[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]
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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.
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\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
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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.
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\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.
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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\
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\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'').
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[[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.
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\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).
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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:
We revised the calculation of surrogate financial ratios
using the financial statements of Angtai Co., Ltd. and Compass
Corporation Co., Ltd.\7\
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\7\ See I&D Memo, at Comment 1.
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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\
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\8\ Id., at Comment 2.
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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\
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\9\ Id., at Comment 8A.
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We revised the inland freight calculation to apply the
surrogate value for export movement to the distances reported under
foreign inland freight.\10\
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\10\ Id., at Comment 8B.
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We deducted market-economy brokerage and handling expenses
from the calculation of total international movement charges.\11\
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\11\ Id., at Comment 8C.
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We revised the calculation of surrogate freight costs by
applying the corrected distances capped at the distance to the closest
port.\12\
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\12\ Id., at Comment 9A.
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We amended the formula to calculate freight expenses.\13\
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\13\ Id., at Comment 9B.
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We calculated international freight movement charges using
route-specific freight quotes from MAERSK.\14\
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\14\ Id., at Comment 9C.
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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\
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\15\ Id., at Comment 9D.
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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:
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Weighted-
average dumping
Exporter margin
(percent)
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Takayasu Industrial (Jiangyin) Co., Ltd................ 42.36
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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\
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\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ Id.
\19\ See 19 CFR 351.106(c)(2).
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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\
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\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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