[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4542-4544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01601]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Final Results of the Antidumping Duty Administrative Review; 
2012-2013

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

SUMMARY: On July 25, 2014, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the sixth 
administrative review of the antidumping duty order on certain 
polyester staple fiber (``PSF'') from the People's Republic of China 
(``PRC'').\1\ We gave interested parties an opportunity to comment on 
the Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
the final results.
---------------------------------------------------------------------------

    \1\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review; 2012-2013 (July 25, 2014) (``Preliminary 
Results'') and accompanying Decision Memorandum.

FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
---------------------------------------------------------------------------
Avenue NW., Washington, DC 20230; telephone: (202) 482-0116.

SUPPLEMENTARY INFORMATION:

Background

    On July 23, 2014, DAK Americas LLC (``Petitioner'') filed comments 
regarding ministerial errors.\2\ On July 25, 2014, the Department 
published the Preliminary Results.\3\ On October 21, 2014, Petitioner 
and Takayasu Industrial (Jiangyin) Co., Ltd. (``Takayasu'') submitted 
case briefs. On October 28, 2014, Petitioner and Takayasu submitted 
rebuttal briefs. On October 30, 2014, the Department fully extended the 
final results to January 21, 2015.\4\ On November 5, 2014, Takayasu 
submitted a redacted rebuttal brief per the Department's request.
---------------------------------------------------------------------------

    \2\ See Sixth Administrative Review of Polyester Staple Fiber 
from the People's Republic of China--Preliminary Results Clerical 
Error Allegation, dated July 23, 2014. The Department notes that 
``Polyester Staple Fiberfill'' is a misidentification of the 
proceeding. The Department has corrected this reference throughout 
this document to the name: ``Polyester Staple Fiber.''
    \3\ See Preliminary Results.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations, from Steven Hampton, International 
Trade Compliance Analyst, Office V, Antidumping and Countervailing 
Duty Operations regarding Certain Polyester Staple Fiber from the 
People's Republic of China: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review, dated October 30, 2014.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain polyester staple 
fiber. The product is currently classified under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') numbers 5503.20.0045 and 
5503.20.0065. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written description of the scope of the 
order, which is contained in the accompanying Issues and Decision 
Memorandum (``I&D Memo'') is dispositive.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
regarding Certain Polyester Staple Fiber from the People's Republic 
of China: Issues and Decision Memorandum for the Final Results of 
the 2012-2013 Administrative Review issued concurrently with this 
notice for a complete description of the Scope of the Order (``I&D 
Memo'').

---------------------------------------------------------------------------

[[Page 4543]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews are addressed in the I&D Memo. A list of the issues which 
parties raised is attached to this notice as an appendix. The I&D Memo 
is a public document and is on file in the Central Records Unit 
(``CRU''), Room 7046 of the main Department of Commerce building, as 
well as electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\6\ ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the 
I&D Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the 
electronic versions of the I&D Memo are identical in content.
---------------------------------------------------------------------------

    \6\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, and for the 
reasons explained in the I&D Memo, the Department has made the 
following changes to the margin calculation:
    <bullet> We revised the calculation of surrogate financial ratios 
using the financial statements of Angtai Co., Ltd. and Compass 
Corporation Co., Ltd.\7\
---------------------------------------------------------------------------

    \7\ See I&D Memo, at Comment 1.
---------------------------------------------------------------------------

    <bullet> We based the surrogate value for PET Flakes on Thai import 
statistics recorded in Global Trade Atlas using the product-specific 
subcategory under the Thai Harmonized Tariff Schedule.\8\
---------------------------------------------------------------------------

    \8\ Id., at Comment 2.
---------------------------------------------------------------------------

    <bullet> We included all of the direct materials that Takayasu 
reported as market-economy purchases and the total freight cost of 
these purchases in the margin calculation.\9\
---------------------------------------------------------------------------

    \9\ Id., at Comment 8A.
---------------------------------------------------------------------------

    <bullet> We revised the inland freight calculation to apply the 
surrogate value for export movement to the distances reported under 
foreign inland freight.\10\
---------------------------------------------------------------------------

    \10\ Id., at Comment 8B.
---------------------------------------------------------------------------

    <bullet> We deducted market-economy brokerage and handling expenses 
from the calculation of total international movement charges.\11\
---------------------------------------------------------------------------

    \11\ Id., at Comment 8C.
---------------------------------------------------------------------------

    <bullet> We revised the calculation of surrogate freight costs by 
applying the corrected distances capped at the distance to the closest 
port.\12\
---------------------------------------------------------------------------

    \12\ Id., at Comment 9A.
---------------------------------------------------------------------------

    <bullet> We amended the formula to calculate freight expenses.\13\
---------------------------------------------------------------------------

    \13\ Id., at Comment 9B.
---------------------------------------------------------------------------

    <bullet> We calculated international freight movement charges using 
route-specific freight quotes from MAERSK.\14\
---------------------------------------------------------------------------

    \14\ Id., at Comment 9C.
---------------------------------------------------------------------------

    <bullet> We added a VAT variable to the U.S. Sales dataset to allow 
the program to automatically calculate VAT tax deductions using the 
Department's default methodology.\15\
---------------------------------------------------------------------------

    \15\ Id., at Comment 9D.
---------------------------------------------------------------------------

Final Results of Review

    The Department determines that the following weighted-average 
dumping margin exists for the period June 1, 2012, through May 31, 
2013:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
------------------------------------------------------------------------
Takayasu Industrial (Jiangyin) Co., Ltd................           42.36
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    Where the respondent reported reliable entered values, we 
calculated importer (or customer)-specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\16\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit rates.\17\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\18\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\19\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.212(b)(1).
    \17\ Id.
    \18\ Id.
    \19\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
non-market economy cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
the company individually examined during this review, the Department 
will instruct CBP to liquidate such entries at the PRC-Wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-Wide rate.\20\
---------------------------------------------------------------------------

    \20\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-Wide rate of 44.30 percent; 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporters that supplied that non-PRC exporter. 
The deposit requirements shall remain in effect until further notice.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in

[[Page 4544]]

this proceeding in accordance with 19 CFR 351.224(b).

Reimbursement of Duties

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Issues and Decision Memorandum

List of Topics Discussed in the Final Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Surrogate Financial Ratios
    Comment 2: Surrogate Value for PET Chips & PET Flakes
    Comment 3: Surrogate Value for Truck Freight
    Comment 4: Surrogate Value for Brokerage & Handling
    Comment 5: Surrogate Value for Labor
    Comment 6: Value Added Tax
    Comment 7: Appropriate Comparison Method
    Comment 8: Ministerial Errors
    A. Direct Materials
    B. Foreign Inland Freight
    C. U.S. Brokerage and Handling
    Comment 9: Programming Errors
    A. Freight Charges--Raw Materials
    B. Domestic Movement
    C. International Movement
    D. VAT Offset
Recommendation

[FR Doc. 2015-01601 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P