Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2015-2016, 23187-23188 [2017-10351]

Download as PDF Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices 23187 IV. Adjournment Scope of the Order Assessment Rates Dated: May 17, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit. 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.2 Because Hangzhou Huachuang 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. [FR Doc. 2017–10414 Filed 5–19–17; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration Final Results of Review [A–570–905] Certain Polyester Staple Fiber From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) 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, 2015, through May 31, 2016. On March 3, 2017, the Department published the preliminary results of this review, and received no comments from interested parties. As the Department continues to determine that the sole remaining mandatory respondent under review failed to establish its eligibility for a separate rate for the POR, and thus, is part of the PRC-wide entity, the final results do not differ from the preliminary results. The final dumping margin of sales at the PRC-Wide Entity rate is listed below in the ‘‘Final Results’’ section of this notice. AGENCY: DATES: As noted in the Preliminary Results, the sole mandatory respondent, Hangzhou Huachuang Co., Ltd. (Hangzhou Huachuang), did not respond to the antidumping questionnaire, and failed to establish its eligibility for a separate rate.3 As such, consistent with the Department’s practice regarding conditional review of the PRC-wide entity, the Department determines that Hangzhou Huachuang remains part of the PRC-wide entity.4 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.5 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 these final results, we will instruct U.S. Customs and Border Protection (CBP) to liquidate Hangzhou Huachuang’s entries at the rate previously established for the PRC-wide entity, which is 44.30 percent. The final weighted-average dumping margin is as follows: Exporter Estimated weightedaverage margin (percent) PRC-Wide Entity 6 ...................... 44.30 Effective May 22, 2017. Julia Hancock or Courtney Canales, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230; telephone: (202) 482–1394 or (202) 482–4997, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: mstockstill on DSK30JT082PROD with NOTICES Background On March 3, 2017, the Department published the Preliminary Results.1 No party submitted comments on the Preliminary Results. 1 See Certain Polyester Staple Fiber from the People’s Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015–2016, 82 FR 12435 (March 3, 2017) (Preliminary Results). VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 2 For a full description of the scope, see Memorandum from James Maeder, Senior Director, Office I, AD/CVD Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled, ‘‘Certain Polyester Staple Fiber from the People’s Republic of China: Decision Memorandum for the Preliminary Results of the 2015–2016 Antidumping Duty Administrative Review,’’ (Preliminary Decision Memorandum) dated February 27, 2017. 3 See Preliminary Results, 82 FR 12435. 4 See Preliminary Decision Memorandum at 2–4. 5 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). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 from the PRC 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 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; (2) 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 (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 exporters that supplied that nonPRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Disclosure Because the Department determined that the sole remaining respondent under review, Hangzhou Huachuang, is part of the PRC-wide entity, and has been assigned the PRC-wide rate; no disclosure of calculations is necessary for these final results. Notification to Importers 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 occurred and the subsequent assessment of doubled antidumping duties. 6 The PRC-wide entity includes mandatory respondent, Hangzhou Huachuang. E:\FR\FM\22MYN1.SGM 22MYN1 23188 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 16, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–10351 Filed 5–19–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–830] Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to exporters and producers of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). The period of investigation (POI) is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. DATES: Effective May 22, 2017. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3857. SUPPLEMENTARY INFORMATION: mstockstill on DSK30JT082PROD with NOTICES AGENCY: Background On March 1, 2017, the Department published its affirmative Preliminary Determination of this countervailing VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 duty (CVD) investigation.1 The petitioner in this investigation is the Rebar Trade Action Coalition and its individual members.2 The mandatory respondent in this investigation is Habas Sinai ve Tibbi Gazlar Istihsal ¸ ¨ Endustrisi A.S. (Habas),3 including ¸ certain cross-owned companies and subcontractors.4 Both Habas and the Government of Turkey (the GOT) participated in this investigation. A complete summary of the events that occurred since publication of the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is dated concurrently with and hereby adopted by this notice.5 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov and to all parties in the Central Records Unit, room B–8024 of the Department’s main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Scope of the Investigation The scope of the investigation covers rebar from Turkey. The Department did not receive any scope comments and has not updated the scope of the investigation since the Preliminary Determination. For a complete 1 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 82 FR 12195 (March 1, 2017) (Preliminary Determination). 2 The Rebar Trade Action Coalition is comprised of Byer Steel Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc., Nucor Corporation, and Steel Dynamics, Inc. 3 Habas is the sole Turkish rebar producer/ exporter excluded from the existing CVD order on rebar from Turkey. See Steel Concrete Reinforcing Bar from the Republic of Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) (2014 Turkey CVD Order). 4 The Habas companies include Habas, Habas ¸ ¨ ¨ Elektrik Uretim A.S., Habas Endustri Tesisleri A.S., ¸ ¸ ¸ Habas Petrol A.S., Mertas Turizm Nakliyat ve ¸ ¸ ¸ ¨ Ticaret A.S., Cebitas Demir Celik Endustrisi A.S., ¸ ¸ ¸ ¸ ¨ Ege Celik Endustrisi Sanayi ve Ticaret A.S., and ¸ ¸ ¨ ¨ Osman Sonmez (Insaat Taahhut Ticaret). ¸ 5 See Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Steel Concrete Reinforcing Bar from the Republic of Turkey,’’ May 15, 2017 (Issues and Decision Memorandum). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 description of the scope of this investigation, see Appendix I to this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, as well as the issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding, are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by the Department in the Issues and Decision Memorandum is attached at Appendix II to this notice. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), during February and March 2017, the Department verified the subsidy information reported by the GOT and Habas. We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by the respondents. Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available. As discussed in the Issues and Decision Memorandum,6 we determine that Habas withheld necessary information with respect to certain import duty rebates/drawbacks received during the POI and, accordingly, did not act to the best of its ability in responding to the Department’s request for information. Therefore, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.7 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the subsidy rate calculations since the Preliminary Determination. These changes are discussed in the ‘‘Analysis of Programs’’ section of the Issues and Decision Memorandum.8 6 See Issues and Decision Memorandum at 5–8. Sections 776(a) and (b) of the Act. 8 See Issues and Decision Memorandum at 8; see also Department Memorandum, ‘‘Steel Concrete Reinforcing Bar from the Republic of Turkey: Calculations for the Final Countervailing Duty Determination,’’ May 15, 2017. 7 See E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23187-23188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10351]


=======================================================================
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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; 
2015-2016

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

SUMMARY: The Department of Commerce (the Department) 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, 2015, through May 31, 2016. On 
March 3, 2017, the Department published the preliminary results of this 
review, and received no comments from interested parties. As the 
Department continues to determine that the sole remaining mandatory 
respondent under review failed to establish its eligibility for a 
separate rate for the POR, and thus, is part of the PRC-wide entity, 
the final results do not differ from the preliminary results. The final 
dumping margin of sales at the PRC-Wide Entity rate is listed below in 
the ``Final Results'' section of this notice.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington DC 20230; telephone: (202) 482-1394 or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 3, 2017, the Department published the Preliminary 
Results.\1\ No party submitted comments on the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 12435 
(March 3, 2017) (Preliminary Results).
---------------------------------------------------------------------------

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.\2\
---------------------------------------------------------------------------

    \2\ For a full description of the scope, see Memorandum from 
James Maeder, Senior Director, Office I, AD/CVD Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled, ``Certain Polyester Staple Fiber from the 
People's Republic of China: Decision Memorandum for the Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review,'' 
(Preliminary Decision Memorandum) dated February 27, 2017.
---------------------------------------------------------------------------

Final Results of Review

    As noted in the Preliminary Results, the sole mandatory respondent, 
Hangzhou Huachuang Co., Ltd. (Hangzhou Huachuang), did not respond to 
the antidumping questionnaire, and failed to establish its eligibility 
for a separate rate.\3\ As such, consistent with the Department's 
practice regarding conditional review of the PRC-wide entity, the 
Department determines that Hangzhou Huachuang remains part of the PRC-
wide entity.\4\ 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.\5\ 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 these final 
results, we will instruct U.S. Customs and Border Protection (CBP) to 
liquidate Hangzhou Huachuang's entries at the rate previously 
established for the PRC-wide entity, which is 44.30 percent.
---------------------------------------------------------------------------

    \3\ See Preliminary Results, 82 FR 12435.
    \4\ See Preliminary Decision Memorandum at 2-4.
    \5\ 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).
---------------------------------------------------------------------------

    The final weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                          Exporter                             average
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PRC-Wide Entity \6\........................................       44.30
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \6\ The PRC-wide entity includes mandatory respondent, Hangzhou 
Huachuang.
---------------------------------------------------------------------------

    Because Hangzhou Huachuang 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 administrative review for all 
shipments of the subject merchandise from the PRC 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 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; (2) 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 (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 exporters that 
supplied that non-PRC exporter. The deposit requirements, when imposed, 
shall remain in effect until further notice.

Disclosure

    Because the Department determined that the sole remaining 
respondent under review, Hangzhou Huachuang, is part of the PRC-wide 
entity, and has been assigned the PRC-wide rate; no disclosure of 
calculations is necessary for these final results.

Notification to Importers

    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 occurred and the subsequent 
assessment of doubled antidumping duties.

[[Page 23188]]

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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-10351 Filed 5-19-17; 8:45 am]
 BILLING CODE 3510-DS-P
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