Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of Expedited Sunset Review of the Antidumping Duty Orders, 92783-92784 [2016-30625]

Download as PDF Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices Manufacturing Corporation, Ltd. 114. Top-Wok Metal Co., Ltd. 115. Traffic Brick Network, LLC 116. Union Industry (Asia) Co., Ltd. 117. USA Worldwide Door Components (Pinghu) Co., Ltd. 118. Wenzhou Shengbo Decoration & Hardware 119. Whirlpool (Guangdong) 120. WTI Building Products, Ltd. 121. Xin Wei Aluminum Co.30 122. Xin Wei Aluminum Company Limited31 123. Xinya Aluminum & Stainless Steel Product Co., Ltd. 124. Yongji Guanghai Aluminium Industry Co., Ltd.32 125. Zahoqing China Square Industry Limited/Zhaoqing China Square Industry Limited 126. Zhaoqing Asia Aluminum Factory Company Ltd. 127. Zhaoqing China Square Industrial Ltd. 128. Zhejiang Anji Xinxiang Aluminum Co., Ltd. 129. Zhejiang Yongkang Listar Aluminum Industry Co., Ltd. 130. Zhejiang Zhengte Group Co., Ltd. 131. Zhenjiang Xinlong Group Co., Ltd. 132. Zhongshan Daya Hardware Co., Ltd. 133. Zhongshan Gold Mountain Aluminum Factory Ltd. 134. Zhuhai Runxingtai Electrical Equipment Co., Ltd. [FR Doc. 2016–30581 Filed 12–19–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–839, A–583–833] Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of Expedited Sunset Review of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the antidumping duty order (AD) orders on certain cased polyester staple fiber from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective December 20, 2016. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD mstockstill on DSK3G9T082PROD with NOTICES AGENCY: 30 No shipments company. 31 No shipments company. 32 In the third administrative review, the role of this company was that of an input supplier. Absent information to the contrary placed on the record of this administrative review, we are treating this company as an input supplier, and are, therefore, rescinding the review of this company. VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. SUPPLEMENTARY INFORMATION: Background On August 1, 2016, the Department initiated a sunset review of the AD Orders 1 on certain polyester staple fiber from Korea and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Auriga Polymers Inc. (Auriga), DAK Americas, LLC (DAK Americas), and Nan Ya Plastics Corporation, America (Nan Ya America) notified the Department of their intent to participate in both sunset reviews as domestic interested parties on August 12, 2016, pursuant to 19 CFR 351.218(d)(1)(i).3 Each of these companies claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product. On August 31, 2016, the Department received a collective substantive response from Auriga, DAK Americas, and Nan Ya America, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 The Department did not receive a substantive response from any respondent interested party to the sunset proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of these AD Orders, pursuant to 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Polyester Staple Fiber From the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber From the Republic of Korea and Taiwan, 65 FR 33807, 33808 (May 25, 2000); see also Certain Polyester Staple Fiber from Korea: Notice of Amended Final Determination and Amended Order Pursuant to Final Court Decision, 68 FR 74552, 74553 (December, 24, 2003) (AD Orders). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 50462 (August 1, 2016). 3 See letter from Auriga, DAK Americas, LLC, and Nan Ya America, re: ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order on Polyester Staple Fiber From the Republic of Korea—Notice of Intent to Participate,’’ dated August 12, 2016; see also letter from Auriga, DAK Americas, and Nan Ya America, re: ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order on Polyester Staple Fiber From Taiwan—Notice of Intent to Participate,’’ dated August 12, 2016. 4 See letter from Auriga, DAK Americas, LLC, and Nan Ya America, re: ‘‘Five-Year Sunset Review of Antidumping Duty Order on Polyester Staple Fiber From the Republic of Korea—Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated August 31, 2016; see also letter from Auriga, DAK Americas, and Nan Ya America, re: ‘‘Five-Year Sunset Review of Antidumping Duty Order on Polyester Staple Fiber From Taiwan— Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated August 31, 2016. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 92783 section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(C)(2). Scope of the Orders Imports covered by the orders are defined as 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 subject to the order may be coated, usually with a silicon, or other finish, or not coated. Polyester staple fiber is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. Merchandise of less than 3.3 decitex (less than 3 denier) currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 5503.20.00.25 is specifically excluded from the order. Also, specifically excluded from the order are polyester staple fibers of 10 to18 denier that are cut to lengths of 6 to 8 inches (fibers used in the manufacture of carpeting). In addition, low-melt polyester staple fiber is excluded from the order. Low-melt polyester staple fiber is defined as a bicomponent fiber with an outer sheath that melts at a significantly lower temperature than its inner core. The merchandise subject to the order is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the merchandise covered by the scope of the order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is dated concurrently with this notice.5 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 AD Orders were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and 5 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Five-Year Sunset Review of the Antidumping Duty Orders on Certain Polyester Staple Fiber from the Republic of Korea and Taiwan,’’ dated November 29, 2016. E:\FR\FM\20DEN1.SGM 20DEN1 92784 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. A list of topics discussed in the Issues and Decision Memorandum is included as an Appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. mstockstill on DSK3G9T082PROD with NOTICES Jkt 241001 I. Summary II. History of the Order III. Background IV. Scope of the Order V. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VI. Final Results of Review VII. Recommendation [FR Doc. 2016–30625 Filed 12–19–16; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to an 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. Timely 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. We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. 19:36 Dec 19, 2016 Appendix—List of Topics Discussed in the Issues and Decision Memorandum BILLING CODE 3510–DS–P Final Results of Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the AD Orders on certain staple fiber from Korea and Taiwan would be likely to lead to continuation or recurrence of dumping at weighted-average percent margins up to 7.48 percent and 9.90 percent, respectively. VerDate Sep<11>2014 Dated: November 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Certain Cased Pencils From the People’s Republic of China: Amended Final Results of Antidumping Duty New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is amending the final results of the new shipper review (NSR) of the antidumping duty order on certain cased pencils from the People’s Republic of China (PRC) to correct ministerial errors. The Department has reviewed Wah Yuen’s allegation and determined that there were errors in the calculation of Wah Yuen’s weightedaverage dumping margin. DATES: Effective December 20, 2016. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, AGENCY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. SUPPLEMENTARY INFORMATION: Background On October 27, 2016, the Department published the final results of the NSR of the antidumping duty order on certain cased pencils from the PRC. The review covers Wah Yuen Stationery Co., Ltd. and its affiliate, Shandong Wah Yuen Stationery Co., Ltd. (collectively, Wah Yuen) for the period of review (POR) December 1, 2014, through May 31, 2015. On October 28, 2016, Wah Yuen filed an allegation that the Department’s calculation of the margin for Wah Yuen contained ministerial errors. In its ministerial error comments, Wah Yuen alleged that the Department erred in its calculation of the extended values for alkyd resin and acrylic resin. Wah Yuen argued that the Department calculated the freight component of the two input values incorrectly because it omitted the factors of production variable in both calculations. The Department reviewed the allegation and revised the calculation of the two inputs by multiplying the freight component for each input by the respective factor of production variable.1 Amended Final Results The corrected weighted-average dumping margin for Wah Yuen is as follows: 1 See Memorandum to The File From Mary Kolberg, International Trade Analyst, re: ‘‘Analysis for the Amended Final Results of the Antidumping Duty New Shipper Review of Certain Cased Pencils from the People’s Republic of China,’’ dated October 31, 2016. E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92783-92784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


Certain Polyester Staple Fiber From the Republic of Korea and 
Taiwan: Final Results of Expedited Sunset Review of the Antidumping 
Duty Orders

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the antidumping duty order (AD) orders on certain cased 
polyester staple fiber from the Republic of Korea (Korea) and Taiwan 
would be likely to lead to continuation or recurrence of dumping at the 
level indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2016, the Department initiated a sunset review of the 
AD Orders \1\ on certain polyester staple fiber from Korea and Taiwan 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ Auriga Polymers Inc. (Auriga), DAK Americas, LLC (DAK 
Americas), and Nan Ya Plastics Corporation, America (Nan Ya America) 
notified the Department of their intent to participate in both sunset 
reviews as domestic interested parties on August 12, 2016, pursuant to 
19 CFR 351.218(d)(1)(i).\3\ Each of these companies claimed interested 
party status under section 771(9)(C) of the Act, as domestic producers 
of the domestic like product.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber From the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber 
From the Republic of Korea and Taiwan, 65 FR 33807, 33808 (May 25, 
2000); see also Certain Polyester Staple Fiber from Korea: Notice of 
Amended Final Determination and Amended Order Pursuant to Final 
Court Decision, 68 FR 74552, 74553 (December, 24, 2003) (AD Orders).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 50462 
(August 1, 2016).
    \3\ See letter from Auriga, DAK Americas, LLC, and Nan Ya 
America, re: ``Five-Year (``Sunset'') Review of Antidumping Duty 
Order on Polyester Staple Fiber From the Republic of Korea--Notice 
of Intent to Participate,'' dated August 12, 2016; see also letter 
from Auriga, DAK Americas, and Nan Ya America, re: ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Polyester Staple 
Fiber From Taiwan--Notice of Intent to Participate,'' dated August 
12, 2016.
---------------------------------------------------------------------------

    On August 31, 2016, the Department received a collective 
substantive response from Auriga, DAK Americas, and Nan Ya America, 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ The 
Department did not receive a substantive response from any respondent 
interested party to the sunset proceeding. Because the Department 
received no response from the respondent interested parties, the 
Department conducted an expedited review of these AD Orders, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(C)(2).
---------------------------------------------------------------------------

    \4\ See letter from Auriga, DAK Americas, LLC, and Nan Ya 
America, re: ``Five-Year Sunset Review of Antidumping Duty Order on 
Polyester Staple Fiber From the Republic of Korea--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated August 31, 2016; see also letter from Auriga, DAK Americas, 
and Nan Ya America, re: ``Five-Year Sunset Review of Antidumping 
Duty Order on Polyester Staple Fiber From Taiwan--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated August 31, 2016.
---------------------------------------------------------------------------

Scope of the Orders

    Imports covered by the orders are defined as 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 subject to the order may 
be coated, usually with a silicon, or other finish, or not coated. 
Polyester staple fiber is generally used as stuffing in sleeping bags, 
mattresses, ski jackets, comforters, cushions, pillows, and furniture. 
Merchandise of less than 3.3 decitex (less than 3 denier) currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at subheading 5503.20.00.25 is specifically excluded from 
the order. Also, specifically excluded from the order are polyester 
staple fibers of 10 to18 denier that are cut to lengths of 6 to 8 
inches (fibers used in the manufacture of carpeting). In addition, low-
melt polyester staple fiber is excluded from the order. Low-melt 
polyester staple fiber is defined as a bi-component fiber with an outer 
sheath that melts at a significantly lower temperature than its inner 
core. The merchandise subject to the order is currently classifiable in 
the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written description of the merchandise covered by the scope of the 
order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with this notice.\5\ 
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 AD Orders were revoked. Parties 
can find a complete discussion of all issues raised in this expedited 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file electronically via the Enforcement and 
Compliance Antidumping and

[[Page 92784]]

Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. A list of topics discussed in the Issues and 
Decision Memorandum is included as an Appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Five-Year Sunset Review of the Antidumping Duty Orders on 
Certain Polyester Staple Fiber from the Republic of Korea and 
Taiwan,'' dated November 29, 2016.
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the AD Orders on certain staple fiber from 
Korea and Taiwan would be likely to lead to continuation or recurrence 
of dumping at weighted-average percent margins up to 7.48 percent and 
9.90 percent, respectively.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
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. Timely 
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.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: November 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VI. Final Results of Review
VII. Recommendation

[FR Doc. 2016-30625 Filed 12-19-16; 8:45 am]
 BILLING CODE 3510-DS-P
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