83_FR_666 83 FR 662 - Fine Denier Polyester Staple Fiber From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 662 - Fine Denier Polyester Staple Fiber From India: 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 4 (January 5, 2018)

Page Range662-665
FR Document2017-27752

The Department of Commerce (the Department) preliminarily determines that fine denier polyester staple fiber (fine denier PSF) from India 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 4 (Friday, January 5, 2018)
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 662-665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27752]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-875]


Fine Denier Polyester Staple Fiber From India: 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 (the Department) preliminarily 
determines that fine denier polyester staple fiber (fine denier PSF) 
from India 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 January 5, 2018.

[[Page 663]]


FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Magd Zalok, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0989 or (202) 482-4162, 
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). The Department 
published the notice of initiation of this investigation on June 27, 
2017.\1\ On October 24, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
December 18, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ 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 version of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, Taiwan, and the 
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 29023 (June 27, 2017) (Initiation Notice).
    \2\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, and Taiwan: 
Postponement of Preliminary Determinations in Less-Than-Fair-Value 
Investigations, 82 FR 49178 (October 24, 2017).
    \3\ See Memorandum entitled ``Decision Memorandum for the 
Preliminary Determination in the Less-Than-Fair Value Investigation 
of Fine Denier Polyester Staple Fiber from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    In accordance with the Preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ The 
Department is preliminarily modifying the scope language as it appeared 
in the Initiation Notice. See the revised scope in Appendix I to this 
notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
the Republic of Korea: Scope Comments Decision Memorandum for the 
Preliminary Determination'' (Preliminary Scope Decision Memorandum), 
dated concurrently with this preliminary determination.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department 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. Furthermore, 
pursuant to section 776(a) and (b) of the Act, the Department has 
preliminarily relied upon facts otherwise available, with adverse 
inferences (AFA), for Bombay Dyeing & Manufacturing Company Limited 
(Bombay Dyeing), which failed to cooperate by not acting to the best of 
its ability in its responses to the Department's requests for 
information. For a full description of the methodology underlying the 
preliminary determination, 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 the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. Section 735(c)(5)(A) states that in calculating 
this rate, it 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, the Department preliminarily assigned a rate 
based entirely on selecting facts otherwise available with an adverse 
inference to Bombay Dyeing. Therefore, the only rate that is not zero, 
de minimis or based entirely on facts otherwise available with an 
adverse inference is the rate calculated for Reliance Industries 
Limited (RIL). Consequently, the rate calculated for RIL is also 
assigned as the rate for all-other producers and exporters.

Preliminary Determination
---------------------------------------------------------------------------

    \7\ See Calculation Memorandum, dated concurrently with this 
notice.
    \8\ This rate is based on AFA.
---------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
                                                                                               Cash deposit rate
                                                                                Estimated         (adjusted for
                             Exporter/producer                               weighted-average       subsidy
                                                                              dumping margin       offset(s))
                                                                                (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
Reliance Industries Limited...............................................               2.66           \7\ 0.66
Bombay Dyeing & Manufacturing Company Limited.............................          \8\ 21.43              15.66
All-Others................................................................               2.66               0.00
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of entries of subject merchandise, as described in Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after

[[Page 664]]

the date of publication of this notice in the Federal Register.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. Accordingly, where the Department preliminarily 
made an affirmative determination of countervailable export subsidies, 
the Department has offset the estimated weighted-average dumping margin 
by the appropriate CVD export subsidy rate. Any such adjusted cash 
deposit rate may be found in the Preliminary Determination Section 
above.
    Should the provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, the Department will direct CBP to begin collecting 
estimating antidumping duty cash deposits unadjusted for countervailed 
export subsidies at the time that the provisional CVD measures expire.
    Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margin or the estimated all-others 
rate, adjusted for export subsidies, 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, adjusted for export subsidies; (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, adjusted for export subsidies; and (3) the 
cash deposit rate for all other producers and exporters will be equal 
to the all-others estimated weighted-average dumping margin, adjusted 
for export subsidies. These suspension of liquidation instructions will 
remain in effect until further notice.

Disclosure

    The Department 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, the Department intends 
to verify RIL's 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, unless the Secretary alters the time limit. 
Rebuttal briefs, limited to 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, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

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 the Department'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 November 15, 2017, pursuant to 19 CFR 351.210(e), RIL requested 
that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\10\ 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, the Department is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, the 
Department will make its final determination no later than 135 days 
after the date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \10\ See Letter from RIL, ``Fine Denier Polyester Staple Fiber 
from India: Reliance Industries, Ltd.'s Request to Extend the 
Antidumping Duty Final Determination,'' dated November 15, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department 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: December 18, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is f[igrave]ne 
denier polyester staple fiber (fine denier PSF), not carded, combed, 
or pre-opened, measuring less than 3.3 decitex (3 denier) in 
diameter. The scope covers all fine denier PSF, whether coated or 
uncoated. The following products are excluded from the scope:

[[Page 665]]

    (1) PSF equal to or greater than 3.3 decitex (more than 3 
denier, inclusive) currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 5503.20.0045 and 
5503.20.0065.
    (2) Low-melt PSF defined as a bi-component polyester fiber 
having a polyester fiber component that melts at a lower temperature 
than the other polyester fiber component, which is currently 
classifiable under HTSUS subheading 5503.20.0015.
    Fine denier PSF is classifiable under the HTSUS subheading 
5503.20.0025. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
    A. Application of Adverse Facts Available
    B. Corroboration of Secondary Information
    C. All-Others Rate
    D. Comparison to Normal Value
    E. Determination of the Comparison Method
    F. Results of the Differential Pricing Analysis
IX. Date of Sale
X. U.S. Price
XI. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Deemed Export Sales
    D. Level of Trade
    E. Calculation of NV Based on Comparison Market Prices
    F. Calculation of NV Based on Constructed Value (CV)
    G. Cost of Production (COP) Analysis
XII. Adjustments for Countervailable Export Subsidies
XIII. Currency Conversion
XIV. Verification
XV. Recommendation

[FR Doc. 2017-27752 Filed 1-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               662                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices

                                               the time limit. Rebuttal briefs, limited to              section 735(a)(2)(A) of the Act and 19                   Fine denier PSF is classifiable under the
                                               issues raised in case briefs, may be                     CFR 351.210(b)(2)(ii), because: (1) Our                HTSUS subheading 5503.20.0025. Although
                                               submitted no later than five days after                  preliminary determination is                           the HTSUS subheadings are provided for
                                                                                                                                                               convenience and customs purposes, the
                                               the deadline for case briefs.8 Pursuant to               affirmative; (2) the requesting exporter
                                                                                                                                                               written description of the scope of this
                                               19 CFR 351.309(c)(2) and (d)(2), parties                 accounts for a significant proportion of               investigation is dispositive.
                                               who submit case briefs or rebuttal briefs                exports of the subject merchandise; and
                                               in this investigation are encouraged to                  (3) no compelling reasons for denial                   Appendix II
                                               submit with each argument: (1) A                         exist, the Department is postponing the                List of Topics Discussed in the Preliminary
                                               statement of the issue; (2) a brief                      final determination and extending the                  Decision Memorandum
                                               summary of the argument; and (3) a                       provisional measures from a four-month                 I. Summary
                                               table of authorities.                                    period to a period not greater than six                II. Background
                                                  Pursuant to 19 CFR 351.310(c),                        months. Accordingly, we will make our                  III. Period of Investigation
                                               interested parties who wish to request a                 final determination no later than 135                  IV. Postponement of Preliminary
                                               hearing, limited to issues raised in the                 days after the date of publication of this                   Determination
                                               case and rebuttal briefs, must submit a                  preliminary determination.10                           V. Postponement of Final Determination and
                                               written request for a hearing to the                                                                                  Extension of Provisional Measures
                                                                                                        International Trade Commission                         VI. Scope of the Investigation
                                               Assistant Secretary for Enforcement and
                                                                                                        Notification                                           VII. Scope Comments
                                               Compliance, U.S. Department of
                                                                                                           In accordance with section 733(f) of                VIII. Discussion of Methodology
                                               Commerce, within 30 days after the date                                                                            Application of Adverse Facts Available
                                               of publication of this notice. Requests                  the Act, the Department will notify the
                                                                                                                                                                     (AFA)
                                               should contain the party’s name,                         International Trade Commission (ITC) of                   Corroboration of Secondary Information
                                               address, and telephone number, the                       its preliminary determination. If the                     All-Others Rate
                                               number of participants, whether any                      final determination is affirmative, the                   Comparisons to Normal Value
                                               participant is a foreign national, and a                 ITC will determine before the later of                    A. Determination of the Comparison
                                               list of the issues to be discussed. If a                 120 days after the date of this                              Method
                                               request for a hearing is made, the                       preliminary determination or 45 days                      B. Results of the Differential Pricing
                                               Department intends to hold the hearing                   after the final determination whether                        Analysis
                                                                                                        these imports are materially injuring, or              IX. Date of Sale
                                               at the U.S. Department of Commerce,                                                                             X. U.S. Price
                                               1401 Constitution Avenue NW,                             threaten material injury to, the U.S.
                                                                                                                                                               XI. Normal Value
                                               Washington, DC 20230, at a time and                      industry.                                                 A. Home Market Viability
                                               date to be determined. Parties should                    Notification to Interested Parties                        B. Level of Trade
                                               confirm by telephone the date, time, and                                                                           C. Calculation of Normal Value Based on
                                               location of the hearing two days before                    This determination is issued and                           Comparison-Market Prices
                                               the scheduled date.                                      published in accordance with sections                     D. Calculation of NV Based on CV
                                                                                                        733(f) and 777(i)(1) of the Act and 19                    E. Cost of Production Analysis
                                               Postponement of Final Determination                      CFR 351.205(c).                                           1. Calculation of COP
                                               and Extension of Provisional Measures                                                                              2. Results of COP Test
                                                                                                          Dated: December 18, 2017.
                                                                                                                                                               XII. Currency Conversion
                                                  Section 735(a)(2) of the Act provides                 Gary Taverman,                                         XIII. Verification
                                               that a final determination may be                        Deputy Assistant Secretary for Antidumping             XIV. Recommendation
                                               postponed until not later than 135 days                  and Countervailing Duty Operations
                                                                                                                                                               [FR Doc. 2017–28257 Filed 1–4–18; 8:45 am]
                                               after the date of the publication of the                 performing the non-exclusive functions and
                                                                                                                                                               BILLING CODE 3510–DS–P
                                               preliminary determination if, in the                     duties of the Assistant Secretary for
                                               event of an affirmative preliminary                      Enforcement and Compliance.
                                               determination, a request for such                        Appendix I                                             DEPARTMENT OF COMMERCE
                                               postponement is made by exporters who
                                               account for a significant proportion of                  Scope of the Investigation
                                                                                                                                                               International Trade Administration
                                               exports of the subject merchandise, or in                   The merchandise covered by this
                                               the event of a negative preliminary                      investigation is fı̀ne denier polyester staple         [A–533–875]
                                               determination, a request for such                        fiber (fine denier PSF), not carded, combed,
                                                                                                        or pre-opened, measuring less than 3.3                 Fine Denier Polyester Staple Fiber
                                               postponement is made by the petitioner.
                                                                                                        decitex (3 denier) in diameter. The scope              From India: Preliminary Affirmative
                                               Section 351.210(e)(2) of the                             covers all fine denier PSF, whether coated or          Determination of Sales at Less Than
                                               Department’s regulations requires that a                 uncoated. The following products are                   Fair Value, Postponement of Final
                                               request by exporters for postponement                    excluded from the scope:                               Determination, and Extension of
                                               of the final antidumping determination                      (1) PSF equal to or greater than 3.3 decitex
                                                                                                                                                               Provisional Measures
                                               be accompanied by a request for                          (more than 3 denier, inclusive) currently
                                               extension of provisional measures from                   classifiable under Harmonized Tariff                   AGENCY:   Enforcement and Compliance,
                                               a four-month period to a period not                      Schedule of the United States (HTSUS)                  International Trade Administration,
                                               more than six months in duration.                        subheadings 5503.20.0045 and 5503.20.0065.             Department of Commerce.
                                                  On November 13, 2017, pursuant to                        (2) Low-melt PSF defined as a bi-
                                                                                                        component polyester fiber having a polyester           SUMMARY: The Department of Commerce
                                               19 CFR 351.210(e), TCK requested that                                                                           (the Department) preliminarily
                                                                                                        fiber component that melts at a lower
                                               the Department postpone the final                        temperature than the other polyester fiber             determines that fine denier polyester
daltland on DSKBBV9HB2PROD with NOTICES




                                               determination and that provisional                       component, which is currently classifiable             staple fiber (fine denier PSF) from India
                                               measures be extended to a period not to                  under HTSUS subheading 5503.20.0015.                   is being, or is likely to be, sold in the
                                               exceed six months.9 In accordance with                                                                          United States at less than fair value
                                                                                                        China, the Republic of Korea, and Taiwan—              (LTFV). The period of investigation
                                                 8 See  19 CFR 351.309; see also 19 CFR 351.303         Petitioners’ Request to Postpone the Antidumping
                                               (for general filing requirements).                       Duty Preliminary Determinations,’’ dated October
                                                                                                                                                               (POI) is April 1, 2016, through March
                                                  9 See Petitioner’s Letter, ‘‘Fine Denier Polyester    13, 2017.                                              31, 2017.
                                               Staple Fiber from India, the People’s Republic of          10 See also 19 CFR 351.210(e).                       DATES: Applicable January 5, 2018.



                                          VerDate Sep<11>2014    16:30 Jan 04, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                            Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                                                                  663

                                               FOR FURTHER INFORMATION CONTACT:                                            the Preliminary Decision Memorandum                                         (Bombay Dyeing), which failed to
                                               Patrick O’Connor or Magd Zalok, AD/                                         are identical in content.                                                   cooperate by not acting to the best of its
                                               CVD Operations, Office IV, Enforcement                                                                                                                  ability in its responses to the
                                                                                                                           Scope of the Investigation
                                               and Compliance, International Trade                                                                                                                     Department’s requests for information.
                                               Administration, U.S. Department of                                            The product covered by this                                               For a full description of the
                                               Commerce, 1401 Constitution Avenue                                          investigation is fine denier PSF from                                       methodology underlying the
                                               NW, Washington, DC 20230; telephone:                                        India. For a complete description of the                                    preliminary determination, see the
                                               (202) 482–0989 or (202) 482–4162,                                           scope of this investigation, see                                            Preliminary Decision Memorandum.
                                               respectively.                                                               Appendix I.
                                                                                                                                                                                                       All-Others Rate
                                               SUPPLEMENTARY INFORMATION:                                                  Scope Comments
                                                                                                                                                                                                         Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                               Background                                                                    In accordance with the Preamble to                                        of the Act provide that in the
                                                                                                                           the Department’s regulations,4 the                                          preliminary determination the
                                                  This preliminary determination is                                        Initiation Notice set aside a period of                                     Department shall determine an
                                               made in accordance with section 733(b)                                      time for parties to raise issues regarding                                  estimated all-others rate for all exporters
                                               of the Tariff Act of 1930, as amended                                       product coverage (i.e., scope).5 Certain                                    and producers not individually
                                               (the Act). The Department published the                                     interested parties commented on the                                         examined. Section 735(c)(5)(A) states
                                               notice of initiation of this investigation                                  scope of the investigation as it appeared                                   that in calculating this rate, it shall be
                                               on June 27, 2017.1 On October 24, 2017,                                     in the Initiation Notice. For a summary                                     an amount equal to the weighted
                                               the Department postponed the                                                of the product coverage comments and                                        average of the estimated weighted-
                                               preliminary determination of this                                           rebuttal responses submitted to the                                         average dumping margins established
                                               investigation and the revised deadline is                                   record for this preliminary                                                 for exporters and producers
                                               now December 18, 2017.2 For a                                               determination, and accompanying                                             individually investigated, excluding any
                                               complete description of the events that                                     discussion and analysis of all comments                                     zero and de minimis margins, and any
                                               followed the initiation of this                                             timely received, see the Preliminary                                        margins determined entirely under
                                               investigation, see the Preliminary                                          Scope Decision Memorandum.6 The                                             section 776 of the Act.
                                               Decision Memorandum.3 A list of topics                                      Department is preliminarily modifying                                         In this investigation, the Department
                                               included in the Preliminary Decision                                        the scope language as it appeared in the                                    preliminarily assigned a rate based
                                               Memorandum is included as Appendix                                          Initiation Notice. See the revised scope                                    entirely on selecting facts otherwise
                                               II to this notice. The Preliminary                                          in Appendix I to this notice.                                               available with an adverse inference to
                                               Decision Memorandum is a public                                                                                                                         Bombay Dyeing. Therefore, the only rate
                                               document and is on file electronically                                      Methodology
                                                                                                                                                                                                       that is not zero, de minimis or based
                                               via Enforcement and Compliance’s                                              The Department is conducting this                                         entirely on facts otherwise available
                                               Antidumping and Countervailing Duty                                         investigation in accordance with section                                    with an adverse inference is the rate
                                               Centralized Electronic Service System                                       731 of the Act. The Department has                                          calculated for Reliance Industries
                                               (ACCESS). ACCESS is available to                                            calculated export prices in accordance                                      Limited (RIL). Consequently, the rate
                                               registered users at https://                                                with section 772(a) of the Act. Normal                                      calculated for RIL is also assigned as the
                                               access.trade.gov, and to all parties in the                                 value (NV) is calculated in accordance                                      rate for all-other producers and
                                               Central Records Unit, Room B8024 of                                         with section 773 of the Act.                                                exporters.
                                               the main Department of Commerce                                             Furthermore, pursuant to section 776(a)
                                               building. In addition, a complete                                           and (b) of the Act, the Department has                                      Preliminary Determination
                                               version of the Preliminary Decision                                         preliminarily relied upon facts                                               The Department preliminarily
                                               Memorandum can be accessed directly                                         otherwise available, with adverse                                           determines that the following estimated
                                               at http://enforcement.trade.gov/frn/.                                       inferences (AFA), for Bombay Dyeing &                                       weighted-average dumping margins
                                               The signed and the electronic version of                                    Manufacturing Company Limited                                               exist:

                                                                                                                                                                                                                     Estimated        Cash deposit rate
                                                                                                                                                                                                                  weighted-average      (adjusted for
                                                                                                                 Exporter/producer                                                                                 dumping margin     subsidy offset(s))
                                                                                                                                                                                                                      (percent)           (percent)

                                               Reliance Industries Limited .........................................................................................................................                          2.66                7 0.66

                                               Bombay Dyeing & Manufacturing Company Limited ..................................................................................                                             8 21.43               15.66
                                               All-Others .....................................................................................................................................................               2.66                 0.00



                                               Suspension of Liquidation                                                   U.S. Customs and Border Protection                                          Appendix I, entered, or withdrawn from
                                                                                                                           (CBP) to suspend liquidation of entries                                     warehouse, for consumption on or after
                                                 In accordance with section 733(d)(2)                                      of subject merchandise, as described in
                                               of the Act, the Department will direct

                                                  1 See Fine Denier Polyester Staple Fiber from the                        Determinations in Less-Than-Fair-Value                                         5 SeeInitiation Notice.
                                                                                                                           Investigations, 82 FR 49178 (October 24, 2017).
daltland on DSKBBV9HB2PROD with NOTICES




                                               People’s Republic of China, India, the Republic of                                                                                                         6 SeeMemorandum, ‘‘Fine Denier Polyester
                                               Korea, Taiwan, and the Socialist Republic of                                  3 See Memorandum entitled ‘‘Decision                                      Staple Fiber from the Republic of Korea: Scope
                                               Vietnam: Initiation of Less-Than-Fair-Value                                 Memorandum for the Preliminary Determination in                             Comments Decision Memorandum for the
                                               Investigations, 82 FR 29023 (June 27, 2017)                                 the Less-Than-Fair Value Investigation of Fine                              Preliminary Determination’’ (Preliminary Scope
                                               (Initiation Notice).                                                        Denier Polyester Staple Fiber from India,’’ dated                           Decision Memorandum), dated concurrently with
                                                  2 See Fine Denier Polyester Staple Fiber from the
                                                                                                                           concurrently with, and hereby adopted by, this                              this preliminary determination.
                                                                                                                           notice (Preliminary Decision Memorandum).                                     7 See Calculation Memorandum, dated
                                               People’s Republic of China, India, the Republic of                            4 See Antidumping Duties; Countervailing Duties,                          concurrently with this notice.
                                               Korea, and Taiwan: Postponement of Preliminary
                                                                                                                           Final Rule, 62 FR 27296, 27323 (May 19, 1997).                                8 This rate is based on AFA.




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                                               664                              Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices

                                               the date of publication of this notice in               RIL’s information relied upon in making                of provisional measures from a four-
                                               the Federal Register.                                   its final determination.                               month period to a period not more than
                                                  The Department normally adjusts                                                                             six months in duration.
                                               cash deposits for estimated antidumping                 Public Comment
                                                                                                                                                                 On November 15, 2017, pursuant to
                                               duties by the amount of export subsidies                   Case briefs or other written comments               19 CFR 351.210(e), RIL requested that
                                               countervailed in a companion                            may be submitted to the Assistant                      the Department postpone the final
                                               countervailing duty (CVD) proceeding,                   Secretary for Enforcement and                          determination and that provisional
                                               when CVD provisional measures are in                    Compliance no later than seven days                    measures be extended to a period not to
                                               effect. Accordingly, where the                          after the date on which the last                       exceed six months.10 In accordance with
                                               Department preliminarily made an                        verification report is issued in this                  section 735(a)(2)(A) of the Act and 19
                                               affirmative determination of                            investigation, unless the Secretary alters             CFR 351.210(b)(2)(ii), because: (1) The
                                               countervailable export subsidies, the                   the time limit. Rebuttal briefs, limited to            preliminary determination is
                                               Department has offset the estimated                     issues raised in case briefs, may be                   affirmative; (2) the requesting exporter
                                               weighted-average dumping margin by                      submitted no later than five days after                accounts for a significant proportion of
                                               the appropriate CVD export subsidy                      the deadline date for case briefs.9                    exports of the subject merchandise; and
                                               rate. Any such adjusted cash deposit                    Pursuant to 19 CFR 351.309(c)(2) and                   (3) no compelling reasons for denial
                                               rate may be found in the Preliminary                    (d)(2), parties who submit case briefs or              exist, the Department is postponing the
                                               Determination Section above.                            rebuttal briefs in this investigation are              final determination and extending the
                                                  Should the provisional measures in                   encouraged to submit with each                         provisional measures from a four-month
                                               the companion CVD investigation expire                  argument: (1) A statement of the issue;                period to a period not greater than six
                                               prior to the expiration of provisional                  (2) a brief summary of the argument;                   months. Accordingly, the Department
                                               measures in this LTFV investigation, the                and (3) a table of authorities.                        will make its final determination no
                                               Department will direct CBP to begin                        Pursuant to 19 CFR 351.310(c),
                                                                                                                                                              later than 135 days after the date of
                                               collecting estimating antidumping duty                  interested parties who wish to request a
                                                                                                                                                              publication of this preliminary
                                               cash deposits unadjusted for                            hearing, limited to issues raised in the
                                                                                                                                                              determination.
                                               countervailed export subsidies at the                   case and rebuttal briefs, must submit a
                                               time that the provisional CVD measures                  written request to the Assistant                       International Trade Commission
                                               expire.                                                 Secretary for Enforcement and                          Notification
                                                  Pursuant to section 733(d)(1)(B) of the              Compliance, U.S. Department of
                                               Act and 19 CFR 351.205(d), the                                                                                    In accordance with section 733(f) of
                                                                                                       Commerce, within 30 days after the date
                                               Department will instruct CBP to require                                                                        the Act, the Department will notify the
                                                                                                       of publication of this notice. Requests
                                               a cash deposit equal to the estimated                                                                          International Trade Commission (ITC) of
                                                                                                       should contain the party’s name,
                                               weighted-average dumping margin or                                                                             its preliminary determination. If the
                                                                                                       address, and telephone number, the
                                               the estimated all-others rate, adjusted                                                                        final determination is affirmative, the
                                                                                                       number of participants, whether any
                                               for export subsidies, as follows: (1) The                                                                      ITC will determine before the later of
                                                                                                       participant is a foreign national, and a
                                               cash deposit rate for the respondents                                                                          120 days after the date of this
                                                                                                       list of the issues to be discussed. If a
                                               listed above will be equal to the                                                                              preliminary determination or 45 days
                                                                                                       request for a hearing is made, the
                                               company-specific estimated weighted-                                                                           after the final determination whether
                                                                                                       Department intends to hold the hearing
                                               average dumping margins determined in                                                                          these imports are materially injuring, or
                                                                                                       at the U.S. Department of Commerce,
                                               this preliminary determination, adjusted                                                                       threaten material injury to, the U.S.
                                                                                                       1401 Constitution Avenue NW,
                                               for export subsidies; (2) if the exporter                                                                      industry.
                                                                                                       Washington, DC 20230, at a time and
                                               is not a respondent identified above, but               date to be determined. Parties should                  Notification to Interested Parties
                                               the producer is, then the cash deposit                  confirm by telephone the date, time, and
                                               rate will be equal to the company-                      location of the hearing two days before                  This determination is issued and
                                               specific estimated weighted-average                     the scheduled date.                                    published in accordance with sections
                                               dumping margin established for that                                                                            733(f) and 777(i)(1) of the Act and 19
                                                                                                       Postponement of Final Determination                    CFR 351.205(c).
                                               producer of the subject merchandise,
                                                                                                       and Extension of Provisional Measures                    Dated: December 18, 2017.
                                               adjusted for export subsidies; and (3)
                                               the cash deposit rate for all other                        Section 735(a)(2) of the Act provides               Gary Taverman,
                                               producers and exporters will be equal to                that a final determination may be                      Deputy Assistant Secretary for Antidumping
                                               the all-others estimated weighted-                      postponed until not later than 135 days                and Countervailing Duty Operations
                                               average dumping margin, adjusted for                    after the date of the publication of the               performing the non-exclusive functions and
                                               export subsidies. These suspension of                   preliminary determination if, in the                   duties of the Assistant Secretary for
                                               liquidation instructions will remain in                 event of an affirmative preliminary                    Enforcement and Compliance.
                                               effect until further notice.                            determination, a request for such                      Appendix I
                                                                                                       postponement is made by exporters who
                                               Disclosure                                              account for a significant proportion of                Scope of the Investigation
                                                  The Department intends to disclose                   exports of the subject merchandise, or in                 The merchandise covered by this
                                               its calculations and analysis performed                 the event of a negative preliminary                    investigation is fı̀ne denier polyester staple
                                               to interested parties in this preliminary               determination, a request for such                      fiber (fine denier PSF), not carded, combed,
                                               determination within five days of any                   postponement is made by the petitioner.                or pre-opened, measuring less than 3.3
                                               public announcement or, if there is no                                                                         decitex (3 denier) in diameter. The scope
                                                                                                       Section 351.210(e)(2) of the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                              covers all fine denier PSF, whether coated or
                                               public announcement, within five days                   Department’s regulations requires that a               uncoated. The following products are
                                               of the date of publication of this notice               request by exporters for postponement                  excluded from the scope:
                                               in accordance with 19 CFR 351.224(b).                   of the final determination be
                                               Verification                                            accompanied by a request for extension                   10 See Letter from RIL, ‘‘Fine Denier Polyester

                                                                                                                                                              Staple Fiber from India: Reliance Industries, Ltd.’s
                                                 As provided in section 782(i)(1) of the                  9 See 19 CFR 351.309; see also 19 CFR 351.303       Request to Extend the Antidumping Duty Final
                                               Act, the Department intends to verify                   (for general filing requirements).                     Determination,’’ dated November 15, 2017.



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                                                                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                                      665

                                                  (1) PSF equal to or greater than 3.3 decitex         DEPARTMENT OF COMMERCE                                 Memorandum is included as Appendix
                                               (more than 3 denier, inclusive) currently                                                                      II to this notice. The Preliminary
                                               classifiable under Harmonized Tariff                    International Trade Administration                     Decision Memorandum is a public
                                               Schedule of the United States (HTSUS)                                                                          document and is on file electronically
                                                                                                       [A–570–060]
                                               subheadings 5503.20.0045 and 5503.20.0065.                                                                     via Enforcement and Compliance’s
                                                  (2) Low-melt PSF defined as a bi-                    Fine Denier Polyester Staple Fiber                     Antidumping and Countervailing Duty
                                               component polyester fiber having a polyester            From the People’s Republic of China:                   Centralized Electronic Service System
                                               fiber component that melts at a lower                   Preliminary Affirmative Determination                  (ACCESS). ACCESS is available to
                                               temperature than the other polyester fiber              of Sales at Less Than Fair Value,                      registered users at https://
                                               component, which is currently classifiable                                                                     access.trade.gov, and to all parties in the
                                                                                                       Postponement of Final Determination,
                                               under HTSUS subheading 5503.20.0015.                                                                           Central Records Unit, Room B8024 of
                                                                                                       and Extension of Provisional Measures
                                                  Fine denier PSF is classifiable under the
                                                                                                                                                              the main Department of Commerce
                                               HTSUS subheading 5503.20.0025. Although                 AGENCY:   Enforcement and Compliance,                  building. In addition, a complete
                                               the HTSUS subheadings are provided for                  International Trade Administration,
                                                                                                                                                              version of the Preliminary Decision
                                               convenience and customs purposes, the                   Department of Commerce.
                                                                                                                                                              Memorandum can be found at http://
                                               written description of the scope of this                SUMMARY: The Department of Commerce
                                               investigation is dispositive.
                                                                                                                                                              enforcement.trade.gov/frn/. The signed
                                                                                                       (the Department) preliminarily                         and electronic versions of the
                                               Appendix II                                             determines that fine denier polyester                  Preliminary Decision Memorandum are
                                                                                                       staple fiber (fine denier PSF) from the                identical in content.
                                               List of Topics Discussed in the Preliminary             People’s Republic of China (PRC) is
                                               Decision Memorandum                                     being, or is likely to be sold in the                  Scope of the Investigation
                                               I. Summary                                              United States at less than fair value
                                               II. Background                                          (LTFV). The period of investigation                      The product covered by this
                                               III. Period of Investigation                            (POI) is October 1, 2016, through March                investigation is fine denier PSF from the
                                               IV. Postponement of Preliminary                         31, 2017.                                              PRC. For a complete description of the
                                                     Determination                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              scope of this investigation, see
                                               V. Postponement of Final Determination and              Edythe Artman or John McGowan, AD/                     Appendix I.
                                                     Extension of Provisional Measures                 CVD Operations, Office VI, Enforcement                 Scope Comments
                                               VI. Scope of the Investigation                          and Compliance, International Trade
                                               VII. Scope Comments                                     Administration, U.S. Department of                       In accordance with the preamble to
                                               VIII. Discussion of Methodology                         Commerce, 1401 Constitution Avenue                     the Department’s regulations,4 the
                                                  A. Application of Adverse Facts Available            NW, Washington, DC 20230; telephone:                   Initiation Notice set aside a period of
                                                  B. Corroboration of Secondary Information            (202) 482–3931 or (202) 482–3019,                      time for parties to raise issues regarding
                                                  C. All-Others Rate                                   respectively.                                          product coverage (i.e., scope).5 Certain
                                                  D. Comparison to Normal Value                                                                               interested parties commented on the
                                                  E. Determination of the Comparison                   DATES: Applicable January 5, 2018.
                                                                                                                                                              scope of the investigation as it appeared
                                                     Method                                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                              in the Initiation Notice. For a summary
                                                  F. Results of the Differential Pricing               Background                                             of the product coverage comments and
                                                     Analysis                                                                                                 rebuttal responses submitted to the
                                               IX. Date of Sale                                           This preliminary determination is
                                                                                                       made in accordance with section 733(b)                 record for this preliminary
                                               X. U.S. Price
                                                                                                       of the Tariff Act of 1930, as amended                  determination, and accompanying
                                               XI. Normal Value
                                                                                                       (the Act). The Department published the                discussion and analysis of all comments
                                                  A. Home Market Viability
                                                                                                       notice of initiation of this investigation             timely received, see the Preliminary
                                                  B. Affiliated-Party Transactions and Arm’s-
                                                     Length Test                                       on June 28, 2017.1 On October 24, 2017,                Scope Decision Memorandum.6 The
                                                  C. Deemed Export Sales                               the Department postponed the                           Department is preliminarily modifying
                                                  D. Level of Trade                                    preliminary determination of this                      the scope language as it appeared in the
                                                  E. Calculation of NV Based on Comparison             investigation and the revised deadline is              Initiation Notice. See the revised scope
                                                     Market Prices                                     now December 18, 2017.2 For a                          in Appendix I to this notice.
                                                  F. Calculation of NV Based on Constructed            complete description of the events that                Methodology
                                                     Value (CV)                                        followed the initiation of this
                                                  G. Cost of Production (COP) Analysis                 investigation, see the Preliminary                       The Department is conducting this
                                               XII. Adjustments for Countervailable Export             Decision Memorandum.3 A list of topics                 investigation in accordance with section
                                                     Subsidies                                         included in the Preliminary Decision                   731 of the Act. The Department has
                                               XIII. Currency Conversion                                                                                      calculated export prices and constructed
                                               XIV. Verification                                          1 See Fine Denier Polyester Staple Fiber From the
                                                                                                                                                              export prices in accordance with section
                                               XV. Recommendation                                      People’s Republic of China, India, the Republic of     772(a) of the Act. Because the PRC is a
                                                                                                       Korea, Taiwan, and the Socialist Republic of
                                               [FR Doc. 2017–27752 Filed 1–4–18; 8:45 am]              Vietnam: Initiation of Less-Than-Fair-Value            non-market economy within the
                                               BILLING CODE 3510–DS–P                                  Investigations, 82 FR 29023 (June 27, 2017)            meaning of section 771(18) of the Act,
                                                                                                       (Initiation Notice).                                   normal value (NV) was calculated in
                                                                                                          2 See Fine Denier Polyester Staple Fiber from the
                                                                                                                                                              accordance with section 773(c) of the
                                                                                                       People’s Republic of China, India, the Republic of
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       Korea, and Taiwan: Postponement of Preliminary
                                                                                                                                                                4 See Antidumping Duties; Countervailing Duties:
                                                                                                       Determinations in Less-Than-Fair-Value
                                                                                                       Investigations, 82 FR 49178 (October 24, 2017).        Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                          3 See Memorandum, ‘‘Decision Memorandum for           5 See Initiation Notice.

                                                                                                       the Preliminary Determination in the Less-Than-          6 See Memorandum, ‘‘Fine Denier Polyester

                                                                                                       Fair Value Investigation of Fine Denier Polyester      Staple Fiber from the Republic of Korea: Scope
                                                                                                       Staple Fiber from the People’s Republic of China,’’    Comments Decision Memorandum for the
                                                                                                       dated concurrently with, and hereby adopted by,        Preliminary Determination’’ (Preliminary Scope
                                                                                                       this notice (Preliminary Decision Memorandum).         Decision Memorandum), dated December 8, 2017.



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Document Created: 2018-10-26 09:31:51
Document Modified: 2018-10-26 09:31:51
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 January 5, 2018.
ContactPatrick O'Connor or Magd Zalok, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0989 or (202) 482-4162, respectively.
FR Citation83 FR 662 

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