83_FR_8089 83 FR 8052 - Certain Polyester Staple Fiber From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order

83 FR 8052 - Certain Polyester Staple Fiber From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8052-8052
FR Document2018-03748

As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order on certain polyester staple fiber (PSF) from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Page 8052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03748]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Final Results of Expedited Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty order on 
certain polyester staple fiber (PSF) from the People's Republic of 
China (China) would likely lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable February 23, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Walker, Enforcement and 
Compliance, Office V, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0238.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2017, Commerce initiated the second sunset review 
of the antidumping duty order \1\ on PSF from China, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
February 16, 2016, Commerce received a timely notice of intent to 
participate in the sunset review from the domestic producers, pursuant 
to 19 CFR 351.218(d)(1)(i).\3\ The domestic producers in this sunset 
review claimed interested party status under section 771(9)(C) of the 
Act, as producers of the domestic like product.\4\ On October 6, 2017, 
the domestic producers filed a substantive response in the sunset 
review within the 30-day deadline, as specified in 19 CFR 
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response 
from any respondent interested party in the sunset review. On November 
15, 2017, Commerce made its adequacy determination in the sunset review 
finding that Commerce did not receive a substantive response from any 
respondent interested party.\6\
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    \1\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Advance Notification of Sunset Reviews, 82 
FR 42078 (September 6, 2017).
    \3\ See letter from the domestic producers, ``Polyester Staple 
Fiber from China--Petitioners' Notice of Intent to Participate,'' 
dated September 21, 2017.
    \4\ The domestic producers in this sunset review are DAK 
Americas, LLC, Nan Ya Plastics Corporation, America and Auriga 
Polymers Inc.
    \5\ See Substantive Response.
    \6\ See Letter to the ITC from Commerce, ``Sunset Reviews 
Initiated in September 2017,'' dated November 15, 2017. In this 
letter, we stated that based on the lack of an adequate response in 
the sunset review from any respondent party, {Commerce{time}  is 
conducting an expedited (120-day) sunset review consistent with 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). 
See also Procedures for Conducting Five-year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516, 13519 
(March 20, 1998) (Commerce normally will conduct an expedited sunset 
review where respondent interested parties provide an inadequate 
response).
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Scope of the Order

    The merchandise subject to the order is synthetic staple fibers, 
not carded, combed or otherwise processed for spinning, of polyesters 
measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This 
merchandise is cut to lengths varying from one inch (25 mm) to five 
inches (127 mm). The merchandise is currently classifiable under the 
Harmonized Tariff Schedule (HTSUS) subheadings 5503.20.0045 and 
5503.20.0065.\7\
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    \7\ See ``Issues and Decision Memorandum for the Final Results 
of the Expedited Sunset Review of the Antidumping Duty Order on 
Certain Polyester Staple Fiber from the People's Republic of 
China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the Order 
were revoked. Parties may find a complete discussion of all issues 
raised in the review and the corresponding recommendations in this 
public memorandum which is on file electronically via Enforcement & 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Services System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and to all parties in the Central Records Unit 
Room B8024 of the main Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the web at http://trade.gov/enforcement. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
PSF from China would likely lead to continuation or recurrence of 
dumping at weighted-average margins up to 44.30 percent.

Notice Regarding Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely 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 which is subject to sanction.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), 777(i)(1) of the Act, and 19 CFR 351.218.

    Dated: February 16, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-03748 Filed 2-22-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               8052                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                                 Copies of CINTAC meeting minutes                      domestic like product.4 On October 6,                 Room B8024 of the main Commerce
                                               will be available within 90 days of the                 2017, the domestic producers filed a                  building. In addition, a complete
                                               meeting.                                                substantive response in the sunset                    version of the Issues and Decision
                                                 Dated: February 14, 2018.                             review within the 30-day deadline, as                 Memorandum can be accessed directly
                                               Man Cho,                                                specified in 19 CFR 351.218(d)(3)(i).5                on the web at http://trade.gov/
                                                                                                       Commerce did not receive a substantive                enforcement. The signed Issues and
                                               Deputy Director, Office of Energy and
                                               Environmental Industries.                               response from any respondent                          Decision Memorandum and the
                                                                                                       interested party in the sunset review.                electronic version of the Issues and
                                               [FR Doc. 2018–03711 Filed 2–22–18; 8:45 am]
                                                                                                       On November 15, 2017, Commerce                        Decision Memorandum are identical in
                                               BILLING CODE 3510–DR–P
                                                                                                       made its adequacy determination in the                content.
                                                                                                       sunset review finding that Commerce
                                                                                                                                                             Final Results of Review
                                               DEPARTMENT OF COMMERCE                                  did not receive a substantive response
                                                                                                       from any respondent interested party.6                  Pursuant to sections 752(c)(1) and
                                               International Trade Administration                                                                            752(c)(1) and (3) of the Act, Commerce
                                                                                                       Scope of the Order                                    determines that revocation of the
                                               [A–570–905]                                                The merchandise subject to the order               antidumping duty order on PSF from
                                                                                                       is synthetic staple fibers, not carded,               China would likely lead to continuation
                                               Certain Polyester Staple Fiber From                     combed or otherwise processed for                     or recurrence of dumping at weighted-
                                               the People’s Republic of China: Final
                                                                                                       spinning, of polyesters measuring 3.3                 average margins up to 44.30 percent.
                                               Results of Expedited Sunset Review of
                                                                                                       decitex (3 denier, inclusive) or more in
                                               the Antidumping Duty Order                                                                                    Notice Regarding Administrative
                                                                                                       diameter. This merchandise is cut to
                                                                                                                                                             Protective Order (APO)
                                               AGENCY:  Enforcement and Compliance,                    lengths varying from one inch (25 mm)
                                               International Trade Administration,                     to five inches (127 mm). The                            This notice also serves as the only
                                               Department of Commerce.                                 merchandise is currently classifiable                 reminder to parties subject to an APO of
                                               SUMMARY: As a result of this sunset                     under the Harmonized Tariff Schedule                  their responsibility concerning the
                                               review, the Department of Commerce                      (HTSUS) subheadings 5503.20.0045 and                  return or destruction of proprietary
                                               (Commerce) finds that revocation of the                 5503.20.0065.7                                        information disclosed under APO in
                                               antidumping duty order on certain                                                                             accordance with 19 CFR 351.305.
                                                                                                       Analysis of Comments Received                         Timely notification of the return or
                                               polyester staple fiber (PSF) from the
                                               People’s Republic of China (China)                         All issues raised in this review are               destruction of APO materials or
                                               would likely lead to continuation or                    addressed in the Issues and Decision                  conversion to judicial protective order is
                                               recurrence of dumping at the levels                     Memorandum. The issues discussed in                   hereby requested. Failure to comply
                                               indicated in the ‘‘Final Results of                     the Issues and Decision Memorandum                    with the regulations and terms of an
                                               Review’’ section of this notice.                        include the likelihood of continuation                APO is a violation which is subject to
                                                                                                       or recurrence of dumping and the                      sanction.
                                               DATES: Applicable February 23, 2018.
                                                                                                       magnitude of the margins likely to                      This sunset review and notice are in
                                               FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                       prevail if the Order were revoked.                    accordance with sections 751(c), 752(c),
                                               Walker, Enforcement and Compliance,                     Parties may find a complete discussion                777(i)(1) of the Act, and 19 CFR
                                               Office V, International Trade                           of all issues raised in the review and the            351.218.
                                               Administration, U.S. Department of                      corresponding recommendations in this
                                               Commerce, 1401 Constitution Avenue                                                                              Dated: February 16, 2018.
                                                                                                       public memorandum which is on file                    Prentiss Lee Smith,
                                               NW, Washington, DC 20230; telephone:                    electronically via Enforcement &
                                               (202) 482–0238.                                                                                               Deputy Assistant Secretary for Policy and
                                                                                                       Compliance’s Antidumping and                          Negotiations.
                                               SUPPLEMENTARY INFORMATION:                              Countervailing Duty Centralized                       [FR Doc. 2018–03748 Filed 2–22–18; 8:45 am]
                                               Background                                              Electronic Services System (ACCESS).
                                                                                                                                                             BILLING CODE 3510–DS–P
                                                                                                       ACCESS is available to registered users
                                                 On September 6, 2017, Commerce
                                                                                                       at https://access.trade.gov and to all
                                               initiated the second sunset review of the
                                                                                                       parties in the Central Records Unit                   DEPARTMENT OF COMMERCE
                                               antidumping duty order 1 on PSF from
                                               China, pursuant to section 751(c) of the                  4 The domestic producers in this sunset review
                                               Tariff Act of 1930, as amended (the                                                                           International Trade Administration
                                                                                                       are DAK Americas, LLC, Nan Ya Plastics
                                               Act).2 On February 16, 2016, Commerce                   Corporation, America and Auriga Polymers Inc.         [Application No. 99–12A05]
                                               received a timely notice of intent to                     5 See Substantive Response.

                                               participate in the sunset review from the                 6 See Letter to the ITC from Commerce, ‘‘Sunset     Export Trade Certificate of Review
                                                                                                       Reviews Initiated in September 2017,’’ dated
                                               domestic producers, pursuant to 19 CFR                  November 15, 2017. In this letter, we stated that     ACTION:Notice of issuance of an
                                               351.218(d)(1)(i).3 The domestic                         based on the lack of an adequate response in the      amended Export Trade Certificate of
                                               producers in this sunset review claimed                 sunset review from any respondent party,
                                                                                                       {Commerce} is conducting an expedited (120-day)       Review to California Almond Export
                                               interested party status under section
                                                                                                       sunset review consistent with section 751(c)(3)(B)    Association, LLC (CAEA), Application
                                               771(9)(C) of the Act, as producers of the               of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). See    No. 99–12A05.
                                                                                                       also Procedures for Conducting Five-year (Sunset)
                                                  1 See Notice of Antidumping Duty Order: Certain
                                                                                                       Reviews of Antidumping and Countervailing Duty        SUMMARY:   The Secretary of Commerce,
                                               Polyester Staple Fiber from the People’s Republic of    Orders, 63 FR 13516, 13519 (March 20, 1998)           through the Office of Trade and
daltland on DSKBBV9HB2PROD with NOTICES




                                               China, 72 FR 30545 (June 1, 2007) (Order).              (Commerce normally will conduct an expedited
                                                  2 See Antidumping or Countervailing Duty Order,      sunset review where respondent interested parties     Economic Analysis (OTEA), issued an
                                               Finding, or Suspended Investigation; Advance            provide an inadequate response).                      amended Export Trade Certificate of
                                               Notification of Sunset Reviews, 82 FR 42078               7 See ‘‘Issues and Decision Memorandum for the      Review to CAEA on February 9, 2018.
                                               (September 6, 2017).                                    Final Results of the Expedited Sunset Review of the   A previous amended Export Trade
                                                  3 See letter from the domestic producers,            Antidumping Duty Order on Certain Polyester
                                               ‘‘Polyester Staple Fiber from China—Petitioners’        Staple Fiber from the People’s Republic of China,’’
                                                                                                                                                             Certificate of Review was issued to
                                               Notice of Intent to Participate,’’ dated September      dated concurrently with this notice (Issues and       CAEA on June 12, 2017, and a notice of
                                               21, 2017.                                               Decision Memorandum).                                 its issuance was published in the


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Document Created: 2018-02-23 01:32:24
Document Modified: 2018-02-23 01:32:24
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 February 23, 2018.
ContactPaul Walker, Enforcement and Compliance, Office V, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0238.
FR Citation83 FR 8052 

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