80 FR 43392 - Certain Polyester Staple Fiber From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 140 (July 22, 2015)
International Trade Administration
Federal Register Volume 80, Issue 140 (July 22, 2015)
| Page Range | 43392-43394 | |
| FR Document | 2015-17983 |
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)] [Notices] [Pages 43392-43394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17983] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-905] Certain Polyester Staple Fiber From the People's Republic of China: Preliminary Results of the 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 certain polyester staple fiber from the People's Republic of China (``PRC''), for the period of review (``POR''), June 1, 2013, to May 31, 2014. DATES: Effective date: July 22, 2015. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2243. SUPPLEMENTARY INFORMATION Background The Department preliminarily determines that Zhaoqing Tifo New Fibre Co., Ltd. (``Zhaoqing Tifo'') failed to establish that it is entitled to a separate rate for the POR and, thus, we are treating Zhaoqing Tifo as part of the PRC-wide entity.\1\ In addition, we preliminarily determine that Takayasu Industrial (Jiangyin) Co., Ltd. (``Takayasu'') had no shipments during the POR and, therefore, did not have any reviewable entries. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Decision Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ``Preliminary Results of 2013-2014 Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from the People's Republic of China'' (``Preliminary Decision Memorandum'') issued concurrently with this notice for a complete description of the Scope of the Order. --------------------------------------------------------------------------- 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 remains dispositive.\2\ --------------------------------------------------------------------------- \2\ For a full description of the scope of the Order, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(B) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.\3\ 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''). 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 [[Page 43393]] Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ A list of topics discussed in the Preliminary Decision Memorandum is provided at Appendix I to this notice. --------------------------------------------------------------------------- Preliminary Results of Review The Department initiated a review for two companies.\4\ The Department preliminarily determines that Zhaoqing Tifo failed to cooperate by not acting to the best of its ability to comply with the Department's request for information and, therefore, is not eligible for a separate rate. Accordingly, the Department preliminarily finds that the PRC-wide entity includes Zhaoqing Tifo.\5\ We also note that the Department's change in policy \6\ regarding conditional review of the PRC-wide entity applies to this administrative review.\7\ --------------------------------------------------------------------------- \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 44390 (July 31, 2014). \5\ See section 776(b) of the Act. \6\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). \7\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self- initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review. --------------------------------------------------------------------------- In addition, the Department preliminarily determines that Takayasu had no shipments during the POR and, therefore, had no reviewable entries. Public Comment and Opportunity to Request a Hearing Interested parties may submit case briefs within 30 days after the date of publication of these preliminary results of review.\8\ Rebuttals to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.\9\ Parties who submit arguments are requested to submit with the argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities.\10\ Parties submitting briefs should do so pursuant to the Department's electronic filing system, ACCESS. --------------------------------------------------------------------------- \8\ See 19 CFR 351.309(c)(1)(ii). \9\ See 19 CFR 351.309(d)(1)-(2). \10\ See 19 CFR 351.309(c)(2), (d)(2). --------------------------------------------------------------------------- Any interested party may request a hearing within 30 days of publication of this notice.\11\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs.\12\ If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.\13\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.310(c). \12\ Id. \13\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\14\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \14\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- For any individually examined respondent whose weighted average dumping margin is above de minimis (i.e., 0.50 percent) in the final results, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\15\ Where either a respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\16\ We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. --------------------------------------------------------------------------- \15\ See 19 CFR 351.212(b)(1). \16\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- The Department announced a refinement to its assessment practice in non-market economy (``NME'') cases.\17\ Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during the administrative 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, other than Takayasu's sample shipments, that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\18\ For Takayasu's sample suspended entries, the Department will instruct CBP to liquidate such entries without regard to antidumping duties. --------------------------------------------------------------------------- \17\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). \18\ Id. --------------------------------------------------------------------------- In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For any companies listed that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. [[Page 43394]] Notification to Importers This notice also 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 the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: June 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum Summary 1. Summary 2. Case History 3. Scope of the Order 4. Non-Market Economy Status 5. PRC-Wide Entity 6. Preliminary Determination of No Shipments [FR Doc. 2015-17983 Filed 7-21-15; 8:45 am] BILLING CODE 3510-DS-P
![43392 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices
the applicable revised certification Difluoromethane has the chemical formula Washington, DC 20230; telephone: (202)
requirements. CH2F2, and is registered as CAS No. 75–10– 482–2243.
5. It may also be known as HFC–32, FC–32,
Notification to Interested Parties SUPPLEMENTARY INFORMATION
Freon-32, Methylene difluoride, Methylene
Interested parties must submit fluoride, Carbon fluoride hydride, halocarbon Background
R32, fluorocarbon R32, and UN 3252. R–125
applications for disclosure under APO The Department preliminarily
or 1,1,1,2,2-Pentafluoroethane has the
in accordance with 19 CFR 351.305. On chemical formula CF3CHF2 and is registered determines that Zhaoqing Tifo New
January 22, 2008, the Department as CAS No. 354–33–6. R–125 may also be Fibre Co., Ltd. (‘‘Zhaoqing Tifo’’) failed
published Antidumping and known as R–125, HFC–125, to establish that it is entitled to a
Countervailing Duty Proceedings: Pentafluoroethane, Freon 125, and Fc–125, separate rate for the POR and, thus, we
Documents Submission Procedures; R–125. R–143a or 1,1,1-Trifluoroethane has are treating Zhaoqing Tifo as part of the
APO Procedures, 73 FR 3627 (January the chemical formula CF3CH3 and is PRC-wide entity.1 In addition, we
22, 2008). Parties wishing to participate registered as CAS No. 420–46–2. R–143a may preliminarily determine that Takayasu
in this investigation should ensure that also be known as R–143a, HFC–143a, Industrial (Jiangyin) Co., Ltd.
they meet the requirements of these Methylfluoroform, 1,1,1-Trifluoroform, and
UN2035.
(‘‘Takayasu’’) had no shipments during
procedures (e.g., the filing of letters of the POR and, therefore, did not have
Excluded from this investigation are blends
appearance as discussed in 19 CFR of refrigerant chemicals that include products any reviewable entries. If these
351.103(d)). other than HFCs, such as blends including preliminary results are adopted in the
This notice is issued and published chlorofluorocarbons (CFCs) or final results, the Department will
pursuant to section 777(i) of the Act. hydrochlorofluorocarbons (HCFCs). instruct U.S. Customs and Border
Dated: July 15, 2015. Also excluded from this investigation are Protection (‘‘CBP’’) to assess
Paul Piquado, patented HFC blends, such as ISCEON® antidumping duties on all appropriate
blends, including MO99TM (RR–438A), MO79 entries of subject merchandise during
Assistant Secretary for Enforcement and (R–422A), MO59 (R–417A), MO49PlusTM (R–
Compliance. the POR. Interested parties are invited to
437A) and MO29TM (R–4 22D), and
Genetron® PerformaxTM LT (R–407F).
comment on these preliminary results.
Appendix I—Scope of the Investigation
HFC blends covered by the scope of this Scope of the Order
The products subject to this investigation investigation are currently classified in the
are blended hydrofluorocarbons (HFCs) and Harmonized Tariff Schedule of the United The merchandise subject to the order
single HFC components of those blends States (HTSUS) at subheading 3824.78.0000. is certain polyester staple fiber. The
thereof, whether or not imported for Single component HFCs are currently product is currently classified under the
blending. HFC blends covered by the scope classified at subheading 2903.39.2030, Harmonized Tariff Schedule of the
are R–404, a zeotropic mixture consisting of HTSUS. Although the HTSUS subheadings United States (‘‘HTSUS’’) numbers
52 percent 1,1,1-Trifluoroethane, 44 percent and CAS registry numbers are provided for 5503.20.0045 and 5503.20.0065.
Pentafluoroethane, and 4 percent 1,1,1,2- convenience and customs purposes, the
Tetrafluoroethane; R–407A, a zeotropic Although the HTSUS numbers are
written description of the scope is provided for convenience and customs
mixture of 20 percent Difluoromethane, 40 dispositive.
percent Pentafluoroethane, and 40 percent purposes, the written description of the
1,1,1,2-Tetrafluoroethane; R–407C, a [FR Doc. 2015–17984 Filed 7–21–15; 8:45 am] scope of the order remains dispositive.2
zeotropic mixture of 23 percent BILLING CODE 3510–DS–P
Difluoromethane, 25 percent Methodology
Pentafluoroethane, and 52 percent 1,1,1,2- The Department conducted this
Tetrafluoroethane; R–410A, a zeotropic DEPARTMENT OF COMMERCE review in accordance with section
mixture of 50 percent Difluoromethane and 751(a)(1)(B) of the Act. For a full
50 percent Pentafluoroethane; and R–507A, International Trade Administration
an azeotropic mixture of 50 percent
description of the methodology
Pentafluoroethane and 50 percent 1,1,1- [A–570–905] underlying our conclusions, see the
Trifluoroethane also known as R–507. The Preliminary Decision Memorandum.3
foregoing percentages are nominal Certain Polyester Staple Fiber From The Preliminary Decision Memorandum
percentages by weight. Actual percentages of the People’s Republic of China: is a public document and is on file
single component refrigerants by weight may Preliminary Results of the electronically via Enforcement and
vary by plus or minus two percent points Compliance’s Antidumping and
from the nominal percentage identified
Antidumping Duty Administrative
Review; 2013–2014 Countervailing Duty Centralized
above.50
The single component HFCs covered by the Electronic Service System (‘‘ACCESS’’).
AGENCY: Enforcement and Compliance, ACCESS is available to registered users
scope are R–32, R–125, and R–143a. R–32 or
International Trade Administration, at http://access.trade.gov, and is
50 R–404A is sold under various trade names,
Department of Commerce. available to all parties in the Central
including Forane® 404A, Genetron® 404A, SUMMARY: The Department of Commerce Records Unit, room B8024 of the main
Solkane® 404A, Klea® 404A, and Suva®404A. R– (the ‘‘Department’’) is conducting an
407A is sold under various trade names, including administrative review of the 1 See Decision Memorandum from Christian
Forane® 407A, Solkane® 407A, Klea®407A, and
Suva®407A. R–407C is sold under various trade antidumping duty order on certain Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Paul
names, including Forane® 407C, Genetron® 407C, polyester staple fiber from the People’s Piquado, Assistant Secretary for Enforcement and
Solkane® 407C, Klea® 407C and Suva® 407C. R– Republic of China (‘‘PRC’’), for the Compliance, entitled ‘‘Preliminary Results of 2013–
410A is sold under various trade names, including
EcoFluor R410, Forane® 410A, Genetron® R410A
period of review (‘‘POR’’), June 1, 2013, 2014 Antidumping Duty Administrative Review:
and AZ–20, Solkane® 410A, Klea® 410A, Suva® to May 31, 2014. Certain Polyester Staple Fiber from the People’s
410A, and Puron®. R–507A is sold under various Republic of China’’ (‘‘Preliminary Decision
tkelley on DSK3SPTVN1PROD with NOTICES
DATES: Effective date: July 22, 2015. Memorandum’’) issued concurrently with this
trade names, including Forane® 507, Solkane® 507,
Klea®507, Genetron®AZ–50, and Suva®507. R–32 is FOR FURTHER INFORMATION CONTACT: notice for a complete description of the Scope of
sold under various trade names, including Javier Barrientos, AD/CVD Operations, the Order.
2 For a full description of the scope of the Order,
Solkane®32, Forane®32, and Klea®32. R–125 is sold Office V, Enforcement and Compliance,
under various trade names, including Solkane®125, see Preliminary Decision Memorandum.
Klea®125, Genetron®125, and Forane®125. R–143a
International Trade Administration, 3 A list of topics discussed in the Preliminary
is sold under various trade names, including Department of Commerce, 14th Street Decision Memorandum is provided at Appendix I
Solkane®143a, Genetron®143a, and Forane®125. and Constitution Avenue NW., to this notice.
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![43394 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices
Notification to Importers million downloads recorded annually that advances the Nation’s technology
This notice also serves as a (excluding web-based time services). infrastructure and helps U.S. companies
preliminary reminder to importers of Most of these data sets are currently continually improve products and
their responsibility under 19 CFR freely accessible through web-based services; the Hollings Manufacturing
351.402(f)(2) to file a certificate interfaces or are made available on CD Extension Partnership (MEP), a nation-
regarding the reimbursement of upon request. Mobile applications that wide network of local centers offering
antidumping duties prior to liquidation can readily access and utilize this data technical and business assistance to
of the relevant entries during the POR. will help drive further innovation and smaller manufacturers to help them
Failure to comply with this requirement support research through easy and low- create and retain jobs, increase profits,
could result in the Department’s barrier access to the results of U.S. tax- and save time and money; and the
presumption that reimbursement of payer funded research. Baldrige Performance Excellence
antidumping duties occurred and the Participants in this prize competition Program, which promotes performance
subsequent assessment of double are invited to submit Apps (as defined excellence among U.S. manufacturers,
in this Notice) that use eligible NIST service companies, educational
antidumping duties.
These preliminary results are issued Standard Reference Data (SRD) datasets institutions, health care providers, and
and published in accordance with listed on the Event Web site, http:// nonprofit organizations, conducts
sections 751(a)(1) and 777(i)(1) of the nistdata.challengepost.com. These outreach programs, and manages the
Act and 19 CFR 351.221(b)(4). eligible datasets pertain to physics and annual Malcolm Baldrige National
chemistry and are frequently used by Quality Award, which recognizes
Dated: June 30, 2015. performance excellence and quality
high school, college, and graduate
Paul Piquado, students in advanced chemistry and achievement. The agency operates in
Assistant Secretary for Enforcement and physics coursework. two locations: Gaithersburg, Maryland
Compliance. (headquarters—234-hectare/578-acre
DATES: Submission Period: July 27,
Appendix I—List of Topics Discussed in 2015–September 28, 2015. campus); and Boulder, Colorado (84-
the Preliminary Decision Memorandum Announcement of Winners: November hectare/208-acre campus). NIST
16, 2015. employs about 3,000 scientists,
Summary engineers, technicians, and support and
1. Summary The Submission Period begins July
27, 2015, at 9 a.m. EDT and ends administrative personnel. NIST also
2. Case History
3. Scope of the Order September 28, 2015, at 5 p.m. EDT. hosts about 2,700 associates from
4. Non-Market Economy Status Prize competition dates are subject to academia, industry, and other
5. PRC-Wide Entity change at the discretion of NIST. Entries government agencies, who collaborate
6. Preliminary Determination of No submitted before or after the Submission with NIST staff and access user
Shipments Period will not be reviewed or facilities. In addition, NIST partners
[FR Doc. 2015–17983 Filed 7–21–15; 8:45 am] considered for award. with more than 1,300 manufacturing
specialists and staff at more than 400
BILLING CODE 3510–DS–P FOR FURTHER INFORMATION CONTACT:
local MEP centers around the country.
Questions about the prize competition NIST provides measurement and
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at Appchallenge@nist.gov, phone 301– services, and Standard Reference Data.
National Institute of Standards and
975–4525.
Technology Eligibility Rules for Participating in the
Changes or updates to the prize
[Docket Number: 150702573–5573–01] competition rules will be posted and Competition
can be viewed at the Event Web site, This Competition is open to all
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Challenge on the NIST Web site, www.nist.gov. Commonwealth of the Northern Mariana
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and Technology (NIST), Commerce. for-profit or non-profit corporations,
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ACTION: Notice. institutions, or other validly formed
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and provide a useful service to those advancing measurement science, individual or legal entity) must have
tkelley on DSK3SPTVN1PROD with NOTICES
who can best use it. NIST Standard standards, and technology in ways that registered to participate, must have
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Document Created: 2015-12-15 12:54:32
Document Modified: 2015-12-15 12:54:32
| 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 | |
| Contact | Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2243. | |
| FR Citation | 80 FR 43392 |
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