, we are using the estimated weighted-average 
dumping margin calculated for TCK, as referenced in the ``Final 
Determination'' section below.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Huvis Corporation...........................................        0.00
Toray Chemical Korea Inc....................................       16.27
All Others..................................................       16.27
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to continue to suspend liquidation of all entries of low melt PSF, as 
described in Appendix I of this notice, which are entered, or withdrawn 
from warehouse, for consumption on or after February 2, 2018, the date 
of publication in the Federal Register of the affirmative Preliminary 
Determination. Further, we will instruct CBP to require a cash deposit 
equal to the estimated weighted-average dumping margins indicated in 
the chart above.\5\ Because the estimated weighted-average dumping 
margin for Huvis is zero, entries of shipments of subject merchandise 
both produced and exported by Huvis 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 both exported and produced by Huvis. 
However, entries of shipments of subject merchandise from Huvis in any 
other producer/exporter combination, or by third parties that sourced 
subject merchandise from the excluded producer/exporter combination, 
are subject to the cash deposit requirements at the all-others rate.
---------------------------------------------------------------------------

    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

    For entries made by TCK, in accordance with section 735(c)(4)(B) of 
the Act, because we continue to find that critical circumstances exist, 
we will instruct CBP to continue to suspend liquidation of all 
appropriate entries of low melt PSF from Korea which were entered, or 
withdrawn from warehouse, for consumption on or after November 4, 2017, 
which is 90 days prior to the date of publication of the preliminary 
determination of this investigation in the Federal Register.
    With regard to companies covered by the ``all-others'' rate, we 
will instruct CBP to suspend liquidation of all entries made by 
companies subject to the all-others rate of low melt PSF from Korea 
which were entered, or withdrawn from warehouse, for consumption on or 
after February 2, 2018, the date of the publication of the Preliminary 
Determination of this investigation in the Federal Register. However, 
because we did not find that critical circumstances exist with regard 
to companies covered by the ``all-others'' rate, in accordance with 
735(c)(1)(B) of the Act, we will instruct CBP to lift suspension and to 
refund any cash deposits made to secure payment of estimated 
antidumping duties with respect to entries of low melt PSF from Korea 
entered, or withdrawn from warehouse, for consumption on or after 
November 4, 2017 (i.e., 90 days prior to the date of publication of the 
Preliminary Determination), but before February 2, 2018, (i.e., the 
date of publication of the Preliminary Determination of this 
investigation in the Federal Register).
    These suspension of liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) 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, or sales (or the likelihood of 
sales) for importation of low melt PSF from Korea no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated and all cash 
deposits 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 all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation, as discussed above in the 
``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    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

[[Page 29096]]

written notification of 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 
sanctionable violation.

Notification to Interested Parties

    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: June 18, 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 subject to this investigation is synthetic 
staple fibers, not carded or combed, specifically bi-component 
polyester fibers having a polyester fiber component that melts at a 
lower temperature than the other polyester fiber component (low melt 
PSF). The scope includes bi-component polyester staple fibers of any 
denier or cut length. The subject merchandise may be coated, usually 
with a finish or dye, or not coated.
    Low melt PSF is classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 5503.20.0015. 
Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of the 
merchandise under the investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
    Huvis
    1. Major Input Rule
    2. U.S. Bank Charges
    3. Duty Drawback for Huvis
    4. Critical Circumstances
    5. Corrections Found at Verification
    TCK
    6. Denier Range Reporting
    7. U.S. Destination Reporting
    8. TCK's Unpaid Sales
    9. Duty Drawback Adjustment for TCK
    10. General and Administrative (G&A) Expense Rate for TCK
    11. Financial Expense Rate
    12. TCK's Affiliated Party Inputs
    13. Selling, General and Administrative (SG&A) Expense Rate for 
Toray International
VII. Recommendation

[FR Doc. 2018-13448 Filed 6-21-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               29094                           Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices

                                               8482.99.4500. While the HTSUS subheadings               United States at less than fair value                  this investigation are addressed in the
                                               are provided for convenience and for                    (LTFV) during the period of                            Issues and Decision Memorandum
                                               customs purposes, the written description of            investigation (POI) April 1, 2016,                     accompanying this notice. A list of the
                                               the subject merchandise is dispositive.                 through March 31, 2017. In addition, we                issues addressed in the Issues and
                                                                                                       determine that critical circumstances                  Decision Memorandum is attached to
                                               Appendix II
                                                                                                       exist with respect to certain imports of               this notice as Appendix II. The Issues
                                               List of Topics Discussed in the Issues and              the subject merchandise. The final                     and Decision Memorandum is a public
                                               Decision Memorandum                                     dumping margins of sales at LTFV are                   document and is on file electronically
                                               I. Summary                                              listed below in the ‘‘Final                            via Enforcement and Compliance’s
                                               II. Background                                          Determination’’ section of this notice.                Antidumping and Countervailing Duty
                                               III. Scope of the Investigation                         DATES: Applicable June 22, 2018.                       Centralized Electronic Service System
                                               IV. Margin Calculations                                                                                        (ACCESS). ACCESS is available to
                                               V. Discussion of the Issues                             FOR FURTHER INFORMATION CONTACT:
                                                  1. Allegation of a Particular Market                 Alice Maldonado or Brittany Bauer, AD/                 registered users at https://
                                                     Situation (PMS) in Korea                          CVD Operations, Office II, Enforcement                 access.trade.gov, and it is available to
                                                  2. Affiliation With Hyundai Motor                    and Compliance, International Trade                    all parties in the Central Records Unit,
                                                     Company (HMC)                                     Administration, U.S. Department of                     Room B–8024 of the main Department
                                                  3. Using New Prototype Sales in the                  Commerce, 1401 Constitution Avenue                     of Commerce building. In addition, a
                                                     Calculation of Normal Value (NV) and              NW, Washington, DC 20230; telephone:                   complete version of the Issues and
                                                     U.S. Price                                                                                               Decision Memorandum can be accessed
                                                                                                       (202) 482–4682 or (202) 482–3860.
                                                  4. Reclassifying Certain Prototype Sales as                                                                 directly at http://enforcement.trade.gov/
                                                     Export Price (EP)                                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                              frn/index.html. The signed and
                                                  5. Post-Sale Price Adjustments
                                                                                                       Background                                             electronic versions of the Issues and
                                                  6. Constructed Export Price (CEP) Offset
                                                  7. Calculating Financial Expenses                      On February 2, 2018, Commerce                        Decision Memorandum are identical in
                                                  8. Applying Partial Adverse Facts                    published the Preliminary                              content.
                                                     Available (AFA) to Direct Material Costs          Determination of sales at LTFV of low
                                                  9. Unreported Home Market Sales
                                                                                                                                                              Verification
                                                                                                       melt PSF from Korea, in which we also
                                                  10. Level of Trade (LOT) and CEP Offset              postponed the final determination until                   As provided in section 782(i) of the
                                                  11. Home Market Rebates
                                                  12. Home Market Billing Adjustments
                                                                                                       June 18, 2018.1 We invited interested                  Tariff Act of 1930, as amended, (the Act)
                                                  13. U.S. Movement Expenses in Korea                  parties to comment on the Preliminary                  from February through March 2018, we
                                                  14. U.S. Movement Expenses in the United             Determination. A summary of the events                 conducted verification of the sales and
                                                     States                                            that occurred since Commerce                           cost information submitted by Huvis
                                                  15. U.S. Warehousing Expenses                        published the Preliminary                              Corporation (Huvis) and Toray
                                                  16. Calculation of U.S. Duties                       Determination, as well as a full                       Chemical Korea Inc. (TCK) (collectively,
                                                  17. U.S. Billing Adjustments                         discussion of the issues raised by parties             the respondents) for use in our final
                                                  18. Rebates Granted on U.S. Sales                    for this final determination, may be                   determination. We used standard
                                                  19. Borrowing Rate for U.S. Credit                   found in the Issues and Decision                       verification procedures, including an
                                                     Expenses
                                                  20. Classifying Certain Sales as EP
                                                                                                       Memorandum, which is adopted by this                   examination of relevant accounting and
                                                  21. Calculating Financial Expenses                   notice.2                                               production records, and original source
                                                  22. Commerce’s Schedule for Submitting                                                                      documents provided by Huvis and
                                                                                                       Scope of the Investigation
                                                     Case Briefs                                                                                              TCK.3
                                               VI. Recommendation                                         The product covered by this
                                                                                                       investigation is low melt PSF from                     Changes Since the Preliminary
                                               [FR Doc. 2018–13447 Filed 6–21–18; 8:45 am]
                                                                                                       Korea. For a full description of the                   Determination
                                               BILLING CODE 3510–DS–P
                                                                                                       scope of this investigation, see the                     Based on our analysis of the
                                                                                                       ‘‘Scope of the Investigation’’ in                      comments received and our findings at
                                               DEPARTMENT OF COMMERCE                                  Appendix I of this notice. For a                       verification, we made certain changes to
                                                                                                       discussion of changes to the scope since               the margin calculations for the
                                               International Trade Administration                      the Preliminary Determination, see the                 respondents. For a discussion of these
                                                                                                       ‘‘Scope of the Investigation’’ section of              changes, see the ‘‘Margin Calculations’’
                                               [A–580–895]
                                                                                                       the Issues and Decision Memorandum.                    section of the Issues and Decision
                                               Low Melt Polyester Staple Fiber From                    Analysis of Comments Received                          Memorandum.
                                               the Republic of Korea: Final
                                                                                                         All issues raised in the case and
                                               Determination of Sales at Less Than                                                                               3 For discussion of our verification findings, see
                                                                                                       rebuttal briefs by submitted by parties in
                                               Fair Value and Final Affirmative                                                                               the following memoranda: Memorandum,
                                               Determination of Critical                                                                                      ‘‘Verification of the Sales Response of Huvis
                                                                                                          1 See Low Melt Polyester Staple Fiber from the
                                                                                                                                                              Corporation in the Antidumping Duty Investigation
                                               Circumstances, in Part                                  Republic of Korea: Preliminary Affirmative             of Low Melt Polyester Staple Fiber from the
                                                                                                       Determination of Sales at Less Than Fair Value,        Republic of Korea,’’ dated April 9, 2018;
                                               AGENCY:  Enforcement and Compliance,                    Preliminary Affirmative Determination of Critical      Memorandum, ‘‘Verification of the Cost Response of
                                               International Trade Administration,                     Circumstances, in Part, Postponement of Final          Huvis Corporation in the Antidumping Duty
                                               Department of Commerce.                                 Determination, and Extension of Provisional            Investigation of Low Melt Polyester Staple Fiber
                                                                                                       Measures, 83 FR 4906 (February 2, 2018)                from the Republic of Korea,’’ dated April 12, 2018;
                                               SUMMARY: The Department of Commerce
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       (Preliminary Determination) and accompanying           Memorandum, ‘‘Verification of the Sales Response
                                               (Commerce) determines that imports of                   Preliminary Decision Memorandum.                       of Toray Chemical Korea Inc. in the Antidumping
                                               low melt polyester staple fiber (low melt                  2 See Memorandum, ‘‘Issues and Decision             Duty Investigation of Low Melt Polyester Staple
                                               PSF) from the Republic of Korea (Korea)                 Memorandum for the Final Affirmative                   Fiber from the Republic of Korea,’’ dated April 9,
                                                                                                       Determination in the Less-Than-Fair-Value              2018; and Memorandum, ‘‘Verification of the Cost
                                               are being, or are likely to be, sold in the             Investigation of Low Melt Polyester Staple Fiber       Response of Toray Chemical Korea, Inc. in the
                                                                                                       from the Republic of Korea,’’ dated concurrently       Antidumping Duty Investigation of Low Melt
                                               8482.20.0080, and products entering under               with, and hereby adopted by, this notice (Issues and   Polyester Staple Fiber from the Republic of Korea,’’
                                               8482.99.1550 entered under 8482.99.1540.                Decision Memorandum).                                  dated April 6, 2018.



                                          VerDate Sep<11>2014   17:16 Jun 21, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\22JNN1.SGM   22JNN1


                                                                               Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices                                            29095

                                               Final Affirmative Determination of                      publication of this notice to parties in               February 2, 2018, the date of the
                                               Critical Circumstances, in Part                         this proceeding in accordance with 19                  publication of the Preliminary
                                                  For the Preliminary Determination,                   CFR 351.224(b).                                        Determination of this investigation in
                                               Commerce found that critical                                                                                   the Federal Register. However, because
                                                                                                          Continuation of Suspension of
                                               circumstances did not exist for Huvis,                                                                         we did not find that critical
                                                                                                          Liquidation
                                               but did with respect to imports of low                                                                         circumstances exist with regard to
                                                                                                             In accordance with section                       companies covered by the ‘‘all-others’’
                                               melt PSF from TCK and all other
                                                                                                          735(c)(1)(B) of the Act, for this final             rate, in accordance with 735(c)(1)(B) of
                                               companies.4 For the final determination,
                                                                                                          determination, we will direct U.S.                  the Act, we will instruct CBP to lift
                                               we continue to find that critical
                                                                                                          Customs and Border Protection (CBP) to              suspension and to refund any cash
                                               circumstances do not exist for Huvis
                                                                                                          continue to suspend liquidation of all              deposits made to secure payment of
                                               and exist for TCK. However, based on
                                                                                                          entries of low melt PSF, as described in            estimated antidumping duties with
                                               our analysis of import volumes, we now
                                                                                                          Appendix I of this notice, which are                respect to entries of low melt PSF from
                                               find that critical circumstances do not
                                                                                                          entered, or withdrawn from warehouse,               Korea entered, or withdrawn from
                                               exist for ‘‘all others.’’ For further
                                                                                                          for consumption on or after February 2,             warehouse, for consumption on or after
                                               discussion, see the Issues and Decision
                                                                                                          2018, the date of publication in the                November 4, 2017 (i.e., 90 days prior to
                                               Memorandum at ‘‘Critical
                                                                                                          Federal Register of the affirmative                 the date of publication of the
                                               Circumstances.’’ Thus, pursuant to
                                                                                                          Preliminary Determination. Further, we              Preliminary Determination), but before
                                               section 735(a)(3) of the Act, and 19 CFR
                                                                                                          will instruct CBP to require a cash                 February 2, 2018, (i.e., the date of
                                               351.206, we find that critical
                                                                                                          deposit equal to the estimated weighted-            publication of the Preliminary
                                               circumstances exist with respect to
                                                                                                          average dumping margins indicated in                Determination of this investigation in
                                               subject merchandise produced or
                                                                                                          the chart above.5 Because the estimated             the Federal Register).
                                               exported by TCK.
                                                                                                          weighted-average dumping margin for                   These suspension of liquidation
                                               All-Others Rate                                            Huvis is zero, entries of shipments of              instructions will remain in effect until
                                                  Section 735(c)(5)(A) of the Act                         subject merchandise both produced and               further notice.
                                               provides that the estimated weighted-                      exported by Huvis will not be subject to
                                                                                                          suspension of liquidation or cash                   International Trade Commission
                                               average dumping margin for all-other                                                                           Notification
                                               producers and exporters not                                deposit requirements. In such
                                               individually investigated shall be equal                   situations, Commerce applies the                       In accordance with section 735(d) of
                                               to the weighted average of the estimated exclusion to the provisional measures to                              the Act, we will notify the International
                                                                                                          the producer/exporter combination that              Trade Commission (ITC) of the final
                                               weighted-average dumping margins
                                                                                                          was examined in the investigation.                  affirmative determination of sales at
                                               established for exporters and producers
                                                                                                          Accordingly, Commerce is directing                  LTFV. Because Commerce’s final
                                               individually investigated excluding
                                                                                                          CBP to not suspend liquidation of                   determination is affirmative, in
                                               rates that are zero, de minimis, or
                                                                                                          entries of subject merchandise both                 accordance with section 735(b)(2) of the
                                               determined entirely under section 776
                                                                                                          exported and produced by Huvis.                     Act, the ITC will make its final
                                               of the Act. TCK is the only respondent
                                                                                                          However, entries of shipments of subject            determination as to whether the
                                               for which Commerce calculated an
                                                                                                          merchandise from Huvis in any other                 domestic industry in the United States
                                               estimated weighted-average dumping
                                                                                                          producer/exporter combination, or by                is materially injured, or threatened with
                                               margin that is not zero, de minimis, or
                                                                                                          third parties that sourced subject                  material injury, by reason of imports, or
                                               based entirely on facts otherwise
                                                                                                          merchandise from the excluded                       sales (or the likelihood of sales) for
                                               available. Therefore, for purposes of
                                                                                                          producer/exporter combination, are                  importation of low melt PSF from Korea
                                               determining the ‘‘all-others’’ rate, and
                                                                                                          subject to the cash deposit requirements            no later than 45 days after this final
                                               pursuant to section 735(c)(5)(A) of the
                                                                                                          at the all-others rate.                             determination. If the ITC determines
                                               Act, we are using the estimated                               For entries made by TCK, in                      that such injury does not exist, this
                                               weighted-average dumping margin                            accordance with section 735(c)(4)(B) of             proceeding will be terminated and all
                                               calculated for TCK, as referenced in the                   the Act, because we continue to find                cash deposits will be refunded or
                                               ‘‘Final Determination’’ section below.                     that critical circumstances exist, we will          canceled. If the ITC determines that
                                               Final Determination                                        instruct CBP to continue to suspend                 such injury does exist, Commerce will
                                                  The final estimated weighted-average                    liquidation of all appropriate entries of           issue an antidumping duty order
                                               dumping margins are as follows:                            low melt PSF from Korea which were                  directing CBP to assess, upon further
                                                                                                          entered, or withdrawn from warehouse,               instruction by Commerce, antidumping
                                                                                               Weighted- for consumption on or after November                 duties on all imports of the subject
                                                                                                average   4, 2017, which is 90 days prior to the              merchandise entered, or withdrawn
                                                     Exporter or producer                      dumping    date of publication of the preliminary              from warehouse, for consumption on or
                                                                                                 margin   determination of this investigation in
                                                                                               (percent)                                                      after the effective date of the suspension
                                                                                                          the Federal Register.                               of liquidation, as discussed above in the
                                               Huvis Corporation .......................             0.00    With regard to companies covered by              ‘‘Continuation of Suspension of
                                               Toray Chemical Korea Inc ..........                  16.27 the ‘‘all-others’’ rate, we will instruct           Liquidation’’ section.
                                               All Others ....................................      16.27 CBP to suspend liquidation of all entries
                                                                                                          made by companies subject to the all-               Notification Regarding Administrative
                                               Disclosure                                                 others rate of low melt PSF from Korea              Protective Orders
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                                                                                                          which were entered, or withdrawn from                 This notice serves as a reminder to
                                                  We will disclose the calculations                       warehouse, for consumption on or after
                                               performed in this final determination                                                                          parties subject to an administrative
                                               within five days of the date of                                                                                protective order (APO) of their
                                                                                                            5 See Modification of Regulations Regarding the
                                                                                                                                                              responsibility concerning the
                                                                                                       Practice of Accepting Bonds During the Provisional
                                                 4 See Preliminary Determination, and                  Measures Period in Antidumping and
                                                                                                                                                              disposition of proprietary information
                                               accompanying Preliminary Decision Memorandum,           Countervailing Duty Investigations, 76 FR 61042        disclosed under APO in accordance
                                               at 16 to 21.                                            (October 3, 2011).                                     with 19 CFR 351.305(a)(3). Timely


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                                               29096                           Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices

                                               written notification of return or                       DEPARTMENT OF COMMERCE                                 Decision Memorandum.4 A list of topics
                                               destruction of APO materials, or                                                                               discussed in the Preliminary Decision
                                               conversion to judicial protective order,                International Trade Administration                     Memorandum is included as Appendix
                                               is hereby requested. Failure to comply                                                                         II to this notice. The Preliminary
                                               with the regulations and the terms of an                [C–570–076]                                            Decision Memorandum is a public
                                               APO is a sanctionable violation.                                                                               document and is on file electronically
                                                                                                       Certain Plastic Decorative Ribbon                      via Enforcement and Compliance’s
                                               Notification to Interested Parties                      From the People’s Republic of China:                   Antidumping and Countervailing Duty
                                                  This determination and this notice are               Preliminary Affirmative Countervailing                 Centralized Electronic Service System
                                               issued and published pursuant to                        Duty Determination and Alignment of                    (ACCESS). ACCESS is available to
                                               sections 735(d) and 777(i)(1) of the Act                Final Determination With Final                         registered users at http://
                                               and 19 CFR 351.210(c).                                  Antidumping Duty Determination                         access.trade.gov, and is available to all
                                                 Dated: June 18, 2018.                                 AGENCY:  Enforcement and Compliance,                   parties in the Central Records Unit,
                                               Gary Taverman,                                          International Trade Administration,                    Room B8024 of the main Department of
                                               Deputy Assistant Secretary for Antidumping              Department of Commerce.                                Commerce building. In addition, a
                                               and Countervailing Duty Operations,                                                                            complete version of the Preliminary
                                                                                                       SUMMARY: The Department of Commerce
                                               performing the non-exclusive functions and                                                                     Decision Memorandum can be accessed
                                                                                                       (Commerce) preliminarily determines                    directly at http://enforcement.trade.gov/
                                               duties of the Assistant Secretary for
                                                                                                       that countervailable subsidies are being               frn/. The signed and electronic versions
                                               Enforcement and Compliance.
                                                                                                       provided to producers and exporters of                 of the Preliminary Decision
                                               Appendix I                                              certain plastic decorative ribbon from                 Memorandum are identical in content.
                                                                                                       the People’s Republic of China (China).
                                               Scope of the Investigation                              The period of investigation is January 1,              Scope of the Investigation
                                                  The merchandise subject to this                      2016, through December 31, 2016.                         The products covered by this
                                               investigation is synthetic staple fibers, not
                                               carded or combed, specifically bi-component
                                                                                                       DATES: Applicable June 22, 2018.                       investigation are certain plastic
                                               polyester fibers having a polyester fiber               FOR FURTHER INFORMATION CONTACT:                       decorative ribbon from China. For a
                                               component that melts at a lower temperature             Maliha Khan or Nancy Decker, AD/CVD                    complete description of the scope of this
                                               than the other polyester fiber component                Operations, Office VII, Enforcement and                investigation, see Appendix I.
                                               (low melt PSF). The scope includes bi-                  Compliance, International Trade
                                               component polyester staple fibers of any
                                                                                                                                                              Scope Comments
                                                                                                       Administration, U.S. Department of
                                               denier or cut length. The subject
                                                                                                       Commerce, 1401 Constitution Avenue                        In accordance with the preamble to
                                               merchandise may be coated, usually with a                                                                      Commerce’s regulations,5 the Initiation
                                               finish or dye, or not coated.                           NW, Washington, DC 20230; telephone:
                                                                                                                                                              Notice set aside a period of time for
                                                  Low melt PSF is classifiable under the               202–482–0895 or 202–482–0196,
                                                                                                                                                              parties to raise issues regarding product
                                               Harmonized Tariff Schedule of the United                respectively.
                                                                                                                                                              coverage (i.e., scope).6 Certain interested
                                               States (HTSUS) subheading 5503.20.0015.                 SUPPLEMENTARY INFORMATION:
                                               Although the HTSUS subheading is provided                                                                      parties commented on the scope of the
                                               for convenience and customs purposes, the               Background                                             investigation as it appeared in the
                                               written description of the scope of the                                                                        Initiation Notice. Commerce is currently
                                               merchandise under the investigation is                     This preliminary determination is                   evaluating the scope comments filed by
                                               dispositive.                                            made in accordance with section 703(b)                 the interested parties. Commerce
                                                                                                       of the Tariff Act of 1930, as amended                  intends to issue its preliminary decision
                                               Appendix II                                             (the Act). Commerce published the                      regarding the scope of the AD and CVD
                                               List of Topics Discussed in the Issues and              notice of initiation of this investigation             investigations in the preliminary
                                               Decision Memorandum                                     on January 23, 2018.1 Commerce                         determination of the companion AD
                                               I. Summary                                              exercised its discretion to toll all                   investigation, which is currently due no
                                               II. Background                                          deadlines affected by the closure of the               later than July 30, 2018, unless
                                               III. Critical Circumstances                             Federal Government from January 20                     postponed. The preliminary scope
                                               IV. Scope of the Investigation                          through January 22, 2018.2 On March                    decision will be placed on the record of
                                               V. Margin Calculations                                  12, 2018, Commerce postponed the                       both the AD and CVD investigations,
                                               VI. Discussion of the Issues                            deadline for the preliminary                           and interested parties will have the
                                                  Huvis                                                determination of the investigation to the
                                                  1. Major Input Rule
                                                                                                                                                              opportunity to comment prior to the
                                                  2. U.S. Bank Charges
                                                                                                       full 130 days permitted under section                  final CVD determination.
                                                  3. Duty Drawback for Huvis                           703(c)(1)(A) of the Act and 19 CFR
                                                                                                                                                              Methodology
                                                  4. Critical Circumstances                            351.205(b)(2), and the revised deadline
                                                  5. Corrections Found at Verification                 is now May 29, 2018.3                                    Commerce is conducting this
                                                  TCK                                                     For a complete description of the                   investigation in accordance with section
                                                  6. Denier Range Reporting                            events that followed the initiation of                 701 of the Act. For each of the subsidy
                                                  7. U.S. Destination Reporting                        this investigation, see the Preliminary                programs found countervailable,
                                                  8. TCK’s Unpaid Sales                                                                                       Commerce preliminarily determines
                                                  9. Duty Drawback Adjustment for TCK                     1 See Certain Plastic Decorative Ribbon from the    that there is a subsidy, i.e., a financial
                                                  10. General and Administrative (G&A)                 People’s Republic of China: Initiation of
                                                     Expense Rate for TCK                              Countervailing Duty Investigation, 83 FR 3114            4 See Memorandum, ‘‘Decision Memorandum for
                                                  11. Financial Expense Rate
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                                                                                                       (January 23, 2018) (Initiation Notice).                the Preliminary Determination in the
                                                  12. TCK’s Affiliated Party Inputs                       2 See Memorandum, ‘‘Deadlines Affected by the       Countervailing Duty Investigation of Certain Plastic
                                                  13. Selling, General and Administrative              Shutdown of the Federal Government,’’ dated            Decorative Ribbon from the People’s Republic of
                                                     (SG&A) Expense Rate for Toray                     January 23, 2018. All deadlines in this segment of     China,’’ dated concurrently with, and hereby
                                                     International                                     the proceeding have been extended by three days.       adopted by, this notice (Preliminary Decision
                                               VII. Recommendation                                        3 See Certain Plastic Decorative Ribbon from the    Memorandum).
                                                                                                                                                                5 See Antidumping Duties; Countervailing Duties,
                                                                                                       People’s Republic of China: Postponement of
                                               [FR Doc. 2018–13448 Filed 6–21–18; 8:45 am]             Preliminary Determination in the Countervailing        Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                               BILLING CODE 3510–DS–P                                  Duty Investigation, 83 FR 10677 (March 12, 2018).        6 See Initiation Notice.




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Document Created: 2018-11-06 09:51:03
Document Modified: 2018-11-06 09:51:03
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 June 22, 2018.
ContactAlice Maldonado or Brittany Bauer, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202) 482-3860.
FR Citation83 FR 29094 

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