Fine Denier Polyester Staple Fiber From India: Final Affirmative Determination of Sales at Less Than Fair Value, 24737-24740 [2018-11710]
Download as PDF
<![CDATA[
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
Comment’’ field, include name, address,
email address, and telephone number of
the person presenting the testimony, as
well as the organization or company
that they represent. Attach a summary
of the testimony, and pre-hearing
submission if provided, by using the
‘‘Upload File’’ field. The file name
should include the name of the person
who will be presenting the testimony.
The request to speak should include
(1) the name and address of the person
requesting to make a presentation; (2) a
daytime phone number where the
person who would be making the oral
presentation may be contacted before
the hearing; (3) the organization or
company they represent; and (4) an
email address.
Please note that the submission of a
summary of expected testimony at the
public hearing is separate from the
request for written comments. Since it
may be necessary to limit the number of
persons making presentations, the
written request to participate in the
public hearing should describe the
individual’s interest in the hearing and,
where appropriate, explain why the
individual is a proper representative of
a group or class of persons that has such
an interest. If all interested parties
cannot be accommodated at the hearing,
the summaries of the oral presentations
will be used to allocate speaking time
and to ensure that a full range of
comments is heard.
Each person selected to make a
presentation will be notified by the
Department of Commerce no later than
8:00 p.m. Eastern Daylight Time on July
12, 2018. The Department will arrange
the presentation times for the speakers.
Persons selected to be heard are
requested to bring 20 copies of their oral
presentation and of all exhibits to the
hearing site on the day of the hearing.
All such material must be of a size
consistent with ease of handling,
transportation and filing. While large
exhibits may be used during a hearing,
copies of such exhibits in reduced size
must be provided to the hearing panel.
Written submissions by persons not
selected to make presentations will be
made part of the public record of the
proceeding. Confidential business
information may not be submitted at a
public hearing. In the event confidential
business information is submitted it will
be handled according to the same
procedures applicable to such
information provided in the course of an
investigation. See 15 CFR 705.6. The
hearing will be recorded.
The transcript of the hearing will be
available on www.regulations.gov in
docket number DOC–2018–0002.
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
Conduct of the Hearing
The Department reserves the right to
select the persons to be heard at the
hearing, to schedule their respective
presentations, and to establish the
procedures governing the conduct of the
hearing. Each speaker may be limited to
5 minutes, and comments must be
directly related to the criteria listed in
15 CFR 705.4 of the regulations.
Attendees will be seated on a first-come,
first-served basis.
A Department official will be
designated to preside at the hearing. The
presiding officer shall determine all
procedural matters during the hearing.
Representatives from the Department,
and other U.S. Government agencies as
appropriate, will make up the hearing
panel. This will be a fact-finding
proceeding; it will not be a judicial or
evidentiary-type hearing. Only members
of the hearing panel may ask questions,
and there will be no cross-examination
of persons presenting statements.
However, questions submitted to the
presiding officer in writing may, at the
discretion of the presiding officer, be
posed to the presenter. No formal rules
of evidence will apply to the hearing.
Any further procedural rules for the
proper conduct of the hearing will be
announced by the presiding officer.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be received by the
Department of Commerce no later than
June 22, 2018 by contacting the
Department of Commerce official
identified in this Notice.
Dated: May 24, 2018.
Wilbur L. Ross,
Secretary of Commerce.
[FR Doc. 2018–11708 Filed 5–25–18; 4:15 pm]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–875]
Fine Denier Polyester Staple Fiber
From India: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that fine denier
polyester staple fiber (fine denier PSF)
from India is being, or is likely to be,
sold in the United States at less than fair
AGENCY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
24737
value (LTFV). The period of
investigation (POI) is April 1, 2016,
through March 31, 2017.
DATES: Applicable May 30, 2018.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0989.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2018, Commerce
published the Preliminary
Determination of this antidumping duty
investigation, as provided by section
735 of the Tariff Act of 1930, as
amended (the Act). Commerce
preliminarily found that fine denier PSF
from India was sold at LTFV.1 A
summary of the events that have
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
interested parties for this final
determination, may be found in the
Issues and Decision Memorandum.2 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 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/.
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. The
revised deadline for the final
determination in this investigation is
now May 23, 2018.3
1 See Fine Denier Polyester Staple Fiber from
India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures 83 FR 662 (January 5, 2018), and
accompanying Preliminary Decision Memorandum
(collectively, Preliminary Determination).
2 See Memorandum, ‘‘Fine Denier Polyester
Staple Fiber from India: Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less Than Fair Value,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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
E:\FR\FM\30MYN1.SGM
Continued
30MYN1
24738
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
Scope Comments
We provided parties an opportunity to
provide comments on all issues
regarding product coverage (i.e., scope).4
Certain interested parties commented on
the scope of the investigation as it
appeared in the Preliminary
Determination.5 For a summary of the
product coverage comments and
rebuttals submitted to the record of this
investigation, and our accompanying
discussion and analysis of the
comments and rebuttals that were
timely received, see the Final Scope
Decision Memorandum.6 Based on
parties’ comments, we made no changes
to the scope of the investigation, as it
appeared in the Preliminary
Determination.7 The product covered by
this investigation is fine denier PSF
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Verification
As provided in section 782(i) of the
Act, in January and March 2018, we
conducted a verification of the
information reported by the mandatory
respondent Reliance Industries Limited
(RIL), for use in this final
determination.8 We used standard
verification procedures, including an
examination of relevant accounting and
production records and original source
documents provided by the respondent.
Application of Adverse Facts Available
(AFA)
As in the Preliminary Determination,
pursuant to sections 776(a) and (b) of
the Act, we have continued to base
Bombay Dyeing & Manufacturing
Company Limited’s (Bombay Dyeing)
dumping margin upon the facts
otherwise available, with an adverse
inference, because the company did not
respond to Commerce’s questionnaire.
In addition, based on our verification
findings, our re-evaluation of the record
evidence, and our analysis of the
comments received, we are also basing
RIL’s dumping margin on facts available
with an adverse inference pursuant to
sections 776(a) and (b) of the Act. For
further discussion, see the Issues and
Decision Memorandum.
Changes Since the Preliminary
Determination
As noted above, we are now basing
RIL’s dumping margin on facts available
with an adverse inference. Moreover, we
have revised the all-others rate as
explained below.
sradovich on DSK3GMQ082PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice as Appendix II.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that in the final determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate ‘‘shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act’’. Pursuant to
section 735(c)(5)(B) of the Act, however,
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
three days.
4 See Memorandum, ‘‘Due Dates for Case and
Rebuttal Briefs Regarding the Scope,’’ dated
December 11, 2017
5 See Preliminary Determination.
6 See 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 January 16, 2018 (Final
Scope Memorandum).
7 While we made no changes to the scope based
on parties’ comments, we discovered that we
inadvertently included the phrase ‘‘or pre-opened’’
in the scope in the Preliminary Determination. This
phrase was not included in the scope in the
Initiation. See Fine Denier Polyester Staple Fiber
from the People’s Republic of China, India, the
Republic of Korea, Taiwan, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 82 FR 29023 (Initiation). We
have corrected this error by removing the phrase
‘‘or pre-opened’’ from the scope for this final
determination.
8 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Fine Denier Polyester Staple Fiber
from India: Verification of the Sales Questionnaire
Responses of Reliance Industries Limited,’’ dated
March 13, 2018; and Memorandum, ‘‘Verification of
the Cost Response of Reliance Industries Limited in
the Less-Than-Fair-Value Investigation of Fine
Denier Polyester Staple Fiber from India,’’ dated
March 27, 2018.
9 See also Statement of Administrative Action
(SAA), H.R. Doc. 103–316, 103d Cong., 2d Session,
vol 1 (1994) SAA at 873 (explaining that if all the
rates are ‘‘determined entirely on the basis of the
facts available or are zero or de minimis,’’ the
‘‘expected method in such cases will be to weightaverage’’ the rates available. See also Albemarle
Corp. & Subsidiaries v. United States, 821 F.3d
1345, 1351–54 (Fed. Cir. 2016) (explaining and
relying on the ‘‘expected method,’’ as directed by
the SAA).
10 See SAA accompanying the Uruguay Round
Agreements Act, H.R. Doc. No. 103–316 at 873
(1994), reprinted in 1994 U.S.C.C.A.N. 4040, 4200.
11 See, e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR
21909, 21912 (April 23, 2008), unchanged in Notice
of Final Determination of Sales at Less Than Fair
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
if ‘‘the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis or
determined based entirely on facts
otherwise available,’’ Commerce ‘‘may
use any reasonable method to establish
the estimated weighted-average
dumping margin for all-other producers
and/or exporters.’’ 9 Furthermore,
Congress, in the SAA, stated that when
‘‘the dumping margins for all of the
exporters and producers that are
individually investigated are
determined entirely on the basis of the
facts available or are zero or de minimis
. . . (t)he expected method in such
cases will be to weight-average the zero
and de minimis margins and margins
determined pursuant to the facts
available.’’ 10 For the final
determination, Commerce has
determined the estimated weightedaverage dumping margin for each of the
individually examined respondents
under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, Commerce’s
normal practice under these
circumstances has been to calculate the
‘‘all-others’’ rate as a simple average of
the alleged dumping margins from the
petition.11 In this case, however, we
initiated using only one duming margin
in the petition. Therefore, for the final
determination, we have used this one
dumping margin, which is 21.43
percent, as the ‘‘All-Others’’ rate.12
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2; see also Steel Threaded Rod from
Thailand: Preliminary Determination of Sales at
Less Than Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014). See also Notice of Final Determination of
Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008).
12 See Certain Cold-Rolled Steel Flat Products
from Japan: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 81 FR
32721 (May 24, 2016); Notice of Final
Determination of Sales at Less than Fair Value:
Purified Carboxymethylcellulose from Sweden, 70
FR 28278 (May 17, 2005); and Notice of Final
Determination of Sales at Less Than Fair Value:
Ferrovanadium from the Republic of South Africa,
67 FR 71136 (November 29, 2002).
E:\FR\FM\30MYN1.SGM
30MYN1
24739
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
sradovich on DSK3GMQ082PROD with NOTICES
Reliance Industries Limited .....................................................................................................................................
Bombay Dyeing & Manufacturing Company Limited ..............................................................................................
All-Others .................................................................................................................................................................
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
fine denier PSF from India as described
in Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after January 5,
2018, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B) of the
Act and 19 CFR 351.210(d), Commerce
will instruct CBP to require a cash
deposit equal to the estimated weightedaverage dumping margin or the
estimated all-others rate, as follows: (1)
The cash deposit rate for the
respondents listed above will be equal
to the respondent-specific estimated
weighted-average dumping margin
determined in this final determination;
(2) if the exporter is not a respondent
identified above, but the producer is,
then the cash deposit rate will be equal
to the respondent-specific estimated
weighted-average dumping margin
established for that producer of the
subject merchandise; and (3) the cash
deposit rate for all other producers and/
or exporters will be equal to the allothers estimated weighted-average
dumping margin.
Further, Commerce will instruct CBP
to require a cash deposit equal to the
estimated amount by which the normal
value (NV) exceeds the U.S. price, as
shown above, adjusted where
appropriate for export subsidies found
in the final determination of the
companion countervailing duty
investigation. Consistent with
Commerce’s practice, where the product
under investigation is also subject to a
concurrent countervailing duty
investigation, Commerce instructs CBP
to require a cash deposit equal to the
amount by which the NV exceeds the
U.S. price, less the amount of the
countervailing duty determined to
constitute any export subsidies.13
13 See, e.g., Welded Line Pipe from the Republic
of Turkey: Final Determination of Sales at Less
Than Fair Value, 80 FR 61362, 61364 (October 13,
2015); Notice of Final Determination of Sales at
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
Because a countervailing duty order has
been issued with respect to fine denier
PSF from India and suspension of
liquidation is occurring with respect to
this order, Commerce will instruct CBP
to require cash deposits adjusted by the
amount of export subsidies, as
appropriate. These adjustments are
reflected in the final column of the rate
chart, above.14 Therefore, so long as
suspension of liquidation continues
under this antidumping duty
investigation, the cash deposit rates for
this antidumping duty investigation will
be the rates identified in the final
column of the rate chart, above. These
suspension of liquidation instructions
will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b). However, because
Commerce applied AFA to the
individually examined companies, RIL
and Bombay Dyeing, in this
investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the petition,
there are no calculations to disclose.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its final affirmative determination.
Because the final determination in this
Less Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers from the
Republic of Korea, 77 FR 17413, 17417 (March 26,
2012).
14 See Countervailing Duty Investigation of Fine
Denier Polyester Staple Fiber from India: Final
Affirmative Determination, 83 FR 3122 (January 23,
2018); see also Fine Denier Polyester Staple Fiber
from the People’s Republic of China and India:
Amended Final Affirmative Countervailing Duty
Determination for the People’s Republic of China
and Countervailing Duty Orders for the People’s
Republic of China and India, 83 FR 12149 (March
20, 2018).
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Cash deposit
rate
(adjusted for
subsidy
offset(s))
(percent)
21.43
21.43
21.43
14.48
15.49
14.67
proceeding is affirmative, in accordance
with section 735(b)(2)(B) of the Act, the
ITC will make its final determination as
to whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of fine denier PSF
from India no later than 45 days after
Commerce’s final determination. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on appropriate imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification to Interested Parties
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 the terms of an APO is
a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.201(c).
Dated: May 23, 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—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
E:\FR\FM\30MYN1.SGM
30MYN1
24740
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
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 this
investigation is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Total Adverse Facts Available
Comment 2: Whether Commerce Should
Apply Partial AFA to Certain Freight
Expenses
Comment 3: Whether Commerce Should
Reduce RIL’s Billing Adjustments
Comment 4: Whether Commerce Should
Reject RIL’s Inland Freight to Warehouse
Comment 5: Whether Commerce Should
Reject RIL’s Reported Warranty Expenses
Comment 6: Whether Commerce Should
Rely on RIL’s Rebate and Commission
Fields
Comment 7: Whether Commerce Should
Correct an Error in RIL’s Margin Program
Comment 8: Reliance Artificially
Understated the Reported Costs by
Reporting Chain Cost and Withholding
the Cost Reconciliation in the Form and
Manner Requested by Commerce
Comment 9: Reliance understated the
Reported General and Administrative
(G&A) Expenses
Comment 10: RIL Understated the
Financial Expenses
VI. Recommendation
[FR Doc. 2018–11710 Filed 5–29–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
sradovich on DSK3GMQ082PROD with NOTICES
[A–570–060]
Fine Denier Polyester Staple Fiber
From the People’s Republic of China:
Final Affirmative Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that fine denier
AGENCY:
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
polyester staple fiber (fine denier PSF)
from the People’s Republic of China
(China) is being, or is likely to be, sold
in the United States at less-than-fair
value. The period of investigation is
October 1, 2016, through March 31,
2017.
DATES: Applicable May 30, 2018.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or John McGowan, 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) 482–3931 or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2018, Commerce
published the Preliminary
Determination of this antidumping duty
investigation, as provided by section
733 of the Tariff Act of 1930, as
amended (the Act). Commerce
preliminarily found that fine denier PSF
from China was sold at LTFV.1 A
summary of the events that have
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
interested parties for this final
determination, may be found in the
Issues and Decision Memorandum.2 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 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/.
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. The
revised deadline for the final
1 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 665
(January 5, 2018) (Preliminary Determination) and
the accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination of the
Less-Than-Fair-Value Investigation of Fine Denier
Polyester Staple Fiber from the People’s Republic
of China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
determination in this investigation is
now May 23, 2018.3
Scope Comments
We provided parties an opportunity to
provide comments on all issues
regarding product coverage (i.e., scope).4
Certain interested parties commented on
the scope of the investigation as it
appeared in the Preliminary
Determination.5 For a summary of the
product coverage comments and
rebuttals submitted to the record of this
investigation, and our accompanying
discussion and analysis of the
comments and rebuttals that were
timely received, see the Final Scope
Decision Memorandum.6 Based on
parties’ comments, we made no changes
to the scope of the investigation, as it
appeared in the Preliminary
Determination.7 The product covered by
this investigation is fine denier PSF
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Verification
As provided in section 782(i) of the
Act, we conducted verifications of the
sales and factors-of-production
information reported by Jiangyin Hailun
Chemical Fiber Co., Ltd. (Hailun) 8 and
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
three days.
4 See Memorandum, ‘‘Due Dates for Case and
Rebuttal Briefs Regarding the Scope,’’ dated
December 11, 2017.
5 See Preliminary Determination.
6 See 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 January 16, 2018 (Final
Scope Memorandum).
7 While we made no changes to the scope based
on parties’ comments, we discovered that we
inadvertently included the phrase ‘‘or pre-opened’’
in the scope in the Preliminary Determination. This
phrase was not included in the scope in the
Initiation (see Fine Denier Polyester Staple Fiber
from the People’s Republic of China, India, the
Republic of Korea, Taiwan, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 82 FR 29023 (Initiation). We
have corrected this error by removing the phrase
‘‘or pre-opened’’ from the scope for this final
determination.
8 We have determined that Hailun and several
affiliates should be collapsed and treated as a single
entity for purposes of this investigation. See
Memorandum from Commerce, ‘‘Less-Than-FairValue Investigation of Fine Denier Polyester Staple
Fiber from the People’s Republic of China:
Affiliation and Collapsing Status for Jiangyin
Hailun Chemical Fiber Co. Ltd.,’’ dated December
18, 2017. Therefore, any reference to Hailun in this
notice refers to the collapsed entity including the
E:\FR\FM\30MYN1.SGM
30MYN1
]]>Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24737-24740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11710]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-875]
Fine Denier Polyester Staple Fiber From India: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that fine
denier polyester staple fiber (fine denier PSF) from India is being, or
is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is April 1, 2016, through
March 31, 2017.
DATES: Applicable May 30, 2018.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0989.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2018, Commerce published the Preliminary
Determination of this antidumping duty investigation, as provided by
section 735 of the Tariff Act of 1930, as amended (the Act). Commerce
preliminarily found that fine denier PSF from India was sold at
LTFV.\1\ A summary of the events that have occurred since Commerce
published the Preliminary Determination, as well as a full discussion
of the issues raised by interested parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
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 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/.
---------------------------------------------------------------------------
\1\ See Fine Denier Polyester Staple Fiber from India:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures 83 FR 662 (January 5, 2018), and accompanying
Preliminary Decision Memorandum (collectively, Preliminary
Determination).
\2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from
India: Issues and Decision Memorandum for the Final Affirmative
Determination in the Less Than Fair Value,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Commerce has exercised its discretion to toll deadlines for the
duration of the closure of the Federal Government from January 20
through 22, 2018. The revised deadline for the final determination in
this investigation is now May 23, 2018.\3\
---------------------------------------------------------------------------
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive 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 three days.
---------------------------------------------------------------------------
[[Page 24738]]
Scope Comments
We provided parties an opportunity to provide comments on all
issues regarding product coverage (i.e., scope).\4\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Preliminary Determination.\5\ For a summary of the product coverage
comments and rebuttals submitted to the record of this investigation,
and our accompanying discussion and analysis of the comments and
rebuttals that were timely received, see the Final Scope Decision
Memorandum.\6\ Based on parties' comments, we made no changes to the
scope of the investigation, as it appeared in the Preliminary
Determination.\7\ The product covered by this investigation is fine
denier PSF from India. For a complete description of the scope of this
investigation, see Appendix I.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Due Dates for Case and Rebuttal Briefs
Regarding the Scope,'' dated December 11, 2017
\5\ See Preliminary Determination.
\6\ See 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 January 16, 2018 (Final Scope Memorandum).
\7\ While we made no changes to the scope based on parties'
comments, we discovered that we inadvertently included the phrase
``or pre-opened'' in the scope in the Preliminary Determination.
This phrase was not included in the scope in the Initiation. See
Fine Denier Polyester Staple Fiber from the People's Republic of
China, India, the Republic of Korea, Taiwan, and the Socialist
Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 29023 (Initiation). We have corrected this
error by removing the phrase ``or pre-opened'' from the scope for
this final determination.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in January and March
2018, we conducted a verification of the information reported by the
mandatory respondent Reliance Industries Limited (RIL), for use in this
final determination.\8\ We used standard verification procedures,
including an examination of relevant accounting and production records
and original source documents provided by the respondent.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Less-Than-Fair-Value Investigation of Fine
Denier Polyester Staple Fiber from India: Verification of the Sales
Questionnaire Responses of Reliance Industries Limited,'' dated
March 13, 2018; and Memorandum, ``Verification of the Cost Response
of Reliance Industries Limited in the Less-Than-Fair-Value
Investigation of Fine Denier Polyester Staple Fiber from India,''
dated March 27, 2018.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of these issues is attached to this
notice as Appendix II.
Application of Adverse Facts Available (AFA)
As in the Preliminary Determination, pursuant to sections 776(a)
and (b) of the Act, we have continued to base Bombay Dyeing &
Manufacturing Company Limited's (Bombay Dyeing) dumping margin upon the
facts otherwise available, with an adverse inference, because the
company did not respond to Commerce's questionnaire. In addition, based
on our verification findings, our re-evaluation of the record evidence,
and our analysis of the comments received, we are also basing RIL's
dumping margin on facts available with an adverse inference pursuant to
sections 776(a) and (b) of the Act. For further discussion, see the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination
As noted above, we are now basing RIL's dumping margin on facts
available with an adverse inference. Moreover, we have revised the all-
others rate as explained below.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that in the final
determination Commerce shall determine an estimated all-others rate for
all exporters and producers not individually examined. This rate
``shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act''. Pursuant to section 735(c)(5)(B) of the Act, however, if ``the
estimated weighted-average dumping margins established for all
exporters and producers individually examined are zero, de minimis or
determined based entirely on facts otherwise available,'' Commerce
``may use any reasonable method to establish the estimated weighted-
average dumping margin for all-other producers and/or exporters.'' \9\
Furthermore, Congress, in the SAA, stated that when ``the dumping
margins for all of the exporters and producers that are individually
investigated are determined entirely on the basis of the facts
available or are zero or de minimis . . . (t)he expected method in such
cases will be to weight-average the zero and de minimis margins and
margins determined pursuant to the facts available.'' \10\ For the
final determination, Commerce has determined the estimated weighted-
average dumping margin for each of the individually examined
respondents under section 776 of the Act. Consequently, pursuant to
section 735(c)(5)(B) of the Act, Commerce's normal practice under these
circumstances has been to calculate the ``all-others'' rate as a simple
average of the alleged dumping margins from the petition.\11\ In this
case, however, we initiated using only one duming margin in the
petition. Therefore, for the final determination, we have used this one
dumping margin, which is 21.43 percent, as the ``All-Others'' rate.\12\
---------------------------------------------------------------------------
\9\ See also Statement of Administrative Action (SAA), H.R. Doc.
103-316, 103d Cong., 2d Session, vol 1 (1994) SAA at 873 (explaining
that if all the rates are ``determined entirely on the basis of the
facts available or are zero or de minimis,'' the ``expected method
in such cases will be to weight-average'' the rates available. See
also Albemarle Corp. & Subsidiaries v. United States, 821 F.3d 1345,
1351-54 (Fed. Cir. 2016) (explaining and relying on the ``expected
method,'' as directed by the SAA).
\10\ See SAA accompanying the Uruguay Round Agreements Act, H.R.
Doc. No. 103-316 at 873 (1994), reprinted in 1994 U.S.C.C.A.N. 4040,
4200.
\11\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Steel Threaded Rod from Thailand: Preliminary Determination
of Sales at Less Than Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR 79670, 79671
(December 31, 2013), unchanged in Steel Threaded Rod from Thailand:
Final Determination of Sales at Less Than Fair Value and Affirmative
Final Determination of Critical Circumstances, 79 FR 14476, 14477
(March 14, 2014). See also Notice of Final Determination of Sales at
Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673,
39674 (July 10, 2008).
\12\ See Certain Cold-Rolled Steel Flat Products from Japan:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, 81 FR
32721 (May 24, 2016); Notice of Final Determination of Sales at Less
than Fair Value: Purified Carboxymethylcellulose from Sweden, 70 FR
28278 (May 17, 2005); and Notice of Final Determination of Sales at
Less Than Fair Value: Ferrovanadium from the Republic of South
Africa, 67 FR 71136 (November 29, 2002).
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
[[Page 24739]]
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter/producer average for subsidy
dumping margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Reliance Industries Limited............. 21.43 14.48
Bombay Dyeing & Manufacturing Company 21.43 15.49
Limited................................
All-Others.............................. 21.43 14.67
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of fine denier PSF from
India as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after January 5, 2018,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margin or the estimated all-others
rate, as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if
the exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the respondent-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and/or exporters will be equal to the all-others estimated
weighted-average dumping margin.
Further, Commerce will instruct CBP to require a cash deposit equal
to the estimated amount by which the normal value (NV) exceeds the U.S.
price, as shown above, adjusted where appropriate for export subsidies
found in the final determination of the companion countervailing duty
investigation. Consistent with Commerce's practice, where the product
under investigation is also subject to a concurrent countervailing duty
investigation, Commerce instructs CBP to require a cash deposit equal
to the amount by which the NV exceeds the U.S. price, less the amount
of the countervailing duty determined to constitute any export
subsidies.\13\ Because a countervailing duty order has been issued with
respect to fine denier PSF from India and suspension of liquidation is
occurring with respect to this order, Commerce will instruct CBP to
require cash deposits adjusted by the amount of export subsidies, as
appropriate. These adjustments are reflected in the final column of the
rate chart, above.\14\ Therefore, so long as suspension of liquidation
continues under this antidumping duty investigation, the cash deposit
rates for this antidumping duty investigation will be the rates
identified in the final column of the rate chart, above. These
suspension of liquidation instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\13\ See, e.g., Welded Line Pipe from the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362,
61364 (October 13, 2015); Notice of Final Determination of Sales at
Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers from
the Republic of Korea, 77 FR 17413, 17417 (March 26, 2012).
\14\ See Countervailing Duty Investigation of Fine Denier
Polyester Staple Fiber from India: Final Affirmative Determination,
83 FR 3122 (January 23, 2018); see also Fine Denier Polyester Staple
Fiber from the People's Republic of China and India: Amended Final
Affirmative Countervailing Duty Determination for the People's
Republic of China and Countervailing Duty Orders for the People's
Republic of China and India, 83 FR 12149 (March 20, 2018).
---------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied AFA to the individually
examined companies, RIL and Bombay Dyeing, in this investigation, in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination. Because the final determination in this proceeding is
affirmative, in accordance with section 735(b)(2)(B) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports of fine denier PSF from India no
later than 45 days after Commerce's final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated and all securities posted will
be refunded or canceled. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on
appropriate imports of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification to Interested Parties
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a violation subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.201(c).
Dated: May 23, 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--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
[[Page 24740]]
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 this investigation is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available
Comment 2: Whether Commerce Should Apply Partial AFA to Certain
Freight Expenses
Comment 3: Whether Commerce Should Reduce RIL's Billing
Adjustments
Comment 4: Whether Commerce Should Reject RIL's Inland Freight
to Warehouse
Comment 5: Whether Commerce Should Reject RIL's Reported
Warranty Expenses
Comment 6: Whether Commerce Should Rely on RIL's Rebate and
Commission Fields
Comment 7: Whether Commerce Should Correct an Error in RIL's
Margin Program
Comment 8: Reliance Artificially Understated the Reported Costs
by Reporting Chain Cost and Withholding the Cost Reconciliation in
the Form and Manner Requested by Commerce
Comment 9: Reliance understated the Reported General and
Administrative (G&A) Expenses
Comment 10: RIL Understated the Financial Expenses
VI. Recommendation
[FR Doc. 2018-11710 Filed 5-29-18; 8:45 am]
BILLING CODE 3510-DS-P
