83_FR_672 83 FR 668 - Fine Denier Polyester Staple Fiber From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 668 - Fine Denier Polyester Staple Fiber From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 4 (January 5, 2018)

Page Range668-671
FR Document2017-27751

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

Federal Register, Volume 83 Issue 4 (Friday, January 5, 2018)
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 668-671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-860]


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

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

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

DATES: Applicable January 5, 2018.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.

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 21, 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

[[Page 669]]

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, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair Value Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is fine denier PSF from 
Taiwan. 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. The revised scope is provided in Appendix I 
to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, 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 an adverse 
inference, for Far Eastern Textile, Ltd. (Far Eastern) also known as 
Far Eastern New Century Corporation, which declined to participate and 
did not respond to the Department's questionnaire or otherwise 
participate in the investigation.\7\ For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Antidumping Duty Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan: Far Eastern Textile 
Ltd.,'' dated August 8, 2017, at Attachment I (Far Eastern 
Withdrawal).
---------------------------------------------------------------------------

All-Others Rate

    In accordance with section 733(d)(1)(A)(i) of the Act, the 
Department determined weighted-average dumping margins for each of the 
producers/exporters of the subject merchandise individually 
investigated. Pursuant to sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of 
the Act, the Department shall determine an estimated all-others rate 
for all exporters and producers not individually examined 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. Where the rates for the 
individually investigated companies are all zero or de minimis, or 
determined entirely using facts otherwise available, section 
735(c)(5)(B) of the Act instructs the Department to establish ``any 
reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated, including 
averaging the estimated weighted average dumping margins determined for 
the exporters and producers individually investigated.'' The Department 
has preliminarily determined the estimated weighted-average dumping 
margin for Far Eastern under section 776 of the Act and determined that 
the estimated weighted-average dumping margin for Tainan Spinning Co., 
Ltd. (TSCL) is zero. Pursuant to section 735(c)(5)(B) of the Act, we 
calculated the ``all-others'' rate as a simple average of the zero 
percent dumping margin and the dumping margin based totally on AFA. For 
a full description of the methodology underlying the Department's 
analysis, see the Preliminary Decision Memorandum.

Preliminary Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Tainan Spinning Co., Ltd....................................        0.00
Far Eastern Textile Ltd. (AKA Far Eastern New Century              48.86
 Corporation)...............................................
All-Others..................................................       24.43
------------------------------------------------------------------------

    Consistent with section 733(b)(3) of the Act, the Department 
disregards de minimis rates and preliminarily determines that 
individually examined respondents with de minimis rates have not made 
sales of subject merchandise at LTFV.

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 
the date of publication of this notice in the Federal Register. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), the Department will instruct CBP to require a cash deposit 
equal to the estimated weighted-average dumping margin or the estimated 
all-others rate, as follows: (1) The cash deposit rate for the 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise, except 
as explained below; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Because the estimated weighted-average dumping margin for TSCL is 
de minimis, entries of shipments of subject merchandise from TSCL will 
not be subject to suspension of liquidation or cash deposit 
requirements. In such situations, the Department applies the exclusion 
to the provisional measures to the producer/exporter combination that 
was examined in the investigation. Accordingly, the Department is 
directing CBP not to suspend liquidation of entries of subject 
merchandise exported and produced by TSCL. Entries of shipments of 
subject merchandise from TSCL in any other producer/exporter 
combination, or by

[[Page 670]]

third parties that sourced subject merchandise from the excluded 
producer/exporter combination, are subject to the provisional measures 
at the all others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for subject merchandise exported and produced by TSCL, 
entries of shipments of subject merchandise from this producer/exporter 
combination will be excluded from the potential antidumping duty order. 
Such exclusions are not applicable to merchandise exported to the 
United States by TSCL in any other producer/exporter combinations or by 
third parties that source subject merchandise from the excluded 
producer/exporter combinations.
    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 TSCL'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 Department 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.\8\ 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.
---------------------------------------------------------------------------

    \8\ 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 13, 2017, pursuant to 19 CFR 351.210(e), TSCL requested 
that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\9\ 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.
---------------------------------------------------------------------------

    \9\ See TSCL's Letter, ``Fine Denier Polyester Staple Fiber 
(FDPSF),'' dated November 13, 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:
    (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 and Product Characteristic Comments
VIII. Discussion of Methodology
    A. Application of Adverse Facts Available
    B. Corroboration of Secondary Information

[[Page 671]]

    C. All-Others Rate
    D. Comparisons to Normal Value
IX. Date of Sale
X. U.S. Price
XI. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Calculation of Normal Value Based on Comparison Market Prices
    D. Calculation of NV Based on CV
    E. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Results of COP Test
XII. Currency Conversion
XIII. Verification
XIV. Recommendation

[FR Doc. 2017-27751 Filed 1-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               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).



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                                                                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                                               669

                                               document and is on file electronically                  declined to participate and did not                                                                      Estimated
                                               via Enforcement and Compliance’s                        respond to the Department’s                                                                              weighted-
                                               Antidumping and Countervailing Duty                     questionnaire or otherwise participate                                                                    average
                                                                                                                                                                        Exporter/producer                       dumping
                                               Centralized Electronic Service System                   in the investigation.7 For a full                                                                          margin
                                               (ACCESS). ACCESS is available to                        description of the methodology                                                                           (percent)
                                               registered users at https://                            underlying the preliminary
                                               access.trade.gov, and to all parties in the             determination, see the Preliminary                     Tainan Spinning Co., Ltd ............                  0.00
                                               Central Records Unit, Room B8024 of                     Decision Memorandum.                                   Far Eastern Textile Ltd. (AKA
                                               the main Department of Commerce                                                                                  Far Eastern New Century Cor-
                                                                                                       All-Others Rate                                          poration) ..................................        48.86
                                               building. In addition, a complete
                                                                                                                                                              All-Others ....................................       24.43
                                               version of the Preliminary Decision                       In accordance with section
                                               Memorandum can be accessed directly                     733(d)(1)(A)(i) of the Act, the
                                                                                                                                                                 Consistent with section 733(b)(3) of
                                               at http://enforcement.trade.gov/frn/.                   Department determined weighted-
                                                                                                                                                              the Act, the Department disregards de
                                               The signed and the electronic version of                average dumping margins for each of the
                                                                                                                                                              minimis rates and preliminarily
                                               the Preliminary Decision Memorandum                     producers/exporters of the subject
                                                                                                                                                              determines that individually examined
                                               are identical in content.                               merchandise individually investigated.
                                                                                                                                                              respondents with de minimis rates have
                                                                                                       Pursuant to sections 733(d)(1)(A)(ii) and
                                               Scope of the Investigation                                                                                     not made sales of subject merchandise
                                                                                                       735(c)(5)(A) of the Act, the Department
                                                                                                                                                              at LTFV.
                                                 The product covered by this                           shall determine an estimated all-others
                                               investigation is fine denier PSF from                   rate for all exporters and producers not               Suspension of Liquidation
                                               Taiwan. For a complete description of                   individually examined equal to the                        In accordance with section 733(d)(2)
                                               the scope of this investigation, see                    weighted average of the estimated                      of the Act, the Department will direct
                                               Appendix I.                                             weighted-average dumping margins                       U.S. Customs and Border Protection
                                                                                                       established for exporters and producers                (CBP) to suspend liquidation of entries
                                               Scope Comments
                                                                                                       individually investigated, excluding any               of subject merchandise, as described in
                                                 In accordance with the preamble to                    zero and de minimis margins, and any                   Appendix I, entered, or withdrawn from
                                               the Department’s regulations,4 the                      margins determined entirely under                      warehouse, for consumption on or after
                                               Initiation Notice set aside a period of                 section 776 of the Act. Where the rates                the date of publication of this notice in
                                               time for parties to raise issues regarding              for the individually investigated                      the Federal Register. Further, pursuant
                                               product coverage (i.e., scope).5 Certain                companies are all zero or de minimis, or               to section 733(d)(1)(B) of the Act and 19
                                               interested parties commented on the                     determined entirely using facts                        CFR 351.205(d), the Department will
                                               scope of the investigation as it appeared               otherwise available, section 735(c)(5)(B)              instruct CBP to require a cash deposit
                                               in the Initiation Notice. For a summary                 of the Act instructs the Department to                 equal to the estimated weighted-average
                                               of the product coverage comments and                    establish ‘‘any reasonable method to                   dumping margin or the estimated all-
                                               rebuttal responses submitted to the                     establish the estimated all-others rate for            others rate, as follows: (1) The cash
                                               record for this preliminary                             exporters and producers not                            deposit rate for the respondents listed
                                               determination, and accompanying                         individually investigated, including                   above will be equal to the company-
                                               discussion and analysis of all comments                 averaging the estimated weighted                       specific estimated weighted-average
                                               timely received, see the Preliminary                    average dumping margins determined                     dumping margins determined in this
                                               Scope Decision Memorandum.6 The                         for the exporters and producers                        preliminary determination; (2) if the
                                               Department is preliminarily modifying                   individually investigated.’’ The                       exporter is not a respondent identified
                                               the scope language as it appeared in the                Department has preliminarily                           above, but the producer is, then the cash
                                               Initiation Notice. The revised scope is                 determined the estimated weighted-                     deposit rate will be equal to the
                                               provided in Appendix I to this notice.                  average dumping margin for Far Eastern                 company-specific estimated weighted-
                                               Methodology                                             under section 776 of the Act and                       average dumping margin established for
                                                                                                       determined that the estimated weighted-                that producer of the subject
                                                 The Department is conducting this                     average dumping margin for Tainan                      merchandise, except as explained
                                               investigation in accordance with section                Spinning Co., Ltd. (TSCL) is zero.                     below; and (3) the cash deposit rate for
                                               731 of the Act. The Department has                      Pursuant to section 735(c)(5)(B) of the                all other producers and exporters will
                                               calculated export prices in accordance                  Act, we calculated the ‘‘all-others’’ rate             be equal to the all-others estimated
                                               with section 772(a) of the Act. Normal                  as a simple average of the zero percent                weighted-average dumping margin.
                                               value (NV) is calculated in accordance                  dumping margin and the dumping                            Because the estimated weighted-
                                               with section 773 of the Act.                            margin based totally on AFA. For a full                average dumping margin for TSCL is de
                                               Furthermore, pursuant to section 776(a)                 description of the methodology                         minimis, entries of shipments of subject
                                               and (b) of the Act, the Department has                  underlying the Department’s analysis,                  merchandise from TSCL will not be
                                               preliminarily relied upon facts                         see the Preliminary Decision                           subject to suspension of liquidation or
                                               otherwise available, with an adverse                    Memorandum.                                            cash deposit requirements. In such
                                               inference, for Far Eastern Textile, Ltd.
                                                                                                       Preliminary Determination                              situations, the Department applies the
                                               (Far Eastern) also known as Far Eastern
                                                                                                                                                              exclusion to the provisional measures to
                                               New Century Corporation, which                            The Department preliminarily                         the producer/exporter combination that
                                                                                                       determines that the following estimated                was examined in the investigation.
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                                                 4 See Antidumping Duties; Countervailing Duties,
                                                                                                       weighted-average dumping margins                       Accordingly, the Department is
                                               62 FR 27296, 27323 (May 19, 1997).
                                                 5 See Initiation Notice.                              exist:                                                 directing CBP not to suspend
                                                 6 See Memorandum, ‘‘Fine Denier Polyester                                                                    liquidation of entries of subject
                                               Staple Fiber from the Republic of Korea: Scope             7 See Memorandum, ‘‘Antidumping Duty
                                                                                                                                                              merchandise exported and produced by
                                               Comments Decision Memorandum for the                    Investigation of Fine Denier Polyester Staple Fiber
                                               Preliminary Determination’’ (Preliminary Scope          from Taiwan: Far Eastern Textile Ltd.,’’ dated
                                                                                                                                                              TSCL. Entries of shipments of subject
                                               Decision Memorandum), dated concurrently with           August 8, 2017, at Attachment I (Far Eastern           merchandise from TSCL in any other
                                               this preliminary determination.                         Withdrawal).                                           producer/exporter combination, or by


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

                                               third parties that sourced subject                      Commerce, within 30 days after the date                 International Trade Commission
                                               merchandise from the excluded                           of publication of this notice. Requests                 Notification
                                               producer/exporter combination, are                      should contain the party’s name,                           In accordance with section 733(f) of
                                               subject to the provisional measures at                  address, and telephone number, the                      the Act, the Department will notify the
                                               the all others rate.                                    number of participants, whether any                     International Trade Commission (ITC) of
                                                  Should the final estimated weighted-                 participant is a foreign national, and a                its preliminary determination. If the
                                               average dumping margin be zero or de                    list of the issues to be discussed. If a                final determination is affirmative, the
                                               minimis for subject merchandise                         request for a hearing is made, the                      ITC will determine before the later of
                                               exported and produced by TSCL, entries                  Department intends to hold the hearing                  120 days after the date of this
                                               of shipments of subject merchandise                     at the U.S. Department of Commerce,                     preliminary determination or 45 days
                                               from this producer/exporter                                                                                     after the final determination whether
                                                                                                       1401 Constitution Avenue NW,
                                               combination will be excluded from the                                                                           these imports are materially injuring, or
                                                                                                       Washington, DC 20230, at a time and
                                               potential antidumping duty order. Such                                                                          threaten material injury to, the U.S.
                                                                                                       date to be determined. Parties should
                                               exclusions are not applicable to                                                                                industry.
                                               merchandise exported to the United                      confirm by telephone the date, time, and
                                               States by TSCL in any other producer/                   location of the hearing two days before                 Notification to Interested Parties
                                               exporter combinations or by third                       the scheduled date.
                                                                                                                                                                 This determination is issued and
                                               parties that source subject merchandise                 Postponement of Final Determination                     published in accordance with sections
                                               from the excluded producer/exporter                     and Extension of Provisional Measures                   733(f) and 777(i)(1) of the Act and 19
                                               combinations.                                                                                                   CFR 351.205(c).
                                                  These suspension of liquidation                         Section 735(a)(2) of the Act provides
                                                                                                                                                                 Dated: December 18, 2017.
                                               instructions will remain in effect until                that a final determination may be
                                                                                                                                                               Gary Taverman,
                                               further notice.                                         postponed until not later than 135 days
                                                                                                                                                               Deputy Assistant Secretary for Antidumping
                                               Disclosure                                              after the date of the publication of the                and Countervailing Duty Operations
                                                                                                       preliminary determination if, in the                    performing the non-exclusive functions and
                                                  The Department intends to disclose                   event of an affirmative preliminary                     duties of the Assistant Secretary for
                                               its calculations and analysis performed                 determination, a request for such                       Enforcement and Compliance.
                                               to interested parties in this preliminary
                                                                                                       postponement is made by exporters who                   Appendix I
                                               determination within five days of any
                                                                                                       account for a significant proportion of
                                               public announcement or, if there is no                                                                          Scope of the Investigation
                                                                                                       exports of the subject merchandise, or in
                                               public announcement, within five days                                                                              The merchandise covered by this
                                               of the date of publication of this notice               the event of a negative preliminary
                                                                                                       determination, a request for such                       investigation is fı̀ne denier polyester staple
                                               in accordance with 19 CFR 351.224(b).                                                                           fiber (fine denier PSF), not carded, combed,
                                                                                                       postponement is made by the petitioner.                 or pre-opened, measuring less than 3.3
                                               Verification                                            Section 351.210(e)(2) of the                            decitex (3 denier) in diameter. The scope
                                                 As provided in section 782(i) of the                  Department’s regulations requires that a                covers all fine denier PSF, whether coated or
                                               Act, the Department intends to verify                   request by exporters for postponement                   uncoated. The following products are
                                               TSCL’s information relied upon in                       of the final determination be                           excluded from the scope:
                                               making its final determination.                         accompanied by a request for extension                     (1) PSF equal to or greater than 3.3 decitex
                                                                                                                                                               (more than 3 denier, inclusive) currently
                                                                                                       of provisional measures from a four-
                                               Public Comment                                                                                                  classifiable under Harmonized Tariff
                                                                                                       month period to a period not more than                  Schedule of the United States (HTSUS)
                                                  Case briefs or other written comments                six months in duration.                                 subheadings 5503.20.0045 and 5503.20.0065.
                                               may be submitted to the Assistant                                                                                  (2) Low-melt PSF defined as a bi-
                                               Secretary for Enforcement and                              On November 13, 2017, pursuant to
                                                                                                                                                               component polyester fiber having a polyester
                                               Compliance no later than seven days                     19 CFR 351.210(e), TSCL requested that                  fiber component that melts at a lower
                                               after the date on which the last                        the Department postpone the final                       temperature than the other polyester fiber
                                               verification report is issued in this                   determination and that provisional                      component, which is currently classifiable
                                               investigation, unless the Department                    measures be extended to a period not to                 under HTSUS subheading 5503.20.0015.
                                               alters the time limit. Rebuttal briefs,                 exceed six months.9 In accordance with                     Fine denier PSF is classifiable under the
                                                                                                       section 735(a)(2)(A) of the Act and 19                  HTSUS subheading 5503.20.0025. Although
                                               limited to issues raised in case briefs,                                                                        the HTSUS subheadings are provided for
                                               may be submitted no later than five days                CFR 351.210(b)(2)(ii), because: (1) The                 convenience and customs purposes, the
                                               after the deadline date for case briefs.8               preliminary determination is                            written description of the scope of this
                                               Pursuant to 19 CFR 351.309(c)(2) and                    affirmative; (2) the requesting exporter                investigation is dispositive.
                                               (d)(2), parties who submit case briefs or               accounts for a significant proportion of
                                               rebuttal briefs in this investigation are                                                                       Appendix II
                                                                                                       exports of the subject merchandise; and
                                               encouraged to submit with each                          (3) no compelling reasons for denial                    List of Topics Discussed in the Preliminary
                                               argument: (1) A statement of the issue;                 exist, the Department is postponing the                 Decision Memorandum
                                               (2) a brief summary of the argument;                    final determination and extending the                   I. Summary
                                               and (3) a table of authorities.                         provisional measures from a four-month                  II. Background
                                                  Pursuant to 19 CFR 351.310(c),                                                                               III. Period of Investigation
                                                                                                       period to a period not greater than six
                                               interested parties who wish to request a                                                                        IV. Postponement of Preliminary
                                                                                                       months. Accordingly, the Department                           Determination
                                               hearing, limited to issues raised in the
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                                                                                                       will make its final determination no                    V. Postponement of Final Determination and
                                               case and rebuttal briefs, must submit a                 later than 135 days after the date of                         Extension of Provisional Measures
                                               written request to the Assistant                        publication of this preliminary                         VI. Scope of the Investigation
                                               Secretary for Enforcement and                                                                                   VII. Scope and Product Characteristic
                                                                                                       determination.
                                               Compliance, U.S. Department of                                                                                        Comments
                                                                                                                                                               VIII. Discussion of Methodology
                                                  8 See 19 CFR 351.309; see also 19 CFR 351.303          9 See TSCL’s Letter, ‘‘Fine Denier Polyester Staple      A. Application of Adverse Facts Available
                                               (for general filing requirements).                      Fiber (FDPSF),’’ dated November 13, 2017.                  B. Corroboration of Secondary Information



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                                                                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                              671

                                                 C. All-Others Rate                                    Objectives                                             local government communities.
                                                 D. Comparisons to Normal Value                                                                               Reasonable efforts will be made to
                                               IX. Date of Sale                                          1. The NTIS Advisory Board shall
                                                                                                       review and make recommendations to                     ensure members represent the entire
                                               X. U.S. Price                                                                                                  spectrum of Federal data interests
                                               XI. Normal Value                                        improve NTIS programs, operations,
                                                 A. Home Market Viability                              and general policies in support of                     including demographic, economic,
                                                 B. Level of Trade                                     NTIS’s mission to advance Federal data                 trade, health, scientific, patent,
                                                 C. Calculation of Normal Value Based on               priorities, promote economic growth,                   environmental, geospatial, security, and
                                                    Comparison Market Prices                           and enable operational excellence by                   transactional data. No Federal
                                                 D. Calculation of NV Based on CV                      providing innovative data services to                  Government employee shall serve as a
                                                 E. Cost of Production (COP) Analysis                                                                         member of the Board.
                                                 1. Calculation of COP
                                                                                                       Federal agencies through joint venture
                                                                                                                                                                 3. The term of office of each member
                                                 2. Results of COP Test                                partnerships with the private sector.
                                                                                                                                                              of the Board shall be three years, except
                                               XII. Currency Conversion                                  2. The Board shall report to the
                                                                                                                                                              that vacancy appointments shall be for
                                               XIII. Verification                                      Secretary of Commerce and to the Under
                                                                                                                                                              the remainder of the unexpired term of
                                               XIV. Recommendation                                     Secretary of Commerce for Standards
                                                                                                                                                              the vacancy. All appointments shall
                                               [FR Doc. 2017–27751 Filed 1–4–18; 8:45 am]              and Technology through the Director of
                                                                                                                                                              automatically terminate if the charter is
                                                                                                       NTIS.
                                               BILLING CODE 3510–DS–P                                                                                         terminated or not renewed. All members
                                                                                                       Duties                                                 serve at the pleasure of the Secretary.
                                                                                                                                                                 4. Any person who has completed two
                                               DEPARTMENT OF COMMERCE                                    3. The Board shall act in the public
                                                                                                                                                              consecutive full terms of service on the
                                                                                                       interest to:
                                                                                                                                                              Board shall be ineligible for
                                               National Technical Information Service                    a. Provide advice on the optimal data
                                                                                                                                                              appointment for a third term during the
                                               (NTIS)                                                  services business and operating model
                                                                                                                                                              one-year period following the expiration
                                                                                                       to best implement NTIS’s joint venture
                                               National Technical Information Service                                                                         of the second term.
                                                                                                       authority.
                                               Advisory Board                                                                                                    5. Members shall serve as Special
                                                                                                         b. Provide advice on the means,
                                                                                                                                                              Government Employees (SGEs) and will
                                                                                                       including infrastructure and process
                                               AGENCY:  National Technical Information                                                                        be subject to all ethical standards and
                                                                                                       improvements, to make Federal data
                                               Service, Department of Commerce.                                                                               rules applicable to SGEs.
                                                                                                       easier to find, access, use, analyze, and
                                               ACTION:   Request for nominations.                      combine.                                               Miscellaneous
                                                                                                         c. Assess progress in evolving NTIS                    1. Members of the Committee will not
                                               SUMMARY:  NTIS invites nomination of                    programs toward a focus on Federal data                be paid for their services, but will, upon
                                               individuals for appointment to the                      priorities.                                            request, be allowed travel and per diem
                                               National Technical Information Service                    d. Assess the use of merit-based                     expenses in accordance with 5 U.S.C.
                                               Advisory Board (Board or Committee).                    criteria and processes to plan, conduct,               5701 et seq., while attending meetings
                                               NTIS will consider nominations                          and oversee programs and projects,                     of the Committee or of its
                                               received in response to this notice for                 including the selection of joint venture               subcommittees, or while otherwise
                                               appointment to the Committee, in                        partners.                                              performing duties at the request of the
                                               addition to nominations already                           e. Assess policies in connection with                chairperson, while away from their
                                               received.                                               fees and charges for NTIS services in                  homes or a regular place of business.
                                                                                                       order for the agency to operate on a                     2. The Board shall meet at the call of
                                               DATES:  NTIS will accept nominations on                 substantially self-sustaining basis, as
                                               a rolling basis. The initial members of                                                                        the Secretary or the Secretary’s
                                                                                                       required by law.                                       designee, but not less often than once
                                               the Board will be selected from                           f. Assess organizational capabilities
                                               nominations submitted by 5:00 p.m. on                                                                          every six months.
                                                                                                       required to carry out NTIS’s mission,                    3. NTIS may establish such
                                               February 12th, 2018. Any nominations                    including capabilities in data science                 subcommittees of its members as may be
                                               received after that date will be kept on                and for operational management of its                  necessary, subject to the provisions of
                                               file and may be used to fill vacancies on               project portfolio.                                     FACA, the FACA implementing
                                               the Board should they occur.
                                                                                                       Membership                                             regulations, and applicable Department
                                               ADDRESSES:  Please submit nominations                                                                          of Commerce guidance. Subcommittees
                                               to Greg Capella, Deputy Director, NTIS,                   1. The NTIS Advisory Board shall be                  will report to the NTIS Advisory Board
                                               5301 Shawnee Rd, Alexandria VA                          composed of a Chairperson appointed                    and may not provide advice or work
                                               22312, Attention: NTIS Advisory Board                   by the Secretary and four other members                products directly to the Department of
                                               Membership.                                             appointed by the Secretary. In the event               Commerce or NTIS.
                                                                                                       of a vacancy in the Chairperson                          4. Recordkeeping. Records of the
                                               FOR FURTHER INFORMATION CONTACT:     Greg
                                                                                                       position, the NTIS Director may                        NTIS Advisory Board, any formally and
                                               Capella, 5301 Shawnee Rd, Alexandria
                                                                                                       designate a member to serve as acting                  informally established subcommittees or
                                               VA 22312, Subject: NTIS Advisory
                                                                                                       Chairperson until a Chairperson is                     other subgroups of the Board, shall be
                                               Board Membership, telephone 703–605–
                                                                                                       appointed by the Secretary.                            handled in accordance with General
                                               6532; or via email at gcapella@ntis.gov.
                                                                                                         2. Members shall be selected solely on               Records Schedule 6.2 or other approved
                                               SUPPLEMENTARY INFORMATION:                              the basis of established records of                    agency records disposition schedule.
                                               Committee Information                                   distinguished service and objectivity;                 These records shall be available for
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                                                                                                       shall have recognized expertise in data                public inspection and copying, subject
                                                 The Committee was established                         collection, compilation, analysis, use,                to the Freedom of Information Act (5
                                               pursuant to Section 212(c) of the                       and dissemination, as well as data                     U.S.C. 552).
                                               National Technical Information Act of                   science, information technology,
                                               1988 (15 U.S.C. 3704b(c)), in accordance                cybersecurity, and privacy. Members                    Nomination Information
                                               with the Federal Advisory Committee                     will be selected from the business,                      1. NTIS seeks nominations of
                                               Act (FACA), as amended, 5 U.S.C. App.                   academic, non-profit, and state and                    practitioners with recognized expertise


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Document Created: 2018-10-26 09:31:36
Document Modified: 2018-10-26 09:31:36
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.
ContactLilit Astvatsatrian, 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) 482-6412.
FR Citation83 FR 668 

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