82_FR_51600 82 FR 51387 - Fine Denier Polyester Staple Fiber From India: Preliminary Affirmative Countervailing Duty Determination

82 FR 51387 - Fine Denier Polyester Staple Fiber From India: Preliminary Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51387-51389
FR Document2017-24078

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of fine denier polyester staple fiber (fine denier PSF) from India. The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017)
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51387-51389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24078]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-876]


Fine Denier Polyester Staple Fiber From India: Preliminary 
Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of fine denier polyester staple fiber (fine 
denier PSF) from India. The period of investigation is January 1, 2016, 
through December 31, 2016.

DATES: Applicable November 6, 2017.

FOR FURTHER INFORMATION CONTACT: Trisha Tran or Eli Lovely, 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) 482-4852 or (202) 482-1593, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on June 27, 
2017.\1\ On August 8, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 30, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision

[[Page 51388]]

Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. 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 Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Fine Denier Polyester Staple Fiber from India and the 
People's Republic of China: Initiation of Countervailing Duty 
Investigations, 82 FR 29028 (June 27,2017) (Initiation Notice).
    \2\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China and India: Postponement of Preliminary 
Determinations in the Countervailing Duty Investigations, 82 FR 
37048 (August 8, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Fine 
Denier Polyester Staple Fiber from India,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is fine denier PSF from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, as well as additional language proposed by the 
Department.\6\ The Department intends to issue its preliminary decision 
regarding comments concerning the scope of the antidumping duty (AD) 
and countervailing duty (CVD) investigations in the preliminary 
determination of the companion AD investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ Letter from from David C. Poole Company Inc., ``Fine Denier 
Polyester Staple Fiber from the People's Republic of China, India, 
the Republic of Korea, Taiwan, and Vietnam; Scope Comments,'' dated 
July 10, 2017; Letter from Suominen Corporation, ``Fine Denier 
Polyester Staple Fiber from the People's Republic of China, India, 
the Republic of Korea, Taiwan, and the Socialist Republic of 
Vietnam,'' dated July 10, 2017; Letter from Consolidated Fibers, 
Inc., ``Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, Taiwan, and the 
Socialist Republic of Vietnam--Scope Comments,'' dated July 10, 
2017; Letter from Reliance, ``Fine Denier Polyester Staple Fiber 
from the People's Republic of China, India, the Republic of Korea, 
Taiwan, and the Socialist Republic of Vietnam: Reliance Industries, 
Ltd.'s Comments Regarding the Scope of the Investigation,'' dated 
July 10, 2017; Letter from the petitioners, ``Fine Denier Polyester 
Staple Fiber from the People's Republic of China, India, the 
Republic of Korea, Taiwan, and the Socialist Republic of Vietnam--
Petitioners' Scope Comments,'' dated July 12, 2017; Letter from the 
petitioners, ``Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, Taiwan, and the 
Socialist Republic of Vietnam--Petitioners' Rebuttal Scope Comments 
to the Importers' Scope Exclusion Requests,'' dated July 12, 2017.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\7\
---------------------------------------------------------------------------

    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The Department notes that, in making these findings, it relied, in 
part, on facts available and, because it finds that one or more 
respondents did not act to the best of their ability to respond to the 
Department's requests for information, it drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\8\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act.
    In this investigation, the Department calculated individual 
estimated countervailable subsidy rates for Bombay Dyeing & 
Manufacturing Company Limited (Bombay Dyeing) and Reliance Limited 
Industries (Reliance) that are not zero, de minimis, or based entirely 
on facts otherwise available. The Department calculated the all-others' 
rate using a weighted average of the individual estimated subsidy rates 
calculated for the examined respondents using each company's publicly-
ranged values for the merchandise under consideration.\9\
---------------------------------------------------------------------------

    \9\ With two respondents under examination, the Department 
normally calculates (A) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents; (B) a simple average 
of the estimated subsidy rates calculated for the examined 
respondents; and (C) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See, e.g., Ball Bearings and Parts 
Thereof from France, Germany, Italy, Japan, and the United Kingdom: 
Final Results of Antidumping Duty Administrative Reviews, Final 
Results of Changed-Circumstances Review, and Revocation of an Order 
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete 
publicly ranged sales data was available, the Department based the 
all-others rate on the publicly ranged sales data of the mandatory 
respondents. For a complete analysis of the data, please see the 
All-Others' Rate Calculation Memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Bombay Dyeing & Manufacturing Company Limited...........            7.18
Reliance Industries Limited.............................            9.86
All-Others..............................................            9.37
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
rates indicated above.

Disclosure

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

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

[[Page 51389]]

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
If the final determination is affirmative, the ITC will determine 
before the later of 120 days after the date of this preliminary 
determination or 45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: October 30, 2017.
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 bicomponent fiber with a polyester 
core and anouter, polyester sheath that melts at a significantly 
lower temperature than its inner polyester core currently classified 
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 the investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion

[FR Doc. 2017-24078 Filed 11-3-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices                                                     51387

                                                 Consistent with an announced                          five days after the date for filing case                Dated: October 31, 2017.
                                               refinement to its assessment practice in                briefs.13 Parties who submit case briefs              Gary Taverman,
                                               non-market economy cases, the                           or rebuttal briefs in this proceeding are             Deputy Assistant Secretary for Antidumping
                                               Department is not rescinding this                       encouraged to submit with each                        and Countervailing Duty Operations,
                                               review but intends to complete the                      argument: (1) A statement of the issue;               performing the non-exclusive functions and
                                               review with respect to CS Wind Group                                                                          duties of the Assistant Secretary for
                                                                                                       (2) a brief summary of the argument;
                                               for which it has preliminarily found no                                                                       Enforcement and Compliance.
                                                                                                       and (3) a table of authorities.14 Case and
                                               shipments and issue appropriate                         rebuttal briefs should be filed using
                                                                                                                                                             [FR Doc. 2017–24080 Filed 11–3–17; 8:45 am]
                                               instructions to CBP based on the final                  ACCESS.15 In order to be properly filed,              BILLING CODE 3510–DS–P
                                               results of the review.8
                                                                                                       ACCESS must successfully receive an
                                               Assessment Rates                                        electronically-filed document in its                  DEPARTMENT OF COMMERCE
                                                  Upon issuance of the final results, the              entirety by 5 p.m. Eastern Time on the
                                               Department will determine, and CBP                      date on which it is due.                              International Trade Administration
                                               shall assess, antidumping duties on all                    Pursuant to 19 CFR 351.310(c),
                                               appropriate entries covered by this                     interested parties who wish to request a              [C–533–876]
                                               review.9 The Department intends to                      hearing, or to participate if one is
                                               issue assessment instructions to CBP 15                 requested, must submit a written                      Fine Denier Polyester Staple Fiber
                                               days after the publication date of the                  request to the Assistant Secretary for                From India: Preliminary Affirmative
                                               final results of this review. For entries               Enforcement and Compliance, filed                     Countervailing Duty Determination
                                               of subject merchandise during the POR                   electronically via ACCESS, within 30
                                               produced but not exported or exported                                                                         AGENCY:  Enforcement and Compliance,
                                                                                                       days after the date of publication of this            International Trade Administration,
                                               but not produced by CS Wind Group,
                                                                                                       notice.16 Requests should contain: (1)                Department of Commerce.
                                               we will instruct CBP to liquidate
                                               unreviewed entries at the Vietnam-wide                  The party’s name, address, and                        SUMMARY: The Department of Commerce
                                               rate if there was no rate for the                       telephone number; (2) the number of                   (the Department) preliminarily
                                               intermediate company or companies                       participants; and (3) a list of issues to be          determines that countervailable
                                               involved in the transaction.10 For                      discussed. Issues raised in the hearing               subsidies are being provided to
                                               entries of subject merchandise during                   will be limited to those raised in the                producers and exporters of fine denier
                                               the POR produced and exported by CS                     respective case briefs.                               polyester staple fiber (fine denier PSF)
                                               Wind Group, these entries continue to                      The Department intends to issue the                from India. The period of investigation
                                               be excluded from the order and will                     final results of this administrative                  is January 1, 2016, through December
                                               remain enjoined pursuant to the terms                   review, including the results of its                  31, 2016.
                                               of the injunction during the pendency of                analysis of the issues raised in any                  DATES: Applicable November 6, 2017.
                                               any appeals process.11                                  written briefs, not later than 120 days
                                                  Additionally, for the companies for                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                       after the date of publication of this                 Trisha Tran or Eli Lovely, AD/CVD
                                               which this review is rescinded,
                                                                                                       notice, unless extended, pursuant to                  Operations, Office IV, Enforcement and
                                               antidumping duties shall be assessed at
                                               rates equal to the cash deposit of                      section 751(a)(3)(A) of the Act.                      Compliance, International Trade
                                               estimated antidumping duties required                   Notification to Importers                             Administration, U.S. Department of
                                               at the time of entry, or withdrawal from                                                                      Commerce, 1401 Constitution Avenue
                                               warehouse, for consumption, in                            This notice also serves as a                        NW., Washington, DC 20230; telephone:
                                               accordance with 19 CFR 351.212(c)(l)(i).                preliminary reminder to importers of                  (202) 482–4852 or (202) 482–1593,
                                               The Department intends to issue                         their responsibility under 19 CFR                     respectively.
                                               appropriate assessment instructions to                  351.402(f)(2) to file a certificate                   SUPPLEMENTARY INFORMATION:
                                               CBP 15 days after publication of this                   regarding the reimbursement of
                                               notice.                                                 antidumping duties prior to liquidation               Background
                                               Disclosure and Public Comment                           of the relevant entries during this                      This preliminary determination is
                                                                                                       review period. Failure to comply with                 made in accordance with section 703(b)
                                                 Pursuant to 19 CFR 351.309(c),
                                                                                                       this requirement could result in the                  of the Tariff Act of 1930, as amended
                                               interested parties may submit case briefs
                                                                                                       Secretary’s presumption that                          (the Act). The Department published the
                                               no later than 30 days after the date of
                                                                                                       reimbursement of antidumping duties                   notice of initiation of this investigation
                                               publication of this notice.12 Rebuttal
                                                                                                       occurred and the subsequent assessment                on June 27, 2017.1 On August 8, 2017,
                                               briefs, limited to issues raised in the
                                                                                                       of double antidumping duties.                         the Department postponed the
                                               case briefs, may be filed not later than
                                                                                                                                                             preliminary determination of this
                                                                                                       Notification to Interested Parties                    investigation and the revised deadline is
                                                 8 See  Non-Market Economy Antidumping
                                               Proceedings: Assessment of Antidumping Duties, 76         We are issuing and publishing these                 now October 30, 2017.2 For a complete
                                               FR 65694, 65694–95 (October 24, 2011) and the                                                                 description of the events that followed
                                               ‘‘Assessment Rates’’ section, below.                    results in accordance with sections
                                                                                                                                                             the initiation of this investigation, see
                                                  9 See 19 CFR 351.212(b)(1).                          751(a)(1) and 777(i)(1) of the Act.
                                                  10 See Antidumping and Countervailing Duty
                                                                                                                                                             the Preliminary Decision
Pmangrum on DSK3GDR082PROD with NOTICES




                                               Proceedings: Assessment of Antidumping Duties, 68
                                               FR 23954 (May 6, 2003).                                                                                          1 See Fine Denier Polyester Staple Fiber from
                                                  11 See Utility Scale Wind Towers from the                                                                  India and the People’s Republic of China: Initiation
                                               Socialist Republic of Vietnam: Notice of Court                                                                of Countervailing Duty Investigations, 82 FR 29028
                                               Decision Not in Harmony with the Final                                                                        (June 27,2017) (Initiation Notice).
                                               Determination of Less Than Fair Value                     13 See 19 CFR 351.309(d).
                                                                                                                                                                2 See Fine Denier Polyester Staple Fiber from the

                                               Investigation and Notice of Amended Final                 14 See
                                                                                                                                                             People’s Republic of China and India:
                                               Determination of Investigation, 82 FR 15493 (March               19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                             Postponement of Preliminary Determinations in the
                                                                                                         15 See 19 CFR 351.303.
                                               29, 2017) (Timken Notice).                                                                                    Countervailing Duty Investigations, 82 FR 37048
                                                  12 See 19 CFR 351.309(c)(ii).                          16 See 19 CFR 351.310(c).                           (August 8, 2017).



                                          VerDate Sep<11>2014   14:48 Nov 03, 2017   Jkt 244001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\06NON1.SGM   06NON1


                                               51388                       Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices

                                               Memorandum.3 A list of topics                           to issue its preliminary decision                      values for the merchandise under
                                               discussed in the Preliminary Decision                   regarding comments concerning the                      consideration.9
                                               Memorandum is included as Appendix                      scope of the antidumping duty (AD) and
                                                                                                                                                              Preliminary Determination
                                               II to this notice. The Preliminary                      countervailing duty (CVD)
                                               Decision Memorandum is a public                         investigations in the preliminary                        The Department preliminarily
                                               document and is on file electronically                  determination of the companion AD                      determines that the following estimated
                                               via Enforcement and Compliance’s                        investigation.                                         countervailable subsidy rates exist:
                                               Antidumping and Countervailing Duty
                                                                                                       Methodology
                                               Centralized Electronic Service System                                                                                                                       Subsidy
                                               (ACCESS). ACCESS is available to                          The Department is conducting this                                 Company                          rate
                                                                                                                                                                                                          (percent)
                                               registered users at http://                             investigation in accordance with section
                                               access.trade.gov, and is available to all               701 of the Act. For each of the subsidy                Bombay Dyeing & Manufac-
                                               parties in the Central Records Unit,                    programs found countervailable, the                      turing Company Limited ....                      7.18
                                               Room B8024 of the main Department of                    Department preliminarily determines                    Reliance Industries Limited ..                     9.86
                                               Commerce building. In addition, a                       that there is a subsidy, i.e., a financial             All-Others ..............................          9.37
                                               complete version of the Preliminary                     contribution by an ‘‘authority’’ that
                                               Decision Memorandum can be accessed                     gives rise to a benefit to the recipient,              Suspension of Liquidation
                                               directly at http://enforcement.trade.gov/               and that the subsidy is specific.7
                                               frn/. The signed and electronic versions                                                                          In accordance with section
                                                                                                         The Department notes that, in making                 703(d)(1)(B) and (d)(2) of the Act, the
                                               of the Preliminary Decision                             these findings, it relied, in part, on facts
                                               Memorandum are identical in content.                                                                           Department will direct U.S. Customs
                                                                                                       available and, because it finds that one               and Border Protection (CBP) to suspend
                                               Scope of the Investigation                              or more respondents did not act to the                 liquidation of entries of subject
                                                 The product covered by this                           best of their ability to respond to the                merchandise as described in the scope
                                               investigation is fine denier PSF from                   Department’s requests for information, it              of the investigation section entered, or
                                               India. For a complete description of the                drew an adverse inference where                        withdrawn from warehouse, for
                                               scope of this investigation, see                        appropriate in selecting from among the                consumption on or after the date of
                                               Appendix I.                                             facts otherwise available.8 For further                publication of this notice in the Federal
                                                                                                       information, see ‘‘Use of Facts                        Register. Further, pursuant to 19 CFR
                                               Scope Comments                                          Otherwise Available and Adverse                        351.205(d), the Department will instruct
                                                 In accordance with the preamble to                    Inferences’’ in the Preliminary Decision               CBP to require a cash deposit equal to
                                               the Department’s regulations,4 the                      Memorandum.                                            the rates indicated above.
                                               Initiation Notice set aside a period of                 All-Others Rate                                        Disclosure
                                               time for parties to raise issues regarding
                                               product coverage, (i.e., scope).5 Certain                 Sections 703(d) and 705(c)(5)(A) of                     The Department intends to disclose
                                               interested parties commented on the                     the Act provide that in the preliminary                its calculations and analysis performed
                                               scope of the investigation as it appeared               determination, the Department shall                    to interested parties in this preliminary
                                               in the Initiation Notice, as well as                    determine an estimated all-others rate                 determination within five days of its
                                               additional language proposed by the                     for companies not individually                         public announcement, or if there is no
                                               Department.6 The Department intends                     examined. This rate shall be an amount                 public announcement, within five days
                                                                                                       equal to the weighted average of the                   of the date of this notice in accordance
                                                  3 See Memorandum, ‘‘Decision Memorandum for          estimated subsidy rates established for                with 19 CFR 351.224(b).
                                               the Preliminary Determination of the                    those companies individually
                                               Countervailing Duty Investigation of Fine Denier
                                                                                                       examined, excluding any zero and de                    Verification
                                               Polyester Staple Fiber from India,’’ dated
                                               concurrently with, and hereby adopted by, this          minimis rates and any rates based                         As provided in section 782(i)(1) of the
                                               notice (Preliminary Decision Memorandum).               entirely under section 776 of the Act.                 Act, the Department intends to verify
                                                  4 See Antidumping Duties; Countervailing Duties,
                                                                                                         In this investigation, the Department                the information relied upon in making
                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                  5 See Initiation Notice.                             calculated individual estimated                        its final determination.
                                                  6 Letter from from David C. Poole Company Inc.,      countervailable subsidy rates for
                                               ‘‘Fine Denier Polyester Staple Fiber from the           Bombay Dyeing & Manufacturing                             9 With two respondents under examination, the

                                               People’s Republic of China, India, the Republic of      Company Limited (Bombay Dyeing) and                    Department normally calculates (A) a weighted-
                                               Korea, Taiwan, and Vietnam; Scope Comments,’’           Reliance Limited Industries (Reliance)                 average of the estimated subsidy rates calculated for
                                               dated July 10, 2017; Letter from Suominen                                                                      the examined respondents; (B) a simple average of
                                               Corporation, ‘‘Fine Denier Polyester Staple Fiber       that are not zero, de minimis, or based                the estimated subsidy rates calculated for the
                                               from the People’s Republic of China, India, the         entirely on facts otherwise available.                 examined respondents; and (C) a weighted-average
                                               Republic of Korea, Taiwan, and the Socialist            The Department calculated the all-                     of the estimated subsidy rates calculated for the
                                               Republic of Vietnam,’’ dated July 10, 2017; Letter      others’ rate using a weighted average of               examined respondents using each company’s
                                               from Consolidated Fibers, Inc., ‘‘Fine Denier                                                                  publicly-ranged U.S. sale quantities for the
                                               Polyester Staple Fiber from the People’s Republic       the individual estimated subsidy rates                 merchandise under consideration. The Department
                                               of China, India, the Republic of Korea, Taiwan, and     calculated for the examined respondents                then compares (B) and (C) to (A) and selects the rate
                                               the Socialist Republic of Vietnam—Scope                 using each company’s publicly-ranged                   closest to (A) as the most appropriate rate for all
                                               Comments,’’ dated July 10, 2017; Letter from                                                                   other producers and exporters. See, e.g., Ball
                                               Reliance, ‘‘Fine Denier Polyester Staple Fiber from                                                            Bearings and Parts Thereof from France, Germany,
                                                                                                       Staple Fiber from the People’s Republic of China,
Pmangrum on DSK3GDR082PROD with NOTICES




                                               the People’s Republic of China, India, the Republic                                                            Italy, Japan, and the United Kingdom: Final Results
                                               of Korea, Taiwan, and the Socialist Republic of         India, the Republic of Korea, Taiwan, and the          of Antidumping Duty Administrative Reviews, Final
                                               Vietnam: Reliance Industries, Ltd.’s Comments           Socialist Republic of Vietnam—Petitioners’ Rebuttal    Results of Changed-Circumstances Review, and
                                               Regarding the Scope of the Investigation,’’ dated       Scope Comments to the Importers’ Scope Exclusion       Revocation of an Order in Part, 75 FR 53661, 53663
                                               July 10, 2017; Letter from the petitioners, ‘‘Fine      Requests,’’ dated July 12, 2017.                       (September 1, 2010). As complete publicly ranged
                                                                                                         7 See sections 771(5)(B) and (D) of the Act
                                               Denier Polyester Staple Fiber from the People’s                                                                sales data was available, the Department based the
                                               Republic of China, India, the Republic of Korea,        regarding financial contribution; section 771(5)(E)    all-others rate on the publicly ranged sales data of
                                               Taiwan, and the Socialist Republic of Vietnam—          of the Act regarding benefit; and section 771(5A) of   the mandatory respondents. For a complete analysis
                                               Petitioners’ Scope Comments,’’ dated July 12, 2017;     the Act regarding specificity.                         of the data, please see the All-Others’ Rate
                                               Letter from the petitioners, ‘‘Fine Denier Polyester      8 See sections 776(a) and (b) of the Act.            Calculation Memorandum.



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                                                                           Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices                                                     51389

                                               Public Comment                                            Dated: October 30, 2017.                            SUMMARY:   As a result of this sunset
                                                                                                       Gary Taverman,                                        review, the Department of Commerce
                                                  Case briefs or other written comments                Deputy Assistant Secretary for Antidumping            (the Department) finds that revocation
                                               may be submitted to the Assistant                       and Countervailing Duty Operations,                   of the antidumping duty (AD) order on
                                               Secretary for Enforcement and                           performing the non-exclusive functions and            tapered roller bearings and parts thereof,
                                               Compliance no later than seven days                     duties of the Assistant Secretary for                 finished and unfinished (TRBs) from the
                                               after the date on which the last                        Enforcement and Compliance.                           People’s Republic of China (PRC) would
                                               verification report is issued in this                   Appendix I                                            be likely to lead to continuation or
                                               investigation. Rebuttal briefs, limited to                                                                    recurrence of dumping. The magnitude
                                                                                                       Scope of the Investigation
                                               issues raised in case briefs, may be                                                                          of the dumping margin likely to prevail
                                               submitted no later than five days after                    The merchandise covered by this                    is indicated in the ‘‘Final Results of
                                                                                                       investigation is fine denier polyester staple
                                               the deadline date for case briefs.10                    fiber (fine denier PSF), not carded or combed,        Sunset Review’’ section of this notice.
                                               Pursuant to 19 CFR 351.309(c)(2) and                    measuring less than 3.3 decitex (3 denier) in         DATES:   Applicable November 6, 2017.
                                               (d)(2), parties who submit case briefs or               diameter. The scope covers all fine denier
                                               rebuttal briefs in this investigation are               PSF, whether coated or uncoated. The                  FOR FURTHER INFORMATION CONTACT:
                                               encouraged to submit with each                          following products are excluded from the              Whitley Herndon; Office II, AD/CVD
                                               argument: (1) A statement of the issue;                 scope:                                                Operations, Enforcement and
                                                                                                          (1) PSF equal to or greater than 3.3. decitex
                                               (2) a brief summary of the argument;                                                                          Compliance, International Trade
                                                                                                       (more than 3 denier, inclusive) currently
                                               and (3) a table of authorities.                         classifiable under Harmonized Tariff                  Administration, U.S. Department of
                                                                                                       Schedule of the United States (HTSUS)                 Commerce, 1401 Constitution Avenue
                                                  Pursuant to 19 CFR 351.310(c),
                                                                                                       subheadings 5503.20.0045 and 5503.20.0065.            NW., Washington, DC 20230; telephone:
                                               interested parties who wish to request a
                                                                                                          (2) Low-melt PSF defined as a                      (202) 482–6274.
                                               hearing, limited to issues raised in the                bicomponent fiber with a polyester core and
                                               case and rebuttal briefs, must submit a                 anouter, polyester sheath that melts at a             SUPPLEMENTARY INFORMATION:
                                               written request to the Assistant                        significantly lower temperature than its inner        Background
                                               Secretary for Enforcement and                           polyester core currently classified under
                                               Compliance, U.S. Department of                          HTSUS subheading 5503.20.0015.                          On June 15, 1987, the Department
                                                                                                          Fine denier PSF is classifiable under the
                                               Commerce within 30 days after the date                                                                        published the AD order on TRBs from
                                                                                                       HTSUS subheading 5503.20.0025. Although
                                               of publication of this notice. Requests                 the HTSUS subheadings are provided for                the PRC.1 On July 3, 2017, the
                                               should contain the party’s name,                        convenience and customs purposes, the                 Department initiated the fourth sunset
                                               address, and telephone number, the                      written description of the scope of the               review of the AD order on TRBs from
                                               number of participants, whether any                     investigation is dispositive.                         the PRC pursuant to section 751(c) of
                                               participant is a foreign national, and a                                                                      the Tariff Act of 1930, as amended
                                                                                                       Appendix II
                                               list of the issues to be discussed. If a                                                                      (Act).2 On July 10, 2017, the Department
                                               request for a hearing is made, the                      List of Topics Discussed in the Preliminary           received a timely notice of intent to
                                                                                                       Decision Memorandum                                   participate in the sunset review from the
                                               Department intends to hold the hearing
                                               at the U.S. Department of Commerce,                     I. Summary                                            Timken Company (Timken), a domestic
                                                                                                       II. Background                                        producer and the petitioner in the TRBs
                                               1401 Constitution Avenue NW.,                           III. Scope Comments
                                               Washington, DC 20230, at a time and                                                                           less-than-fair-value investigation, within
                                                                                                       IV. Scope of the Investigation                        the 15-day period specified in 19 CFR
                                               date to be determined. Parties should                   V. Injury Test
                                                                                                                                                             351.218(d)(1)(i).3 On August 2, 2017,
                                               confirm by telephone the date, time, and                VI. Subsidies Valuation
                                                                                                       VII. Benchmarks and Discount Rates                    Timken filed a timely substantive
                                               location of the hearing two days before
                                                                                                       VIII. Use of Facts Otherwise Available and            response with the Department pursuant
                                               the scheduled date.                                                                                           to 19 CFR 351.218(d)(3)(i).4 The
                                                                                                             Adverse Inferences
                                               International Trade Commission                          IX. Analysis of Programs                              Department did not receive a
                                               Notification                                            X. Calculation of the All-Others Rate                 substantive response from any
                                                                                                       XI. ITC Notification                                  respondent interested party. As a result,
                                                  In accordance with section 703(f) of                 XII. Disclosure and Public Comment                    pursuant to section 751(c)(3)(B) of the
                                               the Act, the Department will notify the                 XIII. Verification
                                                                                                       XIV. Conclusion
                                                                                                                                                             Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
                                               International Trade Commission (ITC) of
                                               its determination. If the final                         [FR Doc. 2017–24078 Filed 11–3–17; 8:45 am]              1 See Antidumping Duty Order; Tapered Roller

                                               determination is affirmative, the ITC                   BILLING CODE 3510–DS–P                                Bearings and Parts Thereof, Finished or Unfinished,
                                                                                                                                                             from the People’s Republic of China, 52 FR 22667
                                               will determine before the later of 120                                                                        (June 15, 1987), as amended by Tapered Roller
                                               days after the date of this preliminary                                                                       Bearings from the People’s Republic of China;
                                                                                                       DEPARTMENT OF COMMERCE
                                               determination or 45 days after the final                                                                      Amendment to Final Determination of Sales at Less
                                               determination.                                                                                                Than Fair Value and Antidumping Duty Order in
                                                                                                       International Trade Administration                    Accordance With Decision Upon Remand, 55 FR
                                               Notification to Interested Parties                                                                            6669 (February 26, 1990) (Order).
                                                                                                       [A–570–601]                                              2 See Initiation of Five-Year (Sunset) Reviews, 82

                                                 This determination is issued and                                                                            FR 80844 (July 3, 2017).
                                                                                                       Tapered Roller Bearings and Parts                        3 See Timken’s Letter, ‘‘Fourth Sunset Review of
                                               published pursuant to sections 703(f)                   Thereof, Finished and Unfinished,
Pmangrum on DSK3GDR082PROD with NOTICES




                                                                                                                                                             the Antidumping Order on Tapered Roller Bearings
                                               and 777(i) of the Act and 19 CFR                        From the People’s Republic of China:                  from China (A–570–601): Notice of Intent to
                                               351.205(c).                                             Final Results of the Expedited Fourth                 Participate of the Timken Company,’’ dated July 10,
                                                                                                                                                             2017.
                                                                                                       Sunset Review of the Antidumping                         4 See Timken’s Letter, ‘‘Sunset Review (4th
                                                                                                       Duty Order                                            Review) pursuant to Section 751(c) of the Tariff Act
                                                                                                                                                             of 1930 of the antidumping duty order on Tapered
                                                                                                       AGENCY:  Enforcement and Compliance,                  Roller Bearings from China (Case No. A–570–601)
                                                 10 See 19 CFR 351.309; see also 19 CFR 351.303        International Trade Administration,                   Substantive Response to the Notice of Initiation,’’
                                               (for general filing requirements).                      Department of Commerce.                               dated August 2, 2017.



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Document Created: 2017-11-07 10:30:24
Document Modified: 2017-11-07 10:30:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable November 6, 2017.
ContactTrisha Tran or Eli Lovely, 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) 482-4852 or (202) 482-1593, respectively.
FR Citation82 FR 51387 

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