83 FR 665 - Fine Denier Polyester Staple Fiber From the People's Republic of China: 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)
International Trade Administration
Federal Register Volume 83, Issue 4 (January 5, 2018)
| Page Range | 665-668 | |
| FR Document | 2017-27749 |
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)] [Notices] [Pages 665-668] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27749] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-060] Fine Denier Polyester Staple Fiber From the People's Republic of China: 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 the People's Republic of China (PRC) is being, or is likely to be sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2016, through March 31, 2017. FOR FURTHER INFORMATION CONTACT: Edythe Artman or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-3019, respectively. DATES: Applicable January 5, 2018. 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 28, 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 found at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Fine Denier Polyester Staple Fiber From 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, ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair Value Investigation of Fine Denier Polyester Staple Fiber from the People's Republic of China,'' 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 the PRC. 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 December 8, 2017. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. The Department has calculated export prices and constructed export prices in accordance with section 772(a) of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value (NV) was calculated in accordance with section 773(c) of the [[Page 666]] Act.\7\ For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ Jiangyin Hailun Chemical Fiber Co., Ltd. (Hailun), and Jiangyin Huahong Chemical Fiber Co., Ltd. (Huahong), are the mandatory respondents in this investigation. --------------------------------------------------------------------------- Combination Rates In the Initiation Notice,\8\ the Department stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\9\ --------------------------------------------------------------------------- \8\ See Initiation Notice, 82 FR at 29028. \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on the Department's website at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ---------------------------------------------------------------------------------------------------------------- Weighted- Cash deposit average adjusted for Producer Exporter margin subsidy offset (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Jiangyin Hailun Chemical Fiber Co. Ltd./Jiangyin Jiangyin Hailun Chemical 181.46 170.92 Xinlun Chemical Fiber Co., Ltd./Jiangyin Yunlun Fiber Co. Ltd. Chemical Fiber Co., Ltd./Jiangyin Bolun Chemical Fiber Co., Ltd./Jiangyin Fenghua Synthetic Fiber Co., Ltd./Jiangyin Huamei Special Fiber Co., Ltd./ Jiangyin Huasheng Polymerization Co., Ltd./Jiangyin Huayi Polymerization Co., Ltd./Jiangyin Huaxing Synthetic Co., Ltd./Jiangyin Xingsheng Plastic Co., Ltd \10\. Jiangyin Huahong Chemical Fiber Co., Ltd./Jiangyin Jiangyin Huahong Chemical 63.26 52.66 Huakai Polyester Co., Ltd./Jiangyin Hongkai Fiber Co., Ltd. Chemical Fiber Co., Ltd \11\. Hangzhou Best Chemical Fiber Co., Ltd............... Hangzhou Best Chemical 122.36 111.79 Fiber Co., Ltd. Cixi Jiangnan Chemical Fiber Co. Ltd................ Cixi Jiangnan Chemical 122.36 111.79 Fiber Co. Ltd. Jiangsu Xinsu Chemical Fiber Co., Ltd............... Jiangsu Xinsu Chemical 122.36 111.79 Fiber Co., Ltd. Jiangyin Jinyan Chemical Fiber Co., Ltd./Jiangsui Jiangyin Jinyan Chemical 122.36 111.79 Xiang He Tai Fiber Technology Co., Ltd. Fiber Co., Ltd. Jiangsu Hengze Composite Materials Technology Co., Jiangyin Yangxi 122.36 111.79 Ltd./Chuzhou Prosperity Enviromental Protection International Trade Co., Color Fiber Co., Ltd./Jiangsu Xiang He Tai Fiber Ltd. Technology Co., Ltd./Jiangyin Hengfeng Chemical Fiber Co., Ltd./Jiangyin Shunze Chemical Fiber Co., Ltd. Zhejiang Jinfuchun Industrial Co., Ltd.............. Zhejiang Jinfuchun 122.36 111.79 Industrial Co., Ltd. Nanyang Textile Co., Ltd............................ Nanyang Textile Co., Ltd.. 122.36 111.79 Ningbo Dafa Chemical Fiber Co. Ltd.................. Ningbo Dafa Chemical Fiber 122.36 111.79 Co. Ltd. Zhaoqing Tifo New Fibre Co., Ltd.................... Zhaoqing Tifo New Fibre 122.36 111.79 Co., Ltd. Jiangyin Yueda Chemical Fiber Limited Company/ Unifi Textiles (Suzhou) 122.36 111.79 Hangzhou BenMa Chemical and Spinning Company Ltd./ Co., Ltd. Yizheng Chemical Fiber Limited Liability Company. Yuyao Dafa Chemical Fiber Co., Ltd.................. Yuyao Dafa Chemical Fiber 122.36 111.79 Co., Ltd. Jiangyin Jindun Chemical Fiber Co., Ltd............. Zhangjiagang City Hongtuo 122.36 111.79 Chemical Fiber Co., Ltd. Zhejiang Huashun Technology Co., Ltd................ Zhejiang Linan Foreign 122.36 111.79 Trade Co., Ltd. Suzhou Zhengbang Chemical Fiber Co., Ltd............ Suzhou Zhengbang Chemical 122.36 111.79 Fiber Co., Ltd. ---------------------------------------------------------------------------------------------------------------- PRC-Wide Entity................................................................. 181.46 170.92 ---------------------------------------------------------------------------------------------------------------- Suspension of Liquidation --------------------------------------------------------------------------- \10\ The Department preliminarily determines that the following companies are a single entity for dumping purposes: Hailun; Jiangyin Xinlun Chemical Fiber Co., Ltd.; Jiangyin Yunlun Chemical Fiber Co., Ltd.; Jiangyin Bolun Chemical Fiber Co., Ltd.; Jiangyin Fenghua Synthetic Fiber Co., Ltd.; Jiangyin Huamei Special Fiber Co., Ltd.; Jiangyin Huasheng Polymerization Co., Ltd.; Jiangyin Huayi Polymerization Co., Ltd.; Jiangyin Huaxing Synthetic Co., Ltd.; Jiangyin Xingsheng Plastic Co., Ltd. See Preliminary Decision Memorandum. \11\ The Department preliminarily determines that Huahong, Jiangyin Huakai Polyester Co., Ltd., and Jiangyin Hongkai Chemical Fiber Co., Ltd., are a single entity for dumping purposes. See Preliminary Decision Memorandum. --------------------------------------------------------------------------- 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 the date of publication of this notice in [[Page 667]] the Federal Register. Further, 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 \12\ equal to the weighted-average amount by which NV exceeds U.S. price, adjusted where appropriate for export subsidies,\13\ as follows: (1) For the producer/exporter combinations listed in the above table, the cash deposit rate for the exporter/ producer combinations listed in the table above will be the rate the Department determines in this preliminary determination; (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not established eligibility for their own separate rates, the cash-deposit rate will be the cash deposit rate established for the PRC-wide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. --------------------------------------------------------------------------- \12\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). \13\ See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department does not calculate the adjustment for export subsidies in investigations in the margin calculation program, but in the cash deposit instructions issued to CBP. See, e.g., Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- To determine the cash deposit rate, the Department normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional measures are in effect. Accordingly, where the Department has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, the Department has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Rates adjusted for export subsidies may be found in the Preliminary Determination section's chart of estimated weighted-average dumping margins above. As stated previously, we will adjust cash deposit rates by the amount of export subsidies, where appropriate. In the companion CVD investigation, Hailun was also a mandatory respondent and received a calculated export subsidy rate of 10.54 percent, and, thus, we will offset the calculated rate for Hailun by 10.54 percent. Huahong was also a mandatory responding in the companion CVD investigation and received a calculated export subsidy rate of 10.60 percent, and, thus, we will offset the calculated rate for the Huahong by 10.60 percent. For the separate rate companies, which were not mandatory respondents in the companion CVD investigation, we will offset the calculated rate for each of the companies by 10.57 percent, the average of the export subsidy rates for the two mandatory respondents in the companion CVD investigation. Finally, we are adjusting the cash deposit rate for the PRC-wide entity by 10.54 percent, the lowest adjustment for any party in the companion CVD investigation.\14\ --------------------------------------------------------------------------- \14\ See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Pursuant to 777A(f) of the Act, we also intend to adjust preliminary cash deposit rates for estimated domestic subsidy pass- through, where appropriate. We will make these adjustments after analysis of responses to a double-remedy questionnaire, which we issued to Hailun and Huahong on December 12, 2017. Should 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 cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for export subsidies at the time the CVD provisional measures expire. 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) of the Act, the Department intends to verify 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 final verification report is issued in this proceeding, 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 for case briefs.\15\ 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. --------------------------------------------------------------------------- \15\ 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 for a hearing 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. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS no later than 5:00 p.m. Eastern Time on the established due 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 antidumping 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. [[Page 668]] On November 10 and December 12, 2017, the petitioners and the respondents, respectively, requested that the Department postpone the final determination and extend provisional measures from four months to six months.\16\ In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our 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, we will make our final determination no later than 135 days after the date of publication of this preliminary determination.\17\ --------------------------------------------------------------------------- \16\ See Letter from the petitioners, ``Fine Denier Polyester Staple Fiber from China, India, Korea and Taiwan--Petitioners' Request to Extend the Antidumping Duty Final Determinations'', dated November 10, 2017; Letter from the respondents, ``Fine Denier Polyester Staple Fiber from the People's Republic of China--Request for Postponement of Final Determination,'' dated December 12, 2017, and People's Republic of China--Petitioners' Request to Extend Final Determination,'' dated September 11, 2017. \17\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- 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: (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 Non-Market Economy Country Surrogate Country and Surrogate Values 1. Economic Comparability 2. Significant Producer of Comparable Merchandise 3. Data Availability Separate Rates 1. Absence of De Jure Control 2. Absence of De Facto Control 3. Companies Not Receiving a Separate Rate Combination Rates Collapsing and Affiliation The PRC-Wide Entity Application of Facts Available and Adverse Inferences 1. Use of Facts Available 2. Application of Facts Available with an Adverse Inference 3. Selection and Corroboration of the AFA Rate Date of Sale Comparisons to Fair Value 1. Export Price Normal Value Factor Valuation Methodology Determination of the Comparison Method IX. Currency Conversion X. Adjustment Under Section 777A(f) of the Act XI. Adjustments for Countervailable Export Subsidies XII. Disclosure and Public Comment XIII. Verification XIV. Conclusion [FR Doc. 2017-27749 Filed 1-4-18; 8:45 am] BILLING CODE 3510-DS-P
![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.
VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05JAN1.SGM 05JAN1](https://thefederalregister.org/doc/83_FR_669/page/1.svg)
![668 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
On November 10 and December 12, covers all fine denier PSF, whether coated or DEPARTMENT OF COMMERCE
2017, the petitioners and the uncoated. The following products are
respondents, respectively, requested excluded from the scope: International Trade Administration
that the Department postpone the final (1) PSF equal to or greater than 3.3 decitex
(more than 3 denier, inclusive) currently [A–583–860]
determination and extend provisional
measures from four months to six classifiable under Harmonized Tariff
Fine Denier Polyester Staple Fiber
Schedule of the United States (HTSUS)
months.16 In accordance with section From Taiwan: Preliminary Affirmative
subheadings 5503.20.0045 and 5503.20.0065.
735(a)(2)(A) of the Act and 19 CFR Determination of Sales at Less Than
(2) Low-melt PSF defined as a bi-
351.210(b)(2)(ii), because: (1) Our component polyester fiber having a polyester Fair Value, Postponement of Final
preliminary determination is fiber component that melts at a lower Determination, and Extension of
affirmative; (2) the requesting exporter temperature than the other polyester fiber Provisional Measures
accounts for a significant proportion of component, which is currently classifiable
exports of the subject merchandise; and AGENCY: Enforcement and Compliance,
under HTSUS subheading 5503.20.0015.
(3) no compelling reasons for denial International Trade Administration,
Fine denier PSF is classifiable under the
exist, the Department is postponing the HTSUS subheading 5503.20.0025. Although
Department of Commerce.
final determination and extending the the HTSUS subheadings are provided for SUMMARY: The Department of Commerce
provisional measures from a four-month convenience and customs purposes, the (the Department) preliminarily
period to a period not greater than six written description of the scope of this determines that fine denier polyester
months. Accordingly, we will make our investigation is dispositive. staple fiber (fine denier PSF) from
final determination no later than 135 Taiwan is being, or is likely to be, sold
Appendix II in the United States at less than fair
days after the date of publication of this
preliminary determination.17 List of Topics Discussed in the Preliminary value (LTFV). The period of
Decision Memorandum investigation (POI) is April 1, 2016,
International Trade Commission through March 31, 2017.
Notification I. Summary
II. Background DATES: Applicable January 5, 2018.
In accordance with section 733(f) of III. Period of Investigation FOR FURTHER INFORMATION CONTACT: Lilit
the Act, the Department will notify the IV. Postponement of Preliminary Astvatsatrian, AD/CVD Operations,
International Trade Commission (ITC) of Determination Office IV, Enforcement and Compliance,
its preliminary determination. If the V. Postponement of Final Determination and International Trade Administration,
final determination is affirmative, the Extension of Provisional Measures
U.S. Department of Commerce, 1401
ITC will determine before the later of VI. Scope of the Investigation
Constitution Avenue NW, Washington,
120 days after the date of this VII. Scope Comments
VIII. Discussion of Methodology
DC 20230; telephone (202) 482–6412.
preliminary determination or 45 days
Non-Market Economy Country SUPPLEMENTARY INFORMATION:
after the final determination whether
these imports are materially injuring, or Surrogate Country and Surrogate Values Background
threaten material injury to, the U.S. 1. Economic Comparability
2. Significant Producer of Comparable This preliminary determination is
industry. made in accordance with section 733(b)
Merchandise
Notification to Interested Parties 3. Data Availability of the Tariff Act of 1930, as amended
This determination is issued and Separate Rates (the Act). The Department published the
published in accordance with sections 1. Absence of De Jure Control notice of initiation of this investigation
733(f) and 777(i)(1) of the Act and 19 2. Absence of De Facto Control on June 28, 2017.1 On October 21, 2017,
3. Companies Not Receiving a Separate the Department postponed the
CFR 351.205(c).
Rate preliminary determination of this
Dated: December 18, 2017. Combination Rates investigation and the revised deadline is
Gary Taverman, Collapsing and Affiliation now December 18, 2017.2 For a
Deputy Assistant Secretary for Antidumping The PRC-Wide Entity complete description of the events that
and Countervailing Duty Operations Application of Facts Available and followed the initiation of this
performing the non-exclusive functions and Adverse Inferences
investigation, see the Preliminary
duties of the Assistant Secretary for 1. Use of Facts Available
Enforcement and Compliance.
Decision Memorandum.3 A list of topics
2. Application of Facts Available with an
Adverse Inference
included in the Preliminary Decision
Appendix I Memorandum is included as Appendix
3. Selection and Corroboration of the AFA
Scope of the Investigation Rate II to this notice. The Preliminary
Date of Sale Decision Memorandum is a public
The merchandise covered by this
investigation is fı̀ne denier polyester staple Comparisons to Fair Value
1 See Fine Denier Polyester Staple Fiber from the
fiber (fine denier PSF), not carded, combed, 1. Export Price
People’s Republic of China, India, the Republic of
or pre-opened, measuring less than 3.3 Normal Value
Korea, Taiwan, and the Socialist Republic of
decitex (3 denier) in diameter. The scope Factor Valuation Methodology Vietnam: Initiation of Less-Than-Fair-Value
Determination of the Comparison Method Investigations, 82 FR 29023 (June 27, 2017)
16 See Letter from the petitioners, ‘‘Fine Denier IX. Currency Conversion (Initiation Notice).
Polyester Staple Fiber from China, India, Korea and X. Adjustment Under Section 777A(f) of the 2 See Fine Denier Polyester Staple Fiber from the
Taiwan—Petitioners’ Request to Extend the Act People’s Republic of China, India, the Republic of
daltland on DSKBBV9HB2PROD with NOTICES
Antidumping Duty Final Determinations’’, dated Korea, and Taiwan: Postponement of Preliminary
XI. Adjustments for Countervailable Export
November 10, 2017; Letter from the respondents, Determinations in Less-Than-Fair-Value
‘‘Fine Denier Polyester Staple Fiber from the Subsidies Investigations, 82 FR 49178 (October 24, 2017).
People’s Republic of China—Request for XII. Disclosure and Public Comment 3 See Memorandum, ‘‘Decision Memorandum for
Postponement of Final Determination,’’ dated XIII. Verification the Preliminary Determination in the Less-Than-
December 12, 2017, and People’s Republic of XIV. Conclusion Fair Value Investigation of Fine Denier Polyester
China—Petitioners’ Request to Extend Final Staple Fiber from Taiwan,’’ dated concurrently
Determination,’’ dated September 11, 2017. [FR Doc. 2017–27749 Filed 1–4–18; 8:45 am] with, and hereby adopted by, this notice
17 See also 19 CFR 351.210(e). BILLING CODE 3510–DS–P (Preliminary Decision Memorandum).
VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\05JAN1.SGM 05JAN1](https://thefederalregister.org/doc/83_FR_669/page/4.svg)
Document Created: 2018-10-26 09:31:29
Document Modified: 2018-10-26 09:31:29
| 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 January 5, 2018. | |
| Contact | Edythe Artman or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-3019, respectively. | |
| FR Citation | 83 FR 665 |
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