83_FR_3137 83 FR 3122 - Countervailing Duty Investigation of Fine Denier Polyester Staple Fiber From India: Final Affirmative Determination

83 FR 3122 - Countervailing Duty Investigation of Fine Denier Polyester Staple Fiber From India: Final Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range3122-3124
FR Document2018-01151

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 India. 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 3122-3124]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01151]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Countervailing Duty Investigation of Fine Denier Polyester Staple 
Fiber From India: 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 India. 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: Eli Lovely or Trisha Tran, 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) 482-1593 or (202) 482-4852, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 6, 2017, Commerce published the Preliminary 
Determination.\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 India: 
Preliminary Affirmative Countervailing Duty Determination, 82 FR 
51387 (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 India,'' 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 record for this final determination, and accompanying 
discussion and analysis

[[Page 3123]]

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 May 31, 2016 (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 conducted this countervailing duty (CVD) investigation in 
accordance with section 701 of the Tariff Act of 1930, as amended (the 
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 fine denier PSF 
from India. 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 
Decisions 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' sales figures and 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, ``Bombay Dyeing Final Determination 
Calculation Memorandum,'' dated January 16, 2018 (Bombay Dyeing's 
Final Calculation Memorandum) and ``Countervailing Duty 
Investigation of Fine Denier Polyester Staple Fiber from India: 
Final Determination Calculation for Reliance Industries Limited,'' 
dated January 16, 2018 (Reliance'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. The Department calculated the all-others' 
rate using a weighted average of the individual estimated subsidy rates 
calculated for the examined respondents using each company's publicly-
ranged values for the merchandise under consideration.\8\
---------------------------------------------------------------------------

    \8\ With two respondents under examination, the Department 
normally calculates (A) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents; (B) a simple average 
of the estimated subsidy rates calculated for the examined 
respondents; and (C) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See, e.g., Ball Bearings and Parts 
Thereof from France, Germany, Italy, Japan, and the United Kingdom: 
Final Results of Antidumping Duty Administrative Reviews, Final 
Results of Changed-Circumstances Review, and Revocation of an Order 
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete 
publicly ranged sales data was available, the Department based the 
all-others rate on the publicly ranged sales data of the mandatory 
respondents. For a complete analysis of the data, please see the 
All-Others' Rate Calculation Memorandum.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Bombay Dyeing & Manufacturing Company Limited...........           13.38
Reliance Industries Limited.............................           27.36
All-Others..............................................           24.80
------------------------------------------------------------------------

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 India 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.

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.

[[Page 3124]]

    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. List of Issues
III. Background
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
    Comment 1: Whether to Countervail the AAP and DDB
    Comment 2: Whether to Apply AFA to Reliance and Bombay Dyeing's 
Discovered Benefits under the TUFS
    Comment 3: Treatment of the EPCG
    Comment 4: Whether to Apply AFA to Bombay Dyeing's Unreported 
Benefits from the SHIS
    Comment 5: Whether Commerce should countervail the FPS/IEIS
    Comment 6: Whether Commerce should countervail the SGOM PSI
    Comment 7: Whether to Apply AFA to the POI Value of Bombay 
Dyeing's Company-Wide Sales and Company-Wide Export Sales
    Comment 8: Whether to Apply AFA to Reliance's Unreported 
Benefits from the AAP
    Comment 9: Whether to Apply AFA to Reliance's Unreported 
Benefits from the MEIS and the MLFPS
    Comment 10: Whether to Apply AFA to Reliance's Alleged Benefits 
for EOU programs
    Comment 11: Whether to Apply AFA to Reliance's Purported 
Benefits for Two Income Deductions Related to SEZ programs
    Comment 12: Whether to Apply AFA to Reliance's Purported 
Benefits under Section 35(1)(iv), Section 35(I)(ii), and Section 
35(I)(i) Income Tax Deductions
    Comment 13: Whether to Apply AFA to Reliance's Unreported 
Benefits for SEZ programs
    Comment 14: Whether to Revise the Application of AFA Rates for 
SEZ programs
    Comment 15: Whether to Apply Total AFA to Reliance
    Comment 16: Whether to Revise the Calculation of Benefits 
Received under the EPCG
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. 2018-01151 Filed 1-22-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                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
sradovich on DSK3GMQ082PROD with NOTICES




                                                      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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                                                                              Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                                  3123

                                                of all comments timely received, see the                discussion of these changes, see the                         performed for this final determination
                                                Final Scope Decision Memorandum.5                       Issues and Decision Memorandum and                           within five days of the date of public
                                                                                                        the Final Calculation Memoranda.7                            announcement of our final
                                                Methodology
                                                                                                                                                                     determination, in accordance with 19
                                                  Commerce conducted this                               Final Determination
                                                                                                                                                                     CFR 351.224(b).
                                                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                    Suspension of Liquidation
                                                Tariff Act of 1930, as amended (the Act).               an individual rate for each producer/                           As a result of our Preliminary
                                                For each of the subsidy programs found                  exporter of the subject merchandise                          Determination, and pursuant to sections
                                                to be countervailable, we determine that                individually investigated.                                   703(d)(1)(B) and (2) of the Act, we
                                                there is a subsidy (i.e., a financial                     In accordance with section                                 instructed U.S. Customs and Border
                                                contribution by an ‘‘authority’’ that                   705(c)(5)(A) of the Act, for companies                       Protection (CBP) to suspend liquidation
                                                gives rise to a benefit to the recipient)               not individually investigated, we apply                      of all entries of merchandise under
                                                and that the subsidy is specific. For a                 an ‘‘all-others’’ rate. Under section                        consideration from India that were
                                                full description of the methodology                     705(c)(5)(A)(i) of the Act, the ‘‘all-                       entered or withdrawn from warehouse,
                                                underlying our final determination, see                 others’’ rate excludes zero and de                           for consumption, on or after November
                                                the Issues and Decisions Memorandum.                    minimis rates calculated for the                             6, 2017, the date of publication of the
                                                                                                        exporters and producers individually                         Preliminary Determination in the
                                                Scope of the Investigation                              investigated as well as rates based                          Federal Register.
                                                  The merchandise covered by this                       entirely on facts otherwise available.                          If the U.S. International Trade
                                                investigation is fine denier PSF from                     Pursuant to section 705(c)(5)(A)(i) of                     Commission (the ITC) issues a final
                                                India. For a complete description of the                the Act, we have calculated the ‘‘all-                       affirmative injury determination, we
                                                scope of this investigation, see                        others’’ rate using the subsidy rates of                     will issue a CVD order, will reinstate the
                                                Appendix II.                                            the two individually investigated                            suspension of liquidation under section
                                                                                                        respondents. The Department calculated                       706(a) of the Act, and will require a cash
                                                Analysis of Subsidy Programs and
                                                                                                        the all-others’ rate using a weighted                        deposit of estimated CVDs for such
                                                Comments Received
                                                                                                        average of the individual estimated                          entries of subject merchandise in the
                                                  The subsidy programs under                            subsidy rates calculated for the                             amounts indicated above. If the ITC
                                                investigation, and the issues raised in                 examined respondents using each                              determines that material injury, or
                                                the case and rebuttal briefs submitted by               company’s publicly-ranged values for                         threat of material injury, does not exist,
                                                the parties, are discussed in the Issues                the merchandise under consideration.8                        this proceeding will be terminated and
                                                and Decision Memorandum. A list of                                                                                   all estimated duties deposited or
                                                the issues that parties raised, and to                                                                Subsidy rate   securities posted as a result of the
                                                                                                                     Company
                                                which we responded in the Issues and                                                                   (percent)
                                                                                                                                                                     suspension of liquidation will be
                                                Decision Memorandum, is attached to                                                                                  refunded or canceled.
                                                this notice at Appendix I.                              Bombay Dyeing & Manufac-
                                                                                                          turing Company Limited ....                        13.38
                                                                                                                                                                     ITC Notification
                                                Use of Adverse Facts Available (AFA)                    Reliance Industries Limited ..                       27.36
                                                                                                        All-Others ..............................            24.80     In accordance with section 705(d) of
                                                   For purposes of this final
                                                                                                                                                                     the Act, we will notify the ITC of our
                                                determination, we relied on facts
                                                                                                        Disclosure                                                   determination. In addition, we are
                                                available, and because certain
                                                                                                          We intend to disclose to parties in                        making available to the ITC all non-
                                                respondents did not act to the best of
                                                                                                        this proceeding the calculations                             privileged and non-proprietary
                                                their ability in responding to
                                                                                                                                                                     information related to this investigation.
                                                Commerce’s requests for information,
                                                                                                                                                                     We will allow the ITC access to all
                                                we drew an adverse inference, where                        7 See Commerce Memoranda, ‘‘Bombay Dyeing

                                                                                                        Final Determination Calculation Memorandum,’’                privileged and business proprietary
                                                appropriate, in selecting from among the                dated January 16, 2018 (Bombay Dyeing’s Final                information in our files, provided the
                                                facts otherwise available.6 A full                      Calculation Memorandum) and ‘‘Countervailing                 ITC confirms that it will not disclose
                                                discussion of our decision to rely on                   Duty Investigation of Fine Denier Polyester Staple
                                                adverse facts available is presented in                 Fiber from India: Final Determination Calculation            such information, either publicly or
                                                the ‘‘Use of Facts Otherwise Available                  for Reliance Industries Limited,’’ dated January 16,         under an administrative protective order
                                                                                                        2018 (Reliance’s Final Calculation Memorandum).              (APO), without the written consent of
                                                and Adverse Inferences’’ section of the                    8 With two respondents under examination, the
                                                Issues and Decisions Memorandum.                                                                                     the Assistant Secretary for Enforcement
                                                                                                        Department normally calculates (A) a weighted-
                                                                                                        average of the estimated subsidy rates calculated for        and Compliance.
                                                Changes Since the Preliminary                           the examined respondents; (B) a simple average of
                                                Determination                                           the estimated subsidy rates calculated for the               Return or Destruction of Proprietary
                                                                                                        examined respondents; and (C) a weighted-average             Information
                                                  Based on our review and analysis of                   of the estimated subsidy rates calculated for the
                                                the comments received from parties,                     examined respondents using each company’s
                                                                                                                                                                        In the event the ITC issues a final
                                                and minor corrections presented at                      publicly-ranged U.S. sale quantities for the                 negative injury determination, this
                                                verification, we made certain changes to                merchandise under consideration. The Department              notice serves as the only reminder to
                                                                                                        then compares (B) and (C) to (A) and selects the rate        parties subject to an APO of their
                                                the respondents’ sales figures and                      closest to (A) as the most appropriate rate for all
                                                subsidy rate calculations since the                     other producers and exporters. See, e.g., Ball               responsibility concerning the
                                                Preliminary Determination. For a                        Bearings and Parts Thereof from France, Germany,             destruction of proprietary information
                                                                                                                                                                     disclosed under APO in accordance
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                                                                                                        Italy, Japan, and the United Kingdom: Final Results
                                                                                                        of Antidumping Duty Administrative Reviews, Final            with 19 CFR 351.305(a)(3). Timely
                                                  5 See Commerce Memorandum, ‘‘Fine Denier
                                                                                                        Results of Changed-Circumstances Review, and
                                                Polyester Staple Fiber from the People’s Republic       Revocation of an Order in Part, 75 FR 53661, 53663           written notification of the return or
                                                of China, India, Republic of Korea, and Taiwan:         (September 1, 2010). As complete publicly ranged             destruction of APO materials, or
                                                Scope Comments Decision Memorandum for the              sales data was available, the Department based the           conversion to judicial protective order,
                                                Final Determinations,’’ dated concurrently with this    all-others rate on the publicly ranged sales data of
                                                determination and hereby adopted by this notice         the mandatory respondents. For a complete analysis
                                                                                                                                                                     is hereby requested. Failure to comply
                                                (Final Scope Memorandum).                               of the data, please see the All-Others’ Rate                 with the regulations and terms of an
                                                  6 See sections 776(a) and (b) of the Act.             Calculation Memorandum.                                      APO is a violation subject to sanction.


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                                                3124                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                  This determination is issued and                      Appendix II                                            (Act). Commerce published the notice of
                                                published pursuant to sections 705(d)                   Scope of the Investigation                             initiation of this investigation on
                                                and 777(i) of the Act.                                                                                         September 11, 2017.1 On October 27,
                                                                                                           The merchandise covered by this                     2017, Commerce postponed the
                                                  Dated: January 16, 2018.                              investigation is fine denier polyester staple
                                                                                                        fiber (fine denier PSF), not carded or combed,         preliminary determination of this
                                                Gary Taverman,
                                                                                                        measuring less than 3.3 decitex (3 denier) in          investigation to January 16, 2018.2 For
                                                Deputy Assistant Secretary for Antidumping                                                                     a complete description of the events that
                                                                                                        diameter. The scope covers all fine denier
                                                and Countervailing Duty Operations,                                                                            followed the initiation of this
                                                                                                        PSF, whether coated or uncoated. The
                                                performing the non-exclusive functions and
                                                duties of the Assistant Secretary for
                                                                                                        following products are excluded from the               investigation, see the Preliminary
                                                                                                        scope:                                                 Decision Memorandum.3 A list of topics
                                                Enforcement and Compliance.
                                                                                                           (1) PSF equal to or greater than 3.3 decitex        discussed in the Preliminary Decision
                                                Appendix I                                              (more than 3 denier, inclusive) currently              Memorandum is included at Appendix
                                                                                                        classifiable under Harmonized Tariff
                                                List of Topics Discussed in the Issues and                                                                     II to this notice. The Preliminary
                                                                                                        Schedule of the United States (HTSUS)
                                                Decision Memorandum                                     subheadings 5503.20.0045 and 5503.20.0065.             Decision Memorandum is a public
                                                                                                           (2) Low-melt PSF defined as a bi-                   document and is on file electronically
                                                I. Summary
                                                                                                        component polyester fiber having a polyester           via Enforcement and Compliance’s
                                                II. List of Issues
                                                                                                        fiber component that melts at a lower                  Antidumping and Countervailing Duty
                                                III. Background
                                                IV. Scope Comments
                                                                                                        temperature than the other polyester fiber             Centralized Electronic Service System
                                                                                                        component, which is currently classifiable             (ACCESS). ACCESS is available to
                                                V. Scope of the Investigation                           under HTSUS subheading 5503.20.0015.
                                                VI. Subsidies Valuation Information                                                                            registered users at http://
                                                                                                           Fine denier PSF is classifiable under the           access.trade.gov, and is available to all
                                                VII. Benchmarks and Interest Rates                      HTSUS subheading 5503.20.0025. Although
                                                VIII. Use of Facts Otherwise Available and              the HTSUS subheadings are provided for
                                                                                                                                                               parties in the Central Records Unit,
                                                      Adverse Inferences                                convenience and customs purposes, the                  Room B8024 of the main Department of
                                                IX. Analysis of Programs                                written description of the scope of the                Commerce building. In addition, a
                                                X. Analysis of Comments                                 investigations is dispositive.                         complete version of the Preliminary
                                                   Comment 1: Whether to Countervail the                [FR Doc. 2018–01151 Filed 1–22–18; 8:45 am]
                                                                                                                                                               Decision Memorandum can be accessed
                                                      AAP and DDB                                                                                              directly at http://enforcement.trade.gov/
                                                                                                        BILLING CODE 3510–DS–P
                                                   Comment 2: Whether to Apply AFA to                                                                          frn/. The signed and electronic versions
                                                      Reliance and Bombay Dyeing’s                                                                             of the Preliminary Decision
                                                      Discovered Benefits under the TUFS                                                                       Memorandum are identical in content.
                                                   Comment 3: Treatment of the EPCG
                                                                                                        DEPARTMENT OF COMMERCE
                                                   Comment 4: Whether to Apply AFA to                                                                          Scope of the Investigation
                                                                                                        International Trade Administration
                                                      Bombay Dyeing’s Unreported Benefits                                                                         The products covered by this
                                                      from the SHIS                                     [C–570–065]                                            investigation are stainless steel flanges
                                                   Comment 5: Whether Commerce should                                                                          from China. For a complete description
                                                      countervail the FPS/IEIS                          Countervailing Duty Investigation of                   of the scope of this investigation, see
                                                   Comment 6: Whether Commerce should                   Stainless Steel Flanges From the                       Appendix I.
                                                      countervail the SGOM PSI                          People’s Republic of China:
                                                   Comment 7: Whether to Apply AFA to the               Preliminary Affirmative Determination                  Methodology
                                                      POI Value of Bombay Dyeing’s                                                                               Commerce is conducting this
                                                      Company-Wide Sales and Company-                   AGENCY:  Enforcement and Compliance,
                                                                                                        International Trade Administration,                    investigation in accordance with section
                                                      Wide Export Sales
                                                   Comment 8: Whether to Apply AFA to                   Department of Commerce.                                701 of the Act. For each of the subsidy
                                                      Reliance’s Unreported Benefits from the           SUMMARY: The Department of Commerce
                                                                                                                                                               programs found countervailable,
                                                      AAP                                               (Commerce) preliminarily determines                    Commerce preliminarily determines
                                                   Comment 9: Whether to Apply AFA to                   that countervailable subsidies are being               that there is a subsidy, i.e., a financial
                                                      Reliance’s Unreported Benefits from the           provided to producers/exporters of                     contribution by an ‘‘authority’’ that
                                                      MEIS and the MLFPS                                stainless steel flanges from the People’s              gives rise to a benefit to the recipient,
                                                   Comment 10: Whether to Apply AFA to                  Republic of China (China). The period                  and that the subsidy is specific.4
                                                      Reliance’s Alleged Benefits for EOU                                                                        In making these findings, Commerce
                                                                                                        of investigation is January 1, 2016,
                                                      programs                                                                                                 relied totally on facts available, because
                                                                                                        through December 31, 2016. We invite
                                                   Comment 11: Whether to Apply AFA to                                                                         neither the GOC nor any of the selected
                                                                                                        interested parties to comment on this
                                                      Reliance’s Purported Benefits for Two                                                                    mandatory respondent companies
                                                      Income Deductions Related to SEZ                  preliminary determination.
                                                                                                                                                               responded to the questionnaire. Further,
                                                      programs                                          DATES: Applicable January 23, 2018.
                                                   Comment 12: Whether to Apply AFA to                  FOR FURTHER INFORMATION CONTACT:                         1 See Stainless Steel Flanges from India and the

                                                      Reliance’s Purported Benefits under               Justin Neuman or Jerry Huang, AD/CVD                   People’s Republic of China: Initiation of
                                                      Section 35(1)(iv), Section 35(I)(ii), and         Operations, Office V, Enforcement and                  Countervailing Duty Investigations, 82 FR 42654
                                                      Section 35(I)(i) Income Tax Deductions                                                                   (September 11, 2017) (Initiation Notice).
                                                                                                        Compliance, International Trade                          2 See Stainless Steel Flanges from India and the
                                                   Comment 13: Whether to Apply AFA to                  Administration, U.S. Department of                     People’s Republic of China: Postponement of
                                                      Reliance’s Unreported Benefits for SEZ            Commerce, 1401 Constitution Avenue                     Preliminary Determinations of Countervailing Duty
                                                      programs                                          NW, Washington, DC 20230; telephone                    Investigations, 82 FR 49786 (October 27, 2017).
                                                   Comment 14: Whether to Revise the                    (202) 482–0486 or (202) 482–4047,                        3 See Memorandum, ‘‘Decision Memorandum for
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                                                      Application of AFA Rates for SEZ                                                                         the Preliminary Determination of the
                                                                                                        respectively.
                                                      programs                                                                                                 Countervailing Duty Investigation of Stainless Steel
                                                   Comment 15: Whether to Apply Total AFA               SUPPLEMENTARY INFORMATION:                             Flanges from the People’s Republic of China,’’ dated
                                                      to Reliance                                                                                              concurrently with, and hereby adopted by, this
                                                                                                        Background                                             notice (Preliminary Decision Memorandum).
                                                   Comment 16: Whether to Revise the                                                                             4 See sections 771(5)(B) and (D) of the Act
                                                      Calculation of Benefits Received under              This preliminary determination is                    regarding financial contribution; section 771(5)(E)
                                                      the EPCG                                          made in accordance with section 703(b)                 of the Act regarding benefit; and section 771(5A) of
                                                XI. Recommendation                                      of the Tariff Act of 1930, as amended                  the Act regarding specificity.



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Document Created: 2018-01-23 01:09:01
Document Modified: 2018-01-23 01:09:01
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.
ContactEli Lovely or Trisha Tran, 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) 482-1593 or (202) 482-4852, respectively.
FR Citation83 FR 3122 

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