29094 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 

8482.20.0080, and products entering under 

8482.99.1550 entered under 8482.99.1540. 

1See 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. 

2See 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). 

3For 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. 

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 

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

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 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) 

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. 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 29095 

4See Preliminary Determination, and 

accompanying Preliminary Decision Memorandum, 

at 16 to 21. 

5See 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). 

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. 

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 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: 

Exporter or producer 

Weightedaverage 

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 weightedaverage 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. 

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 allothers 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 


daltland on DSKBBV9HB2PROD with NOTICES
29096 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 

1See Certain Plastic Decorative Ribbon from the 

People’s Republic of China: Initiation of 

Countervailing Duty Investigation, 83 FR 3114 

(January 23, 2018) (Initiation Notice). 

2See 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. 

3See 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). 

4See 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). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

6See Initiation Notice. 

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. 

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 

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 

AGENCY: 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. 

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 

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 http://

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 http://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 


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