Fine Denier Polyester Staple Fiber From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 36278-36279 [2023-11777]

Download as PDF 36278 Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Notices merchandise was destined for the United States, we will instruct CBP to liquidate such unreviewed entries pursuant to the reseller policy,11 i.e., the assessment rate for such entries will be equal to the all-others rate established in the investigation (i.e., 41.10 percent), if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for POSCO will be equal to POSCO’s weighted-average dumping margin established in the final results of this review, except if the rate is less than 0.50 percent, and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the underlying investigation, but the producer is, then the cash deposit rate will be the rate established for the completed segment for the most recent POR for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 41.10 percent, the all-others rate established in the underlying investigation.12 These deposit requirements, when imposed, shall remain in effect until further notice. lotter on DSK11XQN23PROD with NOTICES1 Verification As provided in section 782(i)(3) of the Act, Commerce intends to verify the information relied on here in advance of the final results of this review. Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistance 11 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 12 See Order, 81 FR at 23419. VerDate Sep<11>2014 17:34 Jun 01, 2023 Jkt 259001 Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this review. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the time limit for filing case briefs.13 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.14 Executive summaries should be limited to five pages total, including footnotes. Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties.15 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.16 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed request for a hearing must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.17 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.18 Final Results of Review Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the publication of these preliminary results in the Federal Register pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise extended.19 13 See 19 CFR 351.309(d)(1). 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.303. 16 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 17 See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1). 18 See 19 CFR 351.310(c). 19 See section 751(a)(3)(A) of the Act. 14 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: May 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2023–11776 Filed 6–1–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–061] Fine Denier Polyester Staple Fiber From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited first sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on fine denier polyester staple fiber (fine denier PSF) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable June 2, 2023. FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations, Office VI, Enforcement and Compliance, AGENCY: E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Notices International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1167. SUPPLEMENTARY INFORMATION: Background On February 1, 2023, Commerce published the notice of initiation of the first sunset review of the Order,1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (Act).2 Commerce received a notice of intent to participate from Auriga Polymers Inc., Fiber Industries LLC, Nan Ya Plastics Corporation, America, and Sun Fiber LLC (collectively, domestic interested parties) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Each claimed interested party status under section 771(9)(C) of the Act as domestic producers engaged in the production of fine denier PSF in the United States. Commerce received an adequate substantive response to the Initiation Notice from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce received no substantive responses from any other interested party, including the Government of China, nor was a hearing requested. On March 23, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The product covered by this Order is fine denier PSF from China. For a complete description of the scope of this lotter on DSK11XQN23PROD with NOTICES1 1 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); and 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 12149 (March 20, 2018) (collectively, Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 (February 1, 2023) (Initiation Notice). 3 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 15, 2023. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Substantive Response,’’ dated March 2, 2023. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on February 1, 2023,’’ dated March 23, 2023. VerDate Sep<11>2014 17:34 Jun 01, 2023 Jkt 259001 order, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of countervailable subsidies and the net countervailable subsidy rates likely to prevail if the Order were revoked.7 The issues discussed in the Issues and Decision Memorandum are listed in the appendix to this notice. 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 Services System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would be likely to lead to the continuation or recurrence of countervailable subsidies at the following rates: Producer/exporter Subsidy rate (percent ad valorem) 47.57 42.66 Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Countervailing Duty Order on 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). 7 Id. 8 Commerce found the following companies to be cross-owned with Jiangyin Hailun Chemical Fiber Co. Ltd.: Jiangyin Bolun Chemical Fiber Co., Ltd.; Jiangyin Fenghua Synthetic Fiber Co., Ltd.; Jiangsu Hailun Petrochemicals Co., Ltd.; Jiangyin Huamei Special Fiber Co., Ltd.; Jiangyin Huasheng Polymerization Co., Ltd.; Jiangyin Huaxing Synthetic Co., Ltd.; Jiangying Huayi Polymerization Co., Ltd.; Jiangsu Sanfangxiang Group Co., Ltd.; Jiangsu Sanfangxiang International Trading Co., Ltd.; Sanhai International Trading PTE Ltd.; Jiangyin Xingsheng Plastic Co., Ltd.; Jiangyin Xingtai New Material Co., Ltd.; Jiangsu Xingye Plastic Co., Ltd.; Jiangsu Xingye Polytech Co., Ltd.; Jiangyin Xingyu New Material Co., Ltd.; Jiangyin Xinlun Chemical Fiber Co., Ltd.; Jiangyin Xinyuan Frm 00008 Fmt 4703 Sfmt 4703 Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: May 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Countervailable Subsidies 2. Net Countervailable Subsidy Rates That Are Likely To Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2023–11777 Filed 6–1–23; 8:45 am] 37.75 Administrative Protective Order This notice serves as the only reminder to parties subject to PO 00000 administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. BILLING CODE 3510–DS–P Jiangyin Hailun Chemical Fiber Co. Ltd 8 ................................ Jiangyin Huahong Chemical Fiber Co. Ltd 9 ....................... All Others .................................. 6 See 36279 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD053] New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: Thermal Power Co., Ltd.; and Jiangyin Yunlun Chemical Fiber Co., Ltd.. See Fine Denier Polyester Staple Fiber from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 82 FR 51396 (November 6, 2017) (Preliminary Determination), and accompany Preliminary Decision Memorandum (PDM). 9 Commerce found the following companies to be cross-owned with Jiangyin Huahong Chemical Fiber Co. Ltd.: Jiangsu Huahong Industrial Group Co., Ltd.; Jiangyin Hongkai Chemical Fiber Co., Ltd.; Jiangyin Huahong International Trade Co., Ltd.; and Jiangyin Huakai Polyesterer Co., Ltd. See Preliminary Determination PDM. E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36278-36279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11777]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-061]


Fine Denier Polyester Staple Fiber From the People's Republic of 
China: Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: As a result of this expedited first sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
countervailing duty (CVD) order on fine denier polyester staple fiber 
(fine denier PSF) from the People's Republic of China (China) would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the levels indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable June 2, 2023.

FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations, 
Office VI, Enforcement and Compliance,

[[Page 36279]]

International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1167.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2023, Commerce published the notice of initiation of 
the first sunset review of the Order,1 pursuant to section 
751(c) of the Tariff Act of 1930, as amended (Act).\2\ Commerce 
received a notice of intent to participate from Auriga Polymers Inc., 
Fiber Industries LLC, Nan Ya Plastics Corporation, America, and Sun 
Fiber LLC (collectively, domestic interested parties) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Each claimed 
interested party status under section 771(9)(C) of the Act as domestic 
producers engaged in the production of fine denier PSF in the United 
States.
---------------------------------------------------------------------------

    \1\ 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); and 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 12149 (March 20, 2018) 
(collectively, Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023) (Initiation Notice).
    \3\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Notice of Intent to Participate,'' dated 
February 15, 2023.
---------------------------------------------------------------------------

    Commerce received an adequate substantive response to the 
Initiation Notice from the domestic interested parties within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce received 
no substantive responses from any other interested party, including the 
Government of China, nor was a hearing requested.
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Substantive Response,'' dated March 2, 2023.
---------------------------------------------------------------------------

    On March 23, 2023, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), 
Commerce conducted an expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
February 1, 2023,'' dated March 23, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this Order is fine denier PSF from China. 
For a complete description of the scope of this order, see the Issues 
and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Countervailing Duty Order on 
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).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum, including the likelihood of continuation or 
recurrence of countervailable subsidies and the net countervailable 
subsidy rates likely to prevail if the Order were revoked.\7\ The 
issues discussed in the Issues and Decision Memorandum are listed in 
the appendix to this notice. 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 
Services System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
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    \7\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to the 
continuation or recurrence of countervailable subsidies at the 
following rates:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                     Producer/exporter                         (percent
                                                             ad valorem)
------------------------------------------------------------------------
Jiangyin Hailun Chemical Fiber Co. Ltd \8\.................        37.75
Jiangyin Huahong Chemical Fiber Co. Ltd \9\................        47.57
All Others.................................................        42.66
------------------------------------------------------------------------

Administrative Protective Order
---------------------------------------------------------------------------

    \8\ Commerce found the following companies to be cross-owned 
with Jiangyin Hailun Chemical Fiber Co. Ltd.: Jiangyin Bolun 
Chemical Fiber Co., Ltd.; Jiangyin Fenghua Synthetic Fiber Co., 
Ltd.; Jiangsu Hailun Petrochemicals Co., Ltd.; Jiangyin Huamei 
Special Fiber Co., Ltd.; Jiangyin Huasheng Polymerization Co., Ltd.; 
Jiangyin Huaxing Synthetic Co., Ltd.; Jiangying Huayi Polymerization 
Co., Ltd.; Jiangsu Sanfangxiang Group Co., Ltd.; Jiangsu 
Sanfangxiang International Trading Co., Ltd.; Sanhai International 
Trading PTE Ltd.; Jiangyin Xingsheng Plastic Co., Ltd.; Jiangyin 
Xingtai New Material Co., Ltd.; Jiangsu Xingye Plastic Co., Ltd.; 
Jiangsu Xingye Polytech Co., Ltd.; Jiangyin Xingyu New Material Co., 
Ltd.; Jiangyin Xinlun Chemical Fiber Co., Ltd.; Jiangyin Xinyuan 
Thermal Power Co., Ltd.; and Jiangyin Yunlun Chemical Fiber Co., 
Ltd.. See Fine Denier Polyester Staple Fiber from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, 82 FR 51396 (November 6, 2017) (Preliminary 
Determination), and accompany Preliminary Decision Memorandum (PDM).
    \9\ Commerce found the following companies to be cross-owned 
with Jiangyin Huahong Chemical Fiber Co. Ltd.: Jiangsu Huahong 
Industrial Group Co., Ltd.; Jiangyin Hongkai Chemical Fiber Co., 
Ltd.; Jiangyin Huahong International Trade Co., Ltd.; and Jiangyin 
Huakai Polyesterer Co., Ltd. See Preliminary Determination PDM.
---------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218.

    Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Countervailable 
Subsidies
    2. Net Countervailable Subsidy Rates That Are Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-11777 Filed 6-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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