Low Melt Polyester Staple Fiber From Taiwan: Final Determination of Sales at Less Than Fair Value, 29099-29100 [2018-13449]

Download as PDF Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioners 2 submit a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioners must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On June 1, 2018, the petitioners submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.3 The petitioners stated that they request postponement to, among other things, permit Commerce to issue and receive supplemental questionnaires prior to the preliminary determination.4 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than August 24, 2018. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). 2 The petitioners are the Cast Iron Soil Pipe Institute and its individual members, AB&I Foundry, Charlotte Pipe & Foundry, and Tyler Pipe. 3 See the petitioners’ letter, ‘‘Cast Iron Soil Pipe from the People’s Republic of China: Request to Extend the Preliminary Determination,’’ dated June 1, 2018. 4 Id. VerDate Sep<11>2014 17:16 Jun 21, 2018 Jkt 244001 Dated: June 15, 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. [FR Doc. 2018–13422 Filed 6–21–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–861] Low Melt Polyester Staple Fiber From Taiwan: Final 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 imports of low melt polyester staple fiber (low melt PSF) from Taiwan 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. 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: Rebecca Janz or Ajay Menon, 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) 482–2972 or (202) 482–1993. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 2, 2018, Commerce published the Preliminary Determination of sales at LTFV of low melt PSF from Taiwan, 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 1 See Low Melt 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 4903 (February 2, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 29099 Memorandum, which is adopted by this notice.2 Scope of the Investigation The product covered by this investigation is low melt PSF from Taiwan. 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 brief submitted by the petitioner 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 http://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) in January and February 2018, we conducted verification of the sales and cost information submitted by Far Eastern New Century Corporation (FENC) 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 FENC.3 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 Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 For discussion of our verification findings, see the following memoranda: Memorandum, ‘‘Verification of Far Eastern New Century Corporation in the Antidumping Duty Investigation of Low Melt Polyester Staple Fiber from Taiwan,’’ dated March 14, 2018; and Memorandum, ‘‘Verification of the Sales Response of Far Eastern E:\FR\FM\22JNN1.SGM Continued 22JNN1 29100 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 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 FENC. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage 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 on facts otherwise available under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for FENC, the only individually investigated exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, for purposes of determining the ‘‘all-others’’ rate pursuant to section 735(c)(5)(A) of the Act, we are using the estimated weighted-average dumping margin calculated for FENC, as referenced in the ‘‘Final Determination’’ section below. Final Determination The final estimated weighted-average dumping margins are as follows: Weightedaverage dumping margin (percent) Exporter or producer Far eastern new century corporation .... All Others ............................................... 49.93 49.93 daltland on DSKBBV9HB2PROD with NOTICES 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 New Century Corporation (FENC) in the Antidumping Investigation of Low Melt Polyester Staple Fiber from Taiwan,’’ dated April 2, 2018. VerDate Sep<11>2014 17:16 Jun 21, 2018 Jkt 244001 entries of low melt polyester staple fiber, 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.4 These suspension of liquidation instructions will remain in effect until further notice. with the regulations and the terms of an APO is a sanctionable violation. International Trade Commission Notification Appendix I 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 Taiwan 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 written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply 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. 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. 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. Treatment of FENC’s Corrections Presented Prior to Verification 2. Revising FENC’s Major Input Adjustment to Reflect Cost Verification Findings VI. Recommendation [FR Doc. 2018–13449 Filed 6–21–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Marine Mammal Protection Act Annual Supplemental Data Report National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: 4 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 ACTION: E:\FR\FM\22JNN1.SGM Notice. 22JNN1

Agencies

[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29099-29100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13449]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-861]


Low Melt Polyester Staple Fiber From Taiwan: Final 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 imports 
of low melt polyester staple fiber (low melt PSF) from Taiwan 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. 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: Rebecca Janz or Ajay Menon, 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) 482-2972 or (202) 482-1993.

SUPPLEMENTARY INFORMATION: 

Background

    On February 2, 2018, Commerce published the Preliminary 
Determination of sales at LTFV of low melt PSF from Taiwan, 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 Taiwan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 4903 (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 Taiwan,'' 
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 
Taiwan. 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 brief submitted by the petitioner 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 http://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) in January and February 2018, we conducted 
verification of the sales and cost information submitted by Far Eastern 
New Century Corporation (FENC) 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 FENC.\3\
---------------------------------------------------------------------------

    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of Far Eastern New 
Century Corporation in the Antidumping Duty Investigation of Low 
Melt Polyester Staple Fiber from Taiwan,'' dated March 14, 2018; and 
Memorandum, ``Verification of the Sales Response of Far Eastern New 
Century Corporation (FENC) in the Antidumping Investigation of Low 
Melt Polyester Staple Fiber from Taiwan,'' dated April 2, 2018.

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[[Page 29100]]

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 
FENC. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

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 on facts otherwise 
available under section 776 of the Act. Commerce calculated an 
individual estimated weighted-average dumping margin for FENC, the only 
individually investigated exporter/producer in this investigation. 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, for purposes 
of determining the ``all-others'' rate pursuant to section 735(c)(5)(A) 
of the Act, we are using the estimated weighted-average dumping margin 
calculated for FENC, 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)
------------------------------------------------------------------------
Far eastern new century corporation..........................      49.93
All Others...................................................      49.93
------------------------------------------------------------------------

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 polyester 
staple fiber, 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.\4\
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    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 Taiwan 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 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. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
    1. Treatment of FENC's Corrections Presented Prior to 
Verification
    2. Revising FENC's Major Input Adjustment to Reflect Cost 
Verification Findings
VI. Recommendation

[FR Doc. 2018-13449 Filed 6-21-18; 8:45 am]
 BILLING CODE 3510-DS-P