Low Melt Polyester Staple Fiber From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 29094-29096 [2018-13448]
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29094
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
8482.99.4500. While the HTSUS subheadings
are provided for convenience and for
customs purposes, the written description of
the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Allegation of a Particular Market
Situation (PMS) in Korea
2. Affiliation With Hyundai Motor
Company (HMC)
3. Using New Prototype Sales in the
Calculation of Normal Value (NV) and
U.S. Price
4. Reclassifying Certain Prototype Sales as
Export Price (EP)
5. Post-Sale Price Adjustments
6. Constructed Export Price (CEP) Offset
7. Calculating Financial Expenses
8. Applying Partial Adverse Facts
Available (AFA) to Direct Material Costs
9. Unreported Home Market Sales
10. Level of Trade (LOT) and CEP Offset
11. Home Market Rebates
12. Home Market Billing Adjustments
13. U.S. Movement Expenses in Korea
14. U.S. Movement Expenses in the United
States
15. U.S. Warehousing Expenses
16. Calculation of U.S. Duties
17. U.S. Billing Adjustments
18. Rebates Granted on U.S. Sales
19. Borrowing Rate for U.S. Credit
Expenses
20. Classifying Certain Sales as EP
21. Calculating Financial Expenses
22. Commerce’s Schedule for Submitting
Case Briefs
VI. Recommendation
[FR Doc. 2018–13447 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Final
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
low melt polyester staple fiber (low melt
PSF) from the Republic of Korea (Korea)
are being, or are likely to be, sold in the
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
8482.20.0080, and products entering under
8482.99.1550 entered under 8482.99.1540.
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17:16 Jun 21, 2018
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United States at less than fair value
(LTFV) during the period of
investigation (POI) April 1, 2016,
through March 31, 2017. In addition, we
determine that critical circumstances
exist with respect to certain imports of
the subject merchandise. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Brittany Bauer, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3860.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2018, Commerce
published the Preliminary
Determination of sales at LTFV of low
melt PSF from Korea, in which we also
postponed the final determination until
June 18, 2018.1 We invited interested
parties to comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is adopted by this
notice.2
Scope of the Investigation
The product covered by this
investigation is low melt PSF from
Korea. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice. For a
discussion of changes to the scope since
the Preliminary Determination, see the
‘‘Scope of the Investigation’’ section of
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by submitted by parties in
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 83 FR 4906 (February 2, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Low Melt Polyester Staple Fiber
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
this investigation are addressed in the
Issues and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. 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 it is available to
all parties in the Central Records Unit,
Room B–8024 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/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
from February through March 2018, we
conducted verification of the sales and
cost information submitted by Huvis
Corporation (Huvis) and Toray
Chemical Korea Inc. (TCK) (collectively,
the respondents) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Huvis and
TCK.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for the
respondents. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
3 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Sales Response of Huvis
Corporation in the Antidumping Duty Investigation
of Low Melt Polyester Staple Fiber from the
Republic of Korea,’’ dated April 9, 2018;
Memorandum, ‘‘Verification of the Cost Response of
Huvis Corporation in the Antidumping Duty
Investigation of Low Melt Polyester Staple Fiber
from the Republic of Korea,’’ dated April 12, 2018;
Memorandum, ‘‘Verification of the Sales Response
of Toray Chemical Korea Inc. in the Antidumping
Duty Investigation of Low Melt Polyester Staple
Fiber from the Republic of Korea,’’ dated April 9,
2018; and Memorandum, ‘‘Verification of the Cost
Response of Toray Chemical Korea, Inc. in the
Antidumping Duty Investigation of Low Melt
Polyester Staple Fiber from the Republic of Korea,’’
dated April 6, 2018.
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Final Affirmative Determination of
Critical Circumstances, in Part
For the Preliminary Determination,
Commerce found that critical
circumstances did not exist for Huvis,
but did with respect to imports of low
melt PSF from TCK and all other
companies.4 For the final determination,
we continue to find that critical
circumstances do not exist for Huvis
and exist for TCK. However, based on
our analysis of import volumes, we now
find that critical circumstances do not
exist for ‘‘all others.’’ For further
discussion, see the Issues and Decision
Memorandum at ‘‘Critical
Circumstances.’’ Thus, pursuant to
section 735(a)(3) of the Act, and 19 CFR
351.206, we find that critical
circumstances exist with respect to
subject merchandise produced or
exported by TCK.
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of low melt PSF, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after February 2,
2018, the date of publication in the
Federal Register of the affirmative
Preliminary Determination. Further, we
will instruct CBP to require a cash
deposit equal to the estimated weightedaverage dumping margins indicated in
the chart above.5 Because the estimated
weighted-average dumping margin for
All-Others Rate
Huvis is zero, entries of shipments of
subject merchandise both produced and
Section 735(c)(5)(A) of the Act
exported by Huvis will not be subject to
provides that the estimated weightedsuspension of liquidation or cash
average dumping margin for all-other
deposit requirements. In such
producers and exporters not
situations, Commerce applies the
individually investigated shall be equal
to the weighted average of the estimated exclusion to the provisional measures to
the producer/exporter combination that
weighted-average dumping margins
was examined in the investigation.
established for exporters and producers
Accordingly, Commerce is directing
individually investigated excluding
CBP to not suspend liquidation of
rates that are zero, de minimis, or
entries of subject merchandise both
determined entirely under section 776
exported and produced by Huvis.
of the Act. TCK is the only respondent
However, entries of shipments of subject
for which Commerce calculated an
merchandise from Huvis in any other
estimated weighted-average dumping
producer/exporter combination, or by
margin that is not zero, de minimis, or
third parties that sourced subject
based entirely on facts otherwise
merchandise from the excluded
available. Therefore, for purposes of
producer/exporter combination, are
determining the ‘‘all-others’’ rate, and
subject to the cash deposit requirements
pursuant to section 735(c)(5)(A) of the
at the all-others rate.
Act, we are using the estimated
For entries made by TCK, in
weighted-average dumping margin
accordance with section 735(c)(4)(B) of
calculated for TCK, as referenced in the
the Act, because we continue to find
‘‘Final Determination’’ section below.
that critical circumstances exist, we will
instruct CBP to continue to suspend
Final Determination
liquidation of all appropriate entries of
The final estimated weighted-average
low melt PSF from Korea which were
dumping margins are as follows:
entered, or withdrawn from warehouse,
Weighted- for consumption on or after November
4, 2017, which is 90 days prior to the
average
Exporter or producer
dumping
date of publication of the preliminary
margin
determination of this investigation in
(percent)
the Federal Register.
With regard to companies covered by
Huvis Corporation .......................
0.00
Toray Chemical Korea Inc ..........
16.27 the ‘‘all-others’’ rate, we will instruct
All Others ....................................
16.27 CBP to suspend liquidation of all entries
made by companies subject to the allothers rate of low melt PSF from Korea
Disclosure
which were entered, or withdrawn from
We will disclose the calculations
warehouse, for consumption on or after
performed in this final determination
within five days of the date of
5 See Modification of Regulations Regarding the
4 See
Preliminary Determination, and
accompanying Preliminary Decision Memorandum,
at 16 to 21.
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Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
PO 00000
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Sfmt 4703
29095
February 2, 2018, the date of the
publication of the Preliminary
Determination of this investigation in
the Federal Register. However, because
we did not find that critical
circumstances exist with regard to
companies covered by the ‘‘all-others’’
rate, in accordance with 735(c)(1)(B) of
the Act, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure payment of
estimated antidumping duties with
respect to entries of low melt PSF from
Korea entered, or withdrawn from
warehouse, for consumption on or after
November 4, 2017 (i.e., 90 days prior to
the date of publication of the
Preliminary Determination), but before
February 2, 2018, (i.e., the date of
publication of the Preliminary
Determination of this investigation in
the Federal Register).
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) 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, or
sales (or the likelihood of sales) for
importation of low melt PSF from Korea
no later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits 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 all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
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
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29096
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
written notification of 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 sanctionable violation.
Notification to Interested Parties
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: June 18, 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 subject to this
investigation is synthetic staple fibers, not
carded or combed, specifically bi-component
polyester fibers having a polyester fiber
component that melts at a lower temperature
than the other polyester fiber component
(low melt PSF). The scope includes bicomponent polyester staple fibers of any
denier or cut length. The subject
merchandise may be coated, usually with a
finish or dye, or not coated.
Low melt PSF is classifiable under the
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided
for convenience and customs purposes, the
written description of the scope of the
merchandise under the investigation is
dispositive.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Huvis
1. Major Input Rule
2. U.S. Bank Charges
3. Duty Drawback for Huvis
4. Critical Circumstances
5. Corrections Found at Verification
TCK
6. Denier Range Reporting
7. U.S. Destination Reporting
8. TCK’s Unpaid Sales
9. Duty Drawback Adjustment for TCK
10. General and Administrative (G&A)
Expense Rate for TCK
11. Financial Expense Rate
12. TCK’s Affiliated Party Inputs
13. Selling, General and Administrative
(SG&A) Expense Rate for Toray
International
VII. Recommendation
[FR Doc. 2018–13448 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–076]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain plastic decorative ribbon from
the People’s Republic of China (China).
The period of investigation is January 1,
2016, through December 31, 2016.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan or Nancy Decker, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–0895 or 202–482–0196,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 23, 2018.1 Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through January 22, 2018.2 On March
12, 2018, Commerce postponed the
deadline for the preliminary
determination of the investigation to the
full 130 days permitted under section
703(c)(1)(A) of the Act and 19 CFR
351.205(b)(2), and the revised deadline
is now May 29, 2018.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
1 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 3114
(January 23, 2018) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
3 See Certain Plastic Decorative Ribbon from the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 83 FR 10677 (March 12, 2018).
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Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are certain plastic
decorative ribbon from China. For a
complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is currently
evaluating the scope comments filed by
the interested parties. Commerce
intends to issue its preliminary decision
regarding the scope of the AD and CVD
investigations in the preliminary
determination of the companion AD
investigation, which is currently due no
later than July 30, 2018, unless
postponed. The preliminary scope
decision will be placed on the record of
both the AD and CVD investigations,
and interested parties will have the
opportunity to comment prior to the
final CVD determination.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain Plastic
Decorative Ribbon from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
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Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29094-29096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13448]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of low melt polyester staple fiber (low melt PSF) from the Republic of
Korea (Korea) are being, or are likely to be, sold in the United States
at less than fair value (LTFV) during the period of investigation (POI)
April 1, 2016, through March 31, 2017. In addition, we determine that
critical circumstances exist with respect to certain imports of the
subject merchandise. The final dumping margins of sales at LTFV are
listed below in the ``Final Determination'' section of this notice.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Brittany Bauer, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-3860.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2018, Commerce published the Preliminary
Determination of sales at LTFV of low melt PSF from Korea, in which we
also postponed the final determination until June 18, 2018.\1\ We
invited interested parties to comment on the Preliminary Determination.
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum, which is adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 4906 (February 2, 2018)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Low Melt Polyester Staple Fiber from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is low melt PSF from
Korea. For a full description of the scope of this investigation, see
the ``Scope of the Investigation'' in Appendix I of this notice. For a
discussion of changes to the scope since the Preliminary Determination,
see the ``Scope of the Investigation'' section of the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum accompanying this notice. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice as
Appendix II. 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 it is available to all parties in the Central
Records Unit, Room B-8024 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/. The signed and electronic versions of the Issues and
Decision Memorandum are identical in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as
amended, (the Act) from February through March 2018, we conducted
verification of the sales and cost information submitted by Huvis
Corporation (Huvis) and Toray Chemical Korea Inc. (TCK) (collectively,
the respondents) for use in our final determination. We used standard
verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by Huvis and TCK.\3\
---------------------------------------------------------------------------
\3\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Verification of the Sales
Response of Huvis Corporation in the Antidumping Duty Investigation
of Low Melt Polyester Staple Fiber from the Republic of Korea,''
dated April 9, 2018; Memorandum, ``Verification of the Cost Response
of Huvis Corporation in the Antidumping Duty Investigation of Low
Melt Polyester Staple Fiber from the Republic of Korea,'' dated
April 12, 2018; Memorandum, ``Verification of the Sales Response of
Toray Chemical Korea Inc. in the Antidumping Duty Investigation of
Low Melt Polyester Staple Fiber from the Republic of Korea,'' dated
April 9, 2018; and Memorandum, ``Verification of the Cost Response
of Toray Chemical Korea, Inc. in the Antidumping Duty Investigation
of Low Melt Polyester Staple Fiber from the Republic of Korea,''
dated April 6, 2018.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
the respondents. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
[[Page 29095]]
Final Affirmative Determination of Critical Circumstances, in Part
For the Preliminary Determination, Commerce found that critical
circumstances did not exist for Huvis, but did with respect to imports
of low melt PSF from TCK and all other companies.\4\ For the final
determination, we continue to find that critical circumstances do not
exist for Huvis and exist for TCK. However, based on our analysis of
import volumes, we now find that critical circumstances do not exist
for ``all others.'' For further discussion, see the Issues and Decision
Memorandum at ``Critical Circumstances.'' Thus, pursuant to section
735(a)(3) of the Act, and 19 CFR 351.206, we find that critical
circumstances exist with respect to subject merchandise produced or
exported by TCK.
---------------------------------------------------------------------------
\4\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum, at 16 to 21.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all-other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. TCK is the only respondent for which Commerce calculated an
estimated weighted-average dumping margin that is not zero, de minimis,
or based entirely on facts otherwise available. Therefore, for purposes
of determining the ``all-others'' rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the estimated weighted-average
dumping margin calculated for TCK, as referenced in the ``Final
Determination'' section below.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Huvis Corporation........................................... 0.00
Toray Chemical Korea Inc.................................... 16.27
All Others.................................................. 16.27
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of low melt PSF, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after February 2, 2018, the date
of publication in the Federal Register of the affirmative Preliminary
Determination. Further, we will instruct CBP to require a cash deposit
equal to the estimated weighted-average dumping margins indicated in
the chart above.\5\ Because the estimated weighted-average dumping
margin for Huvis is zero, entries of shipments of subject merchandise
both produced and exported by Huvis 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 both exported and produced by Huvis.
However, entries of shipments of subject merchandise from Huvis in any
other producer/exporter combination, or by third parties that sourced
subject merchandise from the excluded producer/exporter combination,
are subject to the cash deposit requirements at the all-others rate.
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\5\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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For entries made by TCK, in accordance with section 735(c)(4)(B) of
the Act, because we continue to find that critical circumstances exist,
we will instruct CBP to continue to suspend liquidation of all
appropriate entries of low melt PSF from Korea which were entered, or
withdrawn from warehouse, for consumption on or after November 4, 2017,
which is 90 days prior to the date of publication of the preliminary
determination of this investigation in the Federal Register.
With regard to companies covered by the ``all-others'' rate, we
will instruct CBP to suspend liquidation of all entries made by
companies subject to the all-others rate of low melt PSF from Korea
which were entered, or withdrawn from warehouse, for consumption on or
after February 2, 2018, the date of the publication of the Preliminary
Determination of this investigation in the Federal Register. However,
because we did not find that critical circumstances exist with regard
to companies covered by the ``all-others'' rate, in accordance with
735(c)(1)(B) of the Act, we will instruct CBP to lift suspension and to
refund any cash deposits made to secure payment of estimated
antidumping duties with respect to entries of low melt PSF from Korea
entered, or withdrawn from warehouse, for consumption on or after
November 4, 2017 (i.e., 90 days prior to the date of publication of the
Preliminary Determination), but before February 2, 2018, (i.e., the
date of publication of the Preliminary Determination of this
investigation in the Federal Register).
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) 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, or sales (or the likelihood of
sales) for importation of low melt PSF from Korea no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated and all cash
deposits 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 all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
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
[[Page 29096]]
written notification of 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
sanctionable violation.
Notification to Interested Parties
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: June 18, 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 subject to this investigation is synthetic
staple fibers, not carded or combed, specifically bi-component
polyester fibers having a polyester fiber component that melts at a
lower temperature than the other polyester fiber component (low melt
PSF). The scope includes bi-component polyester staple fibers of any
denier or cut length. The subject merchandise may be coated, usually
with a finish or dye, or not coated.
Low melt PSF is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the scope of the
merchandise under the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Huvis
1. Major Input Rule
2. U.S. Bank Charges
3. Duty Drawback for Huvis
4. Critical Circumstances
5. Corrections Found at Verification
TCK
6. Denier Range Reporting
7. U.S. Destination Reporting
8. TCK's Unpaid Sales
9. Duty Drawback Adjustment for TCK
10. General and Administrative (G&A) Expense Rate for TCK
11. Financial Expense Rate
12. TCK's Affiliated Party Inputs
13. Selling, General and Administrative (SG&A) Expense Rate for
Toray International
VII. Recommendation
[FR Doc. 2018-13448 Filed 6-21-18; 8:45 am]
BILLING CODE 3510-DS-P