83 FR 29099 - Low Melt Polyester Staple Fiber From Taiwan: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range		29099-29100
FR Document		2018-13449

The Department of Commerce (Commerce) determines that imports of low melt polyester staple fiber (low melt PSF) from Taiwan 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. 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 29099-29100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13449]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-861]


Low Melt Polyester Staple Fiber From Taiwan: Final 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 imports 
of low melt polyester staple fiber (low melt PSF) from Taiwan 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. 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: Rebecca Janz or Ajay Menon, 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) 482-2972 or (202) 482-1993.

SUPPLEMENTARY INFORMATION: 

Background

    On February 2, 2018, Commerce published the Preliminary 
Determination of sales at LTFV of low melt PSF from Taiwan, 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\
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    \1\ See Low Melt 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 4903 (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 Taiwan,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is low melt PSF from 
Taiwan. 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 brief submitted by the petitioner 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) in January and February 2018, we conducted 
verification of the sales and cost information submitted by Far Eastern 
New Century Corporation (FENC) 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 FENC.\3\
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    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of Far Eastern New 
Century Corporation in the Antidumping Duty Investigation of Low 
Melt Polyester Staple Fiber from Taiwan,'' dated March 14, 2018; and 
Memorandum, ``Verification of the Sales Response of Far Eastern New 
Century Corporation (FENC) in the Antidumping Investigation of Low 
Melt Polyester Staple Fiber from Taiwan,'' dated April 2, 2018.

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[[Page 29100]]

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 
FENC. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

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 on facts otherwise 
available under section 776 of the Act. Commerce calculated an 
individual estimated weighted-average dumping margin for FENC, the only 
individually investigated exporter/producer in this investigation. 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, for purposes 
of determining the ``all-others'' rate pursuant to section 735(c)(5)(A) 
of the Act, we are using the estimated weighted-average dumping margin 
calculated for FENC, 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)
------------------------------------------------------------------------
Far eastern new century corporation..........................      49.93
All Others...................................................      49.93
------------------------------------------------------------------------

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 polyester 
staple fiber, 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.\4\
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    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 Taiwan 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 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. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
    1. Treatment of FENC's Corrections Presented Prior to 
Verification
    2. Revising FENC's Major Input Adjustment to Reflect Cost 
Verification Findings
VI. Recommendation

[FR Doc. 2018-13449 Filed 6-21-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 29099

within 140 days after the date on which Dated: June 15, 2018. Memorandum, which is adopted by this
Commerce initiated the investigation. Gary Taverman, notice.2
However, section 733(c)(1) of the Act Deputy Assistant Secretary for Antidumping Scope of the Investigation
permits Commerce to postpone the and Countervailing Duty Operations,
preliminary determination until no later performing the non-exclusive functions and The product covered by this
than 190 days after the date on which duties of the Assistant Secretary for investigation is low melt PSF from
Enforcement and Compliance. Taiwan. For a full description of the
Commerce initiated the investigation if:
[FR Doc. 2018–13422 Filed 6–21–18; 8:45 am] scope of this investigation, see the
(A) The petitioners 2 submit a timely
BILLING CODE 3510–DS–P ‘‘Scope of the Investigation’’ in
request for a postponement; or (B) Appendix I of this notice. For a
Commerce concludes that the parties discussion of changes to the scope since
concerned are cooperating, that the DEPARTMENT OF COMMERCE the Preliminary Determination, see the
investigation is extraordinarily ‘‘Scope of the Investigation’’ section of
complicated, and that additional time is International Trade Administration the Issues and Decision Memorandum.
necessary to make a preliminary
determination. Under 19 CFR Analysis of Comments Received
[A–583–861]
351.205(e), the petitioners must submit All issues raised in the case brief
a request for postponement 25 days or Low Melt Polyester Staple Fiber From submitted by the petitioner in this
more before the scheduled date of the Taiwan: Final Determination of Sales at investigation are addressed in the Issues
preliminary determination and must Less Than Fair Value and Decision Memorandum
state the reasons for the request. accompanying this notice. A list of the
AGENCY: Enforcement and Compliance, issues addressed in the Issues and
Commerce will grant the request unless International Trade Administration,
it finds compelling reasons to deny the Decision Memorandum is attached to
Department of Commerce. this notice as Appendix II. The Issues
request.
SUMMARY: The Department of Commerce and Decision Memorandum is a public
On June 1, 2018, the petitioners (Commerce) determines that imports of document and is on file electronically
submitted a timely request that low melt polyester staple fiber (low melt via Enforcement and Compliance’s
Commerce postpone the preliminary PSF) from Taiwan are being, or are Antidumping and Countervailing Duty
determination in this LTFV likely to be, sold in the United States at Centralized Electronic Service System
investigation.3 The petitioners stated less than fair value (LTFV) during the (ACCESS). ACCESS is available to
that they request postponement to, period of investigation (POI) April 1, registered users at https://
among other things, permit Commerce 2016, through March 31, 2017. The final access.trade.gov, and it is available to
to issue and receive supplemental dumping margins of sales at LTFV are all parties in the Central Records Unit,
questionnaires prior to the preliminary listed below in the ‘‘Final Room B–8024 of the main Department
determination.4 Determination’’ section of this notice. of Commerce building. In addition, a
complete version of the Issues and
For the reasons stated above and DATES: Applicable June 22, 2018.
Decision Memorandum can be accessed
because there are no compelling reasons FOR FURTHER INFORMATION CONTACT: directly at http://enforcement.trade.gov/
to deny the request, Commerce, in Rebecca Janz or Ajay Menon, AD/CVD frn/index.html. The signed and
accordance with section 733(c)(1)(A) of Operations, Office II, Enforcement and electronic versions of the Issues and
the Act, is postponing the deadline for Compliance, International Trade Decision Memorandum are identical in
the preliminary determination by 50 Administration, U.S. Department of content.
days (i.e., 190 days after the date on Commerce, 1401 Constitution Avenue
which this investigation was initiated). NW, Washington, DC 20230; telephone: Verification
As a result, Commerce will issue its (202) 482–2972 or (202) 482–1993. As provided in section 782(i) of the
preliminary determination no later than SUPPLEMENTARY INFORMATION: Tariff Act of 1930, as amended, (the Act)
August 24, 2018. In accordance with in January and February 2018, we
Background conducted verification of the sales and
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final On February 2, 2018, Commerce cost information submitted by Far
determination of this investigation will published the Preliminary Eastern New Century Corporation
continue to be 75 days after the Determination of sales at LTFV of low (FENC) for use in our final
melt PSF from Taiwan, in which we determination. We used standard
preliminary determination, unless
also postponed the final determination verification procedures, including an
postponed at a later date.
until June 18, 2018.1 We invited examination of relevant accounting and
This notice is issued and published production records, and original source
interested parties to comment on the
pursuant to section 733(c)(2) of the Act Preliminary Determination. A summary documents provided by FENC.3
and 19 CFR 351.205(f)(1). of the events that occurred since 2 See Memorandum, ‘‘Issues and Decision
Commerce published the Preliminary Memorandum for the Final Affirmative
Determination, as well as a full Determination in the Less-Than-Fair-Value
discussion of the issues raised by parties Investigation of Low Melt Polyester Staple Fiber
for this final determination, may be from Taiwan,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
found in the Issues and Decision
daltland on DSKBBV9HB2PROD with NOTICES

2 The petitioners are the Cast Iron Soil Pipe Memorandum).
3 For discussion of our verification findings, see
Institute and its individual members, AB&I
1 See Low Melt Polyester Staple Fiber from the following memoranda: Memorandum,
Foundry, Charlotte Pipe & Foundry, and Tyler Pipe.
3 See the petitioners’ letter, ‘‘Cast Iron Soil Pipe Taiwan: Preliminary Affirmative Determination of ‘‘Verification of Far Eastern New Century
Sales at Less Than Fair Value, Postponement of Corporation in the Antidumping Duty Investigation
from the People’s Republic of China: Request to Final Determination, and Extension of Provisional of Low Melt Polyester Staple Fiber from Taiwan,’’
Extend the Preliminary Determination,’’ dated June Measures, 83 FR 4903 (February 2, 2018) dated March 14, 2018; and Memorandum,
1, 2018. (Preliminary Determination), and accompanying ‘‘Verification of the Sales Response of Far Eastern
4 Id. Preliminary Decision Memorandum. Continued

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29100 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices

Changes Since the Preliminary entries of low melt polyester staple with the regulations and the terms of an
Determination fiber, as described in Appendix I of this APO is a sanctionable violation.
Based on our analysis of the notice, which are entered, or withdrawn
Notification to Interested Parties
comments received and our findings at from warehouse, for consumption on or
verification, we made certain changes to after February 2, 2018, the date of This determination and this notice are
the margin calculations for FENC. For a publication in the Federal Register of issued and published pursuant to
discussion of these changes, see the the affirmative Preliminary sections 735(d) and 777(i)(1) of the Act
‘‘Margin Calculations’’ section of the Determination. Further, we will instruct and 19 CFR 351.210(c).
Issues and Decision Memorandum. CBP to require a cash deposit equal to
Dated: June 18, 2018.
the estimated weighted-average
All-Others Rate Gary Taverman,
dumping margins indicated in the chart
Section 735(c)(5)(A) of the Act above.4 Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
provides that the estimated weighted- These suspension of liquidation performing the non-exclusive functions and
average dumping margin for all other instructions will remain in effect until duties of the Assistant Secretary for
producers and exporters not further notice. Enforcement and Compliance.
individually investigated shall be equal
International Trade Commission Appendix I
to the weighted average of the estimated
weighted-average dumping margins Notification
Scope of the Investigation
established for exporters and producers In accordance with section 735(d) of The merchandise subject to this
individually investigated excluding the Act, we will notify the International investigation is synthetic staple fibers, not
rates that are zero, de minimis, or Trade Commission (ITC) of the final carded or combed, specifically bi-component
determined entirely on facts otherwise affirmative determination of sales at polyester fibers having a polyester fiber
available under section 776 of the Act. LTFV. Because Commerce’s final component that melts at a lower temperature
Commerce calculated an individual determination is affirmative, in than the other polyester fiber component
estimated weighted-average dumping accordance with section 735(b)(2) of the (low melt PSF). The scope includes bi-
margin for FENC, the only individually Act, the ITC will make its final component polyester staple fibers of any
investigated exporter/producer in this determination as to whether the denier or cut length. The subject
merchandise may be coated, usually with a
investigation. Because the only domestic industry in the United States finish or dye, or not coated.
individually calculated dumping margin is materially injured, or threatened with Low melt PSF is classifiable under the
is not zero, de minimis, or based material injury, by reason of imports, or Harmonized Tariff Schedule of the United
entirely on facts otherwise available, for sales (or the likelihood of sales) for States (HTSUS) subheading 5503.20.0015.
purposes of determining the ‘‘all-others’’ importation of low melt PSF from Although the HTSUS subheading is provided
rate pursuant to section 735(c)(5)(A) of Taiwan no later than 45 days after this for convenience and customs purposes, the
the Act, we are using the estimated final determination. If the ITC written description of the scope of the
weighted-average dumping margin determines that such injury does not merchandise under the investigation is
calculated for FENC, as referenced in exist, this proceeding will be terminated dispositive.
the ‘‘Final Determination’’ section and all cash deposits will be refunded Appendix II
below. or canceled. If the ITC determines that
List of Topics Discussed in the Issues and
such injury does exist, Commerce will Decision Memorandum
Final Determination
issue an antidumping duty order
The final estimated weighted-average directing CBP to assess, upon further I. Summary
dumping margins are as follows: II. Background
instruction by Commerce, antidumping III. Scope of the Investigation
Weighted-
duties on all imports of the subject IV. Margin Calculations
average merchandise entered, or withdrawn V. Discussion of the Issues
Exporter or producer dumping from warehouse, for consumption on or 1. Treatment of FENC’s Corrections
margin
(percent) after the effective date of the suspension Presented Prior to Verification
of liquidation, as discussed above in the 2. Revising FENC’s Major Input
Far eastern new century corporation .... 49.93 ‘‘Continuation of Suspension of Adjustment to Reflect Cost Verification
All Others ............................................... 49.93 Findings
Liquidation’’ section.
VI. Recommendation
Disclosure Notification Regarding Administrative [FR Doc. 2018–13449 Filed 6–21–18; 8:45 am]
We will disclose the calculations Protective Orders BILLING CODE 3510–DS–P
performed in this final determination This notice serves as a reminder to
within five days of the date of parties subject to an administrative
publication of this notice to parties in protective order (APO) of their DEPARTMENT OF COMMERCE
this proceeding in accordance with 19 responsibility concerning the
CFR 351.224(b). disposition of proprietary information National Oceanic and Atmospheric
disclosed under APO in accordance Administration
Continuation of Suspension of
Liquidation with 19 CFR 351.305(a)(3). Timely Proposed Information Collection;
written notification of return or Comment Request; Marine Mammal
In accordance with section destruction of APO materials, or
735(c)(1)(B) of the Act, for this final Protection Act Annual Supplemental
daltland on DSKBBV9HB2PROD with NOTICES

conversion to judicial protective order, Data Report
determination, we will direct U.S. is hereby requested. Failure to comply
Customs and Border Protection (CBP) to
continue to suspend liquidation of all AGENCY:National Oceanic and
4 See Modification of Regulations Regarding the Atmospheric Administration (NOAA),
Practice of Accepting Bonds During the Provisional
New Century Corporation (FENC) in the Measures Period in Antidumping and
Commerce.
Antidumping Investigation of Low Melt Polyester Countervailing Duty Investigations, 76 FR 61042 ACTION: Notice.
Staple Fiber from Taiwan,’’ dated April 2, 2018. (October 3, 2011).

VerDate Sep<11>2014 17:16 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1

Document Created: 2018-11-06 09:50:21
Document Modified: 2018-11-06 09:50:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable June 22, 2018.
Contact		Rebecca Janz or Ajay Menon, 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) 482-2972 or (202) 482-1993.
FR Citation		83 FR 29099

83 FR 29099 - Low Melt Polyester Staple Fiber From Taiwan: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration