[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\
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    \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).
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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/index.html. 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\
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    \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\
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    \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).
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    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