3120 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

1See 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 accompanying Preliminary Decision 

Memorandum (Preliminary Decision 

Memorandum). 

2See Commerce Memorandum, ‘‘Issues and 

Decision Memorandum for the Final Determination 

in the Countervailing Duty Investigation of Fine 

Denier Polyester Staple Fiber from the People’s 

Republic of China,’’ dated concurrently with this 

determination and hereby adopted by this notice 

(Issues and Decision Memorandum). 

3See Commerce Memorandum, ‘‘Fine Denier 

Polyester Staple Fiber from the People’s Republic 

of China, India, Republic of Korea, and Taiwan: 

Scope Comments Decision Memorandum for the 

Preliminary Determinations,’’ dated December 8 31, 

2017 (Preliminary Scope Memorandum); see also 

See Commerce Memorandum, ‘‘Due Dates for Case 

and Rebuttal Briefs Regarding the Scope,’’ dated 

December 11, 2017. 

4See Fine Denier Polyester Staple Fiber from 

India and the People’s Republic of China: Initiation 

of Countervailing Duty Investigations, 82 FR 29029 

(June 27, 2017) (Initiation Notice). 

Dated: January 16, 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 products covered by this investigation 

are certain forged stainless steel flanges, 

whether unfinished, semi-finished, or 

finished (certain forged stainless steel 

flanges). Certain forged stainless steel flanges 

are generally manufactured to, but not 

limited to, the material specification of 

ASTM/ASME A/SA182 or comparable 

domestic or foreign specifications. Certain 

forged stainless steel flanges are made in 

various grades such as, but not limited to, 

304, 304L, 316, and 316L (or combinations 

thereof). The term ‘‘stainless steel’’ used in 

this scope refers to an alloy steel containing, 

by actual weight, 1.2 percent or less of carbon 

and 10.5 percent or more of chromium, with 

or without other elements. 

Unfinished stainless steel flanges possess 

the approximate shape of finished stainless 

steel flanges and have not yet been machined 

to final specification after the initial forging 

or like operations. These machining 

processes may include, but are not limited to, 

boring, facing, spot facing, drilling, tapering, 

threading, beveling, heating, or compressing. 

Semi-finished stainless steel flanges are 

unfinished stainless steel flanges that have 

undergone some machining processes. 

The scope includes six general types of 

flanges. They are: (1) Weld neck, generally 

used in butt-weld line connection; (2) 

threaded, generally used for threaded line 

connections; (3) slip-on, generally used to 

slide over pipe; (4) lap joint, generally used 

with stub-ends/butt-weld line connections; 

(5) socket weld, generally used to fit pipe 

into a machine recession; and (6) blind, 

generally used to seal off a line. The sizes 

and descriptions of the flanges within the 

scope include all pressure classes of ASME 

B16.5 and range from one-half inch to 

twenty-four inches nominal pipe size. 

Specifically excluded from the scope of this 

investigation are cast stainless steel flanges. 

Cast stainless steel flanges generally are 

manufactured to specification ASTM A351. 

The country of origin for certain forged 

stainless steel flanges, whether unfinished, 

semi-finished, or finished is the country 

where the flange was forged. Subject 

merchandise includes stainless steel flanges 

as defined above that have been further 

processed in a third country. The processing 

includes, but is not limited to, boring, facing, 

spot facing, drilling, tapering, threading, 

beveling, heating, or compressing, and/or any 

other processing that would not otherwise 

remove the merchandise from the scope of 

the investigation if performed in the country 

of manufacture of the stainless steel flanges. 

Merchandise subject to the investigation is 

typically imported under headings 

7307.21.1000 and 7307.21.5000 of the 

Harmonized Tariff Schedule of the United 

States (HTS). While HTS subheadings and 

ASTM specifications are provided for 

convenience and customs purposes, the 

written description of the scope is 

dispositive. 

Appendix II—List of Topics Discussed 

in the Preliminary Decision 

Memorandum 

I. Summary 

II. Background 

III. Alignment 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Injury Test 

VII. Preliminary Determination of Critical 

Circumstances 

VIII. Subsidies Valuation 

IX. Benchmarks and Discount Rates 

X. Use of Facts Otherwise Available and 

Adverse Inferences 

XI. Analysis of Programs 

XII. Calculation of the All-Others Rate 

XIII. ITC Notification 

XIV. Disclosure and Public Comment 

XV. Verification 

XVI. Conclusion 

[FR Doc. 2018–01146 Filed 1–22–18; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–061] 

Countervailing Duty Investigation of 

Fine Denier Polyester Staple Fiber 

From the People’s Republic of China: 

Final Affirmative Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

fine denier polyester staple fiber (fine 

denier PSF) from the People’s Republic 

of China (China). The period of 

investigation is January 1, 2016, through 

December 31, 2016. For information on 

the estimated subsidy rates, see the 

‘‘Final Determination and Suspension of 

Liquidation’’ section of this notice. 

DATES: Applicable January 23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Bordas or Davina Friedmann, 

AD/CVD Operations, Office VI, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone (202) 482–3813 or 

(202) 482–0698, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce published the Preliminary 

Determination on November 6, 2017.1 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 2 issued concurrently 

with 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 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 Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed Issues and Decision 

Memorandum and the electronic 

version are identical in content. 

Scope Comments 

In accordance with the Preliminary 

Scope Memorandum, Commerce 

provided parties an opportunity to 

provide comments on all issues 

regarding product coverage (i.e., scope).3

Certain interested parties commented on 

the scope of the investigation as it 

appeared in the Initiation Notice.4 As a 

result, the scope of this investigation 

was modified for the preliminary 

determination. No further changes to the 

scope of the investigation were made to 

this final determination. For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3121 

5See Commerce Memorandum, ‘‘Fine Denier 

Polyester Staple Fiber from the People’s Republic 

of China, India, Republic of Korea, and Taiwan: 

Scope Comments Decision Memorandum for the 

Final Determinations,’’ dated concurrently with this 

determination and hereby adopted by this notice 

(Final Scope Memorandum). 

6See sections 776(a) and (b) of the Act. 

7See Commerce Memoranda, ‘‘Countervailing 

Duty Investigation of Fine Denier Polyester Staple 

Fiber from the People’s Republic of China: Jiangyin 

Hailun Chemical Fiber Co. Ltd.; Final Analysis 

Memorandum,’’ dated January 16, 2017 (Hailun’s 

Final Calculation Memorandum) and 

‘‘Countervailing Duty Investigation of Fine Denier 

Polyester Staple Fiber from the People’s Republic 

of China: Jiangyin Huahong Chemical Fiber Co. 

Ltd.; Final Analysis Memorandum,’’ dated January 

16, 2017 (Huahong’s Final Calculation 

Memorandum). 

8As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

companies to be cross-owned with Jiangyin Hailun 

Chemical Fiber Co. Ltd.: Jiangyin Bolun Chemical 

Fiber Co., Ltd. (Bolun); Jiangyin Fenghua Synthetic 

Fiber Co., Ltd. (Fenghua); Jiangsu Hailun 

Petrochemicals Co., Ltd. (Hailun Petrochemical); 

Jiangyin Huamei Special Fiber Co., Ltd. (Huamei); 

Jiangyin Huasheng Polymerization Co., Ltd. 

(Huasheng); Jiangyin Huaxing Synthetic Co., Ltd. 

(Huaxing); Jiangying Huayi Polymerization Co., Ltd. 

(Huayi); Jiangsu Sanfangxiang Group Co., Ltd. 

(Sanfangxiang Group); Jiangsu Sanfangxiang 

International Trading Co., Ltd. (Sanfangxiang 

Trading); Sanhai International Trading PTE Ltd. 

(Sanhai); Jiangyin Xingsheng Plastic Co., Ltd. 

(Xingsheng Plastic); Jiangyin Xingtai New Material 

Co., Ltd. (Xingtai); Jiangsu Xingye Plastic Co., Ltd. 

(Xingye Plastic); Jiangsu Xingye Polytech Co., Ltd. 

(Xingye Polytech); Jiangyin Xingyu New Material 

Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber 

Co., Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power 

Co., Ltd. (Xinyuan Thermal); and Jiangyin Yunlun 

Chemical Fiber Co., Ltd. (Yunlun). 

9As discussed in the Preliminary Decision 

Memorandum, Commerce has found Jiangsu 

Huahong Industrial Group Co., Ltd. to be crossowned with Jiangyin Huahong Chemical Fiber Co. 

Ltd.; Jiangyin Hongkai Chemical Fiber Co., Ltd. 

(Hongkai); Jiangyin Huahong International Trade 

Co., Ltd. (Huahong International Trade); and 

Jiangyin Huakai Polyesterer Co., Ltd. (Huakai). 

record for this final determination, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Final Scope Decision Memorandum.5

Methodology 

Commerce is conducting this 

countervailing duty (CVD) investigation 

in accordance with section 701 of the 

Tariff Act of 1930, as amended (Act). 

For each of the subsidy programs found 

to be countervailable, we determine that 

there is a subsidy (i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient) 

and that the subsidy is specific. For a 

full description of the methodology 

underlying our final determination, see 

the Issues and Decisions Memorandum. 

Scope of the Investigation 

The merchandise covered by this 

investigation is generally described as 

fine denier PSF from China. For a 

complete description of the scope of this 

investigation, see Appendix II. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation, and the issues raised in 

the case and rebuttal briefs submitted by 

the parties, are discussed in the Issues 

and Decision Memorandum. A list of 

the issues that parties raised, and to 

which we responded in the Issues and 

Decision Memorandum, is attached to 

this notice at Appendix I. 

Use of Adverse Facts Available (AFA) 

For purposes of this final 

determination, we relied on facts 

available, and because certain 

respondents did not act to the best of 

their ability in responding to 

Commerce’s requests for information, 

we drew an adverse inference, where 

appropriate, in selecting from among the 

facts otherwise available.6 A full 

discussion of our decision to rely on 

adverse facts available is presented in 

the ‘‘Use of Facts Otherwise Available 

and Adverse Inferences’’ section of the 

Issues and Decision Memorandum. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, 

and minor corrections presented at 

verification, we made certain changes to 

the respondents’ subsidy rate 

calculations since the Preliminary 

Determination. For a discussion of these 

changes, see the Issues and Decision 

Memorandum and the Final Calculation 

Memoranda.7

Final Determination 

In accordance with section 

705(c)(1)(B)(i) of the Act, we calculated 

an individual rate for each producer/ 

exporter of the subject merchandise 

individually investigated. 

In accordance with section 

705(c)(5)(A) of the Act, for companies 

not individually investigated, we apply 

an ‘‘all-others’’ rate. Under section 

705(c)(5)(A)(i) of the Act, the ‘‘allothers’’ rate excludes zero and de 

minimis rates calculated for the 

exporters and producers individually 

investigated as well as rates based 

entirely on facts otherwise available. 

Pursuant to section 705(c)(5)(A)(i) of 

the Act, we have calculated the ‘‘allothers’’ rate using the subsidy rates of 

the two individually investigated 

respondents. However, we have not 

calculated the ‘‘all-others’’ rate by 

weight-averaging the rates because 

doing so risks disclosure of proprietary 

information. Therefore, and consistent 

with Commerce’s practice, for the ‘‘allothers’’ rate, we calculated a simple 

average of the two mandatory 

respondents’ subsidy rates. 

Company Subsidy rate 

(%) 

Jiangyin Hailun Chemical 

Fiber Co. Ltd.8 .................. 38.00 

Jiangyin Huahong Chemical 

Fiber Co. Ltd.9 .................. 47.57 

All-Others .............................. 42.79 

Disclosure 

We intend to disclose to parties in 

this proceeding the calculations 

performed for this final determination 

within five days of the date of public 

announcement of our final 

determination, in accordance with 19 

CFR 351.224(b). 

Suspension of Liquidation 

As a result of our Preliminary 

Determination, and pursuant to sections 

703(d)(1)(B) and (2) of the Act, we 

instructed U.S. Customs and Border 

Protection (CBP) to suspend liquidation 

of all entries of merchandise under 

consideration from the PRC that were 

entered or withdrawn from warehouse, 

for consumption, on or after November 

6, 2017, the date of publication of the 

Preliminary Determination in the 

Federal Register. 

If the U.S. International Trade 

Commission (the ITC) issues a final 

affirmative injury determination, we 

will issue a CVD order, will reinstate the 

suspension of liquidation under section 

706(a) of the Act, and will require a cash 

deposit of estimated CVDs for such 

entries of subject merchandise in the 

amounts indicated above. If the ITC 

determines that material injury, or 

threat of material injury, does not exist, 

this proceeding will be terminated and 

all estimated duties deposited or 

securities posted as a result of the 

suspension of liquidation will be 

refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 


sradovich on DSK3GMQ082PROD with NOTICES
3122 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

1See Fine Denier Polyester Staple Fiber from 

India: Preliminary Affirmative Countervailing Duty 

Determination, 82 FR 51387 (November 6, 2017) 

(Preliminary Determination) and accompanying 

Preliminary Decision Memorandum (Preliminary 

Decision Memorandum). 

2See Commerce Memorandum, ‘‘Issues and 

Decision Memorandum for the Final Determination 

in the Countervailing Duty Investigation of Fine 

Denier Polyester Staple Fiber from India,’’ dated 

concurrently with this determination and hereby 

adopted by this notice (Issues and Decision 

Memorandum). 

3See Commerce Memorandum, ‘‘Fine Denier 

Polyester Staple Fiber from the People’s Republic 

of China, India, Republic of Korea, and Taiwan: 

Scope Comments Decision Memorandum for the 

Preliminary Determinations,’’ dated May 31, 2016 

(Preliminary Scope Memorandum); see also See 

Commerce Memorandum, ‘‘Due Dates for Case and 

Rebuttal Briefs Regarding the Scope,’’ dated 

December 11, 2017. 

4See Fine Denier Polyester Staple Fiber from 

India and the People’s Republic of China: Initiation 

of Countervailing Duty Investigations, 82 FR 29029 

(June 27, 2017) (Initiation Notice). 

Return or Destruction of Proprietary 

Information 

In the event the ITC issues a final 

negative injury determination, this 

notice serves as the only reminder to 

parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

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 subject to sanction. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: January 16, 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 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Scope Comments 

V. Application of the Countervailing Duty 

Law to Imports from the PRC 

VI. Subsidies Valuation Information 

VII. Benchmarks and Discount Rates 

VIII. Use of Facts Otherwise Available and 

Adverse Inferences 

IX. Analysis of Programs 

X. Analysis of Comments 

Comment 1: Application of AFA to the 

Electricity Program 

Comment 2: Export Buyer’s Credit Program 

Comment 3: Market Distortion in the MEG/ 

PTA Industry 

Comment 4: Input Benchmarks 

Comment 5: Hailun Verification Minor 

Corrections 

Comment 6: Huahong Verification Minor 

Corrections 

Comment 7: Exclusion of Finance Leasing 

and Margin Trading from the Policy 

Loans Benefit Calculation 

Comment 8: Treatment of Hailun’s Other 

Types of Financing under the Policy 

Loan Program 

Comment 9: PTA for LTAR Benefit 

Comment 10: Sales Denominator for the 

Sanfangxiang Group 

Comment 11: Sales Denominator for 

Hailun Petrochemical 

Comment 12: Treatment of ForeignPurchased Inputs 

Comment 13: Correction of Calculation 

Errors for Huahong 

Comment 14: Correction of Calculation 

Errors for Hailun 

XI. Recommendation 

Appendix II 

Scope of the Investigation 

The merchandise covered by this 

investigation is fine denier polyester staple 

fiber (fine denier PSF), not carded or combed, 

measuring less than 3.3 decitex (3 denier) in 

diameter. The scope covers all fine denier 

PSF, whether coated or uncoated. The 

following products are excluded from the 

scope: 

(1) PSF equal to or greater than 3.3 decitex 

(more than 3 denier, inclusive) currently 

classifiable under Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 5503.20.0045 and 5503.20.0065. 

(2) Low-melt PSF defined as a bicomponent polyester fiber having a polyester 

fiber component that melts at a lower 

temperature than the other polyester fiber 

component, which is currently classifiable 

under HTSUS subheading 5503.20.0015. 

Fine denier PSF is classifiable under the 

HTSUS subheading 5503.20.0025. Although 

the HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

investigations is dispositive. 

[FR Doc. 2018–01152 Filed 1–22–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–876] 

Countervailing Duty Investigation of 

Fine Denier Polyester Staple Fiber 

From India: Final Affirmative 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

fine denier polyester staple fiber (fine 

denier PSF) from India. The period of 

investigation is January 1, 2016, through 

December 31, 2016. For information on 

the estimated subsidy rates, see the 

‘‘Final Determination and Suspension of 

Liquidation’’ section of this notice. 

DATES: Applicable January 23, 2018. 

FOR FURTHER INFORMATION CONTACT: Eli 

Lovely or Trisha Tran, AD/CVD 

Operations, Office VI, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone 

(202) 482–1593 or (202) 482–4852, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 6, 2017, Commerce 

published the Preliminary 

Determination.1 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 2 issued concurrently 

with 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 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 Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed Issues and Decision 

Memorandum and the electronic 

version are identical in content. 

Scope Comments 

In accordance with the Preliminary 

Scope Memorandum, Commerce 

provided parties an opportunity to 

provide comments on all issues 

regarding product coverage (i.e., scope).3

Certain interested parties commented on 

the scope of the investigation as it 

appeared in the Initiation Notice.4 As a 

result, the scope of this investigation 

was modified for the preliminary 

determination. No further changes to the 

scope of the investigation were made to 

this final determination. For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 

record for this final determination, and 

accompanying discussion and analysis 


sradovich on DSK3GMQ082PROD with NOTICES