Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order, 14415-14416 [2018-06838]

Download as PDF Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices 2. Remarks from the Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session: 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than April 17, 2018. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on February 13, 2018 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Yvette Springer on (202) 482–2813. Yvette Springer, Committee Liaison Officer. [FR Doc. 2018–06773 Filed 4–3–18; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration amozie on DSK30RV082PROD with NOTICES [A–570–905] Certain Polyester Staple Fiber From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of determinations by the Department of Commerce AGENCY: VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 (Commerce) and the International Trade Commission (ITC) 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 a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the antidumping duty order. DATES: Applicable Date: Applicable April 4, 2018. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482–7425. SUPPLEMENTARY INFORMATION: Background On June 1, 2007, Commerce published in the Federal Register notice of the antidumping duty order on PSF from China.1 On September 6, 2017, Commerce initiated the second five-year (sunset) review of the antidumping duty order on PSF from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce conducted this sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and adequate response from a domestic interested party but no substantive responses from respondent interested parties. As a result of its review, Commerce determined that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping.3 Commerce, therefore, notified the ITC of the magnitude of the margins likely to prevail should the antidumping duty order be revoked. On March 15, 2018, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on PSF from China would likely lead to a continuation or recurrence of material injury to an industry in the United 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 Certain Polyester Staple Fiber from the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 83 FR 8052 (February 23, 2018) (Final Results) and accompanying Issues and Decision Memorandum (IDM), dated February 16, 2018. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 14415 States within a reasonably foreseeable time.4 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 subject merchandise 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. The following products are excluded from the scope of the order: (1) Polyester staple fiber of less than 3.3 decitex (less than 3 denier) currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at 5503.20.0025 and known to the industry as polyester staple fiber for spinning and generally used in woven and knit applications to produce textile and apparel products; (2) polyester staple fiber of 10 to 18 denier that are cut to lengths of 6 to 8 inches and that are generally used in the manufacture of carpeting; and (3) lowmelt polyester staple fiber defined as a bi-component fiber with an outer, nonpolyester sheath that melts at a significantly lower temperature than its inner polyester core (classified at HTSUS 5503.20.0015). Certain polyester staple fiber is classifiable under the 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 merchandise under the order is dispositive. Continuation of the Order As a result of determinations by Commerce and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the antidumping duty order on PSF from China. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of 4 See Certain Polyester Staple Fiber from China: Investigation No. 731–TA–1104 (Second Review), USITC Publication 4767 (March 2018). E:\FR\FM\04APN1.SGM 04APN1 14416 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next sunset review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: March 29, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Scope of the Order [FR Doc. 2018–06838 Filed 4–3–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–803] Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that JBF RAK LLC (JBF) made sales of subject merchandise at less than normal value during the period of review (POR), November 1, 2015, through October 31, 2016, and that UFlex Limited (UFlex) had no shipments of subject merchandise during the POR. DATES: Applicable Date: April 4, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482–4261. SUPPLEMENTARY INFORMATION: amozie on DSK30RV082PROD with NOTICES AGENCY: Background Commerce published the preliminary results of this administrative review on December 1, 2017.1 We invited interested parties to comment on the Preliminary Results. On January 2, 2017, Commerce received a timely-filed case 1 See Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015–2016, 82 FR 56949 (December 1, 2017) (Preliminary Results). VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 brief from JBF.2 No party filed a rebuttal brief. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now April 3, 2018.3 The products covered by the order are all gauges of raw, pre-treated, or primed polyethylene terephthalate film (PET Film), whether extruded or co-extruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer more than 0.00001 inches thick. Also excluded is roller transport cleaning film which has at least one of its surfaces modified by application of 0.5 micrometers of SBR latex. Tracing and drafting film is also excluded. PET Film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Final Determination of No Shipments In the Preliminary Results, we preliminarily found that one company, UFlex, had no shipments during the POR.4 Consistent with Commerce’s assessment practice, Commerce completed the review with respect to UFlex.5 For these final results, we ‘‘Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A– 520–803); Case Brief of JBF RAK, LLC,’’ dated January 2, 2018. 3 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 4 See Preliminary Results at 3. 5 See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012–2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012–2013, 79 FR 51306, 51306–51307 (August 28, 2014). continue to find that UFlex had no shipments during the POR. Analysis of Comments Received All issues raised in the sole case brief filed in this review are addressed in the Issues and Decision Memorandum.6 A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and it is available to all parties in the Central Records Unit of the main Commerce Building, Room B–8024. In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at http://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. Changes Since the Preliminary Results Based on our analysis of the comments received, we made one change to our margin calculations for JBF. Specifically, we revised our calculation of home market credit expenses.7 A complete discussion of this change can be found in the Issues and Decision Memorandum. Final Results of Review As a result of this review, we determine that the following weightedaverage dumping margin exists for the period of November 1, 2015, through October 31, 2016: Producer or exporter Weightedaverage dumping margin (percent ad valorem) JBF RAK LLC ........................... 18.90 2 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all 6 See Memorandum, ‘‘Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Issues and Decision Memorandum for the Final Results and Final Determination of No Shipments; 2015–2016,’’ (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. 7 See Issues and Decision Memorandum at page 2. E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14415-14416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of determinations by the Department of Commerce 
(Commerce) and the International Trade Commission (ITC) 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 a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the antidumping duty order.

DATES: Applicable Date: Applicable April 4, 2018.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2007, Commerce published in the Federal Register notice 
of the antidumping duty order on PSF from China.\1\ On September 6, 
2017, Commerce initiated the second five-year (sunset) review of the 
antidumping duty order on PSF from China, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Commerce conducted this sunset review on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and 
adequate response from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of its 
review, Commerce determined that revocation of the antidumping duty 
order would likely lead to a continuation or recurrence of dumping.\3\ 
Commerce, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the antidumping duty order be revoked. On 
March 15, 2018, the ITC published notice of its determination, pursuant 
to section 751(c) of the Act, that revocation of the antidumping duty 
order on PSF from China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \3\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Final Results of Expedited Sunset Review of the 
Antidumping Duty Order, 83 FR 8052 (February 23, 2018) (Final 
Results) and accompanying Issues and Decision Memorandum (IDM), 
dated February 16, 2018.
    \4\ See Certain Polyester Staple Fiber from China: Investigation 
No. 731-TA-1104 (Second Review), USITC Publication 4767 (March 
2018).
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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 subject merchandise 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.
    The following products are excluded from the scope of the order: 
(1) Polyester staple fiber of less than 3.3 decitex (less than 3 
denier) currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) at 5503.20.0025 and known to the industry as 
polyester staple fiber for spinning and generally used in woven and 
knit applications to produce textile and apparel products; (2) 
polyester staple fiber of 10 to 18 denier that are cut to lengths of 6 
to 8 inches and that are generally used in the manufacture of 
carpeting; and (3) low-melt polyester staple fiber defined as a bi-
component fiber with an outer, non-polyester sheath that melts at a 
significantly lower temperature than its inner polyester core 
(classified at HTSUS 5503.20.0015).
    Certain polyester staple fiber is classifiable under the 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 merchandise under the order is dispositive.

Continuation of the Order

    As a result of determinations by Commerce and the ITC that 
revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the 
antidumping duty order on PSF from China. U.S. Customs and Border 
Protection will continue to collect antidumping duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the order will be the 
date of

[[Page 14416]]

publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next sunset review of the order not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: March 29, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-06838 Filed 4-3-18; 8:45 am]
 BILLING CODE 3510-DS-P