[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24743-24745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11711]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-893]


Fine Denier Polyester Staple Fiber From the Republic of Korea: 
Final Affirmative 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 fine 
denier polyester staple fiber (fine denier PSF) from the Republic of 
Korea (Korea) is being, or is likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
April 1, 2016, through March 31, 2017.

DATES: Applicable May 30, 2018.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Celeste Chen, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4081 of (202) 482-0890 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 5, 2018, Commerce published the Preliminary 
Determination of this antidumping duty investigation, as provided by 
section 735 of the Tariff Act of 1930, as amended (the Act). Commerce 
preliminarily found that fine denier PSF from Korea was sold at 
LTFV.\1\ A summary of the events that have occurred since Commerce 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by interested parties for this final 
determination, may be found in the Issues and Decision Memorandum.\2\ 
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 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/.
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    \1\ See Fine Denier Polyester Staple Fiber from Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 83 FR 660 (January 5, 2018), and accompanying 
Preliminary Decision Memorandum (collectively, Preliminary 
Determination).
    \2\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
Korea: Issues and Decision Memorandum for the Final Affirmative 
Determination in the Less Than Fair Value,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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    Commerce has exercised its discretion to toll deadlines for the 
duration of the closure of the Federal Government from January 20 
through 22, 2018. The revised deadline for the final determination in 
this investigation is now May 23, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by three days.
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Scope Comments

    We provided parties an opportunity to provide comments on all 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Preliminary Determination.\5\ For a summary of the product coverage 
comments and rebuttals submitted to the record of this investigation, 
and our accompanying discussion and analysis of the comments and 
rebuttals that were timely received, see the Final Scope Decision 
Memorandum.\6\ Based on parties' comments, we made no changes to the 
scope of the investigation, as it appeared in the Preliminary 
Determination.\7\ The product covered by this investigation is fine 
denier PSF from Korea. For a complete description of the scope of this 
investigation, see Appendix I.
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    \4\ See Memorandum, ``Due Dates for Case and Rebuttal Briefs 
Regarding the Scope,'' dated December 11, 2017
    \5\ See Preliminary Determination.
    \6\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
the People's Republic of China, India, Republic of Taiwan, and 
Korea: Scope Comments Decision Memorandum for the Final 
Determinations,'' dated January 16, 2018 (Final Scope Memorandum).
    \7\ While we made no changes to the scope based on parties' 
comments, we discovered that we inadvertently included the phrase 
``or pre-opened'' in the scope in the Preliminary Determination. 
This phrase was not included in the scope in the Initiation (see 
Fine Denier Polyester Staple Fiber from the People's Republic of 
China, India, the Republic of Korea, Korea, and the Socialist 
Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 29023 (Initiation). We have corrected this 
error by removing the phrase ``or pre-opened'' from the scope for 
this final determination.

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[[Page 24744]]

Verification

    As provided in section 782(i) of the Act, from January 15 through 
19, 2018, we conducted a verification of the information reported by 
the mandatory respondent Toray Chemical Korea Inc. (TCK), for use in 
this final determination.\8\ We used standard verification procedures, 
including an examination of relevant accounting and production records 
and original source documents provided by the respondent.
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    \8\ See Memorandum, ``Verification of the Sales Response of 
Toray Chemical Korea Inc. in the Antidumping Investigation of Fine 
Denier Polyester Staple Fiber from the Republic of Korea,'' dated 
March 7, 2018; and Memorandum, ``Verification of the Cost Response 
of Toray Chemical Korea, Inc. in the Antidumping Duty Investigation 
of Fine Denier Polyester Staple Fiber from the Republic of Korea,'' 
dated March 22, 2018.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of these issues is attached to this 
notice as Appendix II.

Application of Adverse Facts Available (AFA)

    As in the Preliminary Determination, pursuant to section 776(a) and 
(b) of the Act, Commerce has continued to base Huvis Corporation's 
(Huvis) and Down Nara, Co., Ltd.'s (Down Nara) dumping margin on the 
facts otherwise available, with an adverse inference, because the 
companies did not respond to Commerce's questionnaire or otherwise 
participate in the investigation.\9\ In addition, as part of the AFA 
determination with respect to Down Nara, Commerce has determined that 
Koreco Synthetic Fiber Co., Ltd. is the successor-in-interest to Down 
Nara and we have updated the rate chart below accordingly.\10\
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    \9\ See Huvis' Letter, ``Fine Denier Polyester Staple Fiber from 
the Republic of Korea: Notice of Intent Not to Participate,'' dated 
August 10, 2017 and Down Nara did not respond to Commerce's AD 
questionnaire.
    \10\ For further information, see Issues and Decision Memorandum 
at Comment 2 and memorandum ``Antidumping Duty Investigation of Fine 
Denier Polyester Staple Fiber from the Republic of Korea: 
Proprietary Discussion of Issues Contained in the Issues and 
Decision Memorandum'' dated concurrently with this Federal Register 
notice.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made changes to 
the dumping margin calculations for TCK. For further discussion, see 
the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that in the final 
determination Commerce shall determine an estimated all-others rate for 
all exporters and producers not individually examined. This rate shall 
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated, excluding any zero and de minimis margins, 
and any margins determined entirely under section 776 of the Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all-other producers and/or exporters, including averaging 
the estimated weighted average dumping margins determined for the 
exporters and producers individually investigated.'' Because (1) the 
dumping margin for Huvis Corporation and Down Nara, Co., Ltd. is based 
on AFA and (2) the dumping margin for Toray Chemical Kora Inc. (TCK) is 
zero, pursuant to section 735(c)(5)(B) of the Act, we calculated the 
``all-others''' rate as a simple average of the dumping margins of 
Huvis Corporation, Down Nara, Co., Ltd. and TCK.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Toray Chemical Korea Inc................................            0.00
Huvis Corporation.......................................           45.23
Down Nara, Co., Ltd., Down-Nara, Co., Ltd. (AKA Koreco             45.23
 Synthetic Fiber Co., Ltd.).............................
All-Others..............................................           30.15
------------------------------------------------------------------------

    Consistent with section 735(a)(4) of the Act, based on the zero 
rate for TCK, Commerce determined that TCK has not sold merchandise 
which it produced and exported at LTFV.

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of fine denier PSF from 
Korea as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after January 5, 2018, 
the date of publication of the Preliminary Determination of this 
investigation in the Federal Register. Further, pursuant to section 
735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce will instruct 
CBP to require a cash deposit equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margins 
determined in this final determination; (2) if the exporter is not a 
respondent identified above, but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise, except as explained below; and (3) the cash deposit rate 
for all other producers and/or exporters will be equal to the all-
others estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margin for TCK is 
zero, entries of shipments of subject merchandise both produced and 
exported by TCK 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 exported and produced by TCK. Entries of shipments 
of subject merchandise from TCK in any other producer/exporter 
combination, or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination, are subject to the 
provisional measures at the all-others rate.
    Because the final estimated weighted-average dumping margin for 
subject merchandise exported and produced by TCK is zero, entries of 
shipments of subject merchandise from this producer/exporter 
combination will be excluded from the antidumping duty order. This 
exclusion is not applicable to merchandise exported to the United 
States by TCK in any other producer/exporter combinations or by third 
parties that sourced subject merchandise from the excluded producer/
exporter combination.

[[Page 24745]]

    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its final affirmative 
determination. Because the final determination in this proceeding is 
affirmative, in accordance with section 735(b)(2)(B) 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 of fine denier PSF from Korea no 
later than 45 days after Commerce's final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all securities posted 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 
appropriate imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification to Interested Parties

    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 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 the terms of an APO is a violation subject to sanction.
    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: May 23, 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 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 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 this investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. List of Issues
    Comment 1: Whether to Apply Total AFA to TCK Based on 
Verification
    Comment 1(a): Minor Corrections
    Comment 1(b): Tolling Arrangement
    Comment 1(c): Misreported Sales of Products Not Produced
    Comment 1(d): Failure to Provide Correct Translations
    Comment 2: Whether to Apply AFA to Down Nara
    Comment 3: Whether Commerce's Calculation of the ``All-Others'' 
Rate is Supported by its Practice and Is Consistent with the Statute 
and Court Precedent
    Comment 4: Whether the Totality of Circumstances Regarding Cost 
Reporting Warrants Application of Total or Partial AFA.
    Comment 5: Whether Commerce Should Adjust the Purchases of EG 
for Physical Inventory Adjustments and Certain Ancillary Costs.
    Comment 6: Whether Commerce Should Adjust TCK's Reported Unit 
Costs of Manufacture for the Subject Fine Denier PSF
    Comment 6(a): Pattern of Understatement
    Comment 6(b): Physical Characteristics
    Comment 6(c): SAP[supreg] System
    Comment 6(d): PET Chips
    Comment 6(e): TPA Consumption
    Comment 6(f): Affiliated PET Chips Purchases
    Comment 7: Whether Commerce Should Adjust the Affiliated Trading 
Company's SG&A Expense Rate Calculation
    Comment 8: Whether Commerce Should Adjust the Cost and Sales of 
Certain Product Codes
    Comment 9: Whether Commerce Should Deny the Offset to G&A 
Expenses
    Comment 10: Whether Commerce Should Adjust the Non-Operating 
Income Used to Offset the G&A and Financial Expenses
    Comment 11: Whether Commerce Should Continue to Apply the 
Affiliated Party Purchases Adjustment
    Comment 12: Whether Commerce Should Eliminate the Unreconciled 
Difference Adjustment to TCK's Reported Costs
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
VI. Recommendation

[FR Doc. 2018-11711 Filed 5-29-18; 8:45 am]
 BILLING CODE 3510-DS-P