82 FR 56050 - Fine Denier Polyester Staple Fiber From China, India, Korea, and Taiwan; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range		56050-56051
FR Document		2017-25546

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-579-580 and 731-TA-1369-1372 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of fine denier polyester staple fiber (``fine denier PSF'') from China, India, Korea, and Taiwan, provided for in subheading 5503.20.00 of the Harmonized Tariff Schedule of the United States. Imports of this product from China and India have been preliminarily determined by the Department of Commerce to be subsidized. Determinations with respect to imports of fine denier PSF alleged to be sold at less than fair value are pending.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56050-56051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25546]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-579-580 and 731-TA-1369-1372 (Final)]


Fine Denier Polyester Staple Fiber From China, India, Korea, and 
Taiwan; Scheduling of the Final Phase of Countervailing Duty and 
Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-579-580 and 731-TA-1369-1372 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of fine denier polyester staple fiber 
(``fine denier PSF'') from China, India, Korea, and Taiwan, provided 
for in subheading 5503.20.00 of the Harmonized Tariff Schedule of the 
United States. Imports of this product from China and India have been 
preliminarily determined by the Department of Commerce to be 
subsidized. Determinations with respect to imports of fine denier PSF 
alleged to be sold at less than fair value are pending.

DATES: November 6, 2017.

FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as, ``fine denier 
polyester staple fiber (fine denier PSF), not carded or combed, 
measuring less than 3.3

[[Page 56051]]

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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b)), as a result of affirmative preliminary determinations 
by the Department of Commerce that certain benefits which constitute 
subsidies within the meaning of section 703 of the Act (19 U.S.C. 
1671b) are being provided to manufacturers, producers, or exporters in 
China and India of fine denier PSF. The investigations were requested 
in petitions filed on May 31, 2017, by DAK Americas LLC, Charlotte, NC; 
Nan Ya Plastics Corporation, America, Lake City, SC; and Auriga 
Polymers Inc., Charlotte, NC.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on January 
3, 2018, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on 
Wednesday, January 17, 2018, at the U.S. International Trade Commission 
Building. Requests to appear at the hearing should be filed in writing 
with the Secretary to the Commission on or before January 11, 2018. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on January 12, 2018, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is January 10, 2018. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is January 23, 2018. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before January 23, 2018. On February 9, 2018, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before February 13, 2018, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's Web site at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25546 Filed 11-24-17; 8:45 am]
BILLING CODE 7020-02-P

56050 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

therein, is available for inspection (b) The respondent is the following INTERNATIONAL TRADE
during official business hours (8:45 a.m. entity alleged to be in violation of COMMISSION
to 5:15 p.m.) in the Office of the section 337, and is the party upon
[Investigation Nos. 701–TA–579–580 and
Secretary, U.S. International Trade which the complaint is to be served: 731–TA–1369–1372 (Final)]
Commission, 500 E Street SW., Room
112, Washington, DC 20436, telephone Sweet Green Fields USA LLC, 11
Bellwether Way, Suite 305, Fine Denier Polyester Staple Fiber
(202) 205–2000. Hearing impaired From China, India, Korea, and Taiwan;
individuals are advised that information Bellingham, WA 98225
Scheduling of the Final Phase of
on this matter can be obtained by Sweet Green Fields Co., Ltd., 11 Countervailing Duty and Antidumping
contacting the Commission’s TDD Bellwether Way, Suite 305, Duty Investigations
terminal on (202) 205–1810. Persons Bellingham, WA 98225
with mobility impairments who will AGENCY: United States International
Ningbo Green-Health Pharma-ceutical Trade Commission.
need special assistance in gaining access
Co., Ltd., a/k/a NB Green-Health ACTION: Notice.
to the Commission should contact the
Pharma-ceutical Co., Ltd., Fenghua
Office of the Secretary at (202) 205–
2000. General information concerning Xiwu Town Foreign Technological SUMMARY: The Commission hereby gives
the Commission may also be obtained Garden Fenghua, Zip Code: 315505, notice of the scheduling of the final
by accessing its Internet server at Ningbo, Zhejiang, China phase of antidumping and
https://www.usitc.gov. The public countervailing duty investigation Nos.
(3) For the investigation so instituted, 701–TA–579–580 and 731–TA–1369–
record for this investigation may be the Chief Administrative Law Judge,
viewed on the Commission’s electronic 1372 (Final) pursuant to the Tariff Act
U.S. International Trade Commission, of 1930 (‘‘the Act’’) to determine
docket (EDIS) at https://edis.usitc.gov. shall designate the presiding whether an industry in the United
FOR FURTHER INFORMATION CONTACT: Administrative Law Judge. The Office of States is materially injured or
Pathenia M. Proctor, The Office of Unfair Import Investigations will not threatened with material injury, or the
Unfair Import Investigations, U.S. participate as a party in this establishment of an industry in the
International Trade Commission, investigation. United States is materially retarded, by
telephone (202) 205–2560.
Responses to the complaint and the reason of imports of fine denier
SUPPLEMENTARY INFORMATION: polyester staple fiber (‘‘fine denier
notice of investigation must be
Authority: The authority for submitted by the named respondents in PSF’’) from China, India, Korea, and
institution of this investigation is accordance with section 210.13 of the Taiwan, provided for in subheading
contained in section 337 of the Tariff 5503.20.00 of the Harmonized Tariff
Commission’s Rules of Practice and
Act of 1930, as amended, 19 U.S.C. 1337 Schedule of the United States. Imports
Procedure, 19 CFR 210.13. Pursuant to
and in section 210.10 of the of this product from China and India
19 CFR 201.16(e) and 210.13(a), such
Commission’s Rules of Practice and have been preliminarily determined by
Procedure, 19 CFR 210.10 (2017). responses will be considered by the
Commission if received not later than 20 the Department of Commerce to be
Scope of Investigation: Having subsidized. Determinations with respect
considered the complaint, the U.S. days after the date of service by the
Commission of the complaint and the to imports of fine denier PSF alleged to
International Trade Commission, on be sold at less than fair value are
November 20, 2017, ordered that— notice of investigation. Extensions of
pending.
(1) Pursuant to subsection (b) of time for submitting responses to the
section 337 of the Tariff Act of 1930, as complaint and the notice of DATES: November 6, 2017.
amended, an investigation be instituted investigation will not be granted unless FOR FURTHER INFORMATION CONTACT:
to determine whether there is a good cause therefor is shown. Jordan Harriman (202–205–2610), Office
violation of subsection (a)(1)(B) of Failure of a respondent to file a timely of Investigations, U.S. International
section 337 in the importation into the response to each allegation in the Trade Commission, 500 E Street SW.,
United States, the sale for importation, Washington, DC 20436. Hearing-
complaint and in this notice may be
or the sale within the United States after impaired persons can obtain
deemed to constitute a waiver of the
importation of certain glucosylated information on this matter by contacting
right to appear and contest the
steviol glycosides, and products the Commission’s TDD terminal on 202–
allegations of the complaint and this 205–1810. Persons with mobility
containing same by reason of notice, and to authorize the
infringement of one or more of claims impairments who will need special
administrative law judge and the assistance in gaining access to the
1–14 of the ‘815 patent; and whether an
Commission, without further notice to Commission should contact the Office
industry in the United States exists or
the respondent, to find the facts to be as of the Secretary at 202–205–2000.
is in the process of being established as
required by subsection (a)(2) of section alleged in the complaint and this notice General information concerning the
337; and to enter an initial determination Commission may also be obtained by
(2) For the purpose of the and a final determination containing accessing its Internet server (https://
investigation so instituted, the following such findings, and may result in the www.usitc.gov). The public record for
are hereby named as parties upon which issuance of an exclusion order or a cease these investigations may be viewed on
and desist order or both directed against the Commission’s electronic docket
asabaliauskas on DSKBBXCHB2PROD with NOTICES

this notice of investigation shall be
served: the respondent. (EDIS) at https://edis.usitc.gov.
(a) The complainants are: By order of the Commission. SUPPLEMENTARY INFORMATION:
PureCircle USA Inc., 915 Harger Road, Issued: November 20, 2017. Scope.—For purposes of these
Suite 250, Oak Brook, IL 60523 investigations, the Department of
Katherine M. Hiner,
PureCircle Sdn Bhd, Level 12, West Commerce has defined the subject
Wing, Rohas PureCircle, No. 9 Jalan P. Supervisory Attorney. merchandise as, ‘‘fine denier polyester
Ramlee, 50250 Kuala Lumpur, [FR Doc. 2017–25479 Filed 11–24–17; 8:45 am] staple fiber (fine denier PSF), not carded
Malaysia BILLING CODE 7020–02–P or combed, measuring less than 3.3

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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56051

decitex (3 denier) in diameter. The maintain a public service list containing also file written testimony in connection
scope covers all fine denier PSF, the names and addresses of all persons, with their presentation at the hearing, as
whether coated or uncoated. The or their representatives, who are parties provided in section 207.24 of the
following products are excluded from to the investigations. Commission’s rules, and posthearing
the scope: Limited disclosure of business briefs, which must conform with the
(1) PSF equal to or greater than 3.3. proprietary information (BPI) under an provisions of section 207.25 of the
decitex (more than 3 denier, inclusive) administrative protective order (APO) Commission’s rules. The deadline for
currently classifiable under Harmonized and BPI service list.—Pursuant to filing posthearing briefs is January 23,
Tariff Schedule of the United States section 207.7(a) of the Commission’s 2018. In addition, any person who has
(HTSUS) subheadings 5503.20.0045 and rules, the Secretary will make BPI not entered an appearance as a party to
5503.20.0065. gathered in the final phase of these the investigations may submit a written
(2) Low-melt PSF defined as a investigations available to authorized statement of information pertinent to
bicomponent fiber with a polyester core applicants under the APO issued in the the subject of the investigations,
and anouter, polyester sheath that melts investigations, provided that the including statements of support or
at a significantly lower temperature than application is made no later than 21 opposition to the petition, on or before
its inner polyester core currently days prior to the hearing date specified January 23, 2018. On February 9, 2018,
classified under HTSUS subheading in this notice. Authorized applicants the Commission will make available to
5503.20.0015. must represent interested parties, as parties all information on which they
Fine denier PSF is classifiable under defined by 19 U.S.C. 1677(9), who are have not had an opportunity to
the HTSUS subheading 5503.20.0025. parties to the investigations. A party comment. Parties may submit final
Although the HTSUS subheadings are granted access to BPI in the preliminary comments on this information on or
provided for convenience and customs phase of the investigations need not before February 13, 2018, but such final
purposes, the written description of the reapply for such access. A separate comments must not contain new factual
scope of the investigation is service list will be maintained by the information and must otherwise comply
dispositive.’’ Secretary for those parties authorized to with section 207.30 of the Commission’s
Background.—The final phase of receive BPI under the APO. rules. All written submissions must
these investigations is being scheduled Staff report.—The prehearing staff conform with the provisions of section
pursuant to section 705(b) of the Tariff report in the final phase of these
Act of 1930 (19 U.S.C. 1671d(b)), as a 201.8 of the Commission’s rules; any
investigations will be placed in the submissions that contain BPI must also
result of affirmative preliminary nonpublic record on January 3, 2018,
determinations by the Department of conform with the requirements of
and a public version will be issued sections 201.6, 207.3, and 207.7 of the
Commerce that certain benefits which thereafter, pursuant to section 207.22 of
constitute subsidies within the meaning Commission’s rules. The Commission’s
the Commission’s rules.
of section 703 of the Act (19 U.S.C. Handbook on E-Filing, available on the
Hearing.—The Commission will hold
1671b) are being provided to Commission’s Web site at https://
a hearing in connection with the final
manufacturers, producers, or exporters phase of these investigations beginning edis.usitc.gov, elaborates upon the
in China and India of fine denier PSF. at 9:30 a.m. on Wednesday, January 17, Commission’s rules with respect to
The investigations were requested in 2018, at the U.S. International Trade electronic filing.
petitions filed on May 31, 2017, by DAK Commission Building. Requests to Additional written submissions to the
Americas LLC, Charlotte, NC; Nan Ya appear at the hearing should be filed in Commission, including requests
Plastics Corporation, America, Lake writing with the Secretary to the pursuant to section 201.12 of the
City, SC; and Auriga Polymers Inc., Commission on or before January 11, Commission’s rules, shall not be
Charlotte, NC. 2018. A nonparty who has testimony accepted unless good cause is shown for
For further information concerning that may aid the Commission’s accepting such submissions, or unless
the conduct of this phase of the deliberations may request permission to the submission is pursuant to a specific
investigations, hearing procedures, and present a short statement at the hearing. request by a Commissioner or
rules of general application, consult the All parties and nonparties desiring to Commission staff.
Commission’s Rules of Practice and appear at the hearing and make oral In accordance with sections 201.16(c)
Procedure, part 201, subparts A and B presentations should participate in a and 207.3 of the Commission’s rules,
(19 CFR part 201), and part 207, prehearing conference to be held on each document filed by a party to the
subparts A and C (19 CFR part 207). January 12, 2018, at the U.S. investigations must be served on all
Participation in the investigations and International Trade Commission other parties to the investigations (as
public service list.—Persons, including Building, if deemed necessary. Oral identified by either the public or BPI
industrial users of the subject testimony and written materials to be service list), and a certificate of service
merchandise and, if the merchandise is submitted at the public hearing are must be timely filed. The Secretary will
sold at the retail level, representative governed by sections 201.6(b)(2), not accept a document for filing without
consumer organizations, wishing to 201.13(f), and 207.24 of the a certificate of service.
participate in the final phase of these Commission’s rules. Parties must submit Authority: These investigations are
investigations as parties must file an any request to present a portion of their being conducted under authority of title
entry of appearance with the Secretary hearing testimony in camera no later VII of the Tariff Act of 1930; this notice
asabaliauskas on DSKBBXCHB2PROD with NOTICES

to the Commission, as provided in than 7 business days prior to the date of is published pursuant to section 207.21
section 201.11 of the Commission’s the hearing. of the Commission’s rules.
rules, no later than 21 days prior to the Written submissions.—Each party
By order of the Commission.
hearing date specified in this notice. A who is an interested party shall submit
party that filed a notice of appearance a prehearing brief to the Commission. Issued: November 21, 2017.
during the preliminary phase of the Prehearing briefs must conform with the Katherine M. Hiner,
investigations need not file an provisions of section 207.23 of the Supervisory Attorney.
additional notice of appearance during Commission’s rules; the deadline for [FR Doc. 2017–25546 Filed 11–24–17; 8:45 am]
this final phase. The Secretary will filing is January 10, 2018. Parties may BILLING CODE 7020–02–P

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Document Created: 2017-11-25 01:09:06
Document Modified: 2017-11-25 01:09:06

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
Action		Notice.
Dates		November 6, 2017.
Contact		Jordan Harriman (202-205-2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FR Citation		82 FR 56050