83 FR 4906 - Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 23 (February 2, 2018)
International Trade Administration
Federal Register Volume 83, Issue 23 (February 2, 2018)
| Page Range | 4906-4908 | |
| FR Document | 2018-02042 |
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)] [Notices] [Pages 4906-4908] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02042] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-895] Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, 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 the Republic of Korea (Korea) 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: Alice Maldonado or Brittany Bauer, 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) 482-4682 or (202) 482-3860, 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\ 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 of Antidumping Duty 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 the Republic of Korea (Korea)'' 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 Korea. 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 the petitioner's Letter re: 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. --------------------------------------------------------------------------- Nonetheless, 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 Korea antidumping duty order.\8\ See the [[Page 4907]] 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 export prices 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. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily finds that critical circumstances do not exist for Huvis Corporation (Huvis), and do exist for Toray Chemical Korea Inc. (TCK) and all other producers/exporters. For a full description of the methodology and results of Commerce's critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. 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. In this investigation, Commerce preliminarily found a zero rate for Huvis. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for TCK. Consequently, the rate calculated for TCK is also assigned as the rate for all-other producers and exporters in this investigation. Preliminary Determination Commerce preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Huvis Corporation........................................... 0.00 Toray Chemical Korea Inc.................................... 16.48 All-Others.................................................. 16.48 ------------------------------------------------------------------------ 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 respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination, except if that rate is zero or de minimis, no cash deposit will be required; (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 except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weighted-average dumping margin for Huvis is zero, entries of shipments of subject merchandise produced and exported by this company will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by Huvis. Entries of shipments of subject merchandise from this company in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all others rate. Should the final estimated weighted-average dumping margin be zero or de minimis for Huvis, entries of shipments of subject merchandise produced and exported by Huvis will be excluded from the potential antidumping duty order. Such exclusion is not applicable to merchandise exported to the United States by this respondent in any other producer/ exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combination. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise produced or exported by TCK and all producers/exporters of low melt PSF from Korea, except for Huvis. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer(s) or exporter(s) identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. These suspension of liquidation instructions will remain in effect until further notice. 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 [[Page 4908]] issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ 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. --------------------------------------------------------------------------- \9\ 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 December 1 and December 5, 2017, pursuant to 19 CFR 351.210(e), TCK and Huvis, respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.\10\ On January 8, 2018, the petitioner also requested that Commerce postpone the final determination.\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 exporters account 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. --------------------------------------------------------------------------- \10\ See TCK's Letter re: Low Melt Polyester Staple Fiber from the Republic of Korea: Request to Postpone the Final Determination, dated December 1, 2017; and Huvis' Letter re: Low Melt Polyester Staple Fiber from the Republic of Korea: Request to Extend the Deadline for the Final Determination, dated December 5, 2017. \11\ See the petitioner's Letter re: Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Petitioner's Request Regarding Extension of the Final Determination Deadline, dated January 8, 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 Korea are any products covered by the existing antidumping duty order on certain polyester staple fiber from Korea. 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. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Export Price IX. 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 X. Critical Circumstances XI. Currency Conversion XII. Conclusion [FR Doc. 2018-02042 Filed 2-1-18; 8:45 am] BILLING CODE 3510-DS-P
![4906 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
determination regarding Softwood DEPARTMENT OF COMMERCE For a complete description of the events
Lumber from Canada. The final that followed the initiation of this
determination was published in the International Trade Administration investigation, see the Preliminary
Federal Register on December 28, 2017 [A–580–895] Decision Memorandum.4 A list of topics
(82 FR 61,587). The NAFTA Secretariat included in the Preliminary Decision
has assigned case number USA–CDA– Low Melt Polyester Staple Fiber From Memorandum is included as Appendix
2018–1904–03 to this request. the Republic of Korea: Preliminary II to this notice. The Preliminary
FOR FURTHER INFORMATION CONTACT: Paul Affirmative Determination of Sales at Decision Memorandum is a public
E. Morris, United States Secretary, Less Than Fair Value, Preliminary document and is on file electronically
NAFTA Secretariat, Room 2061, 1401 Affirmative Determination of Critical via Enforcement and Compliance’s
Constitution Avenue NW, Washington, Circumstances, in Part, Postponement Antidumping and Countervailing Duty
DC 20230, (202) 482–5438. of Final Determination, and Extension Centralized Electronic Service System
of Provisional Measures (ACCESS). ACCESS is available to
SUPPLEMENTARY INFORMATION: Chapter
registered users at https://
19 of Article 1904 of NAFTA provides AGENCY: Enforcement and Compliance, access.trade.gov, and to all parties in the
a dispute settlement mechanism International Trade Administration, Central Records Unit, room B8024 of the
involving trade remedy determinations Department of Commerce. main Department of Commerce
issued by the Government of the United SUMMARY: The Department of Commerce building. In addition, a complete
States, the Government of Canada, and (Commerce) preliminarily determines version of the Preliminary Decision
the Government of Mexico. Following a that Low Melt Polyester Staple Fiber Memorandum can be accessed directly
Request for Panel Review, a Binational (low melt PSF) from the Republic of at http://enforcement.trade.gov/frn/.
Panel is composed to review the trade Korea (Korea) is being, or is likely to be, The signed and the electronic versions
remedy determination being challenged sold in the United States at less than fair of the Preliminary Decision
and issue a binding Panel Decision. value (LTFV). The period of Memorandum are identical in content.
There are established NAFTA Rules of investigation (POI) is April 1, 2016,
Procedure for Article 1904 Binational Scope of the Investigation
through March 31, 2017.
Panel Reviews, which were adopted by The product covered by this
DATES: Applicable February 2, 2018.
the three governments for panels investigation is low melt PSF from
requested pursuant to Article 1904(2) of FOR FURTHER INFORMATION CONTACT:
Korea. For a complete description of the
NAFTA which requires Requests for Alice Maldonado or Brittany Bauer, scope of this investigation, see
Panel Review to be published in AD/CVD Operations, Office II, Appendix I.
accordance with Rule 35. For the Enforcement and Compliance,
complete Rules, please see https:// International Trade Administration, Scope Comments
www.nafta-sec-alena.org/Home/Texts- U.S. Department of Commerce, 1401 In accordance with the preamble to
of-the-Agreement/Rules-of-Procedure/ Constitution Avenue NW, Washington, Commerce’s regulations,5 the Initiation
Article-1904. DC 20230; telephone: (202) 482–4682 or Notice set aside a period of time for
The Rules provide that: (202) 482–3860, respectively. parties to raise issues regarding product
(a) A Party or interested person may SUPPLEMENTARY INFORMATION: coverage (i.e., scope).6 During this
challenge the final determination in period, no interested party commented
Background
whole or in part by filing a Complaint on the scope of this investigation;
in accordance with Rule 39 within 30 This preliminary determination is however, we received comments on the
days after the filing of the first Request made in accordance with section 733(b) overlap between the scope of this
for Panel Review (the deadline for filing of the Tariff Act of 1930, as amended investigation and other proceedings
a Complaint is February 20, 2018); (the Act). Commerce published the before Commerce.7
(b) A Party, investigating authority or notice of initiation of this investigation Nonetheless, Commerce is
interested person that does not file a on July 24, 2017.1 On November 20, preliminarily modifying the scope
Complaint but that intends to appear in 2017, Commerce postponed the language as it appeared in the Initiation
support of any reviewable portion of the preliminary determination of this Notice to eliminate the overlap in
final determination may participate in investigation until January 23, 2018.2 product coverage with the existing PSF
the panel review by filing a Notice of Commerce has exercised its discretion Korea antidumping duty order.8 See the
Appearance in accordance with Rule 40 to toll deadlines for the duration of the
within 45 days after the filing of the first closure of the Federal Government from exclusive functions and duties of the Assistant
January 20 through 22, 2018. If the new Secretary for Enforcement and Compliance,
Request for Panel Review (the deadline ‘‘Deadlines Affected by the Shutdown of the
for filing a Notice of Appearance is deadline falls on a non-business day, in Federal Government,’’ dated January 23, 2018. All
March 5, 2018); and accordance with Commerce’s practice, deadlines in this segment of the proceeding have
(c) The panel review shall be limited the deadline will become the next been extended by 3 days.
4 See Memorandum, ‘‘Decision Memorandum for
to the allegations of error of fact or law, business day. The revised deadline for
the Preliminary Determination in the Less-Than-
including challenges to the jurisdiction the preliminary determination of this Fair-Value Investigation of Low Melt Polyester
of the investigating authority, that are investigation is now January 26, 2018.3 Staple Fiber from the Republic of Korea (Korea)’’
dated concurrently with, and hereby adopted by,
set out in the Complaints filed in the 1 See Low Melt Polyester Staple Fiber from the this notice (Preliminary Decision Memorandum).
panel review and to the procedural and Republic of Korea and Taiwan: Initiation of Less- 5 See Antidumping Duties; Countervailing Duties,
sradovich on DSK3GMQ082PROD with NOTICES
substantive defenses raised in the panel Than-Fair-Value Investigations, 82 FR 34277 (July Final Rule, 62 FR 27296, 27323 (May 19, 1997).
review. 24, 2017) (Initiation Notice). 6 See Initiation Notice.
2 See Low Melt Polyester Staple Fiber from the 7 See the petitioner’s Letter re: Low Melt Polyester
Dated: January 30, 2018. Republic of Korea and Taiwan: Postponement of Staple Fiber from the Republic of Korea and
Paul E. Morris, Preliminary Determinations of Antidumping Duty Taiwan—Petitioner’s Comments on Potential Scope
U.S. Secretary, NAFTA Secretariat. Investigations, 82 FR 55091 (November 20, 2017). Overlap, dated October 5, 2017. The petitioner in
3 See Memorandum for The Record from this case is Nan Ya Plastics Corporation, America.
[FR Doc. 2018–02135 Filed 2–1–18; 8:45 am] Christian Marsh, Deputy Assistant Secretary for 8 See Notice of Amended Final Determination of
BILLING CODE 3510–GT–P Enforcement and Compliance, performing the non- Sales at Less Than Fair Value: Certain Polyester
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![4908 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
issues raised in case briefs, may be 2018, the petitioner also requested that staple fiber from Korea. See Notice of
submitted no later than five days after Commerce postpone the final Amended Final Determination of Sales at
the deadline date for case briefs.9 determination.11 In accordance with Less Than Fair Value: Certain Polyester
section 735(a)(2)(A) of the Act and 19 Staple Fiber from the Republic of Korea and
Pursuant to 19 CFR 351.309(c)(2) and
Antidumping Duty Orders: Certain Polyester
(d)(2), parties who submit case briefs or CFR 351.210(b)(2)(ii), because: (1) The Staple Fiber from the Republic of Korea and
rebuttal briefs in this investigation are preliminary determination is Taiwan, 65 FR 33807 (May 25, 2000).
encouraged to submit with each affirmative; (2) the requesting exporters Low melt PSF is classifiable under the
argument: (1) A statement of the issue; account for a significant proportion of Harmonized Tariff Schedule of the United
(2) a brief summary of the argument; exports of the subject merchandise; and States (HTSUS) subheading 5503.20.0015.
and (3) a table of authorities. (3) no compelling reasons for denial Although the HTSUS subheading is provided
Pursuant to 19 CFR 351.310(c), exist, Commerce is postponing the final for convenience and customs purposes, the
interested parties who wish to request a determination and extending the written description of the scope of the
hearing, limited to issues raised in the provisional measures from a four-month merchandise under the investigation is
period to a period not greater than six dispositive.
case and rebuttal briefs, must submit a
written request to the Assistant months. Accordingly, Commerce will Appendix II—List of Topics Discussed
Secretary for Enforcement and make its final determination no later in the Preliminary Decision
Compliance, U.S. Department of than 135 days after the date of Memorandum
Commerce, within 30 days after the date publication of this preliminary
I. Summary
of publication of this notice. Requests determination.
II. Background
should contain the party’s name, International Trade Commission III. Period of Investigation
address, and telephone number, the Notification IV. Scope Comments
number of participants, whether any V. Discussion of the Methodology
participant is a foreign national, and a In accordance with section 733(f) of A. Determination of the Comparison
list of the issues to be discussed. If a the Act, Commerce will notify the Method
request for a hearing is made, Commerce International Trade Commission (ITC) of B. Results of the Differential Pricing
intends to hold the hearing at the U.S. its preliminary determination. If the Analysis
final determination is affirmative, the VI. Date of Sale
Department of Commerce, 1401 VII. Product Comparisons
Constitution Avenue NW, Washington, ITC will determine before the later of
120 days after the date of this VIII. Export Price
DC 20230, at a time and date to be IX. Normal Value
determined. Parties should confirm by preliminary determination or 45 days
A. Home Market Viability
telephone the date, time, and location of after the final determination whether B. Level of Trade
the hearing two days before the these imports are materially injuring, or C. Cost of Production (COP) Analysis
scheduled date. threaten material injury to, the U.S. 1. Calculation of COP
industry. 2. Test of Comparison Market Sales Prices
Postponement of Final Determination 3. Results of the COP Test
and Extension of Provisional Measures Notification to Interested Parties D. Calculation of NV Based on Comparison
Section 735(a)(2) of the Act provides This determination is issued and Market Prices
published in accordance with sections X. Critical Circumstances
that a final determination may be XI. Currency Conversion
postponed until not later than 135 days 733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c). XII. Conclusion
after the date of the publication of the
[FR Doc. 2018–02042 Filed 2–1–18; 8:45 am]
preliminary determination if, in the Dated: January 26, 2018.
BILLING CODE 3510–DS–P
event of an affirmative preliminary P. Lee Smith,
determination, a request for such Deputy Assistant Secretary for Policy and
postponement is made by exporters who Negotiations.
DEPARTMENT OF COMMERCE
account for a significant proportion of Appendix I—Scope of the Investigation
exports of the subject merchandise, or in National Oceanic and Atmospheric
the event of a negative preliminary The merchandise subject to this Administration
determination, a request for such investigation is synthetic staple fibers, not
carded or combed, specifically bi-component
postponement is made by the petitioner. polyester fibers having a polyester fiber
Proposed Information Collection;
Section 351.210(e)(2) of Commerce’s component that melts at a lower temperature Comment Request; Fisheries Finance
regulations requires that a request by than the other polyester fiber component Program Requirements
exporters for postponement of the final (low melt PSF). The scope includes bi-
determination be accompanied by a component polyester staple fibers of any AGENCY:National Oceanic and
request for extension of provisional denier or cut length. The subject Atmospheric Administration (NOAA),
measures from a four-month period to a merchandise may be coated, usually with a Commerce.
period not more than six months in finish or dye, or not coated.
Excluded from the scope of the ACTION: Notice.
duration. investigation on low melt PSF from Korea are
On December 1 and December 5, any products covered by the existing SUMMARY: The Department of
2017, pursuant to 19 CFR 351.210(e), antidumping duty order on certain polyester Commerce, as part of its continuing
TCK and Huvis, respectively, requested effort to reduce paperwork and
that Commerce postpone the final Postpone the Final Determination, dated December respondent burden, invites the general
sradovich on DSK3GMQ082PROD with NOTICES
determination and that provisional 1, 2017; and Huvis’ Letter re: Low Melt Polyester public and other Federal agencies to
measures be extended to a period not to Staple Fiber from the Republic of Korea: Request to take this opportunity to comment on
Extend the Deadline for the Final Determination,
exceed six months.10 On January 8, dated December 5, 2017. proposed and/or continuing information
11 See the petitioner’s Letter re: Low Melt collections, as required by the
9 See 19 CFR 351.309; see also 19 CFR 351.303
Polyester Staple Fiber from the Republic of Korea Paperwork Reduction Act of 1995.
(for general filing requirements). and Taiwan: Petitioner’s Request Regarding
10 See TCK’s Letter re: Low Melt Polyester Staple Extension of the Final Determination Deadline, DATES:Written comments must be
Fiber from the Republic of Korea: Request to dated January 8, 2018. submitted on or before April 3, 2018.
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Document Created: 2018-02-03 14:27:37
Document Modified: 2018-02-03 14:27:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable February 2, 2018. | |
| Contact | Alice Maldonado or Brittany Bauer, 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) 482-4682 or (202) 482-3860, respectively. | |
| FR Citation | 83 FR 4906 |
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