Certain Polyester Staple Fiber From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 8052 [2018-03748]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Page 8052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03748]


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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 Expedited Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty order on 
certain polyester staple fiber (PSF) from the People's Republic of 
China (China) would likely lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable February 23, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Walker, Enforcement and 
Compliance, Office V, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0238.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2017, Commerce initiated the second sunset review 
of the antidumping duty order \1\ on PSF from China, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
February 16, 2016, Commerce received a timely notice of intent to 
participate in the sunset review from the domestic producers, pursuant 
to 19 CFR 351.218(d)(1)(i).\3\ The domestic producers in this sunset 
review claimed interested party status under section 771(9)(C) of the 
Act, as producers of the domestic like product.\4\ On October 6, 2017, 
the domestic producers filed a substantive response in the sunset 
review within the 30-day deadline, as specified in 19 CFR 
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response 
from any respondent interested party in the sunset review. On November 
15, 2017, Commerce made its adequacy determination in the sunset review 
finding that Commerce did not receive a substantive response from any 
respondent interested party.\6\
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    \1\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Advance Notification of Sunset Reviews, 82 
FR 42078 (September 6, 2017).
    \3\ See letter from the domestic producers, ``Polyester Staple 
Fiber from China--Petitioners' Notice of Intent to Participate,'' 
dated September 21, 2017.
    \4\ The domestic producers in this sunset review are DAK 
Americas, LLC, Nan Ya Plastics Corporation, America and Auriga 
Polymers Inc.
    \5\ See Substantive Response.
    \6\ See Letter to the ITC from Commerce, ``Sunset Reviews 
Initiated in September 2017,'' dated November 15, 2017. In this 
letter, we stated that based on the lack of an adequate response in 
the sunset review from any respondent party, {Commerce{time}  is 
conducting an expedited (120-day) sunset review consistent with 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). 
See also Procedures for Conducting Five-year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516, 13519 
(March 20, 1998) (Commerce normally will conduct an expedited sunset 
review where respondent interested parties provide an inadequate 
response).
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Scope of the Order

    The merchandise subject to the order is 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 is currently classifiable under the 
Harmonized Tariff Schedule (HTSUS) subheadings 5503.20.0045 and 
5503.20.0065.\7\
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    \7\ See ``Issues and Decision Memorandum for the Final Results 
of the Expedited Sunset Review of the Antidumping Duty Order on 
Certain Polyester Staple Fiber from the People's Republic of 
China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. 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 Order 
were revoked. Parties may find a complete discussion of all issues 
raised in the review and the corresponding recommendations in this 
public memorandum which is on file electronically via Enforcement & 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Services System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and to all parties in the Central Records Unit 
Room B8024 of the main Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the web at https://trade.gov/enforcement. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
PSF from China would likely lead to continuation or recurrence of 
dumping at weighted-average margins up to 44.30 percent.

Notice Regarding Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an 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 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.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), 777(i)(1) of the Act, and 19 CFR 351.218.

    Dated: February 16, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-03748 Filed 2-22-18; 8:45 am]
 BILLING CODE 3510-DS-P