Countervailing Duty Investigation of Fine Denier Polyester Staple Fiber From the People's Republic of China: Final Affirmative Determination, 3120-3122 [2018-01152]
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3120
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
convenience and customs purposes, the
written description of the scope is
dispositive.
Appendix I—Scope of the Investigation
sradovich on DSK3GMQ082PROD with NOTICES
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Preliminary Determination of Critical
Circumstances
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
The products covered by this investigation
are certain forged stainless steel flanges,
whether unfinished, semi-finished, or
finished (certain forged stainless steel
flanges). Certain forged stainless steel flanges
are generally manufactured to, but not
limited to, the material specification of
ASTM/ASME A/SA182 or comparable
domestic or foreign specifications. Certain
forged stainless steel flanges are made in
various grades such as, but not limited to,
304, 304L, 316, and 316L (or combinations
thereof). The term ‘‘stainless steel’’ used in
this scope refers to an alloy steel containing,
by actual weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with
or without other elements.
Unfinished stainless steel flanges possess
the approximate shape of finished stainless
steel flanges and have not yet been machined
to final specification after the initial forging
or like operations. These machining
processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing.
Semi-finished stainless steel flanges are
unfinished stainless steel flanges that have
undergone some machining processes.
The scope includes six general types of
flanges. They are: (1) Weld neck, generally
used in butt-weld line connection; (2)
threaded, generally used for threaded line
connections; (3) slip-on, generally used to
slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections;
(5) socket weld, generally used to fit pipe
into a machine recession; and (6) blind,
generally used to seal off a line. The sizes
and descriptions of the flanges within the
scope include all pressure classes of ASME
B16.5 and range from one-half inch to
twenty-four inches nominal pipe size.
Specifically excluded from the scope of this
investigation are cast stainless steel flanges.
Cast stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged
stainless steel flanges, whether unfinished,
semi-finished, or finished is the country
where the flange was forged. Subject
merchandise includes stainless steel flanges
as defined above that have been further
processed in a third country. The processing
includes, but is not limited to, boring, facing,
spot facing, drilling, tapering, threading,
beveling, heating, or compressing, and/or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the stainless steel flanges.
Merchandise subject to the investigation is
typically imported under headings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule of the United
States (HTS). While HTS subheadings and
ASTM specifications are provided for
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Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
[FR Doc. 2018–01146 Filed 1–22–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–061]
Countervailing Duty Investigation of
Fine Denier Polyester Staple Fiber
From the People’s Republic of China:
Final Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
fine denier polyester staple fiber (fine
denier PSF) from the People’s Republic
of China (China). The period of
investigation is January 1, 2016, through
December 31, 2016. For information on
the estimated subsidy rates, see the
‘‘Final Determination and Suspension of
Liquidation’’ section of this notice.
SUMMARY:
DATES:
Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Davina Friedmann,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–3813 or
(202) 482–0698, respectively.
SUPPLEMENTARY INFORMATION:
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Background
Commerce published the Preliminary
Determination on November 6, 2017.1 A
summary of the events that occurred
since Commerce published 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 2 issued concurrently
with this notice. The Issues and
Decision Memorandum is a public
document and is on file 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 is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Scope Comments
In accordance with the Preliminary
Scope Memorandum, Commerce
provided parties an opportunity to
provide comments on all issues
regarding product coverage (i.e., scope).3
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice.4 As a
result, the scope of this investigation
was modified for the preliminary
determination. No further changes to the
scope of the investigation were made to
this final determination. For a summary
of the product coverage comments and
rebuttal responses submitted to the
1 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 82 FR 51396
(November 6, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum (Preliminary Decision
Memorandum).
2 See Commerce Memorandum, ‘‘Issues and
Decision Memorandum for the Final Determination
in the Countervailing Duty Investigation of Fine
Denier Polyester Staple Fiber from the People’s
Republic of China,’’ dated concurrently with this
determination and hereby adopted by this notice
(Issues and Decision Memorandum).
3 See Commerce Memorandum, ‘‘Fine Denier
Polyester Staple Fiber from the People’s Republic
of China, India, Republic of Korea, and Taiwan:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated December 8 31,
2017 (Preliminary Scope Memorandum); see also
See Commerce Memorandum, ‘‘Due Dates for Case
and Rebuttal Briefs Regarding the Scope,’’ dated
December 11, 2017.
4 See Fine Denier Polyester Staple Fiber from
India and the People’s Republic of China: Initiation
of Countervailing Duty Investigations, 82 FR 29029
(June 27, 2017) (Initiation Notice).
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.5
Methodology
Commerce is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
Tariff Act of 1930, as amended (Act).
For each of the subsidy programs found
to be countervailable, we determine that
there is a subsidy (i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient)
and that the subsidy is specific. For a
full description of the methodology
underlying our final determination, see
the Issues and Decisions Memorandum.
Scope of the Investigation
The merchandise covered by this
investigation is generally described as
fine denier PSF from China. For a
complete description of the scope of this
investigation, see Appendix II.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs submitted by
the parties, are discussed in the Issues
and Decision Memorandum. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, is attached to
this notice at Appendix I.
sradovich on DSK3GMQ082PROD with NOTICES
Use of Adverse Facts Available (AFA)
For purposes of this final
determination, we relied on facts
available, and because certain
respondents did not act to the best of
their ability in responding to
Commerce’s requests for information,
we drew an adverse inference, where
appropriate, in selecting from among the
facts otherwise available.6 A full
discussion of our decision to rely on
adverse facts available is presented in
the ‘‘Use of Facts Otherwise Available
and Adverse Inferences’’ section of the
Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
the respondents’ subsidy rate
5 See Commerce Memorandum, ‘‘Fine Denier
Polyester Staple Fiber from the People’s Republic
of China, India, Republic of Korea, and Taiwan:
Scope Comments Decision Memorandum for the
Final Determinations,’’ dated concurrently with this
determination and hereby adopted by this notice
(Final Scope Memorandum).
6 See sections 776(a) and (b) of the Act.
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Jkt 244001
calculations since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum and the Final Calculation
Memoranda.7
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
an individual rate for each producer/
exporter of the subject merchandise
individually investigated.
In accordance with section
705(c)(5)(A) of the Act, for companies
not individually investigated, we apply
an ‘‘all-others’’ rate. Under section
705(c)(5)(A)(i) of the Act, the ‘‘allothers’’ rate excludes zero and de
minimis rates calculated for the
exporters and producers individually
investigated as well as rates based
entirely on facts otherwise available.
Pursuant to section 705(c)(5)(A)(i) of
the Act, we have calculated the ‘‘allothers’’ rate using the subsidy rates of
the two individually investigated
respondents. However, we have not
calculated the ‘‘all-others’’ rate by
weight-averaging the rates because
doing so risks disclosure of proprietary
information. Therefore, and consistent
with Commerce’s practice, for the ‘‘allothers’’ rate, we calculated a simple
average of the two mandatory
respondents’ subsidy rates.
7 See Commerce Memoranda, ‘‘Countervailing
Duty Investigation of Fine Denier Polyester Staple
Fiber from the People’s Republic of China: Jiangyin
Hailun Chemical Fiber Co. Ltd.; Final Analysis
Memorandum,’’ dated January 16, 2017 (Hailun’s
Final Calculation Memorandum) and
‘‘Countervailing Duty Investigation of Fine Denier
Polyester Staple Fiber from the People’s Republic
of China: Jiangyin Huahong Chemical Fiber Co.
Ltd.; Final Analysis Memorandum,’’ dated January
16, 2017 (Huahong’s Final Calculation
Memorandum).
8 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Jiangyin Hailun
Chemical Fiber Co. Ltd.: Jiangyin Bolun Chemical
Fiber Co., Ltd. (Bolun); Jiangyin Fenghua Synthetic
Fiber Co., Ltd. (Fenghua); Jiangsu Hailun
Petrochemicals Co., Ltd. (Hailun Petrochemical);
Jiangyin Huamei Special Fiber Co., Ltd. (Huamei);
Jiangyin Huasheng Polymerization Co., Ltd.
(Huasheng); Jiangyin Huaxing Synthetic Co., Ltd.
(Huaxing); Jiangying Huayi Polymerization Co., Ltd.
(Huayi); Jiangsu Sanfangxiang Group Co., Ltd.
(Sanfangxiang Group); Jiangsu Sanfangxiang
International Trading Co., Ltd. (Sanfangxiang
Trading); Sanhai International Trading PTE Ltd.
(Sanhai); Jiangyin Xingsheng Plastic Co., Ltd.
(Xingsheng Plastic); Jiangyin Xingtai New Material
Co., Ltd. (Xingtai); Jiangsu Xingye Plastic Co., Ltd.
(Xingye Plastic); Jiangsu Xingye Polytech Co., Ltd.
(Xingye Polytech); Jiangyin Xingyu New Material
Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber
Co., Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power
Co., Ltd. (Xinyuan Thermal); and Jiangyin Yunlun
Chemical Fiber Co., Ltd. (Yunlun).
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found Jiangsu
Huahong Industrial Group Co., Ltd. to be crossowned with Jiangyin Huahong Chemical Fiber Co.
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Company
Jiangyin Hailun Chemical
Fiber Co. Ltd.8 ..................
Jiangyin Huahong Chemical
Fiber Co. Ltd.9 ..................
All-Others ..............................
3121
Subsidy rate
(%)
38.00
47.57
42.79
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of merchandise under
consideration from the PRC that were
entered or withdrawn from warehouse,
for consumption, on or after November
6, 2017, the date of publication of the
Preliminary Determination in the
Federal Register.
If the U.S. International Trade
Commission (the ITC) issues a final
affirmative injury determination, we
will issue a CVD order, will reinstate the
suspension of liquidation under section
706(a) of the Act, and will require a cash
deposit of estimated CVDs for such
entries of subject merchandise in the
amounts indicated above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Ltd.; Jiangyin Hongkai Chemical Fiber Co., Ltd.
(Hongkai); Jiangyin Huahong International Trade
Co., Ltd. (Huahong International Trade); and
Jiangyin Huakai Polyesterer Co., Ltd. (Huakai).
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
Return or Destruction of Proprietary
Information
Appendix II
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 subject to sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Scope of the Investigation
The merchandise covered by this
investigation is fine denier polyester staple
fiber (fine denier PSF), not carded or combed,
measuring less than 3.3 decitex (3 denier) in
diameter. The scope covers all fine denier
PSF, whether coated or uncoated. The
following products are excluded from the
scope:
(1) PSF equal to or greater than 3.3 decitex
(more than 3 denier, inclusive) currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bicomponent polyester fiber having a polyester
fiber component that melts at a lower
temperature than the other polyester fiber
component, which is currently classifiable
under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the
HTSUS subheading 5503.20.0025. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigations is dispositive.
[FR Doc. 2018–01152 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
Scope Comments
Appendix I
DEPARTMENT OF COMMERCE
sradovich on DSK3GMQ082PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of the Countervailing Duty
Law to Imports from the PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Application of AFA to the
Electricity Program
Comment 2: Export Buyer’s Credit Program
Comment 3: Market Distortion in the MEG/
PTA Industry
Comment 4: Input Benchmarks
Comment 5: Hailun Verification Minor
Corrections
Comment 6: Huahong Verification Minor
Corrections
Comment 7: Exclusion of Finance Leasing
and Margin Trading from the Policy
Loans Benefit Calculation
Comment 8: Treatment of Hailun’s Other
Types of Financing under the Policy
Loan Program
Comment 9: PTA for LTAR Benefit
Comment 10: Sales Denominator for the
Sanfangxiang Group
Comment 11: Sales Denominator for
Hailun Petrochemical
Comment 12: Treatment of ForeignPurchased Inputs
Comment 13: Correction of Calculation
Errors for Huahong
Comment 14: Correction of Calculation
Errors for Hailun
XI. Recommendation
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International Trade Administration
[C–533–876]
Countervailing Duty Investigation of
Fine Denier Polyester Staple Fiber
From India: Final Affirmative
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
fine denier polyester staple fiber (fine
denier PSF) from India. The period of
investigation is January 1, 2016, through
December 31, 2016. For information on
the estimated subsidy rates, see the
‘‘Final Determination and Suspension of
Liquidation’’ section of this notice.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Eli
Lovely or Trisha Tran, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1593 or (202) 482–4852,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 6, 2017, Commerce
published the Preliminary
PO 00000
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Fmt 4703
Determination.1 A summary of the
events that occurred since Commerce
published 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 2 issued concurrently
with this notice. The Issues and
Decision Memorandum is a public
document and is on file 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 is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Sfmt 4703
In accordance with the Preliminary
Scope Memorandum, Commerce
provided parties an opportunity to
provide comments on all issues
regarding product coverage (i.e., scope).3
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice.4 As a
result, the scope of this investigation
was modified for the preliminary
determination. No further changes to the
scope of the investigation were made to
this final determination. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this final determination, and
accompanying discussion and analysis
1 See Fine Denier Polyester Staple Fiber from
India: Preliminary Affirmative Countervailing Duty
Determination, 82 FR 51387 (November 6, 2017)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum (Preliminary
Decision Memorandum).
2 See Commerce Memorandum, ‘‘Issues and
Decision Memorandum for the Final Determination
in the Countervailing Duty Investigation of Fine
Denier Polyester Staple Fiber from India,’’ dated
concurrently with this determination and hereby
adopted by this notice (Issues and Decision
Memorandum).
3 See Commerce Memorandum, ‘‘Fine Denier
Polyester Staple Fiber from the People’s Republic
of China, India, Republic of Korea, and Taiwan:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated May 31, 2016
(Preliminary Scope Memorandum); see also See
Commerce Memorandum, ‘‘Due Dates for Case and
Rebuttal Briefs Regarding the Scope,’’ dated
December 11, 2017.
4 See Fine Denier Polyester Staple Fiber from
India and the People’s Republic of China: Initiation
of Countervailing Duty Investigations, 82 FR 29029
(June 27, 2017) (Initiation Notice).
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]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3120-3122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01152]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-061]
Countervailing Duty Investigation of Fine Denier Polyester Staple
Fiber From the People's Republic of China: Final Affirmative
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of fine denier polyester staple fiber (fine denier PSF) from the
People's Republic of China (China). The period of investigation is
January 1, 2016, through December 31, 2016. For information on the
estimated subsidy rates, see the ``Final Determination and Suspension
of Liquidation'' section of this notice.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Davina Friedmann, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone (202) 482-3813 or (202) 482-
0698, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination on November 6,
2017.\1\ A summary of the events that occurred since Commerce published
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 \2\ issued concurrently with this
notice. The Issues and Decision Memorandum is a public document and is
on file 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
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, 82 FR 51396 (November 6, 2017) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum).
\2\ See Commerce Memorandum, ``Issues and Decision Memorandum
for the Final Determination in the Countervailing Duty Investigation
of Fine Denier Polyester Staple Fiber from the People's Republic of
China,'' dated concurrently with this determination and hereby
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope Comments
In accordance with the Preliminary Scope Memorandum, Commerce
provided parties an opportunity to provide comments on all issues
regarding product coverage (i.e., scope).\3\ Certain interested parties
commented on the scope of the investigation as it appeared in the
Initiation Notice.\4\ As a result, the scope of this investigation was
modified for the preliminary determination. No further changes to the
scope of the investigation were made to this final determination. For a
summary of the product coverage comments and rebuttal responses
submitted to the
[[Page 3121]]
record for this final determination, and accompanying discussion and
analysis of all comments timely received, see the Final Scope Decision
Memorandum.\5\
---------------------------------------------------------------------------
\3\ See Commerce Memorandum, ``Fine Denier Polyester Staple
Fiber from the People's Republic of China, India, Republic of Korea,
and Taiwan: Scope Comments Decision Memorandum for the Preliminary
Determinations,'' dated December 8 31, 2017 (Preliminary Scope
Memorandum); see also See Commerce Memorandum, ``Due Dates for Case
and Rebuttal Briefs Regarding the Scope,'' dated December 11, 2017.
\4\ See Fine Denier Polyester Staple Fiber from India and the
People's Republic of China: Initiation of Countervailing Duty
Investigations, 82 FR 29029 (June 27, 2017) (Initiation Notice).
\5\ See Commerce Memorandum, ``Fine Denier Polyester Staple
Fiber from the People's Republic of China, India, Republic of Korea,
and Taiwan: Scope Comments Decision Memorandum for the Final
Determinations,'' dated concurrently with this determination and
hereby adopted by this notice (Final Scope Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this countervailing duty (CVD) investigation
in accordance with section 701 of the Tariff Act of 1930, as amended
(Act). For each of the subsidy programs found to be countervailable, we
determine that there is a subsidy (i.e., a financial contribution by an
``authority'' that gives rise to a benefit to the recipient) and that
the subsidy is specific. For a full description of the methodology
underlying our final determination, see the Issues and Decisions
Memorandum.
Scope of the Investigation
The merchandise covered by this investigation is generally
described as fine denier PSF from China. For a complete description of
the scope of this investigation, see Appendix II.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs submitted by the parties, are discussed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice at Appendix I.
Use of Adverse Facts Available (AFA)
For purposes of this final determination, we relied on facts
available, and because certain respondents did not act to the best of
their ability in responding to Commerce's requests for information, we
drew an adverse inference, where appropriate, in selecting from among
the facts otherwise available.\6\ A full discussion of our decision to
rely on adverse facts available is presented in the ``Use of Facts
Otherwise Available and Adverse Inferences'' section of the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to the respondents' subsidy rate calculations since the
Preliminary Determination. For a discussion of these changes, see the
Issues and Decision Memorandum and the Final Calculation Memoranda.\7\
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\7\ See Commerce Memoranda, ``Countervailing Duty Investigation
of Fine Denier Polyester Staple Fiber from the People's Republic of
China: Jiangyin Hailun Chemical Fiber Co. Ltd.; Final Analysis
Memorandum,'' dated January 16, 2017 (Hailun's Final Calculation
Memorandum) and ``Countervailing Duty Investigation of Fine Denier
Polyester Staple Fiber from the People's Republic of China: Jiangyin
Huahong Chemical Fiber Co. Ltd.; Final Analysis Memorandum,'' dated
January 16, 2017 (Huahong's Final Calculation Memorandum).
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Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise individually investigated.
In accordance with section 705(c)(5)(A) of the Act, for companies
not individually investigated, we apply an ``all-others'' rate. Under
section 705(c)(5)(A)(i) of the Act, the ``all-others'' rate excludes
zero and de minimis rates calculated for the exporters and producers
individually investigated as well as rates based entirely on facts
otherwise available.
Pursuant to section 705(c)(5)(A)(i) of the Act, we have calculated
the ``all-others'' rate using the subsidy rates of the two individually
investigated respondents. However, we have not calculated the ``all-
others'' rate by weight-averaging the rates because doing so risks
disclosure of proprietary information. Therefore, and consistent with
Commerce's practice, for the ``all-others'' rate, we calculated a
simple average of the two mandatory respondents' subsidy rates.
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Jiangyin Hailun Chemical Fiber Co. Ltd.: Jiangyin Bolun Chemical
Fiber Co., Ltd. (Bolun); Jiangyin Fenghua Synthetic Fiber Co., Ltd.
(Fenghua); Jiangsu Hailun Petrochemicals Co., Ltd. (Hailun
Petrochemical); Jiangyin Huamei Special Fiber Co., Ltd. (Huamei);
Jiangyin Huasheng Polymerization Co., Ltd. (Huasheng); Jiangyin
Huaxing Synthetic Co., Ltd. (Huaxing); Jiangying Huayi
Polymerization Co., Ltd. (Huayi); Jiangsu Sanfangxiang Group Co.,
Ltd. (Sanfangxiang Group); Jiangsu Sanfangxiang International
Trading Co., Ltd. (Sanfangxiang Trading); Sanhai International
Trading PTE Ltd. (Sanhai); Jiangyin Xingsheng Plastic Co., Ltd.
(Xingsheng Plastic); Jiangyin Xingtai New Material Co., Ltd.
(Xingtai); Jiangsu Xingye Plastic Co., Ltd. (Xingye Plastic);
Jiangsu Xingye Polytech Co., Ltd. (Xingye Polytech); Jiangyin Xingyu
New Material Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber Co.,
Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power Co., Ltd. (Xinyuan
Thermal); and Jiangyin Yunlun Chemical Fiber Co., Ltd. (Yunlun).
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found Jiangsu Huahong Industrial Group Co., Ltd. to be
cross-owned with Jiangyin Huahong Chemical Fiber Co. Ltd.; Jiangyin
Hongkai Chemical Fiber Co., Ltd. (Hongkai); Jiangyin Huahong
International Trade Co., Ltd. (Huahong International Trade); and
Jiangyin Huakai Polyesterer Co., Ltd. (Huakai).
------------------------------------------------------------------------
Subsidy rate
Company (%)
------------------------------------------------------------------------
Jiangyin Hailun Chemical Fiber Co. Ltd.\8\.............. 38.00
Jiangyin Huahong Chemical Fiber Co. Ltd.\9\............. 47.57
All-Others.............................................. 42.79
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Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all entries of
merchandise under consideration from the PRC that were entered or
withdrawn from warehouse, for consumption, on or after November 6,
2017, the date of publication of the Preliminary Determination in the
Federal Register.
If the U.S. International Trade Commission (the ITC) issues a final
affirmative injury determination, we will issue a CVD order, will
reinstate the suspension of liquidation under section 706(a) of the
Act, and will require a cash deposit of estimated CVDs for such entries
of subject merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
[[Page 3122]]
Return or Destruction of Proprietary Information
In the event the ITC issues a final negative injury determination,
this notice serves as the only reminder to parties subject to an APO of
their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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 subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of the Countervailing Duty Law to Imports from the
PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Application of AFA to the Electricity Program
Comment 2: Export Buyer's Credit Program
Comment 3: Market Distortion in the MEG/PTA Industry
Comment 4: Input Benchmarks
Comment 5: Hailun Verification Minor Corrections
Comment 6: Huahong Verification Minor Corrections
Comment 7: Exclusion of Finance Leasing and Margin Trading from
the Policy Loans Benefit Calculation
Comment 8: Treatment of Hailun's Other Types of Financing under
the Policy Loan Program
Comment 9: PTA for LTAR Benefit
Comment 10: Sales Denominator for the Sanfangxiang Group
Comment 11: Sales Denominator for Hailun Petrochemical
Comment 12: Treatment of Foreign-Purchased Inputs
Comment 13: Correction of Calculation Errors for Huahong
Comment 14: Correction of Calculation Errors for Hailun
XI. Recommendation
Appendix II
Scope of the Investigation
The merchandise covered by this investigation is fine denier
polyester staple fiber (fine denier PSF), not carded or combed,
measuring less than 3.3 decitex (3 denier) in diameter. The scope
covers all fine denier PSF, whether coated or uncoated. The
following products are excluded from the scope:
(1) PSF equal to or greater than 3.3 decitex (more than 3
denier, inclusive) currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 5503.20.0045 and
5503.20.0065.
(2) Low-melt PSF defined as a bi-component polyester fiber
having a polyester fiber component that melts at a lower temperature
than the other polyester fiber component, which is currently
classifiable under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the HTSUS subheading
5503.20.0025. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of the investigations is dispositive.
[FR Doc. 2018-01152 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P
