83 FR 34545 - Fine Denier Polyester Staple Fiber From the People's Republic of China, India, the Republic of Korea, and Taiwan: Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
International Trade Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34545-34548 | |
| FR Document | 2018-15567 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34545-34548] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15567] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-060, A-533-875, A-580-893, A-583-860] Fine Denier Polyester Staple Fiber From the People's Republic of China, India, the Republic of Korea, and Taiwan: Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on fine denier polyester staple fiber (fine denier PSF) from the People's Republic of China (China), India, the Republic of Korea (Korea), and Taiwan. DATES: Applicable July 20, 2018. FOR FURTHER INFORMATION CONTACT: Edythe Artman at (202) 482-3931 (China), Patrick O'Connor at (202) 482-0989 (India), Karine Gziryan at (202) 482-4081 (Korea), Lilit Astvatsatrian at (202) 482-6412 (Taiwan), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(a), 735(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 30, 2018, Commerce published its affirmative final determinations in the less-than-fair-value (LTFV) investigations of fine denier PSF from China, India, Korea and Taiwan.\1\ On July 13, 2018, the ITC notified Commerce of its affirmative final determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of LTFV imports of fine denier PSF from China, India, Korea, and Taiwan.\2\ --------------------------------------------------------------------------- \1\ See Fine Denier Polyester Staple Fiber from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 24740 (May 30, 2018); Fine Denier Polyester Staple Fiber from India: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 24737 (May 30, 2018); Fine Denier Polyester Staple Fiber from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 24743 (May 30, 2018); and Fine Denier Polyester Staple Fiber from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 24745 (May 30, 2018). \2\ See Letter to Gary Taverman, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from David S. Johanson, Chairman of the U.S. International Trade Commission, regarding fine denier polyester staple fiber from China, India, Korea, and Taiwan (July 13, 2018). --------------------------------------------------------------------------- Scope of the Orders The product covered by these orders is fine denier PSF from China, India, Korea, and Taiwan. For a complete description of the scope of these orders, see the Appendix to this notice. Antidumping Duty Orders In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of fine denier PSF from China, India, Korea, and Taiwan.\3\ Therefore, in accordance with section 735(c)(2) of the Act, Commerce is issuing these antidumping duty orders. Because the ITC determined that imports of fine denier PSF from China, India, Korea, and Taiwan are materially injuring a U.S. industry, unliquidated entries of such merchandise from China, India, Korea, and Taiwan, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of fine denier PSF from China, India, Korea, and Taiwan. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC's final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of fine denier PSF from China, India, Korea, and Taiwan entered, or withdrawn from warehouse, for consumption on or after January 5, 2018, the date of publication of the preliminary determinations.\4\ Additionally, because the estimated weighted-average dumping for subject merchandise produced and exported by Tainan Spinning Co., Ltd. was determined to be zero in the investigation of fine denier PSF from Taiwan, and the estimated weighted-average dumping for subject merchandise produced and exported by Toray Chemical Kora Inc. was determined to be zero in the investigation of fine denier PSF from Korea, Commerce is directing CBP to not suspend liquidation of entries of subject merchandise from these exporter/producer combinations for each of the respective orders. Entries of subject merchandise exported to the United States by any other producer and exporter combination are not entitled to this exclusion from suspension of liquidation and are subject to the applicable cash deposit rates noted below. --------------------------------------------------------------------------- \4\ See Fine Denier Polyester Staple Fiber from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 665 (January 5, 2018), and accompanying Preliminary Decision Memorandum (China Preliminary Determination); Fine Denier Polyester Staple Fiber from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 662 (January 5, 2018), and accompanying Preliminary Decision Memorandum (India Preliminary Determination); Fine Denier Polyester Staple Fiber from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 660 (January 5, 2018), and accompanying Preliminary Decision Memorandum (Korea Preliminary Determination); and Fine Denier Polyester Staple Fiber from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 668 (January 5, 2018), and accompanying Preliminary Decision Memorandum (Taiwan Preliminary Determination). --------------------------------------------------------------------------- [[Page 34546]] Continuation of Suspension of Liquidation Except as noted above and in the ``Provisional Measures'' section of this notice below, in accordance with section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of fine denier PSF from China, India, Korea, and Taiwan. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins, or cash deposits adjusted for subsidy offset, as applicable, indicated in the tables below. Given that the provisional measures period has expired, as explained below, effective on the date of publication in the Federal Register of the notice of the ITC's final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins or cash deposits adjusted for subsidy offset, as applicable, listed in the tables below.\5\ The relevant all-others rates apply to all producers or exporters not specifically listed. The China-wide entity rate applies to all exporter-producer combinations not specifically listed. --------------------------------------------------------------------------- \5\ See section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. At the request of exporters that account for a significant proportion of fine denier PSF from China, India, Korea, and Taiwan, Commerce extended the four-month period to six months in each of these investigations. Commerce published the preliminary determinations in these investigations on January 5, 2018.\6\ Hence, the extended provisional measures period, beginning on the date of publication of the preliminary determinations, ended on July 3, 2018. --------------------------------------------------------------------------- \6\ See China Preliminary Determination, India Preliminary Determination, Korea Preliminary Determination, and Taiwan Preliminary Determination. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice,\7\ Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of fine denier PSF from China, India, Korea, and Taiwan entered, or withdrawn from warehouse, for consumption after July 3, 2018, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC's final affirmative injury determinations in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC's final determinations in the Federal Register. --------------------------------------------------------------------------- \7\ See Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 (July 25, 2016). --------------------------------------------------------------------------- Estimated Weighted-Average Dumping Margins The estimated weighted-average antidumping duty margin percentages and cash deposit rates adjusted for subsidy offset, as applicable, are as follows: China ---------------------------------------------------------------------------------------------------------------- Estimated weighted- Cash deposit Exporter Producer average adjusted for dumping margin subsidy offset (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Jiangyin Hailun Chemical Fiber Co. Ltd Jiangyin Hailun Chemical Fiber Co. Ltd./ 72.22 72.22 Jiangyin Xinlun Chemical Fiber Co., Ltd./Jiangyin Yunlun Chemical Fiber Co., Ltd./Jiangyin Bolun Chemical Fiber Co., Ltd./Jiangyin Fenghua Synthetic Fiber Co., Ltd./Jiangyin Huamei Special Fiber Co., Ltd./Jiangyin Huasheng Polymerization Co., Ltd./Jiangyin Huayi Polymerization Co., Ltd./Jiangyin Huaxing Synthetic Co., Ltd./Jiangyin Xingsheng Plastic Co., Ltd. Jiangyin Huahong Chemical Fiber Co., Jiangyin Huahong Chemical Fiber Co., 65.17 65.11 Ltd. Ltd./Jiangyin Huakai Polyester Co., Ltd./Jiangyin Hongkai Chemical Fiber Co., Ltd. Hangzhou Best Chemical Fiber Co., Ltd. Hangzhou Best Chemical Fiber Co., Ltd... 68.70 68.64 Cixi Jiangnan Chemical Fiber Co. Ltd.. Cixi Jiangnan Chemical Fiber Co. Ltd.... 68.70 68.64 Jiangsu Xinsu Chemical Fiber Co., Ltd. Jiangsu Xinsu Chemical Fiber Co., Ltd... 68.70 68.64 Jiangyin Jinyan Chemical Fiber Co., Jiangyin Jinyan Chemical Fiber Co., Ltd./ 68.70 68.64 Ltd. Jiangsu Xiang He Tai Fiber Technology Co., Ltd. Jiangyin Yangxi International Trade Jiangsu Hengze Composite Materials 68.70 68.64 Co., Ltd. Technology Co., Ltd./Chuzhou Prosperity Environmental Protection Color Fiber Co., Ltd./Jiangsu Xiang He Tai Fiber Technology Co., Ltd./Jiangyin Hengfeng Chemical Fiber Co., Ltd./Jiangyin Shunze Chemical Fiber Co., Ltd. Zhejiang Jinfuchun Industrial Co., Ltd Zhejiang Jinfuchun Industrial Co., Ltd.. 68.70 68.64 Nanyang Textile Co., Ltd.............. Nanyang Textile Co., Ltd................ 68.70 68.64 Ningbo Dafa Chemical Fiber Co. Ltd.... Ningbo Dafa Chemical Fiber Co. Ltd...... 68.70 68.64 Zhaoqing Tifo New Fibre Co., Ltd...... Zhaoqing Tifo New Fibre Co., Ltd........ 68.70 68.64 Unifi Textiles (Suzhou) Co., Ltd...... Jiangyin Yueda Chemical Fiber Limited 68.70 68.64 Company/Hangzhou BenMa Chemical and Spinning Company Ltd./Yizheng Chemical Fiber Limited Liability Company. [[Page 34547]] Yuyao Dafa Chemical Fiber Co., Ltd.... Yuyao Dafa Chemical Fiber Co., Ltd...... 68.70 68.64 Zhangjiagang City Hongtuo Chemical Jiangyin Jindun Chemical Fiber Co., Ltd. 68.70 68.64 Fiber Co., Ltd. Zhejiang Linan Foreign Trade Co., Ltd. Zhejiang Huashun Technology Co., Ltd.... 68.70 68.64 Suzhou Zhengbang Chemical Fiber Co., Suzhou Zhengbang Chemical Fiber Co., Ltd 68.70 68.64 Ltd. ---------------------------------------------------------------------------------------------------------------- CHINA-WIDE ENTITY 103.06 103.00 ---------------------------------------------------------------------------------------------------------------- India ---------------------------------------------------------------------------------------------------------------- Estimated weighted- Cash deposit rate Exporter/producer average dumping adjusted for subsidy margin (percent) offset (percent) ---------------------------------------------------------------------------------------------------------------- Reliance Industries Limited....................................... 21.43 14.48 Bombay Dyeing & Manufacturing Company Limited..................... 21.43 15.49 All-Others........................................................ 21.43 14.67 ---------------------------------------------------------------------------------------------------------------- Korea ------------------------------------------------------------------------ Estimated weighted- Exporter/producer average dumping margin (percent) ------------------------------------------------------------------------ Toray Chemical Korea Inc......................... 0.00 Huvis Corporation................................ 45.23 Down Nara, Co., Ltd., Down-Nara, Co., Ltd........ 45.23 (AKA Koreco Synthetic Fiber Co., Ltd.)........... All-Others....................................... 30.15 ------------------------------------------------------------------------ Taiwan ------------------------------------------------------------------------ Estimated weighted- Exporter/producer average dumping margin (percent) ------------------------------------------------------------------------ Tainan Spinning Co., Ltd......................... 0.00 Far Eastern Textile Ltd. (AKA Far Eastern New 48.86 Century Corporation)............................ All-Others....................................... 24.43 ------------------------------------------------------------------------ This notice constitutes the antidumping duty orders with respect to fine denier PSF from China, India, Korea, and Taiwan pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: July 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--Scope of the Orders The merchandise covered by these orders 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 [[Page 34548]] 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 these orders is dispositive. [FR Doc. 2018-15567 Filed 7-19-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34545
Notification to Interested Parties SUPPLEMENTARY INFORMATION: instruction by Commerce, antidumping
This notice also serves as the only Background duties equal to the amount by which the
reminder to parties subject to normal value of the merchandise
In accordance with sections 735(a), exceeds the export price (or constructed
administrative protective order (APO) of 735(d), and 777(i)(1) of the Tariff Act of
their responsibility concerning the export price) of the merchandise, for all
1930, as amended (the Act), and 19 CFR relevant entries of fine denier PSF from
return or destruction of proprietary 351.210(c), on May 30, 2018, Commerce
information disclosed under APO in China, India, Korea, and Taiwan. With
published its affirmative final
accordance with 19 CFR 351.305. the exception of entries occurring after
determinations in the less-than-fair-
Timely notification of the return or value (LTFV) investigations of fine the expiration of the provisional
destruction of APO materials or denier PSF from China, India, Korea and measures period and before publication
conversion to judicial protective orders Taiwan.1 On July 13, 2018, the ITC of the ITC’s final affirmative injury
is hereby requested. Failure to comply notified Commerce of its affirmative determinations, as further described
with the regulations and terms of an final determinations that an industry in below, antidumping duties will be
APO is a violation which is subject to the United States is materially injured assessed on unliquidated entries of fine
sanction. within the meaning of section denier PSF from China, India, Korea,
We are issuing and publishing the 735(b)(1)(A)(i) of the Act, by reason of and Taiwan entered, or withdrawn from
final results and this notice in LTFV imports of fine denier PSF from warehouse, for consumption on or after
accordance with sections 751(c), 752(b), China, India, Korea, and Taiwan.2 January 5, 2018, the date of publication
and 777(i)(1) of the Act and 19 CFR of the preliminary determinations.4
351.218. Scope of the Orders
Additionally, because the estimated
Dated: July 2, 2018. The product covered by these orders weighted-average dumping for subject
Gary Taverman, is fine denier PSF from China, India, merchandise produced and exported by
Korea, and Taiwan. For a complete
Deputy Assistant Secretary for Antidumping Tainan Spinning Co., Ltd. was
and Countervailing Duty Operations, description of the scope of these orders,
determined to be zero in the
performing the non-exclusive functions and see the Appendix to this notice.
investigation of fine denier PSF from
duties of the Assistant Secretary for Antidumping Duty Orders
Enforcement and Compliance.
Taiwan, and the estimated weighted-
In accordance with sections average dumping for subject
[FR Doc. 2018–15569 Filed 7–19–18; 8:45 am]
735(b)(1)(A)(i) and 735(d) of the Act, the merchandise produced and exported by
BILLING CODE 3510–DS–P
ITC notified Commerce of its final Toray Chemical Kora Inc. was
determinations in these investigations, determined to be zero in the
DEPARTMENT OF COMMERCE in which it found that an industry in the investigation of fine denier PSF from
United States is materially injured by Korea, Commerce is directing CBP to
International Trade Administration reason of imports of fine denier PSF not suspend liquidation of entries of
from China, India, Korea, and Taiwan.3 subject merchandise from these
[A–570–060, A–533–875, A–580–893, A–583–
Therefore, in accordance with section exporter/producer combinations for
860]
735(c)(2) of the Act, Commerce is each of the respective orders. Entries of
Fine Denier Polyester Staple Fiber issuing these antidumping duty orders. subject merchandise exported to the
From the People’s Republic of China, Because the ITC determined that United States by any other producer and
India, the Republic of Korea, and imports of fine denier PSF from China, exporter combination are not entitled to
Taiwan: Antidumping Duty Orders India, Korea, and Taiwan are materially this exclusion from suspension of
injuring a U.S. industry, unliquidated liquidation and are subject to the
AGENCY: Enforcement and Compliance, entries of such merchandise from China, applicable cash deposit rates noted
International Trade Administration, India, Korea, and Taiwan, entered or below.
Department of Commerce. withdrawn from warehouse for
SUMMARY: Based on affirmative final consumption, are subject to the 4 See Fine Denier Polyester Staple Fiber from the
determinations by the Department of assessment of antidumping duties. People’s Republic of China: Preliminary Affirmative
Commerce (Commerce) and the Therefore, in accordance with section Determination of Sales at Less Than Fair Value,
736(a)(1) of the Act, Commerce will Postponement of Final Determination, and
International Trade Commission (ITC), Extension of Provisional Measures, 83 FR 665
Commerce is issuing antidumping duty direct U.S. Customs and Border (January 5, 2018), and accompanying Preliminary
orders on fine denier polyester staple Protection (CBP) to assess, upon further Decision Memorandum (China Preliminary
fiber (fine denier PSF) from the People’s Determination); Fine Denier Polyester Staple Fiber
Republic of China (China), India, the 1 See Fine Denier Polyester Staple Fiber from the from India: Preliminary Affirmative Determination
People’s Republic of China: Final Affirmative of Sales at Less Than Fair Value, Postponement of
Republic of Korea (Korea), and Taiwan. Determination of Sales at Less Than Fair Value, 83 Final Determination, and Extension of Provisional
DATES: Applicable July 20, 2018. FR 24740 (May 30, 2018); Fine Denier Polyester Measures, 83 FR 662 (January 5, 2018), and
Staple Fiber from India: Final Affirmative accompanying Preliminary Decision Memorandum
FOR FURTHER INFORMATION CONTACT: Determination of Sales at Less Than Fair Value, 83 (India Preliminary Determination); Fine Denier
Edythe Artman at (202) 482–3931 FR 24737 (May 30, 2018); Fine Denier Polyester Polyester Staple Fiber from the Republic of Korea:
(China), Patrick O’Connor at (202) 482– Staple Fiber from the Republic of Korea: Final Preliminary Affirmative Determination of Sales at
0989 (India), Karine Gziryan at (202) Affirmative Determination of Sales at Less Than Less Than Fair Value, Postponement of Final
Fair Value, 83 FR 24743 (May 30, 2018); and Fine Determination, and Extension of Provisional
482–4081 (Korea), Lilit Astvatsatrian at Denier Polyester Staple Fiber from Taiwan: Final Measures, 83 FR 660 (January 5, 2018), and
(202) 482–6412 (Taiwan), AD/CVD
daltland on DSKBBV9HB2PROD with NOTICES
Affirmative Determination of Sales at Less Than accompanying Preliminary Decision Memorandum
Operations, Enforcement and Fair Value, 83 FR 24745 (May 30, 2018). (Korea Preliminary Determination); and Fine Denier
2 See Letter to Gary Taverman, Acting Assistant
Compliance, U.S. Department of Polyester Staple Fiber from Taiwan: Preliminary
Secretary of Commerce for Enforcement and Affirmative Determination of Sales at Less Than
Commerce, 1401 Constitution Avenue Compliance, from David S. Johanson, Chairman of Fair Value, Postponement of Final Determination,
NW, Washington, DC 20230. the U.S. International Trade Commission, regarding and Extension of Provisional Measures, 83 FR 668
fine denier polyester staple fiber from China, India, (January 5, 2018), and accompanying Preliminary
Determination, 78 FR 13019, 13025 (February 26, Korea, and Taiwan (July 13, 2018). Decision Memorandum (Taiwan Preliminary
2013). 3 Id. Determination).
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![34548 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
component, which is currently classifiable others subsidy rate in the CVD Results of Expedited Changed
under HTSUS subheading 5503.20.0015. investigation of aluminum extrusions Circumstances Review’’ section.
Fine denier PSF is classifiable under the from China.2 On November 10, 2015,
HTSUS subheading 5503.20.0025. Although Scope of the Order
the HTSUS subheadings are provided for
Commerce published an amended final
CVD determination, with an effective The merchandise covered by the
convenience and customs purposes, the
written description of the scope of these date of November 2, 2015.3 Order is aluminum extrusions which are
orders is dispositive. In the CVD investigation, the subsidy shapes and forms, produced by an
rate applied to ‘‘all other’’ companies extrusion process, made from aluminum
[FR Doc. 2018–15567 Filed 7–19–18; 8:45 am]
was 374.15 percent,4 and the amount of alloys having metallic elements
BILLING CODE 3510–DS–P
corresponding to the alloy series
export subsidies included in the all-
designations published by The
others rate was 42.16 percent.5 Section
Aluminum Association commencing
DEPARTMENT OF COMMERCE 772(c)(1)(C) the Act provides that in
with the numbers 1, 3, and 6 (or
determining export price (EP) or
International Trade Administration proprietary equivalents or other
constructed export price (CEP),
certifying body equivalents).
[A–570–967] Commerce should adjust its calculations
Specifically, the subject merchandise
by ‘‘the amount of any countervailing
made from aluminum alloy with an
Aluminum Extrusions From the duty imposed on the subject
Aluminum Association series
People’s Republic of China: Initiation merchandise . . . to offset an export
designation commencing with the
and Preliminary Results of Expedited subsidy.’’ Therefore, the AD cash number 1 contains not less than 99
Changed Circumstances Review deposit rate for companies eligible for a percent aluminum by weight. The
separate rate was calculated as the subject merchandise made from
AGENCY: Enforcement and Compliance, separate rate dumping margin
International Trade Administration, aluminum alloy with an Aluminum
determined in the LTFV investigation Association series designation
Department of Commerce. (i.e., 32.79 percent), less the amount of
SUMMARY: The Department of Commerce commencing with the number 3
export subsidies included in the all- contains manganese as the major
(Commerce) is initiating and issuing the others CVD rate (i.e., 42.16 percent).6
preliminary results of a changed alloying element, with manganese
However, as a result of Commerce’s accounting for not more than 3.0
circumstances review (CCR) of the amended final CVD determination, the
antidumping duty (AD) order on percent of total materials by weight. The
all-others CVD rate was determined to subject merchandise is made from an
aluminum extrusions from the People’s be 7.37 percent,7 and the amount of
Republic of China (China), finding that aluminum alloy with an Aluminum
export subsidies included in the all- Association series designation
the cash deposit rate for the 21 others rate was determined to be 0.28
exporters/producers who retain a commencing with the number 6
percent.8 contains magnesium and silicon as the
separate rate assigned in the less-than-
Of the companies that were granted a major alloying elements, with
fair value (LTFV) investigation should
separate rate in the LTFV investigation, magnesium accounting for at least 0.1
be recalculated to reflect the revised
21 companies have not been subject to percent but not more than 2.0 percent of
countervailing duty (CVD) export
an administrative review and, thus, total materials by weight, and silicon
subsidy offsets from the amended final
continue to be assigned the separate rate accounting for at least 0.1 percent but
CVD determination. We invite
cash deposit rate determined in the not more than 3.0 percent of total
interested parties to comment on these
LTFV investigation.9 These companies materials by weight. The subject
preliminary results.
are listed below in the ‘‘Preliminary aluminum extrusions are properly
DATES: Applicable July 20, 2018.
identified by a four-digit alloy series
FOR FURTHER INFORMATION CONTACT: 2 See MacLean-Fogg Co. v. United States, 100 F. without either a decimal point or
Mark Flessner or Erin Kearney, AD/CVD Supp. 3d 1349 (CIT August 2015) (MacLean-Fogg). leading letter. Illustrative examples from
Operations, Office VI, Enforcement and 3 See Aluminum Extrusions from the People’s
among the approximately 160 registered
Compliance, International Trade Republic of China: Amended Final Affirmative
alloys that may characterize the subject
Administration, U.S. Department of Countervailing Duty Determination Pursuant to
Court Decision, 80 FR 69640 (November 10, 2015) merchandise are as follows: 1350, 3003,
Commerce, 1401 Constitution Avenue (CVD Amended Final Determination). and 6060.
NW, Washington, DC 20230; telephone: 4 See Aluminum Extrusions from the People’s Aluminum extrusions are produced
(202) 482–6312 or (202) 482–0167, Republic of China: Final Affirmative Countervailing and imported in a wide variety of
respectively. Duty Determination, 76 FR 18521, 18523 (April 4,
2011).
shapes and forms, including, but not
SUPPLEMENTARY INFORMATION: 5 See Aluminum Extrusions from the People’s limited to, hollow profiles, other solid
Republic of China: Final Determination of Sales at profiles, pipes, tubes, bars, and rods.
Background Less Than Fair Value, 76 FR 18524, 18531 (April Aluminum extrusions that are drawn
On May 26, 2011, Commerce 4, 2011). subsequent to extrusion (drawn
6 Id., 76 FR at 18531.
published AD and CVD orders on 7 See CVD Amended Final Determination, 80 FR
aluminum) are also included in the
aluminum extrusions from China.1 On at 69640. scope.
October 23, 2015, the United States 8 See Memorandum, ‘‘Preliminary Export Subsidy Aluminum extrusions are produced
Court of International Trade (CIT) Offset Calculation Memorandum,’’ dated and imported with a variety of finishes
sustained Commerce’s results of concurrently with this notice (Preliminary (both coatings and surface treatments),
Calculation Memorandum). and types of fabrication. The types of
redetermination pursuant to court
daltland on DSKBBV9HB2PROD with NOTICES
9 Two additional companies, China Square
remand, which recalculated the all- Industrial Ltd and USA Worldwide Door
coatings and treatments applied to
Components (PINGHU) Co., Ltd., are currently subject aluminum extrusions include,
1 See Aluminum Extrusions from the People’s assigned the separate rate established in the LTFV but are not limited to, extrusions that
Republic of China: Antidumping Duty Order, 76 FR investigation. However, both companies are are mill finished (i.e., without any
30650 (May 26, 2011) (the Order); and Aluminum currently under review in the 2015–2016
Extrusions from the People’s Republic of China: administrative review of aluminum extrusions from
coating or further finishing), brushed,
Countervailing Duty Order, 76 FR 30653 (May 26, China, and their dumping margin will be buffed, polished, anodized (including
2011). determined in the final results of that review. brightdip anodized), liquid painted, or
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Document Created: 2018-07-20 01:19:28
Document Modified: 2018-07-20 01:19:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable July 20, 2018. | |
| Contact | Edythe Artman at (202) 482-3931 (China), Patrick O'Connor at (202) 482-0989 (India), Karine Gziryan at (202) 482-4081 (Korea), Lilit Astvatsatrian at (202) 482-6412 (Taiwan), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 34545 |
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