[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11681-11682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05371]



[[Page 11681]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-061, C-533-876]


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

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing countervailing duty orders on fine denier polyester 
staple fiber (fine denier PSF) from the People's Republic of China 
(China) and India. Also, as explained in this notice, Commerce is 
amending its final affirmative determination with respect to China to 
correct the rates assigned to Jiangyin Hailun Chemical Fiber Co. Ltd. 
(Hailun Chemical) and All-Others.

DATES: Applicable March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813 and 
Davina Friedmann at (202) 482-0698 (China); Trisha Tran at (202) 482-
4852 and Eli Lovely at (202) 482-1593 (India); AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.210(c), on January 23, 2018, Commerce 
published its affirmative final determinations in the countervailing 
duty investigations of fine denier PSF from China and India.\1\ On 
January 30, 2018, Commerce received a timely allegation from Hailun 
Chemical that Commerce made ministerial errors in the final 
determination of fine denier PSF from China.\2\ Commerce analyzed 
Hailun Chemical's allegation and determined that ministerial errors 
exist, as defined by section 705(e) of the Act and 19 CFR 351.224(f). 
See ``Amendment to China PSF Final Determination'' section below for 
further discussion.
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    \1\ See Countervailing Duty Investigation of Fine Denier 
Polyester Staple Fiber from the People's Republic of China: Final 
Affirmative Determination, 83 FR 3120 (January 23, 2018) (China 
Final Determination); and Countervailing Duty Investigation of Fine 
Denier Polyester Staple Fiber from India: Final Affirmative 
Determination, 83 FR 3122 (January 23, 2018) (India Final 
Determination).
    \2\ See Letter from Hailun Chemical, ``Fine Denier Polyester 
Staple Fiber from the People's Republic of China--Ministerial Error 
Allegation,'' dated January 30, 2018 (Hailun Chemical's Ministerial 
Error Allegation).
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    On March 7, 2018, the ITC notified Commerce of its final 
affirmative determination, pursuant to section 705(d) of the Act, that 
an industry in the United States is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized 
imports of fine denier PSF from China and India.\3\
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    \3\ See Letter from the ITC concerning imports of fine denier 
PSF from China and India (Investigation Nos. 701-TA-579-580 
(Final)), dated March 7, 2018 (ITC Notification Letter).
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Scope of the Orders

    The product covered by these orders is fine denier PSF from China 
and India. For a complete description of the scope of these orders, see 
the Appendix to this notice.

Amendment to the China PSF Final Determination

    As discussed above, after analyzing Hailun Chemical's allegation, 
we determined, in accordance with section 705(e) of the Act and 19 CFR 
351.224(f), that ministerial errors were made in certain calculations 
for the China Final Determination.\4\ This amended final CVD 
determination corrects these errors and revises the ad valorem subsidy 
rate for Hailun Chemical. The amended ad valorem subsidy rate for 
Hailun Chemical is 37.75 percent.\5\ The ad valorem subsidy rate for 
Hailun Chemical was used to calculate the subsidy rate for all-other 
producers/exporters from China, and, as such, the amended ad valorem 
subsidy rate for all-other producers/exporters in the PRC is 42.66 
percent.\6\ All other countervailing duty rates remain unchanged from 
the China Final Determination.
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    \4\ See Hailun Chemical's Ministerial Error Allegation.
    \5\ See Memorandum from Davina Friedmann to James Maeder, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations performing the duties of Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations regarding, ``Fine Denier Polyester Staple Fiber from the 
People's Republic of China: Amended Final Determination of Sales at 
Less Than Fair Value Pursuant to Ministerial Error Allegation, and 
Countervailing Duty Order (Amended Final Determination and Order 
Memorandum).''
    \6\ Id.
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Countervailing Duty Orders

    As stated above, on March 7, 2018, in accordance with section 
705(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured by reason 
of subsidized imports of fine denier PSF from China and India.\7\ 
Therefore, in accordance with section 705(c)(2) of the Act, Commerce is 
issuing these countervailing duty orders. Because the ITC determined 
that an industry in the United States is materially injured by reason 
of imports of such merchandise that are subsidized by the governments 
of China and India, unliquidated entries of such merchandise from China 
and India, entered or withdrawn from warehouse for consumption, are 
subject to the assessment of countervailing duties.
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    \7\ See ITC Notification Letter.
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    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, Commerce will direct U.S. Customs and Border 
Protection (CBP) to assess, upon further instruction by Commerce, 
countervailing duties on unliquidated entries of fine denier PSF from 
China and India entered, or withdrawn from warehouse, for consumption 
on or after November 6, 2017, the date of publication of the 
Preliminary Determinations,\8\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication in the Federal Register of the ITC's final injury 
determination.
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    \8\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, 82 FR 51396 (November 6, 2017); see also Fine Denier 
Polyester Staple Fiber from India: Preliminary Affirmative 
Countervailing Duty Determination, 82 FR 51387 (November 6, 2017) 
(collectively, Preliminary Determinations).
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Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute liquidation on all entries of subject merchandise 
from China and India, applicable the date of publication of the ITC's 
notice of final affirmative injury determination in the Federal 
Register, and to assess, upon further instruction by Commerce pursuant 
to section 706(a)(1) of the Act, countervailing duties for each entry 
of the subject merchandise in an amount based on the net 
countervailable subsidy rates for the subject merchandise. We will also 
instruct CBP to require cash deposits for each entry of subject 
merchandise as indicated below. These instructions suspending 
liquidation will remain in effect until

[[Page 11682]]

further notice. The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.

------------------------------------------------------------------------
                                                           Subsidy rate
              Exporter/producer from China                   (percent)
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Jiangyin Hailun Chemical Fiber Co. Ltd..................           37.75
Jiangyin Huahong Chemical Fiber Co. Ltd.................           47.57
All-Others..............................................           42.66
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------------------------------------------------------------------------
                                                           Subsidy rate
              Exporter/producer from China                   (percent)
------------------------------------------------------------------------
Bombay Dyeing & Mfg. Co. Ltd............................           13.38
Reliance Industries Limited.............................           27.36
All-Others..............................................           24.80
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Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigations, Commerce 
published the Preliminary Determinations on November 6, 2017. As such, 
the four-month period beginning on the date of the publication of the 
Preliminary Determinations ended on March 5, 2018. Furthermore, section 
707(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 703(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to countervailing duties, 
unliquidated entries of fine denier PSF from China and India entered, 
or withdrawn from warehouse, for consumption, after March 5, 2018, the 
date the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Notification to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to fine denier PSF from China and India pursuant to section 706(a) of 
the Act. Interested parties can find a list of countervailing duty 
orders at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: March 12, 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

Scope of the Orders

    The merchandise covered by these orders 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 bi-component 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 these orders is dispositive.

[FR Doc. 2018-05371 Filed 3-15-18; 8:45 am]
 BILLING CODE 3510-DS-P