Fine Denier Polyester Staple Fiber From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 24740-24743 [2018-11714]
Download as PDF
<![CDATA[
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
24741
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
Jiangyin Huahong Chemical Fiber Co.,
Ltd. (Huahong).9 We used standard
verification procedures, including an
examination of relevant accounting and
production records and original source
documents provided by the
respondents.
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.
Changes to the Dumping Margin Since
the Preliminary Determination
Based on Commerce’s analysis of the
comments received and findings at
verification, we made certain changes to
our dumping margin calculations. For
further discussion, see the Issues and
Decision Memorandum.
China-Wide Entity
For the reasons explained in the
Preliminary Determination, we are
continuing to find that the use of
adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Act, is
appropriate and are applying a rate
based entirely on AFA to the Chinawide entity. Commerce did not receive
timely responses to its quantity and
value (Q&V) questionnaire, separate rate
applications, or separate rate
supplemental questionnaires from
certain exporters and/or producers of
subject merchandise that were named in
the petition and to which Commerce
issued Q&V questionnaires.10 As these
non-responsive China companies did
not demonstrate that they are eligible for
separate rate status, Commerce
continues to consider them to be a part
of the China-wide entity. Consequently,
we continue to find that the China-wide
entity withheld requested information,
significantly impeded the proceeding,
and failed to cooperate to the best of
their abilities, and thus we are
continuing to base the China-wide
entity’s rate on AFA.
China-Wide Rate
In selecting the AFA rate for the
China-wide entity, Commerce’s practice
is to select a rate that is sufficiently
adverse to ensure that the uncooperative
party does not obtain a more favorable
result by failing to cooperate than if it
had fully cooperated.11 Specifically, it is
Commerce’s practice to select, as an
AFA rate, the higher of: (a) The highest
dumping margin alleged in the petition;
or, (b) the highest calculated dumping
margin of any respondent in the
investigation.12 As AFA, Commerce has
assigned to the China-wide entity the
rate of 103.06 percent, which is the
highest dumping margin alleged in the
petition.13
Combination Rates
In the Initiation Notice, Commerce
stated that it would calculate
combination rates for the respondents
that are eligible for a separate rate in
this investigation.14 Accordingly, we
have assigned combination rates to
Hailun and Huahong, along with 14
other companies receiving a separate
rate, as provided in the ‘‘Final
Determination’’ section below.15
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Weightedaverage
margin
(percent)
Cash deposit
adjusted for
subsidy offset
(percent)
Exporter
Jiangyin Hailun Chemical Fiber Co. Ltd./Jiangyin Xinlun Chemical Fiber Co., Ltd./Jiangyin Yunlun Chemical Fiber Co., Ltd./
Jiangyin Bolun Chemical Fiber Co., Ltd./Jiangyin Fenghua
Synthetic Fiber Co., Ltd./Jiangyin Huamei Special Fiber Co.,
Ltd./Jiangyin Huasheng Polymerization Co., Ltd./Jiangyin
Huayi Polymerization Co., Ltd./Jiangyin Huaxing Synthetic
Co., Ltd./Jiangyin Xingsheng Plastic Co., Ltd.
Jiangyin Huahong Chemical Fiber Co., Ltd./Jiangyin Huakai
Polyester Co., Ltd./Jiangyin Hongkai Chemical Fiber Co., Ltd.
Hangzhou Best Chemical Fiber Co., Ltd .....................................
Cixi Jiangnan Chemical Fiber Co. Ltd .........................................
Jiangsu Xinsu Chemical Fiber Co., Ltd .......................................
Jiangyin Jinyan Chemical Fiber Co., Ltd./Jiangsu Xiang He Tai
Fiber Technology Co., Ltd.
sradovich on DSK3GMQ082PROD with NOTICES
Producer
Jiangyin Hailun Chemical Fiber Co. Ltd .......
72.22
72.22
Jiangyin Huahong Chemical Fiber Co., Ltd ..
65.17
65.11
Hangzhou Best Chemical Fiber Co., Ltd ......
Cixi Jiangnan Chemical Fiber Co. Ltd ..........
Jiangsu Xinsu Chemical Fiber Co., Ltd ........
Jiangyin Jinyan Chemical Fiber Co., Ltd ......
68.70
68.70
68.70
68.70
68.64
68.64
68.64
68.64
following companies: Jiangyin Hailun Chemical
Fiber Co., Ltd.; Jiangyin Xinlun Chemical Fiber Co.,
Ltd.; Jiangyin Yunlun Chemical Fiber Co., Ltd.;
Jiangyin Bolun Chemical Fiber Co., Ltd.; Jiangyin
Fenghua Synthetic Fiber Co., Ltd.; Jiangyin Huamei
Special Fiber Co., Ltd.; Jiangyin Huasheng
Polymerization Co., Ltd.; Jiangyin Huayi
Polymerization Co., Ltd.; Jiangyin Huaxing
Synthetic Co., Ltd.; and Jiangyin Xingsheng Plastic
Co., Ltd.
9 We have determined that Huahong and two
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 Memorandum for
Jiangyin Huahong Chemical Fiber Co., Ltd., Jiangyin
Huakai Polyester Co., Ltd., and Jiangyin Hongkai
Chemical Fiber Co., Ltd.,’’ dated December 18,
2017. Therefore, any reference to Huahong in this
notice refers to the collapsed entity including the
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
following companies: Jiangyin Huahong Chemical
Fiber Co., Ltd., Jiangyin Huakai Polyester Co., Ltd.,
and Jiangyin Hongkai Chemical Fiber Co., Ltd.
10 See Preliminary Decision Memorandum at
Separate Rate Section.
11 See, e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
Carboxymethyl cellulose from Finland, 70 FR 28279
(May 17, 2005).
12 See, e.g., Certain Stilbenic Optical Brightening
Agents from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 77
FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value:
Certain Cold-Rolled Flat-Rolled Carbon Quality
Steel Products from the People’s Republic of China,
65 FR 34660 (May 31, 2000), and accompanying
Issues and Decision Memorandum.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
13 See Issues and Decision Memorandum at 4–5
for additional information.
14 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, 29028 (June 27, 2017)
(Initiation Notice); see also Enforcement and
Compliance Policy Bulletin No. 05.1 ‘‘SeparateRates Practice and Application of Combination
Rates in Antidumping Investigations involving
Non-Market Economy Countries,’’ (April 5, 2005),
available on Commerce’s website at https://
enforcement.trade.gov/policy/bull05-1.pdf.
15 The dumping margin for the separate rate
companies is based on a simple average of the rates
from both mandatory respondents, offset by the
export subsidy adjustment for the all-others’ rate in
the companion countervailing duty case. See the
Issues and Decision Memorandum at 7 for
additional information.
E:\FR\FM\30MYN1.SGM
30MYN1
24742
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
Weightedaverage
margin
(percent)
Cash deposit
adjusted for
subsidy offset
(percent)
Producer
Exporter
Jiangsu Hengze Composite Materials Technology Co., Ltd./
Chuzhou Prosperity Environmental Protection Color Fiber
Co., Ltd./Jiangsu Xiang He Tai Fiber Technology Co., Ltd./
Jiangyin Hengfeng Chemical Fiber Co., Ltd./Jiangyin Shunze
Chemical Fiber Co., Ltd.
Zhejiang Jinfuchun Industrial Co., Ltd .........................................
Nanyang Textile Co., Ltd .............................................................
Ningbo Dafa Chemical Fiber Co. Ltd ..........................................
Zhaoqing Tifo New Fibre Co., Ltd ...............................................
Jiangyin Yueda Chemical Fiber Limited Company/Hangzhou
BenMa Chemical and Spinning Company Ltd./Yizheng
Chemical Fiber Limited Liability Company.
Yuyao Dafa Chemical Fiber Co., Ltd ...........................................
Jiangyin Jindun Chemical Fiber Co., Ltd .....................................
Jiangyin Yangxi International Trade Co., Ltd
68.70
68.64
Zhejiang Jinfuchun Industrial Co., Ltd ..........
Nanyang Textile Co., Ltd ..............................
Ningbo Dafa Chemical Fiber Co. Ltd ............
Zhaoqing Tifo New Fibre Co., Ltd ................
Unifi Textiles (Suzhou) Co., Ltd ....................
68.70
68.70
68.70
68.70
68.70
68.64
68.64
68.64
68.64
68.64
Yuyao Dafa Chemical Fiber Co., Ltd ............
Zhangjiagang City Hongtuo Chemical Fiber
Co., Ltd.
Zhejiang Linan Foreign Trade Co., Ltd .........
Suzhou Zhengbang Chemical Fiber Co., Ltd
68.70
68.70
68.64
68.64
68.70
68.70
68.64
68.64
103.06
103.00
Zhejiang Huashun Technology Co., Ltd ......................................
Suzhou Zhengbang Chemical Fiber Co., Ltd ..............................
China-Wide Entity
sradovich on DSK3GMQ082PROD with 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 China 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 19 CFR
351.210(d), upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combinations listed
in the table above will be the rate
identified in the table; (2) for all
combinations of Chinese exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
established for the China-wide entity;
and (3) for all non-Chinese exporters of
merchandise under consideration which
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate applicable to the
Chinese exporter/producer combination
that supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
Consistent with our practice, where
the product under investigation is also
subject to a concurrent countervailing
duty investigation, we will instruct CBP
to require a cash deposit equal to the
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
estimated amount by which the normal
value exceeds the export price or
constructed export price, adjusted
where appropriate for export
subsidies.16 Accordingly, as discussed
in further detail in the Issues and
Decision Memorandum, we have
adjusted the cash deposit rates for
Huahong, non-selected separate rate
respondents, and the China-wide entity
by 0.06 percent.17 These adjustments
are reflected in the final column of the
rate chart, above. Furthermore, we are
not adjusting the final determination for
estimated domestic subsidy passthrough because the respondents failed
to substantiate a subsidies-to-cost link
and a cost-to-price-link.18 Because a
companion countervailing duty order
has been issued,19 and suspension of
liquidation on fine denier PSF from
China continues pursuant to that order,
Commerce will continue to instruct CBP
to require cash deposits adjusted by the
16 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, Commerce makes an
adjustment for export subsidies in an LTFV
investigation not in the calculation of the weightedaverage dumping margin, but in the cash deposit
instructions issued to U.S. Customs and Border
Protection. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012
(August 8, 2006), and accompanying Issues and
Decision Memorandum at Comment 1.
17 See Issues and Decision Memorandum at pages
6–8.
18 Id. at Comment 2.
19 See 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 11681 (March
16, 2018).
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
amount of export subsidies, as
appropriate.
Disclosure
We will disclose to interested parties
the calculations performed in this
proceeding within five days of the date
of announcement of this determination
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 China 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
E:\FR\FM\30MYN1.SGM
30MYN1
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
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 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.
sradovich on DSK3GMQ082PROD with NOTICES
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. Selection and Corroboration of the
Adverse Facts Available Rate Applied to
the China-Wide Entity
VI. Adjustments to Cash Deposit Rates
VII. Discussion of the Issues
Comment 1: Surrogate Country and
Surrogate Value Selections for PTA
Comment 2: Hailun and Huahong’s Double
Remedy Adjustments
Comment 3: Calculations for Hailun’s
Purchased and Consigned PET Melt
VIII. Recommendation
[FR Doc. 2018–11714 Filed 5–29–18; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:04 May 29, 2018
Jkt 244001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–893]
Fine Denier Polyester Staple Fiber
From the Republic of Korea: 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 the Republic of Korea (Korea) 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:
Karine Gziryan or Celeste Chen, 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) 482–4081 of (202) 482–0890
respectively.
AGENCY:
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 Korea 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).
1 See Fine Denier Polyester Staple Fiber from
Korea: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 83 FR 660 (January 5, 2018), and
accompanying Preliminary Decision Memorandum
(collectively, Preliminary Determination).
2 See Memorandum, ‘‘Fine Denier Polyester
Staple Fiber from Korea: 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).
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
24743
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
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 Korea. For a complete description
of the scope of this investigation, see
Appendix I.
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 Taiwan, and Korea: 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, Korea, 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.
E:\FR\FM\30MYN1.SGM
30MYN1
]]>Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24740-24743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11714]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[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
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 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/.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 China. 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, we conducted
verifications of the sales and factors-of-production information
reported by Jiangyin Hailun Chemical Fiber Co., Ltd. (Hailun) \8\ and
[[Page 24741]]
Jiangyin Huahong Chemical Fiber Co., Ltd. (Huahong).\9\ We used
standard verification procedures, including an examination of relevant
accounting and production records and original source documents
provided by the respondents.
---------------------------------------------------------------------------
\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-Fair-Value
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 following companies: Jiangyin Hailun
Chemical Fiber Co., Ltd.; Jiangyin Xinlun Chemical Fiber Co., Ltd.;
Jiangyin Yunlun Chemical Fiber Co., Ltd.; Jiangyin Bolun Chemical
Fiber Co., Ltd.; Jiangyin Fenghua Synthetic Fiber Co., Ltd.;
Jiangyin Huamei Special Fiber Co., Ltd.; Jiangyin Huasheng
Polymerization Co., Ltd.; Jiangyin Huayi Polymerization Co., Ltd.;
Jiangyin Huaxing Synthetic Co., Ltd.; and Jiangyin Xingsheng Plastic
Co., Ltd.
\9\ We have determined that Huahong and two affiliates should be
collapsed and treated as a single entity for purposes of this
investigation. See Memorandum from Commerce, ``Less-Than-Fair-Value
Investigation of Fine Denier Polyester Staple Fiber from the
People's Republic of China: Affiliation and Collapsing Memorandum
for Jiangyin Huahong Chemical Fiber Co., Ltd., Jiangyin Huakai
Polyester Co., Ltd., and Jiangyin Hongkai Chemical Fiber Co.,
Ltd.,'' dated December 18, 2017. Therefore, any reference to Huahong
in this notice refers to the collapsed entity including the
following companies: Jiangyin Huahong Chemical Fiber Co., Ltd.,
Jiangyin Huakai Polyester Co., Ltd., and Jiangyin Hongkai Chemical
Fiber Co., Ltd.
---------------------------------------------------------------------------
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.
Changes to the Dumping Margin Since the Preliminary Determination
Based on Commerce's analysis of the comments received and findings
at verification, we made certain changes to our dumping margin
calculations. For further discussion, see the Issues and Decision
Memorandum.
China-Wide Entity
For the reasons explained in the Preliminary Determination, we are
continuing to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act, is appropriate and are
applying a rate based entirely on AFA to the China-wide entity.
Commerce did not receive timely responses to its quantity and value
(Q&V) questionnaire, separate rate applications, or separate rate
supplemental questionnaires from certain exporters and/or producers of
subject merchandise that were named in the petition and to which
Commerce issued Q&V questionnaires.\10\ As these non-responsive China
companies did not demonstrate that they are eligible for separate rate
status, Commerce continues to consider them to be a part of the China-
wide entity. Consequently, we continue to find that the China-wide
entity withheld requested information, significantly impeded the
proceeding, and failed to cooperate to the best of their abilities, and
thus we are continuing to base the China-wide entity's rate on AFA.
---------------------------------------------------------------------------
\10\ See Preliminary Decision Memorandum at Separate Rate
Section.
---------------------------------------------------------------------------
China-Wide Rate
In selecting the AFA rate for the China-wide entity, Commerce's
practice is to select a rate that is sufficiently adverse to ensure
that the uncooperative party does not obtain a more favorable result by
failing to cooperate than if it had fully cooperated.\11\ Specifically,
it is Commerce's practice to select, as an AFA rate, the higher of: (a)
The highest dumping margin alleged in the petition; or, (b) the highest
calculated dumping margin of any respondent in the investigation.\12\
As AFA, Commerce has assigned to the China-wide entity the rate of
103.06 percent, which is the highest dumping margin alleged in the
petition.\13\
---------------------------------------------------------------------------
\11\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl cellulose from Finland,
70 FR 28279 (May 17, 2005).
\12\ See, e.g., Certain Stilbenic Optical Brightening Agents
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and
Decision Memorandum.
\13\ See Issues and Decision Memorandum at 4-5 for additional
information.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
combination rates for the respondents that are eligible for a separate
rate in this investigation.\14\ Accordingly, we have assigned
combination rates to Hailun and Huahong, along with 14 other companies
receiving a separate rate, as provided in the ``Final Determination''
section below.\15\
---------------------------------------------------------------------------
\14\ 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, 29028 (June 27, 2017) (Initiation
Notice); see also Enforcement and Compliance Policy Bulletin No.
05.1 ``Separate-Rates Practice and Application of Combination Rates
in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005), available on Commerce's website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
\15\ The dumping margin for the separate rate companies is based
on a simple average of the rates from both mandatory respondents,
offset by the export subsidy adjustment for the all-others' rate in
the companion countervailing duty case. See the Issues and Decision
Memorandum at 7 for additional information.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Weighted- Cash deposit
average adjusted for
Producer Exporter margin subsidy offset
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Jiangyin Hailun Chemical Fiber Co. Ltd./ Jiangyin Hailun Chemical Fiber 72.22 72.22
Jiangyin Xinlun Chemical Fiber Co., Ltd./ Co. Ltd.
Jiangyin Yunlun Chemical Fiber Co., Ltd./
Jiangyin Bolun Chemical Fiber Co., Ltd./
Jiangyin Fenghua Synthetic Fiber Co., Ltd./
Jiangyin Huamei Special Fiber Co., Ltd./
Jiangyin Huasheng Polymerization Co., Ltd./
Jiangyin Huayi Polymerization Co., Ltd./
Jiangyin Huaxing Synthetic Co., Ltd./Jiangyin
Xingsheng Plastic Co., Ltd.
Jiangyin Huahong Chemical Fiber Co., Ltd./ Jiangyin Huahong Chemical Fiber 65.17 65.11
Jiangyin Huakai Polyester Co., Ltd./Jiangyin Co., Ltd.
Hongkai Chemical Fiber Co., Ltd.
Hangzhou Best Chemical Fiber Co., Ltd......... Hangzhou Best Chemical Fiber 68.70 68.64
Co., Ltd.
Cixi Jiangnan Chemical Fiber Co. Ltd.......... Cixi Jiangnan Chemical Fiber Co. 68.70 68.64
Ltd.
Jiangsu Xinsu Chemical Fiber Co., Ltd......... Jiangsu Xinsu Chemical Fiber 68.70 68.64
Co., Ltd.
Jiangyin Jinyan Chemical Fiber Co., Ltd./ Jiangyin Jinyan Chemical Fiber 68.70 68.64
Jiangsu Xiang He Tai Fiber Technology Co., Co., Ltd.
Ltd.
[[Page 24742]]
Jiangsu Hengze Composite Materials Technology Jiangyin Yangxi International 68.70 68.64
Co., Ltd./Chuzhou Prosperity Environmental Trade Co., Ltd.
Protection Color Fiber Co., Ltd./Jiangsu
Xiang He Tai Fiber Technology Co., Ltd./
Jiangyin Hengfeng Chemical Fiber Co., Ltd./
Jiangyin Shunze Chemical Fiber Co., Ltd.
Zhejiang Jinfuchun Industrial Co., Ltd........ Zhejiang Jinfuchun Industrial 68.70 68.64
Co., Ltd.
Nanyang Textile Co., Ltd...................... Nanyang Textile Co., Ltd........ 68.70 68.64
Ningbo Dafa Chemical Fiber Co. Ltd............ Ningbo Dafa Chemical Fiber Co. 68.70 68.64
Ltd.
Zhaoqing Tifo New Fibre Co., Ltd.............. Zhaoqing Tifo New Fibre Co., Ltd 68.70 68.64
Jiangyin Yueda Chemical Fiber Limited Company/ Unifi Textiles (Suzhou) Co., Ltd 68.70 68.64
Hangzhou BenMa Chemical and Spinning Company
Ltd./Yizheng Chemical Fiber Limited Liability
Company.
Yuyao Dafa Chemical Fiber Co., Ltd............ Yuyao Dafa Chemical Fiber Co., 68.70 68.64
Ltd.
Jiangyin Jindun Chemical Fiber Co., Ltd....... Zhangjiagang City Hongtuo 68.70 68.64
Chemical Fiber Co., Ltd.
Zhejiang Huashun Technology Co., Ltd.......... Zhejiang Linan Foreign Trade 68.70 68.64
Co., Ltd.
Suzhou Zhengbang Chemical Fiber Co., Ltd...... Suzhou Zhengbang Chemical Fiber 68.70 68.64
Co., Ltd.
---------------------------------------------------------------------------------
China-Wide Entity 103.06 103.00
----------------------------------------------------------------------------------------------------------------
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
China 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 19 CFR 351.210(d), upon the publication of
this notice, Commerce will instruct CBP to require a cash deposit equal
to the weighted-average amount by which the normal value exceeds U.S.
price as follows: (1) The cash deposit rate for the exporter/producer
combinations listed in the table above will be the rate identified in
the table; (2) for all combinations of Chinese exporters/producers of
merchandise under consideration that have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate established for the China-wide entity; and (3) for all non-Chinese
exporters of merchandise under consideration which have not received
their own separate rate above, the cash-deposit rate will be the cash
deposit rate applicable to the Chinese exporter/producer combination
that supplied that non-Chinese exporter. These suspension of
liquidation instructions will remain in effect until further notice.
Consistent with our practice, where the product under investigation
is also subject to a concurrent countervailing duty investigation, we
will instruct CBP to require a cash deposit equal to the estimated
amount by which the normal value exceeds the export price or
constructed export price, adjusted where appropriate for export
subsidies.\16\ Accordingly, as discussed in further detail in the
Issues and Decision Memorandum, we have adjusted the cash deposit rates
for Huahong, non-selected separate rate respondents, and the China-wide
entity by 0.06 percent.\17\ These adjustments are reflected in the
final column of the rate chart, above. Furthermore, we are not
adjusting the final determination for estimated domestic subsidy pass-
through because the respondents failed to substantiate a subsidies-to-
cost link and a cost-to-price-link.\18\ Because a companion
countervailing duty order has been issued,\19\ and suspension of
liquidation on fine denier PSF from China continues pursuant to that
order, Commerce will continue to instruct CBP to require cash deposits
adjusted by the amount of export subsidies, as appropriate.
---------------------------------------------------------------------------
\16\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, Commerce makes an adjustment for export
subsidies in an LTFV investigation not in the calculation of the
weighted-average dumping margin, but in the cash deposit
instructions issued to U.S. Customs and Border Protection. See
Notice of Final Determination of Sales at Less Than Fair Value, and
Negative Determination of Critical Circumstances: Certain Lined
Paper Products from India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at Comment 1.
\17\ See Issues and Decision Memorandum at pages 6-8.
\18\ Id. at Comment 2.
\19\ See 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 11681 (March 16, 2018).
---------------------------------------------------------------------------
Disclosure
We will disclose to interested parties the calculations performed
in this proceeding within five days of the date of announcement of this
determination 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 China 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
[[Page 24743]]
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. Selection and Corroboration of the Adverse Facts Available Rate
Applied to the China-Wide Entity
VI. Adjustments to Cash Deposit Rates
VII. Discussion of the Issues
Comment 1: Surrogate Country and Surrogate Value Selections for
PTA
Comment 2: Hailun and Huahong's Double Remedy Adjustments
Comment 3: Calculations for Hailun's Purchased and Consigned PET
Melt
VIII. Recommendation
[FR Doc. 2018-11714 Filed 5-29-18; 8:45 am]
BILLING CODE 3510-DS-P
