Certain Polyester Staple Fiber From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review, 64330-64331 [2018-27121]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64330-64331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27121]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Notice of Court Decision Not in Harmony With Final Results of 
Antidumping Duty Administrative Review and Notice of Amended Final 
Results of Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 30, 2018, the United States Court of International 
Trade (CIT or the Court) sustained the final results of redetermination 
pertaining to the antidumping duty (AD) administrative review of 
certain polyester staple fiber (PSF) from the People's Republic of 
China (China) for the period of review (POR) June 1, 2010, through May 
31, 2011. The Department of Commerce (Commerce) is notifying the public 
that the final judgment in this case is not in harmony with the final 
results of the AD administrative review of the antidumping duty order 
on PSF from China and that Commerce is amending the final results with 
respect to the AD cash deposit rate assigned to Zhaoqing Tifo New Fibre 
Co., Ltd (Zhaoqing Tifo).

DATES: Applicable December 10, 2018.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone (202) 482-4047.

SUPPLEMENTARY INFORMATION: 

Background

    On January 11, 2013, Commerce published its Final Results of the 
2010-2011 AD administrative review of PSF from China.\1\ On April 7, 
2015, the CIT remanded the Final Results to Commerce to reconsider the 
dumping margin calculation for Zhaoqing Tifo and to consider any 
potential for double counting of energy inputs by the inclusion of coal 
as a factor of production (FOP), as alleged by Zhaoqing Tifo.\2\ In its 
First Remand Redetermination, Commerce relied upon a different set of 
financial statements that allowed Commerce to more accurately calculate 
Zhaoqing Tifo's dumping margin while also addressing any concerns of 
double counting of energy inputs.\3\ On August 30, 2017, the Court 
remanded this issue to Commerce a second time, finding that Commerce's 
selection of financial statements was not timely challenged by any 
party and was, thus, beyond the scope of the remand in Zhaoqing Tifo 
I.\4\ Therefore, the Court instructed Commerce to reconsider how the 
surrogate financial ratios originally used in Final Results account for 
energy sources and whether the inclusion of coal in the FOP database 
results in double-counting.\5\ In its Second Remand Redetermination, 
under respectful protest,\6\ Commerce relied on the financial 
statements used in the Final Results,\7\ and removed coal as a factor 
of production from the dumping margin calculation to address the 
Court's concern over potential double counting of energy inputs.\8\ On 
November 30, 2018, the CIT sustained Commerce's Second Remand 
Redetermination.\9\
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    \1\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 78 FR 2366 (January 11, 2013) (Final Results) and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, 60 
F. Supp. 3d 1328 (CIT 2015) (Zhaoqing Tifo I).
    \3\ See Final Results of Redetermination Pursuant to Zhaoqing 
Tifo New Fibre Co., Ltd. v. United States, Court No. 13-00044, Slip 
Op. 15-31 (April 9, 2015), dated July 9, 2015 (First Remand 
Redetermination).
    \4\ See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, 256 
F. Supp. 3d 1314, 1334 (CIT 2017) (Zhaoqing II).
    \5\ Id., 256 F. Supp. 3d at 1337.
    \6\ See Viraj Grp, Ltd. v. United States, 343 F.3d 1371, 1376 
(Fed. Cir. 2003).
    \7\ Final Results, 78 FR at 2368, and accompanying IDM at 
Comment 2.
    \8\ See Final Results of Redetermination Pursuant to Court 
Remand Zhaoqing Tifo New Fibre Co., Ltd. v. United States, Court No. 
13-00044, Slip Op. 17-118 (CIT August 30, 2017), dated November 6, 
2017 (Second Remand Redetermination).
    \9\ See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, 
Court No. 13-00044, Slip Op. 18-168 (CIT November 30, 2018).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit (CAFC) held 
that, pursuant to section 516A of the Tariff Act of 1930, as amended 
(the Act), Commerce must publish a notice of a court decision that is 
not ``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision.\12\ The 
CIT's November 30, 2018, final judgment affirming the Second Remand 
Redetermination constitutes a final decision of the Court that is not 
in harmony with Commerce's Final Results. This notice is published in 
fulfillment of the publication requirements of Timken and section 516A 
of the Act.
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    \10\ See Timken Co., v United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \12\ See Sections 516A(c) and (e) of the Act.
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results. Commerce finds that the revised AD dumping margin 
for Zhaoqing Tifo is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
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Zhaoqing Tifo New Fiber Co., Ltd.......................            0.00
------------------------------------------------------------------------

    Accordingly, Commerce will continue the suspension of liquidation 
of the subject merchandise pending the expiration of the period of 
appeal or, if appealed, pending a final and conclusive court decision. 
In the event the Court's ruling is not appealed or, if appealed, upheld 
by the CAFC, Commerce will instruct U.S. Customs and Border Protection 
to assess antidumping duties on unliquidated entries of subject 
merchandise exported

[[Page 64331]]

by Zhaoqing Tifo using the assessment rate calculated by Commerce 
listed above.

Cash Deposit Requirements

    Because cash deposit rate for Zhaoqing Tifo has been superseded by 
cash deposit rates calculated in intervening administrative reviews of 
the AD order on PSF from China, we will not alter the cash deposit rate 
for Zhaoqing Tifo.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: December 10, 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. 2018-27121 Filed 12-13-18; 8:45 am]
 BILLING CODE 3510-DS-P