Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2012-2013, 4542-4544 [2015-01601]
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4542
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices
November 25, 2014, respectively, Dalla
Costa and Pasta Lensi timely withdrew
their respective requests for a review.3
countervailing duties occurred and the
subsequent increase in the amount of
antidumping duties assessed.
Partial Rescission of the 2013–2014
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the parties
that requested a review withdraw the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. The Department
initiated the instant review on August
29, 2014.4 Dalla Costa and Pasta Lensi
withdrew their requests for a review on
October 10, 2014 and November 25,
2014, respectively, which is within the
90-day deadline. No other party
requested an administrative review of
these particular companies. Therefore,
in accordance with 19 CFR
351.213(d)(1), we are rescinding this
review of the antidumping duty order
on certain pasta from Italy, in part, with
respect to Dalla Costa and Pasta Lensi.
The instant review will continue with
respect to Andalini, Delverde, La
Molisana, and Rummo.
Notification Regarding Administrative
Protective Order
Assessment
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded, Dalla
Costa and Pasta Lensi, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, during the period July
1, 2013, through June 30, 2014, in
accordance with 19 CFR
351.212(c)(1)(i).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping and/or
3 See Letter from Dalla Costa to the Department,
‘‘Antidumping Duty Administrative Review of
Ce1tain Pasta from Italy: Withdrawal of Review
Request for Administrative Review of Dalla Costa
Alimentare SRL,’’ dated October 10, 2014; Letter
from Pasta Lensi to the Department, ‘‘Pasta from
Italy: Withdrawal of Request for Administrative
Review,’’ dated November 25, 2014.
4 See Initiation Notice.
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16:41 Jan 27, 2015
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This notice serves as a final reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/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 notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: January 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–01586 Filed 1–27–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–905]
Certain Polyester Staple Fiber From
the People’s Republic of China: Final
Results of the Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 25, 2014, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the Preliminary Results
of the sixth administrative review of the
antidumping duty order on certain
polyester staple fiber (‘‘PSF’’) from the
People’s Republic of China (‘‘PRC’’).1
We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for the final
results.
AGENCY:
1 See Certain Polyester Staple Fiber from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review;
2012–2013 (July 25, 2014) (‘‘Preliminary Results’’)
and accompanying Decision Memorandum.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0116.
SUPPLEMENTARY INFORMATION:
Background
On July 23, 2014, DAK Americas LLC
(‘‘Petitioner’’) filed comments regarding
ministerial errors.2 On July 25, 2014, the
Department published the Preliminary
Results.3 On October 21, 2014,
Petitioner and Takayasu Industrial
(Jiangyin) Co., Ltd. (‘‘Takayasu’’)
submitted case briefs. On October 28,
2014, Petitioner and Takayasu
submitted rebuttal briefs. On October
30, 2014, the Department fully extended
the final results to January 21, 2015.4 On
November 5, 2014, Takayasu submitted
a redacted rebuttal brief per the
Department’s request.
Scope of the Order
The merchandise subject to the order
is certain polyester staple fiber. The
product is currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) numbers
5503.20.0045 and 5503.20.0065.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written description of the
scope of the order, which is contained
in the accompanying Issues and
Decision Memorandum (‘‘I&D Memo’’)
is dispositive.5
2 See Sixth Administrative Review of Polyester
Staple Fiber from the People’s Republic of China—
Preliminary Results Clerical Error Allegation, dated
July 23, 2014. The Department notes that ‘‘Polyester
Staple Fiberfill’’ is a misidentification of the
proceeding. The Department has corrected this
reference throughout this document to the name:
‘‘Polyester Staple Fiber.’’
3 See Preliminary Results.
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Steven
Hampton, International Trade Compliance Analyst,
Office V, Antidumping and Countervailing Duty
Operations regarding Certain Polyester Staple Fiber
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review, dated October 30, 2014.
5 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding Certain Polyester Staple Fiber from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of the 2012–
2013 Administrative Review issued concurrently
with this notice for a complete description of the
Scope of the Order (‘‘I&D Memo’’).
E:\FR\FM\28JAN1.SGM
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Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
reviews are addressed in the I&D Memo.
A list of the issues which parties raised
is attached to this notice as an
appendix. The I&D Memo is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room 7046 of
the main Department of Commerce
building, as well as electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).6 ACCESS is available to
registered users at https://
access.trade.gov and in the CRU. In
addition, a complete version of the I&D
Memo can be accessed directly on the
internet at https://enforcement.trade.gov/
frn/. The signed I&D Memo
and the electronic versions of the I&D
Memo are identical in content.
• We revised the calculation of
surrogate freight costs by applying the
corrected distances capped at the
distance to the closest port.12
• We amended the formula to
calculate freight expenses.13
• We calculated international freight
movement charges using route-specific
freight quotes from MAERSK.14
• We added a VAT variable to the
U.S. Sales dataset to allow the program
to automatically calculate VAT tax
deductions using the Department’s
default methodology.15
Final Results of Review
The Department determines that the
following weighted-average dumping
margin exists for the period June 1,
2012, through May 31, 2013:
Weightedaverage
dumping
margin
(percent)
Exporter
Changes Since the Preliminary Results
mstockstill on DSK4VPTVN1PROD with NOTICES
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, and for the reasons explained in
the I&D Memo, the Department has
made the following changes to the
margin calculation:
• We revised the calculation of
surrogate financial ratios using the
financial statements of Angtai Co., Ltd.
and Compass Corporation Co., Ltd.7
• We based the surrogate value for
PET Flakes on Thai import statistics
recorded in Global Trade Atlas using the
product-specific subcategory under the
Thai Harmonized Tariff Schedule.8
• We included all of the direct
materials that Takayasu reported as
market-economy purchases and the total
freight cost of these purchases in the
margin calculation.9
• We revised the inland freight
calculation to apply the surrogate value
for export movement to the distances
reported under foreign inland freight.10
• We deducted market-economy
brokerage and handling expenses from
the calculation of total international
movement charges.11
6 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
7 See I&D Memo, at Comment 1.
8 Id., at Comment 2.
9 Id., at Comment 8A.
10 Id., at Comment 8B.
11 Id., at Comment 8C.
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16:41 Jan 27, 2015
Jkt 235001
Takayasu Industrial
(Jiangyin) Co., Ltd .............
42.36
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
Where the respondent reported
reliable entered values, we calculated
importer (or customer)-specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).16 Where the
Department calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, the Department will direct
CBP to assess importer-specific
assessment rates based on the resulting
per-unit rates.17 Where an importer- (or
customer-) specific ad valorem or perunit rate is greater than de minimis, the
Department will instruct CBP to collect
at Comment 9A.
at Comment 9B.
14 Id., at Comment 9C.
15 Id., at Comment 9D.
16 See 19 CFR 351.212(b)(1).
17 Id.
4543
the appropriate duties at the time of
liquidation.18 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.19
The Department announced a
refinement to its assessment practice in
non-market economy cases. Pursuant to
this refinement in practice, for entries
that were not reported in the U.S. sales
databases submitted by the company
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
PRC-Wide rate. Additionally, if the
Department determines that an exporter
had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-Wide rate.20
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporter listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-Wide rate of 44.30 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. The deposit requirements
shall remain in effect until further
notice.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
12 Id.,
13 Id.,
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Frm 00015
Fmt 4703
Sfmt 4703
18 Id.
19 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
20 See
E:\FR\FM\28JAN1.SGM
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4544
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices
this proceeding in accordance with 19
CFR 351.224(b).
D. VAT Offset
Recommendation
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
[FR Doc. 2015–01601 Filed 1–27–15; 8:45 am]
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/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.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix I—Issues and Decision
Memorandum
List of Topics Discussed in the Final
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Value for PET Chips
& PET Flakes
Comment 3: Surrogate Value for Truck
Freight
Comment 4: Surrogate Value for Brokerage
& Handling
Comment 5: Surrogate Value for Labor
Comment 6: Value Added Tax
Comment 7: Appropriate Comparison
Method
Comment 8: Ministerial Errors
A. Direct Materials
B. Foreign Inland Freight
C. U.S. Brokerage and Handling
Comment 9: Programming Errors
A. Freight Charges—Raw Materials
B. Domestic Movement
C. International Movement
VerDate Sep<11>2014
16:41 Jan 27, 2015
Jkt 235001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Preliminary Intent to Rescind
Antidumping Duty New Shipper
Reviews; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting new
shipper reviews of the antidumping
duty order on certain frozen fish fillets
(‘‘fish fillets’’) from the Socialist
Republic of Vietnam (‘‘Vietnam’’). The
period of review is August 1, 2013,
through January 31, 2014. The review
covers two companies that are
producers and exporters of subject
merchandise, Nam Phuong Seafood Co.,
Ltd. (‘‘Nam Phuong’’) and NTACO
Corporation (‘‘NTACO’’). The
Department preliminarily determines
that Nam Phuong’s and NTACO’s sales
to the United States were not bona fide
and is preliminarily rescinding these
new shipper reviews. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey (Nam Phuong) or
Steven Hampton (NTACO), AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2312 or (202) 482–
0116, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 3, 2014, the Department
published notice of initiation of new
shipper reviews of fish fillets from
Vietnam for the period August 1, 2013,
through January 31, 2014.1 On August
20, 2014, the Department partially
extended the deadline for issuing the
preliminary results by 60 days.2 On
1 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Initiation of
Antidumping Duty New Shipper Reviews; 2013–
2014, 79 FR 18666 (April 3, 2014).
2 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
October 29, 2014, the Department fully
extended the deadline for issuing the
preliminary results by an additional 60
days.3 The revised deadline for the
preliminary results of these new shipper
reviews is January 20, 2015.4
Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius)
and Pangasius Micronemus. These
products are classifiable under tariff
article codes 0304.29.6033,
0304.62.0020, 0305.59.0000,
0305.59.4000, 1604.19.2000,
1604.19.2100, 1604.19.3000,
1604.19.3100, 1604.19.4000,
1604.19.4100, 1604.19.5000,
1604.19.5100, 1604.19.6100 and
1604.19.8100 (Frozen Fish Fillets of the
species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).5
Although the HTSUS subheading is
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.6
Operations, through James C. Doyle, Director, Office
V, Antidumping and Countervailing Duty
Operations, from Steven Hampton, International
Trade Compliance Analyst, Office V, Antidumping
and Countervailing Duty Operations, regarding
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty New
Shipper Reviews of Nam Phuong Seafood Co., Ltd.
and NTACO Corporation, dated August 20, 2014.
3 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Steven
Hampton, International Trade Compliance Analyst,
Office V, Antidumping and Countervailing Duty
Operations regarding Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Full
Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Reviews of Nam
Phuong Seafood Co., Ltd. and NTACO Corporation,
dated October 29, 2014.
4 Id.
5 Until July 1, 2004, these products were
classifiable under HTSUS 0304.20.6030 (Frozen
Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,
NESOI), 0304.20.6043 (Frozen Freshwater Fish
Fillets) and 0304.20.6057 (Frozen Sole Fillets).
Until February 1, 2007, these products were
classifiable under HTSUS 0304.20.6033 (Frozen
Fish Fillets of the species Pangasius, including basa
and tra). On March 2, 2011, the Department added
two HTSUS numbers at the request of U.S. Customs
and Border Protection (‘‘CBP’’): 1604.19.2000 and
1604 19.3000. On January 30, 2012, the Department
added eight HTSUS numbers at the request of CBP:
0304.62.0020, 0305.59.0000, 1604.19.2100,
1604.19.3100, 1604.19.4100, 1604.19.5100,
1604.19.6100 and 1604.19.8100.
6 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty New Shipper
Reviews: Certain Frozen Fish Fillets From the
Socialist’s Republic of Vietnam’’ from Gary
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4542-4544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01601]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Final Results of the Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 25, 2014, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the sixth
administrative review of the antidumping duty order on certain
polyester staple fiber (``PSF'') from the People's Republic of China
(``PRC'').\1\ We gave interested parties an opportunity to comment on
the Preliminary Results. Based upon our analysis of the comments and
information received, we made changes to the margin calculations for
the final results.
---------------------------------------------------------------------------
\1\ See Certain Polyester Staple Fiber from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review; 2012-2013 (July 25, 2014) (``Preliminary
Results'') and accompanying Decision Memorandum.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
---------------------------------------------------------------------------
Avenue NW., Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
Background
On July 23, 2014, DAK Americas LLC (``Petitioner'') filed comments
regarding ministerial errors.\2\ On July 25, 2014, the Department
published the Preliminary Results.\3\ On October 21, 2014, Petitioner
and Takayasu Industrial (Jiangyin) Co., Ltd. (``Takayasu'') submitted
case briefs. On October 28, 2014, Petitioner and Takayasu submitted
rebuttal briefs. On October 30, 2014, the Department fully extended the
final results to January 21, 2015.\4\ On November 5, 2014, Takayasu
submitted a redacted rebuttal brief per the Department's request.
---------------------------------------------------------------------------
\2\ See Sixth Administrative Review of Polyester Staple Fiber
from the People's Republic of China--Preliminary Results Clerical
Error Allegation, dated July 23, 2014. The Department notes that
``Polyester Staple Fiberfill'' is a misidentification of the
proceeding. The Department has corrected this reference throughout
this document to the name: ``Polyester Staple Fiber.''
\3\ See Preliminary Results.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Steven Hampton, International
Trade Compliance Analyst, Office V, Antidumping and Countervailing
Duty Operations regarding Certain Polyester Staple Fiber from the
People's Republic of China: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review, dated October 30, 2014.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain polyester staple
fiber. The product is currently classified under the Harmonized Tariff
Schedule of the United States (``HTSUS'') numbers 5503.20.0045 and
5503.20.0065. Although the HTSUS numbers are provided for convenience
and customs purposes, the written description of the scope of the
order, which is contained in the accompanying Issues and Decision
Memorandum (``I&D Memo'') is dispositive.\5\
---------------------------------------------------------------------------
\5\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding Certain Polyester Staple Fiber from the People's Republic
of China: Issues and Decision Memorandum for the Final Results of
the 2012-2013 Administrative Review issued concurrently with this
notice for a complete description of the Scope of the Order (``I&D
Memo'').
---------------------------------------------------------------------------
[[Page 4543]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these reviews are addressed in the I&D Memo. A list of the issues which
parties raised is attached to this notice as an appendix. The I&D Memo
is a public document and is on file in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building, as
well as electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System
(``ACCESS'').\6\ ACCESS is available to registered users at https://access.trade.gov and in the CRU. In addition, a complete version of the
I&D Memo can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed I&D Memo and the
electronic versions of the I&D Memo are identical in content.
---------------------------------------------------------------------------
\6\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and for the
reasons explained in the I&D Memo, the Department has made the
following changes to the margin calculation:
We revised the calculation of surrogate financial ratios
using the financial statements of Angtai Co., Ltd. and Compass
Corporation Co., Ltd.\7\
---------------------------------------------------------------------------
\7\ See I&D Memo, at Comment 1.
---------------------------------------------------------------------------
We based the surrogate value for PET Flakes on Thai import
statistics recorded in Global Trade Atlas using the product-specific
subcategory under the Thai Harmonized Tariff Schedule.\8\
---------------------------------------------------------------------------
\8\ Id., at Comment 2.
---------------------------------------------------------------------------
We included all of the direct materials that Takayasu
reported as market-economy purchases and the total freight cost of
these purchases in the margin calculation.\9\
---------------------------------------------------------------------------
\9\ Id., at Comment 8A.
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We revised the inland freight calculation to apply the
surrogate value for export movement to the distances reported under
foreign inland freight.\10\
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\10\ Id., at Comment 8B.
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We deducted market-economy brokerage and handling expenses
from the calculation of total international movement charges.\11\
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\11\ Id., at Comment 8C.
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We revised the calculation of surrogate freight costs by
applying the corrected distances capped at the distance to the closest
port.\12\
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\12\ Id., at Comment 9A.
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We amended the formula to calculate freight expenses.\13\
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\13\ Id., at Comment 9B.
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We calculated international freight movement charges using
route-specific freight quotes from MAERSK.\14\
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\14\ Id., at Comment 9C.
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We added a VAT variable to the U.S. Sales dataset to allow
the program to automatically calculate VAT tax deductions using the
Department's default methodology.\15\
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\15\ Id., at Comment 9D.
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Final Results of Review
The Department determines that the following weighted-average
dumping margin exists for the period June 1, 2012, through May 31,
2013:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter margin
(percent)
------------------------------------------------------------------------
Takayasu Industrial (Jiangyin) Co., Ltd................ 42.36
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
Where the respondent reported reliable entered values, we
calculated importer (or customer)-specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\16\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party by the total
sales quantity associated with those transactions, the Department will
direct CBP to assess importer-specific assessment rates based on the
resulting per-unit rates.\17\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis, the
Department will instruct CBP to collect the appropriate duties at the
time of liquidation.\18\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\19\
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\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ Id.
\19\ See 19 CFR 351.106(c)(2).
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The Department announced a refinement to its assessment practice in
non-market economy cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
the company individually examined during this review, the Department
will instruct CBP to liquidate such entries at the PRC-Wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-Wide rate.\20\
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\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-Wide rate of 44.30 percent;
and (4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporters that supplied that non-PRC exporter.
The deposit requirements shall remain in effect until further notice.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in
[[Page 4544]]
this proceeding in accordance with 19 CFR 351.224(b).
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Issues and Decision Memorandum
List of Topics Discussed in the Final Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Value for PET Chips & PET Flakes
Comment 3: Surrogate Value for Truck Freight
Comment 4: Surrogate Value for Brokerage & Handling
Comment 5: Surrogate Value for Labor
Comment 6: Value Added Tax
Comment 7: Appropriate Comparison Method
Comment 8: Ministerial Errors
A. Direct Materials
B. Foreign Inland Freight
C. U.S. Brokerage and Handling
Comment 9: Programming Errors
A. Freight Charges--Raw Materials
B. Domestic Movement
C. International Movement
D. VAT Offset
Recommendation
[FR Doc. 2015-01601 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P
