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]
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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entered, or withdrawn from warehouse,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]
-----------------------------------------------------------------------
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'').
---------------------------------------------------------------------------
[[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
