80 FR 15565 - Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 56 (March 24, 2015)
International Trade Administration
Federal Register Volume 80, Issue 56 (March 24, 2015)
| Page Range | 15565-15567 | |
| FR Document | 2015-06754 |
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)] [Notices] [Pages 15565-15567] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06754] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-833] Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyester [[Page 15566]] staple fiber (PSF) from Taiwan. The period of review (POR) is May 1, 2013, through April 30, 2014. The review covers two producers/exporters of the subject merchandise, Far Eastern New Century Corporation (FENC) and Nan Ya Plastics Corporation (Nan Ya). We preliminarily find that FENC has not sold subject merchandise at less than normal value and that Nan Ya had no shipments during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective March 24, 2015. FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3683, and (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the Order \1\ is PSF. The PSF subject to the order is currently classifiable under subheadings 5503.20.00.40, 5503.20.00.45, 5503.20.00.60, and 5503.20.00.65 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.\2\ --------------------------------------------------------------------------- \1\ See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Polyester Staple Fiber From the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber From the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000) (Order). \2\ A full description of the scope of the Order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Polyester Staple Fiber from Taiwan: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2013-2014'' dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Preliminary Determination of No Shipments We published in the Federal Register a notice of initiation of this administrative review of the antidumping duty order on PSF from Taiwan covering two companies, FENC and Nan Ya.\3\ We received a timely submission from Nan Ya reporting that it did not sell or export subject merchandise during the POR.\4\ On December 22, 2014, we transmitted a ``No-Shipment Inquiry'' to U.S. Customs and Border Protection (CBP) with respect to Nan Ya.\5\ Pursuant to this inquiry, we received no notification from CBP of entries of subject merchandise from Nan Ya. Accordingly, based on record evidence, we preliminarily determine that Nan Ya had no shipments of subject merchandise during the POR. Further, consistent with our practice, we find that it is not appropriate to rescind the review with respect to Nan Ya, but rather to complete the review and issue appropriate instructions to CBP based on the final results of this review.\6\ --------------------------------------------------------------------------- \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 36462 (June 27, 2014). \4\ See Nan Ya's letter to the Secretary of Commerce regarding ``Antidumping Duty Administrative Review on Polyester Staple Fiber From Taiwan for the Period from May 1, 2013 to April 30, 2014'' dated August 22, 2014. \5\ See CBP message 4356302 dated December 22, 2014. \6\ See, e.g., Magnesium Metal From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). With respect to FENC, export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary 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).\7\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. --------------------------------------------------------------------------- \7\ 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). --------------------------------------------------------------------------- Preliminary Results of Review As a result of this review, we preliminarily determine that a weighted-average dumping margin of 0.00 percent exists for FENC for the period May 1, 2013, through April 30, 2014. Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\8\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\9\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.309(d). \9\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance. All documents must be filed electronically using ACCESS which is available to registered users at http://access.trade.gov. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\10\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Assessment Rates Upon issuance of the final results, the Department shall determine and CBP shall assess antidumping duties on all appropriate entries covered by this review. If FENC's weighted-average dumping margin is above de minimis in [[Page 15567]] the final results of this review, we will calculate an importer- specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for each importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). If FENC's weighted-average dumping margin continues to be zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ``{w{time} here the weighted- average margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.'' \11\ --------------------------------------------------------------------------- \11\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012). --------------------------------------------------------------------------- The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\12\ This clarification will apply to entries of subject merchandise during the POR produced by FENC for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. --------------------------------------------------------------------------- \12\ For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). --------------------------------------------------------------------------- Consistent with the Assessment Policy Notice, if we continue to find that Nan Ya had no shipments of subject merchandise, following issuance of the final results of review, for entries of subject merchandise during the POR produced by Nan Ya for which this company did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of PSF from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for FENC will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for previously reviewed or investigated companies not listed above including Nan Ya, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 7.31 percent.\13\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \13\ The all-others rate established in the Order. --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1). Dated: March 17, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Preliminary Determination of No Shipments Discussion of the Methodology Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis Product Comparisons Date of Sale Export Price Normal Value A. Home Market Viability as Comparison Market B. Level of Trade C. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the Cost of Production Test D. Calculation of Normal Value Based on Comparison Market Prices Currency Conversion Recommendation [FR Doc. 2015-06754 Filed 3-23-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15565
National Environmental Policy Act and Agency: U.S. Census Bureau. other sectors of the economy. The data
other pertinent statues. Title: Manufacturers’ Shipments, on value of shipments, especially when
Inventories, and Orders Survey (M3). adjusted for change in inventory,
II. Method of Collection OMB Control Number: 0607–0008. measure current levels of production.
The economic and attitudinal Form Number(s): M–3(SD). New orders figures serve as an indicator
information sought will be collected via Type of Request: Extension of a of future production commitments.
in-person surveys. currently approved collection. Changes in the level of unfilled orders,
Number of Respondents: 4,800. because of excess or shortfall of new
III. Data Average Hours per Response: 20
orders compared with shipments, are
OMB Control Number: 0648–XXXX. minutes.
Burden Hours: 19,200. used to measure the excess (or
Form Number: None. deficiency) in the demand for
Type of Review: Regular submission Needs and Uses: The U.S. Census
Bureau is requesting an extension of the manufactured products. Changes in the
(request for a new information level of inventories and the relation of
collection). currently approved collection for the
Manufacturers’ Shipments, Inventories, these to shipments are used to project
Affected Public: Business or other for- future movements in manufacturing
profit institutions; individuals or and Orders (M3) survey. This survey
collects monthly data from domestic activity. These statistics are valuable for
households. analysts of business cycle conditions
Estimated Number of Respondents: manufacturers on Form M–3 (SD),
which is mailed at the end of each including members of the Council of
100 captains and 500 crew. Economic Advisers (CEA), the Bureau of
Estimated Time per Response: 30 month. Data requested are shipments,
new orders, unfilled orders, and Economic Analysis (BEA), the Federal
minutes.
inventories by stage of fabrication. It is Reserve Board (FRB), the Department of
Estimated Total Annual Burden
currently the only survey that provides the Treasury, business firms, trade
Hours: 300.
broad-based monthly statistical data on associations, private research and
Estimated Total Annual Cost to
the economic conditions in the consulting agencies, and the academic
Public: $0 in recordkeeping/reporting
domestic manufacturing sector. The community.
costs.
survey is designed to measure current Affected Public: Business or other for-
IV. Request for Comments industrial activity and to provide an profit.
Comments are invited on: (a) Whether indication of future production Frequency: Monthly.
the proposed collection of information commitments. The value of shipments Respondent’s Obligation: Voluntary.
is necessary for the proper performance measures the value of goods delivered Legal Authority: Title 13, United
of the functions of the agency, including during the month by domestic States Code, Sections 131, 182, and 193.
whether the information shall have manufacturers. Estimates of new orders This information collection request
practical utility; (b) the accuracy of the serve as an indicator of future may be viewed at www.reginfo.gov.
agency’s estimate of the burden production commitments and represent Follow the instructions to view
(including hours and cost) of the the current sales value of new orders Department of Commerce collections
proposed collection of information; (c) received during the month, net of currently under review by OMB.
ways to enhance the quality, utility, and cancellations. Substantial accumulation Written comments and
clarity of the information to be or depletion of backlogs of unfilled recommendations for the proposed
collected; and (d) ways to minimize the orders measures excess (or deficient) information collection should be sent
burden of the collection of information demand for manufactured products. The within 30 days of publication of this
on respondents, including through the level of inventories, especially in notice to
use of automated collection techniques relation to shipments, is frequently used OIRA_Submission@omb.eop.gov or fax
or other forms of information to monitor the business cycle. to (202) 395–5806.
technology. Comments submitted in This survey provides an essential Dated: March 18, 2015.
response to this notice will be component of the current economic Glenna Mickelson,
summarized and/or included in the indicators needed for assessing the Management Analyst, Office of the Chief
request for OMB approval of this evolving status of the economy and Information Officer.
information collection; they also will formulating economic policy. The Office [FR Doc. 2015–06599 Filed 3–23–15; 8:45 am]
become a matter of public record. of Information and Regulatory Affairs BILLING CODE 3510–07–P
Dated: March 18, 2015. (OIRA), Office of Management and
Sarah Brabson,
Budget (OMB) has designated this
survey as a principal federal economic DEPARTMENT OF COMMERCE
NOAA PRA Clearance Officer.
indicator. The shipments and inventory
[FR Doc. 2015–06588 Filed 3–23–15; 8:45 am] International Trade Administration
data are essential inputs to the gross
BILLING CODE 3510–22–P domestic product (GDP), while the
[A–583–833]
orders data are direct inputs to the
leading economic indicator series. The Polyester Staple Fiber From Taiwan:
DEPARTMENT OF COMMERCE GDP and the economic indicator series Preliminary Results of Antidumping
Submission for OMB Review; would be incomplete without these Duty Administrative Review; 2013–
Comment Request data. The survey also provides valuable 2014
mstockstill on DSK4VPTVN1PROD with NOTICES
and timely domestic manufacturing data
The Department of Commerce will for economic planning and analysis to AGENCY: Enforcement and Compliance,
submit to the Office of Management and business firms, trade associations, International Trade Administration,
Budget (OMB) for clearance the research and consulting agencies, and Department of Commerce.
following proposal for collection of academia. SUMMARY: The Department of Commerce
information under the provisions of the The data are used for analyzing short- (the Department) is conducting an
Paperwork Reduction Act (44 U.S.C. and long-term trends, both in the administrative review of the
chapter 35). manufacturing sector and as related to antidumping duty order on polyester
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![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15567
the final results of this review, we will established in the final results of this 3. Results of the Cost of Production Test
calculate an importer-specific administrative review; (2) for previously D. Calculation of Normal Value Based on
assessment rate on the basis of the ratio reviewed or investigated companies not Comparison Market Prices
listed above including Nan Ya, the cash Currency Conversion
of the total amount of antidumping
Recommendation
duties calculated for each importer’s deposit rate will continue to be the [FR Doc. 2015–06754 Filed 3–23–15; 8:45 am]
examined sales and the total entered company-specific rate published for the
BILLING CODE 3510–DS–P
value of the sales in accordance with 19 most recently completed segment of this
CFR 351.212(b)(1). If FENC’s weighted- proceeding in which that manufacturer
average dumping margin continues to be or exporter participated; (3) if the DEPARTMENT OF COMMERCE
zero or de minimis in the final results exporter is not a firm covered in this
of review, we will instruct CBP not to review, a prior review, or the original National Oceanic and Atmospheric
assess duties on any of its entries in investigation but the manufacturer is, Administration
accordance with the Final Modification the cash deposit rate will be the rate
RIN 0648–XD848
for Reviews, i.e., ‘‘{w}here the weighted- established for the manufacturer of the
average margin of dumping for the merchandise for the most recently New England Fishery Management
exporter is determined to be zero or de completed segment of this proceeding; Council; Public Meeting
minimis, no antidumping duties will be (4) the cash deposit rate for all other
assessed.’’ 11 manufacturers or exporters will AGENCY: National Marine Fisheries
The Department clarified its continue to be 7.31 percent.13 These Service (NMFS), National Oceanic and
‘‘automatic assessment’’ regulation on cash deposit requirements, when Atmospheric Administration (NOAA),
May 6, 2003.12 This clarification will imposed, shall remain in effect until Commerce.
apply to entries of subject merchandise further notice. ACTION: Notice; public meeting.
during the POR produced by FENC for
Notification to Importers SUMMARY: The New England Fishery
which it did not know its merchandise
was destined for the United States. In This notice serves as a preliminary Management Council (Council) is
such instances, we will instruct CBP to reminder to importers of their scheduling a public meeting of its
liquidate unreviewed entries at the all- responsibility under 19 CFR Research Steering Committee.
others rate if there is no rate for the 351.402(f)(2) to file a certificate DATES: This meeting will be held on
intermediate company(ies) involved in regarding the reimbursement of Wednesday, April 8, 2015 at 9:30 a.m.
the transaction. antidumping duties prior to liquidation ADDRESSES:
Consistent with the Assessment Policy of the relevant entries during this Meeting address: The meeting will be
Notice, if we continue to find that Nan review period. Failure to comply with held at the Radisson Airport Hotel, 2081
Ya had no shipments of subject this requirement could result in the Post Road, Warwick, RI 02886;
merchandise, following issuance of the Secretary’s presumption that telephone: (401) 739–3000; fax: (401)
final results of review, for entries of reimbursement of antidumping duties 732–9309.
subject merchandise during the POR occurred and the subsequent assessment Council address: New England
produced by Nan Ya for which this of double antidumping duties. Fishery Management Council, 50 Water
company did not know that the We are issuing and publishing these Street, Mill 2, Newburyport, MA 01950.
merchandise was destined for the results in accordance with sections FOR FURTHER INFORMATION CONTACT:
United States, we will instruct CBP to 751(a)(1) and 777(i)(1) of the Act, and 19 Thomas A. Nies, Executive Director,
liquidate un-reviewed entries at the all- CFR 351.213(h)(1). New England Fishery Management
others rate if there is no rate for the Dated: March 17, 2015. Council; telephone: (978) 465–0492.
intermediate company(ies) involved in Paul Piquado, SUPPLEMENTARY INFORMATION: The
the transaction. Assistant Secretary for Enforcement and Research Steering Committee will: (a)
We intend to issue instructions to Compliance. Review the final report for the
CBP 15 days after publication of the cooperative research project ‘‘Large
final results of this review. Appendix
Mesh [Belly] Panel in Small Mesh
Cash Deposit Requirements List of Topics Discussed in the Preliminary Fisheries as a Method to Reduce
Decision Memorandum Yellowtail Flounder Bycatch in
The following cash deposit Summary Cultivator Shoal’’; (b) review any
requirements will be effective upon Background additional analysis performed for the
publication of the notice of final results Scope of the Order
cooperative research project ‘‘Large
of administrative review for all Preliminary Determination of No Shipments
Discussion of the Methodology Mesh [Belly] Panel in Small Mesh
shipments of PSF from Taiwan entered,
Comparisons to Normal Value Fisheries as a Method to Reduce
or withdrawn from warehouse, for
A. Determination of Comparison Method Yellowtail Flounder Bycatch in Georges
consumption on or after the date of
B. Results of the Differential Pricing Bank’’; and (c) discuss possible
publication as provided by section
Analysis improvements to the research set-aside
751(a)(2)(C) of the Act: (1) The cash Product Comparisons process. The Committee also may
deposit rate for FENC will be equal to Date of Sale receive an update on the Council-
the weighted-average dumping margin Export Price funded collaborative groundfish
Normal Value
mstockstill on DSK4VPTVN1PROD with NOTICES
research project managed by the
11 See Antidumping Proceedings: Calculation of
A. Home Market Viability as Comparison
the Weighted-Average Dumping Margin and Market
Northeast Consortium (Supplemental
Assessment Rate in Certain Antidumping B. Level of Trade Request for Proposal due March 17,
Proceedings: Final Modification, 77 FR 8101, 8102 2015). Other issues may also be
C. Cost of Production
(February 14, 2012).
12 For a full discussion of this clarification, see
1. Calculation of Cost of Production discussed.
Antidumping and Countervailing Duty Proceedings: 2. Test of Comparison Market Sales Prices Although non-emergency issues not
Assessment of Antidumping Duties, 68 FR 23954 contained in this agenda may come
(May 6, 2003) (Assessment Policy Notice). 13 The all-others rate established in the Order. before this group for discussion, in
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Document Created: 2015-12-18 11:44:55
Document Modified: 2015-12-18 11:44:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 24, 2015. | |
| Contact | Bryan Hansen or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3683, and (202) 482-1690, respectively. | |
| FR Citation | 80 FR 15565 |
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