Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2013-2014, 4613-4614 [2016-01646]

Download as PDF Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices the multilayered wood flooring was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.7 The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries and confirmed that Keri Wood and Simite Wooden’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also confirmed by examining CBP data that Keri Wood and Simite Wooden entries were made during the POR specified by the Department’s regulations.8 Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper reviews of Keri Wood and Simite Wooden is December 1, 2014, through November 30, 2015. asabaliauskas on DSK5VPTVN1PROD with NOTICES Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that the requests submitted by Keri Wood and Simite Wooden meet the threshold requirements for initiation of new shipper reviews for the shipments of multilayered wood flooring from the PRC produced and exported by these companies.9 However, if the information supplied by Keri Wood and Simite Wooden is later found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on record. Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish the notice 7 See Keri Wood Initiation Request at Exhibit 1; see also Simite Wooden Initiation Request at Exhibit Req-1. 8 See January 15, 2016, Memoranda to the File, regarding ‘‘U.S. Customs and Border Protection Data’’ for Keri Wood and Simite Wooden; see also Memorandum to the File entitled, ‘‘Initiation of Antidumping New Shipper Review of Multilayered Wood Flooring from the People’s Republic of China: Jiangsu Keri Wood Co., Ltd. (‘‘Keri Wood Initiation Checklist’’) dated concurrently with this notice; Memorandum to the File entitled, ‘‘Initiation of Antidumping New Shipper Review of Multilayered Wood Flooring from the People’s Republic of China: Zhejiang Simite Wooden Co., Ltd.’’ (‘‘Simite Wooden Initiation Checklist’’) dated concurrently with this notice. As noted in the Simite Wooden Initiation Checklist, the Department is seeking additional information regarding the entry forming the basis for Simite Wooden’s new shipper review. 9 See Keri Wood Initiation Checklist; see also Simite Wooden Initiation Checklist. VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 of initiation of a new shipper review no later than the last day of the month following the anniversary or semiannual anniversary month of the order. The Department intends to issue the preliminary results of these new shipper reviews no later than 180 days from the date of initiation, and the final results no later than 90 days from the issuance of the preliminary results.10 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an AD rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue questionnaires to Keri Wood and Simite Wooden which will include a section requesting information with regard to these companies’ export activities for separate rates purposes. The review of each exporter will proceed if the response provides sufficient indication that it is not subject to either de jure or de facto government control with respect to its export of subject merchandise. We will instruct CBP to allow, at the option of the importer, the posting of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Keri Wood and Simite Wooden, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Keri Wood and Simite Wooden claimed that they produced and exported the subject merchandise, the Department will apply the bonding privilege only for subject merchandise that the respondent both produced and exported. To assist in its analysis of the bona fides of Keri Wood and Simite Wooden sales, upon initiation of this new shipper review, the Department will require Keri Wood and Simite Wooden to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in these new shipper reviews should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). 10 See PO 00000 Dated: January 21, 2016. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–01644 Filed 1–26–16; 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; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) has conducted an administrative review of the antidumping duty order on certain polyester staple fiber from the People’s Republic of China (‘‘PRC’’), for the period of review (‘‘POR’’), June 1, 2013, to May 31, 2014. On July 22, 2015, the Department published the preliminary results of this review, and received no comments from interested parties. Therefore, the final results do not differ from the preliminary results. The Department continues to determine that Zhaoqing Tifo New Fibre Co., Ltd. (‘‘Zhaoqing Tifo’’) failed to establish its eligibility for a separate rate for the POR, and thus, is a part of the PRC-wide entity, and that Takayasu Industrial (Jiangyin) Co., Ltd. (‘‘Takayasu’’) had no reviewable entries during the POR. DATES: Effective Date: January 27, 2016. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone, 202.482.2243. SUPPLEMENTARY INFORMATION: AGENCY: 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 remains dispositive.1 1 For a full description of the scope, see Decision Memorandum from Christian Marsh, Deputy section 751(a)(2)(B)(iv) of the Act. Frm 00006 Fmt 4703 Sfmt 4703 4613 E:\FR\FM\27JAN1.SGM Continued 27JAN1 4614 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices Background liquidate Takayasu’s sample entry without regard to antidumping duties. On July 22, 2015, the Department published the Preliminary Results of this administrative review.2 On November 17, 2015, we extended the final results to January 18, 2016.3 No party submitted comments on the Preliminary Results. Final Results of Review A. Takayasu asabaliauskas on DSK5VPTVN1PROD with NOTICES As noted in the Preliminary Results, Takayasu submitted a no-shipment letter which stated that it only had one entry of subject merchandise during the POR, which was a sample sale.4 For these final results, because the record contains no evidence to the contrary, we continue to find Takayasu’s single entry constitutes a sample shipment that lacked consideration, and thus Takayasu did not have any reviewable transactions during the POR. Consistent with the Department’s assessment practice in non-market economy (‘‘NME’’) cases,5 where a respondent has no entries during the period of review, it is appropriate not to rescind the review in part in this circumstance but, rather, to complete the review with respect to that respondent and issue appropriate instructions to CBP based on the final results of the review.6 Accordingly, the Department has completed the review with respect to Takayasu and will issue appropriate instructions to CBP based on the final results of the review.7 For the final results, we will instruct CBP to Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Preliminary Results of 2013–2014 Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from the People’s Republic of China,’’ dated June 30, 2015 (‘‘Preliminary Decision Memorandum’’). 2 See Certain Polyester Staple Fiber from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2013–2014, 80 FR 43392 (July 22, 2015) (‘‘Preliminary Results’’). 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary, through James Doyle, Office Director, from Javier Barrientos, Case Analyst, ‘‘Polyester Staple Fiber from the People’s Republic of China: Extension of Deadline for the Final Results of Antidumping Duty Administrative Review,’’ dated November 17, 2015. 4 See Preliminary Decision Memorandum at 4–5; see also Takayasu’s September 29, 2014 submission. 5 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘NME Reseller Policy’’). 6 See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Final Results and Final Rescission, In Part, of Administrative Review and Final Results of New Shipper Review; 2013, 80 FR 34619 (June 17, 2015). 7 See NME Reseller Policy. VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 B. Zhaoqing Tifo As noted in the Preliminary Results, Zhaoqing Tifo did not respond to the antidumping duty questionnaire and failed to establish its eligibility for a separate rate.8 As such, consistent with the Department’s practice regarding conditional review of the PRC-wide entity,9 we determine that Zhaoqing Tifo remains part of the PRC-wide entity. Under this practice, the PRCwide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity, the entity is not under review and the entity’s rate is not subject to change. Therefore, for the final results, we will instruct CBP to liquidate Zhaoqing Tifo’s entries at the rate previously established for the PRC-wide entity, 44.30 percent. exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order Assessment Rates Because Takayasu was found to have no reviewable transactions, and because Zhaoqing Tifo did not respond to the antidumping duty questionnaire, and is thus a part of the PRC-wide entity, we have not calculated any assessment (or cash deposit) rates in this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the ‘‘Act’’): (1) For previously investigated or reviewed PRC and nonPRC exporters that received a separate rate in a prior completed segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity, which is 44.30 percent; and (3) for all non-PRC Notification to Interested Parties 8 See Preliminary Decision Memorandum at 4. Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). 9 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 15, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–01646 Filed 1–26–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Intent To Grant Exclusive License National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of intent. AGENCY: Notice is hereby given that the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), intends to SUMMARY: E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4613-4614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01646]


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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 the Antidumping Duty Administrative Review; 
2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has conducted 
an administrative review of the antidumping duty order on certain 
polyester staple fiber from the People's Republic of China (``PRC''), 
for the period of review (``POR''), June 1, 2013, to May 31, 2014. On 
July 22, 2015, the Department published the preliminary results of this 
review, and received no comments from interested parties. Therefore, 
the final results do not differ from the preliminary results. The 
Department continues to determine that Zhaoqing Tifo New Fibre Co., 
Ltd. (``Zhaoqing Tifo'') failed to establish its eligibility for a 
separate rate for the POR, and thus, is a part of the PRC-wide entity, 
and that Takayasu Industrial (Jiangyin) Co., Ltd. (``Takayasu'') had no 
reviewable entries during the POR.

DATES: Effective Date: January 27, 2016.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone, 202.482.2243.

SUPPLEMENTARY INFORMATION: 

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 
remains dispositive.\1\
---------------------------------------------------------------------------

    \1\ For a full description of the scope, see Decision Memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Preliminary Results of 2013-2014 
Antidumping Duty Administrative Review: Certain Polyester Staple 
Fiber from the People's Republic of China,'' dated June 30, 2015 
(``Preliminary Decision Memorandum'').

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[[Page 4614]]

Background

    On July 22, 2015, the Department published the Preliminary Results 
of this administrative review.\2\ On November 17, 2015, we extended the 
final results to January 18, 2016.\3\ No party submitted comments on 
the Preliminary Results.
---------------------------------------------------------------------------

    \2\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 43392 (July 22, 2015) 
(``Preliminary Results'').
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, through James Doyle, Office Director, from Javier 
Barrientos, Case Analyst, ``Polyester Staple Fiber from the People's 
Republic of China: Extension of Deadline for the Final Results of 
Antidumping Duty Administrative Review,'' dated November 17, 2015.
---------------------------------------------------------------------------

Final Results of Review

A. Takayasu

    As noted in the Preliminary Results, Takayasu submitted a no-
shipment letter which stated that it only had one entry of subject 
merchandise during the POR, which was a sample sale.\4\ For these final 
results, because the record contains no evidence to the contrary, we 
continue to find Takayasu's single entry constitutes a sample shipment 
that lacked consideration, and thus Takayasu did not have any 
reviewable transactions during the POR.
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum at 4-5; see also 
Takayasu's September 29, 2014 submission.
---------------------------------------------------------------------------

    Consistent with the Department's assessment practice in non-market 
economy (``NME'') cases,\5\ where a respondent has no entries during 
the period of review, it is appropriate not to rescind the review in 
part in this circumstance but, rather, to complete the review with 
respect to that respondent and issue appropriate instructions to CBP 
based on the final results of the review.\6\ Accordingly, the 
Department has completed the review with respect to Takayasu and will 
issue appropriate instructions to CBP based on the final results of the 
review.\7\ For the final results, we will instruct CBP to liquidate 
Takayasu's sample entry without regard to antidumping duties.
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Reseller Policy'').
    \6\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
    \7\ See NME Reseller Policy.
---------------------------------------------------------------------------

B. Zhaoqing Tifo

    As noted in the Preliminary Results, Zhaoqing Tifo did not respond 
to the antidumping duty questionnaire and failed to establish its 
eligibility for a separate rate.\8\ As such, consistent with the 
Department's practice regarding conditional review of the PRC-wide 
entity,\9\ we determine that Zhaoqing Tifo remains part of the PRC-wide 
entity. Under this practice, the PRC-wide entity will not be under 
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a review 
of the PRC-wide entity, the entity is not under review and the entity's 
rate is not subject to change. Therefore, for the final results, we 
will instruct CBP to liquidate Zhaoqing Tifo's entries at the rate 
previously established for the PRC-wide entity, 44.30 percent.
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum at 4.
    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
---------------------------------------------------------------------------

Assessment Rates

    Because Takayasu was found to have no reviewable transactions, and 
because Zhaoqing Tifo did not respond to the antidumping duty 
questionnaire, and is thus a part of the PRC-wide entity, we have not 
calculated any assessment (or cash deposit) rates in this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the 
``Act''): (1) For previously investigated or reviewed PRC and non-PRC 
exporters that received a separate rate in a prior completed segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity, which is 
44.30 percent; and (3) 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 exporter that supplied that non-PRC 
exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-01646 Filed 1-26-16; 8:45 am]
 BILLING CODE 3510-DS-P