Fine Denier Polyester Staple Fiber From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value, 24745-24747 [2018-11712]
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Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties its calculations and
analysis performed in this 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 this notice
in accordance with 19 CFR 351.224(b).
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 Korea 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withdrawn from warehouse, for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.
sradovich on DSK3GMQ082PROD with NOTICES
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 351.210(c).
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
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
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
Comment 1: Whether to Apply Total AFA
to TCK Based on Verification
Comment 1(a): Minor Corrections
Comment 1(b): Tolling Arrangement
Comment 1(c): Misreported Sales of
Products Not Produced
Comment 1(d): Failure to Provide Correct
Translations
Comment 2: Whether to Apply AFA to
Down Nara
Comment 3: Whether Commerce’s
Calculation of the ‘‘All-Others’’ Rate is
Supported by its Practice and Is
Consistent with the Statute and Court
Precedent
Comment 4: Whether the Totality of
Circumstances Regarding Cost Reporting
Warrants Application of Total or Partial
AFA.
Comment 5: Whether Commerce Should
Adjust the Purchases of EG for Physical
Inventory Adjustments and Certain
Ancillary Costs.
Comment 6: Whether Commerce Should
Adjust TCK’s Reported Unit Costs of
Manufacture for the Subject Fine Denier
PSF
Comment 6(a): Pattern of Understatement
Comment 6(b): Physical Characteristics
Comment 6(c): SAP® System
Comment 6(d): PET Chips
Comment 6(e): TPA Consumption
Comment 6(f): Affiliated PET Chips
Purchases
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24745
Comment 7: Whether Commerce Should
Adjust the Affiliated Trading Company’s
SG&A Expense Rate Calculation
Comment 8: Whether Commerce Should
Adjust the Cost and Sales of Certain
Product Codes
Comment 9: Whether Commerce Should
Deny the Offset to G&A Expenses
Comment 10: Whether Commerce Should
Adjust the Non-Operating Income Used
to Offset the G&A and Financial
Expenses
Comment 11: Whether Commerce Should
Continue to Apply the Affiliated Party
Purchases Adjustment
Comment 12: Whether Commerce Should
Eliminate the Unreconciled Difference
Adjustment to TCK’s Reported Costs
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2018–11711 Filed 5–29–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–860]
Fine Denier Polyester Staple Fiber
From Taiwan: 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 Taiwan 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: Lilit
Astvatsatrian, 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) 482–6412.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 Taiwan was sold at LTFV.1 A
1 See Fine Denier Polyester Staple Fiber from
Taiwan: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
E:\FR\FM\30MYN1.SGM
Continued
30MYN1
24746
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
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 Taiwan. For a complete
description of the scope of this
investigation, see Appendix I.
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
sradovich on DSK3GMQ082PROD with NOTICES
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
Application of Adverse Facts Available
(AFA)
Final Determination, and Extension of Provisional
Measures, 83 FR 668 (January 5, 2018), and
accompanying Preliminary Decision Memorandum
(collectively, Preliminary Determination).
2 See Memorandum, ‘‘Fine Denier Polyester
Staple Fiber from Taiwan: 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
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
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
Verification
As provided in section 782(i) of the
Act, from January 8 through 19, 2018,
we conducted a verification of the
information reported by the mandatory
respondent Tainan Spinning Co., Ltd.
(TSCL), 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.
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.
As in the Preliminary Determination,
pursuant to sections 776(a) and (b) of
the Act, Commerce has continued to
base Far Eastern Textile, Ltd.’s (Far
Eastern) 9 dumping margin on the facts
otherwise available, with an adverse
inference, because the company did not
respond to Commerce’s questionnaire or
otherwise participate in the
investigation.10
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, ‘‘Antidumping Duty
Investigation of Fine Denier Polyester Staple Fiber
from Taiwan: Verification of the Sales Responses of
Tainan Spinning Co., Ltd.,’’ dated February 28,
2018; and Memorandum, ‘‘Verification of the Cost
Response of Tainan Spinning Co., Ltd. in the LessThan-Fair-Value Investigation of Fine Denier
Polyester Staple Fiber from Taiwan,’’ dated
February 27, 2018.
9 Also known as Far Eastern New Century
Corporation.
10 See Memorandum, ‘‘Antidumping Duty
Investigation of Fine Denier Polyester Staple Fiber
from Taiwan: Far Eastern Textile Ltd.,’’ dated
August 8, 2017, at Attachment I (Far Eastern
Withdrawal).
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Fmt 4703
Sfmt 4703
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the dumping margin
calculations for TSCL. For further
discussion, see the Issues and Decision
Memorandum.
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, 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, including averaging the
estimated weighted average dumping
margins determined for the exporters
and producers individually
investigated.’’ Because (1) the dumping
margin for Far Eastern is based on AFA
and (2) the dumping margin for TSCL is
zero, pursuant to section 735(c)(5)(B) of
the Act, we calculated the ‘‘all-others’’’
rate as a simple average of the dumping
margins of Far Eastern and TSCL.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Exporter/producer
Tainan Spinning Co., Ltd ......
Far Eastern Textile Ltd.
(AKA Far Eastern New
Century Corporation) ........
All-Others ..............................
Estimated
weightedaverage
dumping
margin
(percent)
0.00
48.86
24.43
Consistent with section 735(a)(4) of
the Act, based on the zero rate for TSCL,
Commerce has determined that TSCL
has not sold merchandise which it
produced and exported at LTFV.
E:\FR\FM\30MYN1.SGM
30MYN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
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 Taiwan 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.
Further, 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 margins
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, except as
explained below; and (3) the cash
deposit rate for all other producers and/
or exporters will be equal to the allothers estimated weighted-average
dumping margin.
Because the estimated weightedaverage dumping margin for TSCL is
zero, entries of shipments of subject
merchandise both produced and
exported by TSCL will not be subject to
suspension of liquidation or cash
deposit requirements. In such
situations, Commerce applies the
exclusion to the provisional measures to
the producer/exporter combination that
was examined in the investigation.
Accordingly, Commerce is directing
CBP to not suspend liquidation of
entries of subject merchandise produced
and exported by TSCL. Entries of
shipments of subject merchandise from
TSCL in any other producer/exporter
combination, or by third parties that
sourced subject merchandise from the
excluded producer/exporter
combination, are subject to the
provisional measures at the all-others
rate.
Because the final estimated weightedaverage dumping margin for subject
merchandise produced and exported by
TSCL is zero, entries of shipments of
subject merchandise from this producer/
exporter combination will be excluded
from the antidumping duty order. This
exclusion is not applicable to
merchandise exported to the United
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
24747
States by TSCL in any other producer/
exporter combinations or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination.
These suspension of liquidation
instructions will remain in effect until
further notice.
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.
Disclosure
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 this
investigation is dispositive.
Commerce intends to disclose to
interested parties its calculations and
analysis performed in this 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 this notice
in accordance with 19 CFR 351.224(b).
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 Taiwan 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 351.210(c).
PO 00000
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Fmt 4703
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Appendix I—Scope of the Investigation
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: Reported Costs for a Certain
Product Control Number (CONNUM)
Comment 1(a): Direct Material Costs
Comment 1(b): Allocation of Labor and
Overhead
Comment 1(c): Market Price Methodology
for Grades B and C PSF
Comment 1(d): Scrap Offset Calculation
Comment 2: Factoring Agreement
Comment 3: Packing Cost
Comment 4: Application of Partial Facts
Available
VI. Recommendation
[FR Doc. 2018–11712 Filed 5–29–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 180427421–8421–01]
RIN 0660–XC042
Improving the Quality and Accuracy of
Broadband Availability Data
National Telecommunications
and Information Administration, U.S.
Department of Commerce
AGENCY:
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Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24745-24747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11712]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-860]
Fine Denier Polyester Staple Fiber From Taiwan: 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 Taiwan 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: Lilit Astvatsatrian, 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) 482-6412.
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 Taiwan was sold at
LTFV.\1\ A
[[Page 24746]]
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 Taiwan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 83 FR 668 (January 5, 2018), and accompanying
Preliminary Decision Memorandum (collectively, Preliminary
Determination).
\2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from
Taiwan: 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.
---------------------------------------------------------------------------
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 Taiwan. 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, from January 8 through
19, 2018, we conducted a verification of the information reported by
the mandatory respondent Tainan Spinning Co., Ltd. (TSCL), 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, ``Antidumping Duty Investigation of Fine
Denier Polyester Staple Fiber from Taiwan: Verification of the Sales
Responses of Tainan Spinning Co., Ltd.,'' dated February 28, 2018;
and Memorandum, ``Verification of the Cost Response of Tainan
Spinning Co., Ltd. in the Less-Than-Fair-Value Investigation of Fine
Denier Polyester Staple Fiber from Taiwan,'' dated February 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, Commerce has continued to base Far Eastern Textile,
Ltd.'s (Far Eastern) \9\ dumping margin on the facts otherwise
available, with an adverse inference, because the company did not
respond to Commerce's questionnaire or otherwise participate in the
investigation.\10\
---------------------------------------------------------------------------
\9\ Also known as Far Eastern New Century Corporation.
\10\ See Memorandum, ``Antidumping Duty Investigation of Fine
Denier Polyester Staple Fiber from Taiwan: Far Eastern Textile
Ltd.,'' dated August 8, 2017, at Attachment I (Far Eastern
Withdrawal).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the dumping margin calculations for TSCL. For further
discussion, see the Issues and Decision Memorandum.
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, 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, including averaging
the estimated weighted average dumping margins determined for the
exporters and producers individually investigated.'' Because (1) the
dumping margin for Far Eastern is based on AFA and (2) the dumping
margin for TSCL is zero, pursuant to section 735(c)(5)(B) of the Act,
we calculated the ``all-others''' rate as a simple average of the
dumping margins of Far Eastern and TSCL.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Tainan Spinning Co., Ltd................................ 0.00
Far Eastern Textile Ltd. (AKA Far Eastern New Century 48.86
Corporation)...........................................
All-Others.............................................. 24.43
------------------------------------------------------------------------
Consistent with section 735(a)(4) of the Act, based on the zero
rate for TSCL, Commerce has determined that TSCL has not sold
merchandise which it produced and exported at LTFV.
[[Page 24747]]
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
Taiwan 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. Further, 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 margins
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, except as explained below; 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.
Because the estimated weighted-average dumping margin for TSCL is
zero, entries of shipments of subject merchandise both produced and
exported by TSCL will not be subject to suspension of liquidation or
cash deposit requirements. In such situations, Commerce applies the
exclusion to the provisional measures to the producer/exporter
combination that was examined in the investigation. Accordingly,
Commerce is directing CBP to not suspend liquidation of entries of
subject merchandise produced and exported by TSCL. Entries of shipments
of subject merchandise from TSCL in any other producer/exporter
combination, or by third parties that sourced subject merchandise from
the excluded producer/exporter combination, are subject to the
provisional measures at the all-others rate.
Because the final estimated weighted-average dumping margin for
subject merchandise produced and exported by TSCL is zero, entries of
shipments of subject merchandise from this producer/exporter
combination will be excluded from the antidumping duty order. This
exclusion is not applicable to merchandise exported to the United
States by TSCL in any other producer/exporter combinations or by third
parties that sourced subject merchandise from the excluded producer/
exporter combination.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties its calculations
and analysis performed in this 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 this notice in accordance with
19 CFR 351.224(b).
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 Taiwan 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
351.210(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
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: Reported Costs for a Certain Product Control Number
(CONNUM)
Comment 1(a): Direct Material Costs
Comment 1(b): Allocation of Labor and Overhead
Comment 1(c): Market Price Methodology for Grades B and C PSF
Comment 1(d): Scrap Offset Calculation
Comment 2: Factoring Agreement
Comment 3: Packing Cost
Comment 4: Application of Partial Facts Available
VI. Recommendation
[FR Doc. 2018-11712 Filed 5-29-18; 8:45 am]
BILLING CODE 3510-DS-P