83_FR_4926 83 FR 4903 - Low Melt Polyester Staple Fiber From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 4903 - Low Melt Polyester Staple Fiber From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range4903-4905
FR Document2018-02043

The Department of Commerce (Commerce) preliminarily determines that low melt polyester staple fiber (low melt PSF) from Taiwan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4903-4905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02043]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-861]


Low Melt Polyester Staple Fiber From Taiwan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that low melt polyester staple fiber (low melt PSF) from Taiwan is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is April 1, 2016, 
through March 31, 2017.

DATES: Applicable February 2, 2018.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ajay Menon, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-1993, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 24, 
2017.\1\ On November 20, 2017, Commerce postponed the preliminary 
determination of this investigation until January 23, 2018.\2\ Commerce 
has exercised its discretion to toll deadlines for the duration of the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the preliminary determination of this 
investigation is now January 26, 2018.\3\

[[Page 4904]]

For a complete description of the events that followed the initiation 
of this investigation, see the Preliminary Decision Memorandum.\4\ A 
list of topics included 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 https://access.trade.gov, and 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 the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 
82 FR 34277 (July 24, 2017) (Initiation Notice).
    \2\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Postponement of Preliminary Determinations in the 
Less-Than-Fair-Value Investigations, 82 FR 55091 (November 20, 
2017).
    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by 3 days.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Low Melt 
Polyester Staple Fiber from Taiwan'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is low melt PSF from 
Taiwan. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ During this period, 
no interested party commented on the scope of this investigation; 
however, we received comments on the overlap between the scope of this 
investigation and other proceedings before Commerce.\7\
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
    \7\ See Petitioner's Letter, ``Low Melt Polyester Staple Fiber 
from the Republic of Korea and Taiwan--Petitioner's Comments on 
Potential Scope Overlap,'' dated October 5, 2017. The petitioner in 
this case is Nan Ya Plastics Corporation, America.
---------------------------------------------------------------------------

    Commerce is preliminarily modifying the scope language as it 
appeared in the Initiation Notice to eliminate the overlap in product 
coverage with the existing PSF Taiwan AD order.\8\ See the revised 
scope in Appendix I to this notice. For further discussion, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber from the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber 
from the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated an export price in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined. 
Section 735(c)(5)(A) of the Act provides that this rate shall be an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely under section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Far Eastern New Century Corporation (FENC), the only 
individually examined exporter/producer in this investigation.\9\ 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for FENC is the margin 
assigned to all-other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \9\ We selected two mandatory respondents in this investigation: 
FENC and Far Eastern Textile Limited. See Memorandum, ``Respondent 
Selection for the Antidumping Duty Investigation of Low Melt 
Polyester Staple Fiber from Taiwan,'' dated August 7, 2017. FENC 
subsequently provided information demonstrating that in 2009 it 
changed its name from Far Eastern Textile Limited to FENC. See 
FENC's October 19, 2017 Section A Supplemental Questionnaire 
Response at SE-3. Therefore, we are examining FENC as the sole 
mandatory respondent in this investigation. For a complete analysis, 
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Far Eastern New Century Corporation.........................       52.00
All-Others..................................................       52.00
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

Disclosure

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

Verification

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

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

[[Page 4905]]

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, 
Commerce 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 2, 2018, pursuant to 19 CFR 351.210(e), FENC requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\11\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
---------------------------------------------------------------------------

    \11\ See FENC's Letter, ``Low Melt Polyester Staple Fiber 
(PSF),'' dated January 2, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
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 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 26, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I--Scope of the Investigation

    The merchandise subject to this investigation is synthetic 
staple fibers, not carded or combed, specifically bi-component 
polyester fibers having a polyester fiber component that melts at a 
lower temperature than the other polyester fiber component (low melt 
PSF). The scope includes bi-component polyester staple fibers of any 
denier or cut length. The subject merchandise may be coated, usually 
with a finish or dye, or not coated.
    Excluded from the scope of the investigation on low melt PSF 
from Taiwan are any products covered by the existing antidumping 
duty orders on certain polyester staple fiber from Taiwan. See 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Certain Polyester Staple Fiber from the Republic of Korea and 
Antidumping Duty Orders: Certain Polyester Staple Fiber from the 
Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000).
    Low melt PSF is classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 5503.20.0015. 
Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of the 
merchandise under the investigation is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Respondent Selection
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Conclusion

[FR Doc. 2018-02043 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices                                                  4903

                                                after the final determination whether                     (1) Unfinished parts of tapered roller              DEPARTMENT OF COMMERCE
                                                these imports are materially injuring, or               bearings (cups, cones, and tapered rollers);
                                                threaten material injury to, the U.S.                     (2) cages, whether finished or unfinished;          International Trade Administration
                                                industry.                                                 (3) the non-tapered roller bearing
                                                                                                                                                              [A–583–861]
                                                                                                        components of subject kits (e.g., grease, seal);
                                                Notification to Interested Parties                      and
                                                                                                                                                              Low Melt Polyester Staple Fiber From
                                                  This determination is issued and                        (4) tapered roller bearing wheel hub units,
                                                                                                                                                              Taiwan: Preliminary Affirmative
                                                published in accordance with sections                   rail bearings, and other housed tapered roller
                                                                                                                                                              Determination of Sales at Less Than
                                                733(f) and 777(i)(1) of the Act and 19                  bearings (flange, take up cartridges, and
                                                                                                                                                              Fair Value, Postponement of Final
                                                CFR 351.205(c).                                         hanger units incorporating tapered rollers).
                                                                                                                                                              Determination, and Extension of
                                                                                                          Tapered roller bearings subject to this
                                                  Dated: January 29, 2018.                                                                                    Provisional Measures
                                                                                                        investigation are primarily classifiable under
                                                Christian Marsh,
                                                                                                        subheadings 8482.20.0040, 8482.20.0061,               AGENCY:   Enforcement and Compliance,
                                                Acting Assistant Secretary for Enforcement              8482.20.0070, 8482.20.0081, 8482.91.0050,
                                                and Compliance.                                                                                               International Trade Administration,
                                                                                                        8482.99.1550, and 8482.99.1580 of the                 Department of Commerce.
                                                Appendix I                                              Harmonized Tariff Schedule of the United
                                                                                                                                                              SUMMARY: The Department of Commerce
                                                                                                        States (HTSUS).14 Parts may also enter under
                                                Scope of the Investigation                                                                                    (Commerce) preliminarily determines
                                                                                                        8482.99.4500. While the HTSUS subheadings
                                                   The scope of this investigation is certain                                                                 that low melt polyester staple fiber (low
                                                                                                        are provided for convenience and for
                                                tapered roller bearings. The scope covers all                                                                 melt PSF) from Taiwan is being, or is
                                                                                                        customs purposes, the written description of
                                                tapered roller bearings with a nominal                                                                        likely to be, sold in the United States at
                                                                                                        the subject merchandise is dispositive.
                                                outside cup diameter of eight inches and                                                                      less than fair value (LTFV). The period
                                                under, regardless of type of steel used to              Appendix II                                           of investigation (POI) is April 1, 2016,
                                                produce the bearing, whether of inch or                                                                       through March 31, 2017.
                                                metric size, and whether the tapered roller             List of Topics Discussed in the Preliminary
                                                bearing is a thrust bearing or not. Certain             Decision Memorandum                                   DATES: Applicable February 2, 2018.
                                                tapered roller bearings include: Finished cup                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                        I. Summary
                                                and cone assemblies entering as a set,                                                                        Rebecca Janz or Ajay Menon, AD/CVD
                                                finished cone assemblies entering separately,           II. Background
                                                                                                        III. Period of Investigation                          Operations, Office II, Enforcement and
                                                and finished parts (cups, cones, and tapered                                                                  Compliance, International Trade
                                                rollers). Certain tapered roller bearings are           IV. Scope Comments
                                                sold individually as a set (cup and cone                V. Affiliation and Collapsing                         Administration, U.S. Department of
                                                assembly), as a cone assembly, as a finished            VI. PMS Allegation                                    Commerce, 1401 Constitution Avenue
                                                cup, or packaged as a kit with one or several           VII. Discussion of the Methodology                    NW, Washington, DC 20230; telephone:
                                                tapered roller bearings, a seal, and grease.               A. Determination of the Comparison                 (202) 482–2972 or (202) 482–1993,
                                                The scope of the investigation includes                       Method                                          respectively.
                                                finished rollers and finished cones that have              B. Results of the Differential Pricing
                                                not been assembled with rollers and a cage.                                                                   SUPPLEMENTARY INFORMATION:
                                                                                                              Analysis
                                                Certain tapered roller bearings can be a single                                                               Background
                                                row or multiple rows (e.g., two- or four-row),          VIII. Date of Sale
                                                and a cup can handle a single cone assembly             IX. Product Comparisons                                  This preliminary determination is
                                                or multiple cone assemblies.                            X. Export Price/Constructed Export Price              made in accordance with section 733(b)
                                                   Finished cups, cones, and rollers differ             XI. Normal Value                                      of the Tariff Act of 1930, as amended
                                                from unfinished cups, cones, and rollers in                A. Home Market Viability                           (the Act). Commerce published the
                                                that they have undergone further processing                B. Level of Trade                                  notice of initiation of this investigation
                                                after heat treatment, including, but not                   C. Cost of Production Analysis                     on July 24, 2017.1 On November 20,
                                                limited to, final machining, grinding, and/or              1. Calculation of COP
                                                polishing. Mere heat treatment of a cup,                                                                      2017, Commerce postponed the
                                                                                                           2. Test of Comparison Market Sales Prices          preliminary determination of this
                                                cone, or roller (without any further
                                                                                                           3. Results of the COP Test                         investigation until January 23, 2018.2
                                                processing after heat treatment) does not
                                                render the cup, cone, or roller a finished part            D. Calculation of NV Based on Comparison           Commerce has exercised its discretion
                                                for the purpose of this investigation. Finished               Market Prices                                   to toll deadlines for the duration of the
                                                tapered roller bearing parts are understood to             E. Price-to-CV Comparisons                         closure of the Federal Government from
                                                mean parts which, at the time of importation,           XII. Currency Conversion                              January 20 through 22, 2018. If the new
                                                are ready for assembly (if further assembly is          XIII. Conclusion
                                                                                                                                                              deadline falls on a non-business day, in
                                                required) and require no further finishing or           [FR Doc. 2018–02104 Filed 2–1–18; 8:45 am]
                                                fabrication, such as grinding, lathing,                                                                       accordance with Commerce’s practice,
                                                machining, polishing, heat treatment, etc.              BILLING CODE 3510–DS–P                                the deadline will become the next
                                                Finished parts may require grease, bolting,                                                                   business day. The revised deadline for
                                                and/or pressing as part of final assembly, and                                                                the preliminary determination of this
                                                the requirement that these processes be                                                                       investigation is now January 26, 2018.3
                                                performed, subsequent to importation, does
                                                not remove an otherwise finished tapered                                                                        1 See Low Melt Polyester Staple Fiber from the
                                                roller bearing from the scope.                                                                                Republic of Korea and Taiwan: Initiation of Less-
                                                   Tapered roller bearings that have a                                                                        Than-Fair-Value Investigations, 82 FR 34277 (July
                                                nominal outer cup diameter of eight inches                                                                    24, 2017) (Initiation Notice).
                                                                                                                                                                2 See Low Melt Polyester Staple Fiber from the
                                                and under that may be used in wheel hub
sradovich on DSK3GMQ082PROD with NOTICES




                                                units, rail bearings, or other housed bearings,                                                               Republic of Korea and Taiwan: Postponement of
                                                but entered separately, are included in the                                                                   Preliminary Determinations in the Less-Than-Fair-
                                                                                                                                                              Value Investigations, 82 FR 55091 (November 20,
                                                scope to the same extent as described above.
                                                                                                                                                              2017).
                                                All tapered roller bearings meeting the                   14 Prior to July 2016, products entering under
                                                                                                                                                                3 See Memorandum for The Record from
                                                written description above, and not otherwise            8482.20.0061 entered under 8482.20.0060, products     Christian Marsh, Deputy Assistant Secretary for
                                                excluded, are included, regardless of coating.          entering under 8482.20.0081 entered under             Enforcement and Compliance, performing the non-
                                                   Excluded from the scope of this                      8482.20.0080, and products entering under             exclusive functions and duties of the Assistant
                                                investigation are:                                      8482.99.1550 entered under 8482.99.1540.                                                       Continued




                                           VerDate Sep<11>2014   18:03 Feb 01, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\02FEN1.SGM   02FEN1


                                                4904                           Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices

                                                For a complete description of the events                revised scope in Appendix I to this                                                                     Estimated
                                                that followed the initiation of this                    notice. For further discussion, see the                                                                 weighted-
                                                investigation, see the Preliminary                      Preliminary Decision Memorandum.                                                                         average
                                                                                                                                                                        Exporter/producer
                                                Decision Memorandum.4 A list of topics                                                                                                                          dumping
                                                                                                        Methodology                                                                                               margin
                                                included in the Preliminary Decision                                                                                                                            (percent)
                                                Memorandum is included as Appendix                        Commerce is conducting this
                                                II to this notice. The Preliminary                      investigation in accordance with section              Far Eastern New Century Cor-
                                                Decision Memorandum is a public                                                                                 poration ...................................        52.00
                                                                                                        731 of the Act. Commerce has                          All-Others ....................................       52.00
                                                document and is on file electronically                  calculated an export price in accordance
                                                via Enforcement and Compliance’s                        with section 772(a) of the Act. Normal
                                                Antidumping and Countervailing Duty                                                                           Suspension of Liquidation
                                                                                                        value (NV) is calculated in accordance
                                                Centralized Electronic Service System                   with section 773 of the Act. For a full                  In accordance with section 733(d)(2)
                                                (ACCESS). ACCESS is available to                        description of the methodology                        of the Act, Commerce will direct U.S.
                                                registered users at https://                            underlying the preliminary                            Customs and Border Protection (CBP) to
                                                access.trade.gov, and to all parties in the             determination, see the Preliminary                    suspend liquidation of entries of subject
                                                Central Records Unit, room B8024 of the                 Decision Memorandum.                                  merchandise, as described in Appendix
                                                main Department of Commerce                                                                                   I, entered, or withdrawn from
                                                building. In addition, a complete                       All-Others Rate                                       warehouse, for consumption on or after
                                                version of the Preliminary Decision                                                                           the date of publication of this notice in
                                                Memorandum can be accessed directly                       Section 733(d)(1)(A)(ii) of the Act
                                                                                                                                                              the Federal Register. Further, pursuant
                                                at http://enforcement.trade.gov/frn/.                   provides that in the preliminary
                                                                                                                                                              to section 733(d)(1)(B) of the Act and 19
                                                The signed and the electronic versions                  determination Commerce shall
                                                                                                                                                              CFR 351.205(d), Commerce will instruct
                                                of the Preliminary Decision                             determine an estimated all-others rate
                                                                                                                                                              CBP to require a cash deposit equal to
                                                Memorandum are identical in content.                    for all exporters and producers not
                                                                                                                                                              the estimated weighted-average
                                                                                                        individually examined. Section
                                                Scope of the Investigation                                                                                    dumping margin or the estimated all-
                                                                                                        735(c)(5)(A) of the Act provides that this            others rate, as follows: (1) The cash
                                                  The product covered by this                           rate shall be an amount equal to the                  deposit rate for the respondent listed
                                                investigation is low melt PSF from                      weighted average of the estimated                     above will be equal to the company-
                                                Taiwan. For a complete description of                   weighted-average dumping margins                      specific estimated weighted-average
                                                the scope of this investigation, see                    established for exporters and producers               dumping margin determined in this
                                                Appendix I.                                             individually investigated, excluding any              preliminary determination; (2) if the
                                                                                                        zero and de minimis margins, and any                  exporter is not a respondent identified
                                                Scope Comments                                          margins determined entirely under                     above, but the producer is, then the cash
                                                  In accordance with the preamble to                    section 776 of the Act.                               deposit rate will be equal to the
                                                Commerce’s regulations,5 the Initiation
                                                                                                          Commerce calculated an individual                   company-specific estimated weighted-
                                                Notice set aside a period of time for
                                                                                                        estimated weighted-average dumping                    average dumping margin established for
                                                parties to raise issues regarding product
                                                                                                        margin for Far Eastern New Century                    that producer of the subject
                                                coverage (i.e., scope).6 During this
                                                                                                        Corporation (FENC), the only                          merchandise; and (3) the cash deposit
                                                period, no interested party commented
                                                                                                        individually examined exporter/                       rate for all other producers and
                                                on the scope of this investigation;
                                                                                                        producer in this investigation.9 Because              exporters will be equal to the all-others
                                                however, we received comments on the
                                                                                                        the only individually calculated                      estimated weighted-average dumping
                                                overlap between the scope of this
                                                                                                        dumping margin is not zero, de                        margin.
                                                investigation and other proceedings
                                                                                                        minimis, or based entirely on facts
                                                before Commerce.7                                                                                             Disclosure
                                                  Commerce is preliminarily modifying                   otherwise available, the estimated
                                                                                                        weighted-average dumping margin                         Commerce intends to disclose its
                                                the scope language as it appeared in the                                                                      calculations and analysis performed to
                                                Initiation Notice to eliminate the                      calculated for FENC is the margin
                                                                                                        assigned to all-other producers and                   interested parties in this preliminary
                                                overlap in product coverage with the                                                                          determination within five days of any
                                                existing PSF Taiwan AD order.8 See the                  exporters, pursuant to section
                                                                                                        735(c)(5)(A) of the Act.                              public announcement or, if there is no
                                                                                                                                                              public announcement, within five days
                                                Secretary for Enforcement and Compliance,               Preliminary Determination
                                                ‘‘Deadlines Affected by the Shutdown of the                                                                   of the date of publication of this notice
                                                Federal Government,’’ dated January 23, 2018. All         Commerce preliminarily determines                   in accordance with 19 CFR 351.224(b).
                                                deadlines in this segment of the proceeding have
                                                been extended by 3 days.                                that the following estimated weighted-                Verification
                                                   4 See Memorandum, ‘‘Decision Memorandum for          average dumping margins exist:                           As provided in section 782(i)(1) of the
                                                the Preliminary Determination in the Less-Than-
                                                Fair-Value Investigation of Low Melt Polyester
                                                                                                                                                              Act, Commerce intends to verify the
                                                                                                        Fiber from the Republic of Korea and Taiwan, 65       information relied upon in making its
                                                Staple Fiber from Taiwan’’ dated concurrently with,     FR 33807 (May 25, 2000).
                                                and hereby adopted by, this notice (Preliminary            9 We selected two mandatory respondents in this
                                                                                                                                                              final determination.
                                                Decision Memorandum).
                                                   5 See Antidumping Duties; Countervailing Duties,
                                                                                                        investigation: FENC and Far Eastern Textile           Public Comment
                                                                                                        Limited. See Memorandum, ‘‘Respondent Selection
                                                Final Rule, 62 FR 27296, 27323 (May 19, 1997).          for the Antidumping Duty Investigation of Low            Case briefs or other written comments
                                                   6 See Initiation Notice.
                                                                                                        Melt Polyester Staple Fiber from Taiwan,’’ dated      may be submitted to the Assistant
sradovich on DSK3GMQ082PROD with NOTICES




                                                   7 See Petitioner’s Letter, ‘‘Low Melt Polyester
                                                                                                        August 7, 2017. FENC subsequently provided
                                                Staple Fiber from the Republic of Korea and             information demonstrating that in 2009 it changed
                                                                                                                                                              Secretary for Enforcement and
                                                Taiwan—Petitioner’s Comments on Potential Scope         its name from Far Eastern Textile Limited to FENC.    Compliance no later than seven days
                                                Overlap,’’ dated October 5, 2017. The petitioner in     See FENC’s October 19, 2017 Section A                 after the date on which the last
                                                this case is Nan Ya Plastics Corporation, America.      Supplemental Questionnaire Response at SE–3.          verification report is issued in this
                                                   8 See Notice of Amended Final Determination of       Therefore, we are examining FENC as the sole
                                                Sales at Less Than Fair Value: Certain Polyester        mandatory respondent in this investigation. For a
                                                                                                                                                              investigation. Rebuttal briefs, limited to
                                                Staple Fiber from the Republic of Korea and             complete analysis, see the Preliminary Decision       issues raised in case briefs, may be
                                                Antidumping Duty Orders: Certain Polyester Staple       Memorandum.                                           submitted no later than five days after


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                                                                               Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices                                                 4905

                                                the deadline date for case briefs.10                    affirmative; (2) the requesting exporter              Appendix II—List of Topics Discussed
                                                Pursuant to 19 CFR 351.309(c)(2) and                    accounts for a significant proportion of              in the Preliminary Decision
                                                (d)(2), parties who submit case briefs or               exports of the subject merchandise; and               Memorandum
                                                rebuttal briefs in this investigation are               (3) no compelling reasons for denial                  I. Summary
                                                encouraged to submit with each                          exist, Commerce is postponing the final               II. Background
                                                argument: (1) A statement of the issue;                 determination and extending the                       III. Period of Investigation
                                                (2) a brief summary of the argument;                    provisional measures from a four-month                IV. Scope Comments
                                                and (3) a table of authorities.                         period to a period not greater than six               V. Respondent Selection
                                                   Pursuant to 19 CFR 351.310(c),                       months. Accordingly, Commerce will                    VI. Discussion of the Methodology
                                                interested parties who wish to request a                make its final determination no later                    A. Determination of the Comparison
                                                hearing, limited to issues raised in the                than 135 days after the date of                             Method
                                                case and rebuttal briefs, must submit a                 publication of this preliminary                          B. Results of the Differential Pricing
                                                                                                                                                                    Analysis
                                                written request to the Assistant                        determination.                                        VII. Date of Sale
                                                Secretary for Enforcement and                                                                                 VIII. Product Comparisons
                                                Compliance, U.S. Department of                          International Trade Commission
                                                                                                        Notification                                          IX. Export Price
                                                Commerce, within 30 days after the date                                                                       X. Normal Value
                                                of publication of this notice. Requests                    In accordance with section 733(f) of                  A. Home Market Viability
                                                should contain the party’s name,                        the Act, Commerce will notify the                        B. Level of Trade
                                                address, and telephone number, the                                                                               C. Cost of Production (COP) Analysis
                                                                                                        International Trade Commission (ITC) of
                                                number of participants, whether any                                                                              1. Calculation of COP
                                                                                                        its preliminary determination. If the                    2. Test of Comparison Market Sales Prices
                                                participant is a foreign national, and a                final determination is affirmative, the                  3. Results of the COP Test
                                                list of the issues to be discussed. If a                ITC will determine before the later of                   D. Calculation of NV Based on Comparison
                                                request for a hearing is made, Commerce                 120 days after the date of this                             Market Prices
                                                intends to hold the hearing at the U.S.                 preliminary determination or 45 days                  XI. Currency Conversion
                                                Department of Commerce, 1401                            after the final determination whether                 XII. Conclusion
                                                Constitution Avenue NW, Washington,                     these imports are materially injuring, or             [FR Doc. 2018–02043 Filed 2–1–18; 8:45 am]
                                                DC 20230, at a time and date to be                      threaten material injury to, the U.S.                 BILLING CODE 3510–DS–P
                                                determined. Parties should confirm by                   industry.
                                                telephone the date, time, and location of
                                                the hearing two days before the                         Notification to Interested Parties
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                scheduled date.
                                                                                                          This determination is issued and
                                                Postponement of Final Determination                     published in accordance with sections                 International Trade Administration
                                                and Extension of Provisional Measures                   733(f) and 777(i)(1) of the Act and 19                North American Free Trade Agreement
                                                   Section 735(a)(2) of the Act provides                CFR 351.205(c).                                       (NAFTA), Article 1904 Binational Panel
                                                that a final determination may be                         Dated: January 26, 2018.                            Review: Notice of Request for Panel
                                                postponed until not later than 135 days                 P. Lee Smith,                                         Review in the Matter of Softwood
                                                after the date of the publication of the                Deputy Assistant Secretary for Policy and             Lumber From Canada: Determinations
                                                preliminary determination if, in the                    Negotiations.                                         (Secretariat File Number: USA–CDA–
                                                event of an affirmative preliminary                                                                           2018–1904–03)
                                                determination, a request for such                       Appendix I—Scope of the Investigation
                                                postponement is made by exporters who                      The merchandise subject to this
                                                                                                                                                              AGENCY:  United States Section, NAFTA
                                                account for a significant proportion of                 investigation is synthetic staple fibers, not         Secretariat, International Trade
                                                exports of the subject merchandise, or in               carded or combed, specifically bi-component           Administration, Department of
                                                the event of a negative preliminary                     polyester fibers having a polyester fiber             Commerce.
                                                determination, a request for such                       component that melts at a lower temperature           ACTION: Notice.
                                                                                                        than the other polyester fiber component
                                                postponement is made by the petitioner.                                                                       SUMMARY:   A Request for Panel Review
                                                                                                        (low melt PSF). The scope includes bi-
                                                Section 351.210(e)(2) of Commerce’s                     component polyester staple fibers of any              was filed on behalf of the Government
                                                regulations requires that a request by                  denier or cut length. The subject                     of Canada; Government of Alberta;
                                                exporters for postponement of the final                 merchandise may be coated, usually with a             Government of British Columbia;
                                                determination be accompanied by a                       finish or dye, or not coated.                         Government of Ontario; Government of
                                                request for extension of provisional                       Excluded from the scope of the                     Québec; Alberta Softwood Lumber
                                                measures from a four-month period to a                  investigation on low melt PSF from Taiwan
                                                                                                                                                              Trade Council; British Columbia
                                                period not more than six months in                      are any products covered by the existing
                                                                                                        antidumping duty orders on certain polyester          Lumber Trade Council; Conseil de
                                                duration.                                                                                                     l’Industrie forestier du Québec and
                                                   On January 2, 2018, pursuant to 19                   staple fiber from Taiwan. See Notice of
                                                                                                        Amended Final Determination of Sales at               Ontario Forest Industries Association;
                                                CFR 351.210(e), FENC requested that
                                                                                                        Less Than Fair Value: Certain Polyester               Canfor Corporation; J.D. Irving, Limited;
                                                Commerce postpone the final                             Staple Fiber from the Republic of Korea and           Resolute FP Canada Inc. and Rene
                                                determination and that provisional                      Antidumping Duty Orders: Certain Polyester            Bernard Inc.; Tembec Inc. and Eacom
                                                measures be extended to a period not to                 Staple Fiber from the Republic of Korea and           Timber Corporation; and West Fraser
                                                exceed six months.11 In accordance with                 Taiwan, 65 FR 33807 (May 25, 2000).                   Mills Ltd. with the United States
sradovich on DSK3GMQ082PROD with NOTICES




                                                section 735(a)(2)(A) of the Act and 19                     Low melt PSF is classifiable under the             Section of the NAFTA Secretariat on
                                                CFR 351.210(b)(2)(ii), because: (1) The                 Harmonized Tariff Schedule of the United
                                                                                                                                                              January 19, 2018 and on behalf of
                                                preliminary determination is                            States (HTSUS) subheading 5503.20.0015.
                                                                                                        Although the HTSUS subheading is provided             Western Forest Products, Inc. on
                                                   10 See 19 CFR 351.309; see also 19 CFR 351.303       for convenience and customs purposes, the             January 26, 2018, pursuant to NAFTA
                                                (for general filing requirements).                      written description of the scope of the               Article 1904. Panel Review was
                                                   11 See FENC’s Letter, ‘‘Low Melt Polyester Staple    merchandise under the investigation is                requested of the U.S. International
                                                Fiber (PSF),’’ dated January 2, 2018.                   dispositive.                                          Trade Commission’s final injury


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Document Created: 2018-02-03 14:27:21
Document Modified: 2018-02-03 14:27:21
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 February 2, 2018.
ContactRebecca Janz or Ajay Menon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-1993, respectively.
FR Citation83 FR 4903 

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