83_FR_3135 83 FR 3120 - Countervailing Duty Investigation of Fine Denier Polyester Staple Fiber From the People's Republic of China: Final Affirmative Determination

83 FR 3120 - Countervailing Duty Investigation of Fine Denier Polyester Staple Fiber From the People's Republic of China: Final Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 15 (January 23, 2018)

Page Range3120-3122
FR Document2018-01152

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of fine denier polyester staple fiber (fine denier PSF) from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. For information on the estimated subsidy rates, see the ``Final Determination and Suspension of Liquidation'' section of this notice.

Federal Register, Volume 83 Issue 15 (Tuesday, January 23, 2018)
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3120-3122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01152]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-061]


Countervailing Duty Investigation of Fine Denier Polyester Staple 
Fiber From the People's Republic of China: Final Affirmative 
Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of fine denier polyester staple fiber (fine denier PSF) from the 
People's Republic of China (China). The period of investigation is 
January 1, 2016, through December 31, 2016. For information on the 
estimated subsidy rates, see the ``Final Determination and Suspension 
of Liquidation'' section of this notice.

DATES: Applicable January 23, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Davina Friedmann, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-3813 or (202) 482-
0698, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Determination on November 6, 
2017.\1\ 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 \2\ issued concurrently with this 
notice. 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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, 82 FR 51396 (November 6, 2017) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum 
(Preliminary Decision Memorandum).
    \2\ See Commerce Memorandum, ``Issues and Decision Memorandum 
for the Final Determination in the Countervailing Duty Investigation 
of Fine Denier Polyester Staple Fiber from the People's Republic of 
China,'' dated concurrently with this determination and hereby 
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope Comments

    In accordance with the Preliminary Scope Memorandum, Commerce 
provided parties an opportunity to provide comments on all issues 
regarding product coverage (i.e., scope).\3\ Certain interested parties 
commented on the scope of the investigation as it appeared in the 
Initiation Notice.\4\ As a result, the scope of this investigation was 
modified for the preliminary determination. No further changes to the 
scope of the investigation were made to this final determination. For a 
summary of the product coverage comments and rebuttal responses 
submitted to the

[[Page 3121]]

record for this final determination, and accompanying discussion and 
analysis of all comments timely received, see the Final Scope Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \3\ See Commerce Memorandum, ``Fine Denier Polyester Staple 
Fiber from the People's Republic of China, India, Republic of Korea, 
and Taiwan: Scope Comments Decision Memorandum for the Preliminary 
Determinations,'' dated December 8 31, 2017 (Preliminary Scope 
Memorandum); see also See Commerce Memorandum, ``Due Dates for Case 
and Rebuttal Briefs Regarding the Scope,'' dated December 11, 2017.
    \4\ See Fine Denier Polyester Staple Fiber from India and the 
People's Republic of China: Initiation of Countervailing Duty 
Investigations, 82 FR 29029 (June 27, 2017) (Initiation Notice).
    \5\ See Commerce Memorandum, ``Fine Denier Polyester Staple 
Fiber from the People's Republic of China, India, Republic of Korea, 
and Taiwan: Scope Comments Decision Memorandum for the Final 
Determinations,'' dated concurrently with this determination and 
hereby adopted by this notice (Final Scope Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this countervailing duty (CVD) investigation 
in accordance with section 701 of the Tariff Act of 1930, as amended 
(Act). For each of the subsidy programs found to be countervailable, we 
determine that there is a subsidy (i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient) and that 
the subsidy is specific. For a full description of the methodology 
underlying our final determination, see the Issues and Decisions 
Memorandum.

Scope of the Investigation

    The merchandise covered by this investigation is generally 
described as fine denier PSF from China. For a complete description of 
the scope of this investigation, see Appendix II.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs submitted by the parties, are discussed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised, and to which we responded in the Issues and Decision 
Memorandum, is attached to this notice at Appendix I.

Use of Adverse Facts Available (AFA)

    For purposes of this final determination, we relied on facts 
available, and because certain respondents did not act to the best of 
their ability in responding to Commerce's requests for information, we 
drew an adverse inference, where appropriate, in selecting from among 
the facts otherwise available.\6\ A full discussion of our decision to 
rely on adverse facts available is presented in the ``Use of Facts 
Otherwise Available and Adverse Inferences'' section of the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to the respondents' subsidy rate calculations since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum and the Final Calculation Memoranda.\7\
---------------------------------------------------------------------------

    \7\ See Commerce Memoranda, ``Countervailing Duty Investigation 
of Fine Denier Polyester Staple Fiber from the People's Republic of 
China: Jiangyin Hailun Chemical Fiber Co. Ltd.; Final Analysis 
Memorandum,'' dated January 16, 2017 (Hailun's Final Calculation 
Memorandum) and ``Countervailing Duty Investigation of Fine Denier 
Polyester Staple Fiber from the People's Republic of China: Jiangyin 
Huahong Chemical Fiber Co. Ltd.; Final Analysis Memorandum,'' dated 
January 16, 2017 (Huahong's Final Calculation Memorandum).
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual rate for each producer/exporter of the subject 
merchandise individually investigated.
    In accordance with section 705(c)(5)(A) of the Act, for companies 
not individually investigated, we apply an ``all-others'' rate. Under 
section 705(c)(5)(A)(i) of the Act, the ``all-others'' rate excludes 
zero and de minimis rates calculated for the exporters and producers 
individually investigated as well as rates based entirely on facts 
otherwise available.
    Pursuant to section 705(c)(5)(A)(i) of the Act, we have calculated 
the ``all-others'' rate using the subsidy rates of the two individually 
investigated respondents. However, we have not calculated the ``all-
others'' rate by weight-averaging the rates because doing so risks 
disclosure of proprietary information. Therefore, and consistent with 
Commerce's practice, for the ``all-others'' rate, we calculated a 
simple average of the two mandatory respondents' subsidy rates.
---------------------------------------------------------------------------

    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Jiangyin Hailun Chemical Fiber Co. Ltd.: Jiangyin Bolun Chemical 
Fiber Co., Ltd. (Bolun); Jiangyin Fenghua Synthetic Fiber Co., Ltd. 
(Fenghua); Jiangsu Hailun Petrochemicals Co., Ltd. (Hailun 
Petrochemical); Jiangyin Huamei Special Fiber Co., Ltd. (Huamei); 
Jiangyin Huasheng Polymerization Co., Ltd. (Huasheng); Jiangyin 
Huaxing Synthetic Co., Ltd. (Huaxing); Jiangying Huayi 
Polymerization Co., Ltd. (Huayi); Jiangsu Sanfangxiang Group Co., 
Ltd. (Sanfangxiang Group); Jiangsu Sanfangxiang International 
Trading Co., Ltd. (Sanfangxiang Trading); Sanhai International 
Trading PTE Ltd. (Sanhai); Jiangyin Xingsheng Plastic Co., Ltd. 
(Xingsheng Plastic); Jiangyin Xingtai New Material Co., Ltd. 
(Xingtai); Jiangsu Xingye Plastic Co., Ltd. (Xingye Plastic); 
Jiangsu Xingye Polytech Co., Ltd. (Xingye Polytech); Jiangyin Xingyu 
New Material Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber Co., 
Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power Co., Ltd. (Xinyuan 
Thermal); and Jiangyin Yunlun Chemical Fiber Co., Ltd. (Yunlun).
    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found Jiangsu Huahong Industrial Group Co., Ltd. to be 
cross-owned with Jiangyin Huahong Chemical Fiber Co. Ltd.; Jiangyin 
Hongkai Chemical Fiber Co., Ltd. (Hongkai); Jiangyin Huahong 
International Trade Co., Ltd. (Huahong International Trade); and 
Jiangyin Huakai Polyesterer Co., Ltd. (Huakai).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                                (%)
------------------------------------------------------------------------
Jiangyin Hailun Chemical Fiber Co. Ltd.\8\..............           38.00
Jiangyin Huahong Chemical Fiber Co. Ltd.\9\.............           47.57
All-Others..............................................           42.79
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of all entries of 
merchandise under consideration from the PRC that were entered or 
withdrawn from warehouse, for consumption, on or after November 6, 
2017, the date of publication of the Preliminary Determination in the 
Federal Register.
    If the U.S. International Trade Commission (the ITC) issues a final 
affirmative injury determination, we will issue a CVD order, will 
reinstate the suspension of liquidation under section 706(a) of the 
Act, and will require a cash deposit of estimated CVDs for such entries 
of subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

[[Page 3122]]

Return or Destruction of Proprietary Information

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: January 16, 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of the Countervailing Duty Law to Imports from the 
PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
    Comment 1: Application of AFA to the Electricity Program
    Comment 2: Export Buyer's Credit Program
    Comment 3: Market Distortion in the MEG/PTA Industry
    Comment 4: Input Benchmarks
    Comment 5: Hailun Verification Minor Corrections
    Comment 6: Huahong Verification Minor Corrections
    Comment 7: Exclusion of Finance Leasing and Margin Trading from 
the Policy Loans Benefit Calculation
    Comment 8: Treatment of Hailun's Other Types of Financing under 
the Policy Loan Program
    Comment 9: PTA for LTAR Benefit
    Comment 10: Sales Denominator for the Sanfangxiang Group
    Comment 11: Sales Denominator for Hailun Petrochemical
    Comment 12: Treatment of Foreign-Purchased Inputs
    Comment 13: Correction of Calculation Errors for Huahong
    Comment 14: Correction of Calculation Errors for Hailun
XI. Recommendation

Appendix II

Scope of the Investigation

    The merchandise covered by this investigation is fine denier 
polyester staple fiber (fine denier PSF), not carded or combed, 
measuring less than 3.3 decitex (3 denier) in diameter. The scope 
covers all fine denier PSF, whether coated or uncoated. The 
following products are excluded from the scope:
    (1) PSF equal to or greater than 3.3 decitex (more than 3 
denier, inclusive) currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 5503.20.0045 and 
5503.20.0065.
    (2) Low-melt PSF defined as a bi-component polyester fiber 
having a polyester fiber component that melts at a lower temperature 
than the other polyester fiber component, which is currently 
classifiable under HTSUS subheading 5503.20.0015.
    Fine denier PSF is classifiable under the HTSUS subheading 
5503.20.0025. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigations is dispositive.

[FR Doc. 2018-01152 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                3120                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                  Dated: January 16, 2018.                              convenience and customs purposes, the                  Background
                                                Gary Taverman,                                          written description of the scope is
                                                                                                                                                                 Commerce published the Preliminary
                                                Deputy Assistant Secretary for Antidumping              dispositive.
                                                                                                                                                               Determination on November 6, 2017.1 A
                                                and Countervailing Duty Operations,                                                                            summary of the events that occurred
                                                                                                        Appendix II—List of Topics Discussed
                                                performing the non-exclusive functions and
                                                                                                        in the Preliminary Decision                            since Commerce published the
                                                duties of the Assistant Secretary for
                                                Enforcement and Compliance.                             Memorandum                                             Preliminary Determination, as well as a
                                                                                                                                                               full discussion of the issues raised by
                                                Appendix I—Scope of the Investigation                   I. Summary                                             parties for this final determination, may
                                                                                                        II. Background                                         be found in the Issues and Decision
                                                   The products covered by this investigation           III. Alignment                                         Memorandum 2 issued concurrently
                                                are certain forged stainless steel flanges,             IV. Scope Comments
                                                whether unfinished, semi-finished, or
                                                                                                                                                               with this notice. The Issues and
                                                                                                        V. Scope of the Investigation                          Decision Memorandum is a public
                                                finished (certain forged stainless steel
                                                flanges). Certain forged stainless steel flanges        VI. Injury Test                                        document and is on file electronically
                                                are generally manufactured to, but not                  VII. Preliminary Determination of Critical             via Enforcement and Compliance’s
                                                limited to, the material specification of                    Circumstances                                     Antidumping and Countervailing Duty
                                                ASTM/ASME A/SA182 or comparable                         VIII. Subsidies Valuation                              Centralized Electronic Service System
                                                domestic or foreign specifications. Certain             IX. Benchmarks and Discount Rates                      (ACCESS). ACCESS is available to
                                                forged stainless steel flanges are made in              X. Use of Facts Otherwise Available and                registered users at http://
                                                various grades such as, but not limited to,                  Adverse Inferences
                                                304, 304L, 316, and 316L (or combinations
                                                                                                                                                               access.trade.gov, and is available to all
                                                                                                        XI. Analysis of Programs
                                                thereof). The term ‘‘stainless steel’’ used in                                                                 parties in the Central Records Unit,
                                                                                                        XII. Calculation of the All-Others Rate
                                                this scope refers to an alloy steel containing,                                                                Room B8024 of the main Department of
                                                                                                        XIII. ITC Notification
                                                by actual weight, 1.2 percent or less of carbon         XIV. Disclosure and Public Comment
                                                                                                                                                               Commerce building. In addition, a
                                                and 10.5 percent or more of chromium, with
                                                                                                        XV. Verification
                                                                                                                                                               complete version of the Issues and
                                                or without other elements.                                                                                     Decision Memorandum can be accessed
                                                   Unfinished stainless steel flanges possess           XVI. Conclusion
                                                                                                                                                               directly at http://enforcement.trade.gov/
                                                the approximate shape of finished stainless             [FR Doc. 2018–01146 Filed 1–22–18; 8:45 am]            frn/. The signed Issues and Decision
                                                steel flanges and have not yet been machined
                                                to final specification after the initial forging
                                                                                                        BILLING CODE P                                         Memorandum and the electronic
                                                or like operations. These machining                                                                            version are identical in content.
                                                processes may include, but are not limited to,                                                                 Scope Comments
                                                boring, facing, spot facing, drilling, tapering,        DEPARTMENT OF COMMERCE
                                                threading, beveling, heating, or compressing.                                                                    In accordance with the Preliminary
                                                Semi-finished stainless steel flanges are               International Trade Administration                     Scope Memorandum, Commerce
                                                unfinished stainless steel flanges that have                                                                   provided parties an opportunity to
                                                undergone some machining processes.                     [C–570–061]                                            provide comments on all issues
                                                   The scope includes six general types of                                                                     regarding product coverage (i.e., scope).3
                                                flanges. They are: (1) Weld neck, generally             Countervailing Duty Investigation of                   Certain interested parties commented on
                                                used in butt-weld line connection; (2)                  Fine Denier Polyester Staple Fiber
                                                threaded, generally used for threaded line
                                                                                                                                                               the scope of the investigation as it
                                                                                                        From the People’s Republic of China:                   appeared in the Initiation Notice.4 As a
                                                connections; (3) slip-on, generally used to
                                                slide over pipe; (4) lap joint, generally used          Final Affirmative Determination                        result, the scope of this investigation
                                                with stub-ends/butt-weld line connections;                                                                     was modified for the preliminary
                                                (5) socket weld, generally used to fit pipe             AGENCY:  Enforcement and Compliance,                   determination. No further changes to the
                                                into a machine recession; and (6) blind,                International Trade Administration,                    scope of the investigation were made to
                                                generally used to seal off a line. The sizes            Department of Commerce.                                this final determination. For a summary
                                                and descriptions of the flanges within the                                                                     of the product coverage comments and
                                                scope include all pressure classes of ASME              SUMMARY:   The Department of Commerce
                                                                                                        (Commerce) determines that                             rebuttal responses submitted to the
                                                B16.5 and range from one-half inch to
                                                twenty-four inches nominal pipe size.                   countervailable subsidies are being
                                                                                                                                                                  1 See Fine Denier Polyester Staple Fiber from the
                                                Specifically excluded from the scope of this            provided to producers and exporters of
                                                                                                                                                               People’s Republic of China: Preliminary Affirmative
                                                investigation are cast stainless steel flanges.         fine denier polyester staple fiber (fine               Countervailing Duty Determination, 82 FR 51396
                                                Cast stainless steel flanges generally are              denier PSF) from the People’s Republic                 (November 6, 2017) (Preliminary Determination)
                                                manufactured to specification ASTM A351.                of China (China). The period of                        and accompanying Preliminary Decision
                                                   The country of origin for certain forged             investigation is January 1, 2016, through              Memorandum (Preliminary Decision
                                                stainless steel flanges, whether unfinished,                                                                   Memorandum).
                                                                                                        December 31, 2016. For information on                     2 See Commerce Memorandum, ‘‘Issues and
                                                semi-finished, or finished is the country
                                                where the flange was forged. Subject                    the estimated subsidy rates, see the                   Decision Memorandum for the Final Determination
                                                merchandise includes stainless steel flanges            ‘‘Final Determination and Suspension of                in the Countervailing Duty Investigation of Fine
                                                                                                        Liquidation’’ section of this notice.                  Denier Polyester Staple Fiber from the People’s
                                                as defined above that have been further
                                                                                                                                                               Republic of China,’’ dated concurrently with this
                                                processed in a third country. The processing                                                                   determination and hereby adopted by this notice
                                                includes, but is not limited to, boring, facing,
                                                                                                        DATES:   Applicable January 23, 2018.
                                                                                                                                                               (Issues and Decision Memorandum).
                                                spot facing, drilling, tapering, threading,             FOR FURTHER INFORMATION CONTACT:                          3 See Commerce Memorandum, ‘‘Fine Denier
                                                beveling, heating, or compressing, and/or any           Yasmin Bordas or Davina Friedmann,                     Polyester Staple Fiber from the People’s Republic
                                                other processing that would not otherwise               AD/CVD Operations, Office VI,                          of China, India, Republic of Korea, and Taiwan:
                                                remove the merchandise from the scope of                                                                       Scope Comments Decision Memorandum for the
sradovich on DSK3GMQ082PROD with NOTICES




                                                the investigation if performed in the country
                                                                                                        Enforcement and Compliance,                            Preliminary Determinations,’’ dated December 8 31,
                                                of manufacture of the stainless steel flanges.          International Trade Administration,                    2017 (Preliminary Scope Memorandum); see also
                                                                                                        U.S. Department of Commerce, 1401                      See Commerce Memorandum, ‘‘Due Dates for Case
                                                   Merchandise subject to the investigation is
                                                                                                                                                               and Rebuttal Briefs Regarding the Scope,’’ dated
                                                typically imported under headings                       Constitution Avenue NW, Washington,                    December 11, 2017.
                                                7307.21.1000 and 7307.21.5000 of the                    DC 20230; telephone (202) 482–3813 or                     4 See Fine Denier Polyester Staple Fiber from
                                                Harmonized Tariff Schedule of the United                (202) 482–0698, respectively.                          India and the People’s Republic of China: Initiation
                                                States (HTS). While HTS subheadings and                                                                        of Countervailing Duty Investigations, 82 FR 29029
                                                ASTM specifications are provided for                    SUPPLEMENTARY INFORMATION:                             (June 27, 2017) (Initiation Notice).



                                           VerDate Sep<11>2014   17:59 Jan 22, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                                              Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                                            3121

                                                record for this final determination, and                calculations since the Preliminary                                                                  Subsidy rate
                                                                                                                                                                             Company
                                                accompanying discussion and analysis                    Determination. For a discussion of these                                                               (%)
                                                of all comments timely received, see the                changes, see the Issues and Decision
                                                Final Scope Decision Memorandum.5                       Memorandum and the Final Calculation                    Jiangyin Hailun Chemical
                                                                                                        Memoranda.7                                                Fiber Co. Ltd.8 ..................              38.00
                                                Methodology                                                                                                     Jiangyin Huahong Chemical
                                                  Commerce is conducting this                           Final Determination                                        Fiber Co. Ltd.9 ..................              47.57
                                                                                                                                                                All-Others ..............................          42.79
                                                countervailing duty (CVD) investigation                   In accordance with section
                                                in accordance with section 701 of the                   705(c)(1)(B)(i) of the Act, we calculated
                                                Tariff Act of 1930, as amended (Act).                                                                           Disclosure
                                                                                                        an individual rate for each producer/
                                                For each of the subsidy programs found                  exporter of the subject merchandise                       We intend to disclose to parties in
                                                to be countervailable, we determine that                individually investigated.                              this proceeding the calculations
                                                there is a subsidy (i.e., a financial                     In accordance with section                            performed for this final determination
                                                contribution by an ‘‘authority’’ that                   705(c)(5)(A) of the Act, for companies                  within five days of the date of public
                                                gives rise to a benefit to the recipient)               not individually investigated, we apply                 announcement of our final
                                                and that the subsidy is specific. For a                 an ‘‘all-others’’ rate. Under section                   determination, in accordance with 19
                                                full description of the methodology                     705(c)(5)(A)(i) of the Act, the ‘‘all-                  CFR 351.224(b).
                                                underlying our final determination, see                 others’’ rate excludes zero and de
                                                the Issues and Decisions Memorandum.                                                                            Suspension of Liquidation
                                                                                                        minimis rates calculated for the
                                                Scope of the Investigation                              exporters and producers individually                       As a result of our Preliminary
                                                                                                        investigated as well as rates based                     Determination, and pursuant to sections
                                                   The merchandise covered by this                      entirely on facts otherwise available.                  703(d)(1)(B) and (2) of the Act, we
                                                investigation is generally described as                                                                         instructed U.S. Customs and Border
                                                                                                          Pursuant to section 705(c)(5)(A)(i) of
                                                fine denier PSF from China. For a                                                                               Protection (CBP) to suspend liquidation
                                                                                                        the Act, we have calculated the ‘‘all-
                                                complete description of the scope of this                                                                       of all entries of merchandise under
                                                                                                        others’’ rate using the subsidy rates of
                                                investigation, see Appendix II.                                                                                 consideration from the PRC that were
                                                                                                        the two individually investigated
                                                Analysis of Subsidy Programs and                        respondents. However, we have not                       entered or withdrawn from warehouse,
                                                Comments Received                                       calculated the ‘‘all-others’’ rate by                   for consumption, on or after November
                                                                                                        weight-averaging the rates because                      6, 2017, the date of publication of the
                                                  The subsidy programs under
                                                                                                        doing so risks disclosure of proprietary                Preliminary Determination in the
                                                investigation, and the issues raised in
                                                                                                        information. Therefore, and consistent                  Federal Register.
                                                the case and rebuttal briefs submitted by
                                                the parties, are discussed in the Issues                with Commerce’s practice, for the ‘‘all-                   If the U.S. International Trade
                                                and Decision Memorandum. A list of                      others’’ rate, we calculated a simple                   Commission (the ITC) issues a final
                                                the issues that parties raised, and to                  average of the two mandatory                            affirmative injury determination, we
                                                which we responded in the Issues and                    respondents’ subsidy rates.                             will issue a CVD order, will reinstate the
                                                Decision Memorandum, is attached to                                                                             suspension of liquidation under section
                                                this notice at Appendix I.
                                                                                                           7 See Commerce Memoranda, ‘‘Countervailing           706(a) of the Act, and will require a cash
                                                                                                        Duty Investigation of Fine Denier Polyester Staple      deposit of estimated CVDs for such
                                                Use of Adverse Facts Available (AFA)                    Fiber from the People’s Republic of China: Jiangyin     entries of subject merchandise in the
                                                                                                        Hailun Chemical Fiber Co. Ltd.; Final Analysis
                                                   For purposes of this final                           Memorandum,’’ dated January 16, 2017 (Hailun’s          amounts indicated above. If the ITC
                                                determination, we relied on facts                       Final Calculation Memorandum) and                       determines that material injury, or
                                                available, and because certain                          ‘‘Countervailing Duty Investigation of Fine Denier      threat of material injury, does not exist,
                                                                                                        Polyester Staple Fiber from the People’s Republic       this proceeding will be terminated and
                                                respondents did not act to the best of                  of China: Jiangyin Huahong Chemical Fiber Co.
                                                their ability in responding to                          Ltd.; Final Analysis Memorandum,’’ dated January        all estimated duties deposited or
                                                Commerce’s requests for information,                    16, 2017 (Huahong’s Final Calculation                   securities posted as a result of the
                                                we drew an adverse inference, where                     Memorandum).                                            suspension of liquidation will be
                                                                                                           8 As discussed in the Preliminary Decision
                                                appropriate, in selecting from among the                                                                        refunded or canceled.
                                                                                                        Memorandum, Commerce has found the following
                                                facts otherwise available.6 A full                      companies to be cross-owned with Jiangyin Hailun        ITC Notification
                                                discussion of our decision to rely on                   Chemical Fiber Co. Ltd.: Jiangyin Bolun Chemical
                                                adverse facts available is presented in                 Fiber Co., Ltd. (Bolun); Jiangyin Fenghua Synthetic       In accordance with section 705(d) of
                                                the ‘‘Use of Facts Otherwise Available                  Fiber Co., Ltd. (Fenghua); Jiangsu Hailun               the Act, we will notify the ITC of our
                                                                                                        Petrochemicals Co., Ltd. (Hailun Petrochemical);
                                                and Adverse Inferences’’ section of the                 Jiangyin Huamei Special Fiber Co., Ltd. (Huamei);
                                                                                                                                                                determination. In addition, we are
                                                Issues and Decision Memorandum.                         Jiangyin Huasheng Polymerization Co., Ltd.              making available to the ITC all non-
                                                                                                        (Huasheng); Jiangyin Huaxing Synthetic Co., Ltd.        privileged and non-proprietary
                                                Changes Since the Preliminary                           (Huaxing); Jiangying Huayi Polymerization Co., Ltd.     information related to this investigation.
                                                Determination                                           (Huayi); Jiangsu Sanfangxiang Group Co., Ltd.
                                                                                                                                                                We will allow the ITC access to all
                                                                                                        (Sanfangxiang Group); Jiangsu Sanfangxiang
                                                  Based on our review and analysis of                   International Trading Co., Ltd. (Sanfangxiang           privileged and business proprietary
                                                the comments received from parties,                     Trading); Sanhai International Trading PTE Ltd.         information in our files, provided the
                                                and minor corrections presented at                      (Sanhai); Jiangyin Xingsheng Plastic Co., Ltd.          ITC confirms that it will not disclose
                                                verification, we made certain changes to                (Xingsheng Plastic); Jiangyin Xingtai New Material
                                                                                                        Co., Ltd. (Xingtai); Jiangsu Xingye Plastic Co., Ltd.
                                                                                                                                                                such information, either publicly or
                                                the respondents’ subsidy rate                           (Xingye Plastic); Jiangsu Xingye Polytech Co., Ltd.     under an administrative protective order
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                                                                                                        (Xingye Polytech); Jiangyin Xingyu New Material         (APO), without the written consent of
                                                  5 See Commerce Memorandum, ‘‘Fine Denier              Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber      the Assistant Secretary for Enforcement
                                                Polyester Staple Fiber from the People’s Republic       Co., Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power
                                                of China, India, Republic of Korea, and Taiwan:         Co., Ltd. (Xinyuan Thermal); and Jiangyin Yunlun
                                                                                                                                                                and Compliance.
                                                Scope Comments Decision Memorandum for the              Chemical Fiber Co., Ltd. (Yunlun).
                                                Final Determinations,’’ dated concurrently with this       9 As discussed in the Preliminary Decision           Ltd.; Jiangyin Hongkai Chemical Fiber Co., Ltd.
                                                determination and hereby adopted by this notice         Memorandum, Commerce has found Jiangsu                  (Hongkai); Jiangyin Huahong International Trade
                                                (Final Scope Memorandum).                               Huahong Industrial Group Co., Ltd. to be cross-         Co., Ltd. (Huahong International Trade); and
                                                  6 See sections 776(a) and (b) of the Act.             owned with Jiangyin Huahong Chemical Fiber Co.          Jiangyin Huakai Polyesterer Co., Ltd. (Huakai).



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                                                3122                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                Return or Destruction of Proprietary                    Appendix II                                            Determination.1 A summary of the
                                                Information                                             Scope of the Investigation                             events that occurred since Commerce
                                                                                                                                                               published the Preliminary
                                                   In the event the ITC issues a final                     The merchandise covered by this
                                                                                                        investigation is fine denier polyester staple
                                                                                                                                                               Determination, as well as a full
                                                negative injury determination, this                                                                            discussion of the issues raised by parties
                                                notice serves as the only reminder to                   fiber (fine denier PSF), not carded or combed,
                                                                                                        measuring less than 3.3 decitex (3 denier) in          for this final determination, may be
                                                parties subject to an APO of their                      diameter. The scope covers all fine denier             found in the Issues and Decision
                                                responsibility concerning the                           PSF, whether coated or uncoated. The                   Memorandum 2 issued concurrently
                                                destruction of proprietary information                  following products are excluded from the               with this notice. The Issues and
                                                disclosed under APO in accordance                       scope:                                                 Decision Memorandum is a public
                                                with 19 CFR 351.305(a)(3). Timely                          (1) PSF equal to or greater than 3.3 decitex
                                                                                                        (more than 3 denier, inclusive) currently              document and is on file electronically
                                                written notification of the return or
                                                                                                        classifiable under Harmonized Tariff                   via Enforcement and Compliance’s
                                                destruction of APO materials, or
                                                                                                        Schedule of the United States (HTSUS)                  Antidumping and Countervailing Duty
                                                conversion to judicial protective order,
                                                                                                        subheadings 5503.20.0045 and 5503.20.0065.             Centralized Electronic Service System
                                                is hereby requested. Failure to comply                     (2) Low-melt PSF defined as a bi-                   (ACCESS). ACCESS is available to
                                                with the regulations and terms of an                    component polyester fiber having a polyester           registered users at http://
                                                APO is a violation subject to sanction.                 fiber component that melts at a lower                  access.trade.gov, and is available to all
                                                   This determination is issued and                     temperature than the other polyester fiber
                                                                                                        component, which is currently classifiable
                                                                                                                                                               parties in the Central Records Unit,
                                                published pursuant to sections 705(d)                                                                          Room B8024 of the main Department of
                                                                                                        under HTSUS subheading 5503.20.0015.
                                                and 777(i) of the Act.                                                                                         Commerce building. In addition, a
                                                                                                           Fine denier PSF is classifiable under the
                                                  Dated: January 16, 2018.                              HTSUS subheading 5503.20.0025. Although                complete version of the Issues and
                                                Gary Taverman,                                          the HTSUS subheadings are provided for                 Decision Memorandum can be accessed
                                                                                                        convenience and customs purposes, the                  directly at http://enforcement.trade.gov/
                                                Deputy Assistant Secretary for Antidumping
                                                                                                        written description of the scope of the                frn/. The signed Issues and Decision
                                                and Countervailing Duty Operations,
                                                                                                        investigations is dispositive.                         Memorandum and the electronic
                                                performing the non-exclusive functions and
                                                duties of the Assistant Secretary for                   [FR Doc. 2018–01152 Filed 1–22–18; 8:45 am]            version are identical in content.
                                                Enforcement and Compliance.                             BILLING CODE 3510–DS–P
                                                                                                                                                               Scope Comments
                                                Appendix I
                                                                                                                                                                 In accordance with the Preliminary
                                                List of Topics Discussed in the Issues and              DEPARTMENT OF COMMERCE
                                                Decision Memorandum
                                                                                                                                                               Scope Memorandum, Commerce
                                                                                                        International Trade Administration                     provided parties an opportunity to
                                                I. Summary                                                                                                     provide comments on all issues
                                                II. Background                                          [C–533–876]                                            regarding product coverage (i.e., scope).3
                                                III. Scope of the Investigation
                                                IV. Scope Comments                                                                                             Certain interested parties commented on
                                                                                                        Countervailing Duty Investigation of
                                                V. Application of the Countervailing Duty                                                                      the scope of the investigation as it
                                                                                                        Fine Denier Polyester Staple Fiber
                                                      Law to Imports from the PRC                                                                              appeared in the Initiation Notice.4 As a
                                                                                                        From India: Final Affirmative
                                                VI. Subsidies Valuation Information                                                                            result, the scope of this investigation
                                                                                                        Determination
                                                VII. Benchmarks and Discount Rates                                                                             was modified for the preliminary
                                                VIII. Use of Facts Otherwise Available and              AGENCY:  Enforcement and Compliance,                   determination. No further changes to the
                                                      Adverse Inferences                                International Trade Administration,                    scope of the investigation were made to
                                                IX. Analysis of Programs                                Department of Commerce.                                this final determination. For a summary
                                                X. Analysis of Comments                                 SUMMARY: The Department of Commerce                    of the product coverage comments and
                                                   Comment 1: Application of AFA to the
                                                                                                        (Commerce) determines that                             rebuttal responses submitted to the
                                                      Electricity Program
                                                   Comment 2: Export Buyer’s Credit Program             countervailable subsidies are being                    record for this final determination, and
                                                   Comment 3: Market Distortion in the MEG/             provided to producers and exporters of                 accompanying discussion and analysis
                                                      PTA Industry                                      fine denier polyester staple fiber (fine
                                                   Comment 4: Input Benchmarks                          denier PSF) from India. The period of                     1 See Fine Denier Polyester Staple Fiber from

                                                   Comment 5: Hailun Verification Minor                 investigation is January 1, 2016, through              India: Preliminary Affirmative Countervailing Duty
                                                      Corrections                                       December 31, 2016. For information on                  Determination, 82 FR 51387 (November 6, 2017)
                                                                                                                                                               (Preliminary Determination) and accompanying
                                                   Comment 6: Huahong Verification Minor                the estimated subsidy rates, see the                   Preliminary Decision Memorandum (Preliminary
                                                      Corrections                                       ‘‘Final Determination and Suspension of                Decision Memorandum).
                                                   Comment 7: Exclusion of Finance Leasing              Liquidation’’ section of this notice.                     2 See Commerce Memorandum, ‘‘Issues and
                                                      and Margin Trading from the Policy                                                                       Decision Memorandum for the Final Determination
                                                                                                        DATES: Applicable January 23, 2018.
                                                      Loans Benefit Calculation                                                                                in the Countervailing Duty Investigation of Fine
                                                   Comment 8: Treatment of Hailun’s Other               FOR FURTHER INFORMATION CONTACT: Eli                   Denier Polyester Staple Fiber from India,’’ dated
                                                      Types of Financing under the Policy               Lovely or Trisha Tran, AD/CVD                          concurrently with this determination and hereby
                                                                                                        Operations, Office VI, Enforcement and                 adopted by this notice (Issues and Decision
                                                      Loan Program
                                                                                                                                                               Memorandum).
                                                   Comment 9: PTA for LTAR Benefit                      Compliance, International Trade                           3 See Commerce Memorandum, ‘‘Fine Denier
                                                   Comment 10: Sales Denominator for the                Administration, U.S. Department of                     Polyester Staple Fiber from the People’s Republic
                                                      Sanfangxiang Group                                Commerce, 1401 Constitution Avenue                     of China, India, Republic of Korea, and Taiwan:
                                                   Comment 11: Sales Denominator for                    NW, Washington, DC 20230; telephone                    Scope Comments Decision Memorandum for the
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                                                      Hailun Petrochemical                              (202) 482–1593 or (202) 482–4852,                      Preliminary Determinations,’’ dated May 31, 2016
                                                   Comment 12: Treatment of Foreign-                                                                           (Preliminary Scope Memorandum); see also See
                                                                                                        respectively.                                          Commerce Memorandum, ‘‘Due Dates for Case and
                                                      Purchased Inputs
                                                                                                        SUPPLEMENTARY INFORMATION:                             Rebuttal Briefs Regarding the Scope,’’ dated
                                                   Comment 13: Correction of Calculation                                                                       December 11, 2017.
                                                      Errors for Huahong
                                                                                                        Background                                                4 See Fine Denier Polyester Staple Fiber from
                                                   Comment 14: Correction of Calculation                                                                       India and the People’s Republic of China: Initiation
                                                      Errors for Hailun                                   On November 6, 2017, Commerce                        of Countervailing Duty Investigations, 82 FR 29029
                                                XI. Recommendation                                      published the Preliminary                              (June 27, 2017) (Initiation Notice).



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Document Created: 2018-01-23 01:08:55
Document Modified: 2018-01-23 01:08:55
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 January 23, 2018.
ContactYasmin Bordas or Davina Friedmann, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-3813 or (202) 482- 0698, respectively.
FR Citation83 FR 3120 

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