Fine Denier Polyester Staple Fiber From India: Preliminary Affirmative Countervailing Duty Determination, 51387-51389 [2017-24078]
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Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices
Consistent with an announced
refinement to its assessment practice in
non-market economy cases, the
Department is not rescinding this
review but intends to complete the
review with respect to CS Wind Group
for which it has preliminarily found no
shipments and issue appropriate
instructions to CBP based on the final
results of the review.8
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.9 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. For entries
of subject merchandise during the POR
produced but not exported or exported
but not produced by CS Wind Group,
we will instruct CBP to liquidate
unreviewed entries at the Vietnam-wide
rate if there was no rate for the
intermediate company or companies
involved in the transaction.10 For
entries of subject merchandise during
the POR produced and exported by CS
Wind Group, these entries continue to
be excluded from the order and will
remain enjoined pursuant to the terms
of the injunction during the pendency of
any appeals process.11
Additionally, for the companies for
which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(l)(i).
The Department intends to issue
appropriate assessment instructions to
CBP 15 days after publication of this
notice.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.12 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
Pmangrum on DSK3GDR082PROD with NOTICES
8 See
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
9 See 19 CFR 351.212(b)(1).
10 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
11 See Utility Scale Wind Towers from the
Socialist Republic of Vietnam: Notice of Court
Decision Not in Harmony with the Final
Determination of Less Than Fair Value
Investigation and Notice of Amended Final
Determination of Investigation, 82 FR 15493 (March
29, 2017) (Timken Notice).
12 See 19 CFR 351.309(c)(ii).
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14:48 Nov 03, 2017
Jkt 244001
five days after the date for filing case
briefs.13 Parties who submit case briefs
or rebuttal briefs in this proceeding 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.14 Case and
rebuttal briefs should be filed using
ACCESS.15 In order to be properly filed,
ACCESS must successfully receive an
electronically-filed document in its
entirety by 5 p.m. Eastern Time on the
date on which it is due.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS, within 30
days after the date of publication of this
notice.16 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
13 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.303.
16 See 19 CFR 351.310(c).
14 See
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51387
Dated: October 31, 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.
[FR Doc. 2017–24080 Filed 11–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–876]
Fine Denier Polyester Staple Fiber
From India: Preliminary Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of fine denier
polyester staple fiber (fine denier PSF)
from India. The period of investigation
is January 1, 2016, through December
31, 2016.
DATES: Applicable November 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Trisha Tran or Eli Lovely, 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) 482–4852 or (202) 482–1593,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on June 27, 2017.1 On August 8, 2017,
the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now October 30, 2017.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
1 See Fine Denier Polyester Staple Fiber from
India and the People’s Republic of China: Initiation
of Countervailing Duty Investigations, 82 FR 29028
(June 27,2017) (Initiation Notice).
2 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China and India:
Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 82 FR 37048
(August 8, 2017).
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51388
Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices
Memorandum.3 A list of topics
discussed 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 is available 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 https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is fine denier PSF from
India. For a complete description of the
scope of this investigation, see
Appendix I.
Pmangrum on DSK3GDR082PROD with NOTICES
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, as well as
additional language proposed by the
Department.6 The Department intends
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Fine Denier
Polyester Staple Fiber from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 Letter from from David C. Poole Company Inc.,
‘‘Fine Denier Polyester Staple Fiber from the
People’s Republic of China, India, the Republic of
Korea, Taiwan, and Vietnam; Scope Comments,’’
dated July 10, 2017; Letter from Suominen
Corporation, ‘‘Fine Denier Polyester Staple Fiber
from the People’s Republic of China, India, the
Republic of Korea, Taiwan, and the Socialist
Republic of Vietnam,’’ dated July 10, 2017; Letter
from Consolidated Fibers, Inc., ‘‘Fine Denier
Polyester Staple Fiber from the People’s Republic
of China, India, the Republic of Korea, Taiwan, and
the Socialist Republic of Vietnam—Scope
Comments,’’ dated July 10, 2017; Letter from
Reliance, ‘‘Fine Denier Polyester Staple Fiber from
the People’s Republic of China, India, the Republic
of Korea, Taiwan, and the Socialist Republic of
Vietnam: Reliance Industries, Ltd.’s Comments
Regarding the Scope of the Investigation,’’ dated
July 10, 2017; Letter from the petitioners, ‘‘Fine
Denier Polyester Staple Fiber from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and the Socialist Republic of Vietnam—
Petitioners’ Scope Comments,’’ dated July 12, 2017;
Letter from the petitioners, ‘‘Fine Denier Polyester
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14:48 Nov 03, 2017
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to issue its preliminary decision
regarding comments concerning the
scope of the antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigation.
values for the merchandise under
consideration.9
Preliminary Determination
The Department preliminarily
determines that the following estimated
countervailable subsidy rates exist:
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7
The Department notes that, in making
these findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to the
Department’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Company
Bombay Dyeing & Manufacturing Company Limited ....
Reliance Industries Limited ..
All-Others ..............................
Subsidy
rate
(percent)
7.18
9.86
9.37
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (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 the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), the Department will instruct
CBP to require a cash deposit equal to
the rates indicated above.
All-Others Rate
Disclosure
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, the Department
calculated individual estimated
countervailable subsidy rates for
Bombay Dyeing & Manufacturing
Company Limited (Bombay Dyeing) and
Reliance Limited Industries (Reliance)
that are not zero, de minimis, or based
entirely on facts otherwise available.
The Department calculated the allothers’ rate using a weighted average of
the individual estimated subsidy rates
calculated for the examined respondents
using each company’s publicly-ranged
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Staple Fiber from the People’s Republic of China,
India, the Republic of Korea, Taiwan, and the
Socialist Republic of Vietnam—Petitioners’ Rebuttal
Scope Comments to the Importers’ Scope Exclusion
Requests,’’ dated July 12, 2017.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
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Sfmt 4703
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
9 With two respondents under examination, the
Department normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. The Department
then compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, the Department based the
all-others rate on the publicly ranged sales data of
the mandatory respondents. For a complete analysis
of the data, please see the All-Others’ Rate
Calculation Memorandum.
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Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
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.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its 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.
Dated: October 30, 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 fine denier polyester staple
fiber (fine denier PSF), not carded or combed,
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
bicomponent fiber with a polyester core and
anouter, polyester sheath that melts at a
significantly lower temperature than its inner
polyester core currently classified 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 the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[FR Doc. 2017–24078 Filed 11–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Pmangrum on DSK3GDR082PROD with NOTICES
Notification to Interested Parties
[A–570–601]
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Final Results of the Expedited Fourth
Sunset Review of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
10 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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14:48 Nov 03, 2017
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51389
As a result of this sunset
review, the Department of Commerce
(the Department) finds that revocation
of the antidumping duty (AD) order on
tapered roller bearings and parts thereof,
finished and unfinished (TRBs) from the
People’s Republic of China (PRC) would
be likely to lead to continuation or
recurrence of dumping. The magnitude
of the dumping margin likely to prevail
is indicated in the ‘‘Final Results of
Sunset Review’’ section of this notice.
SUMMARY:
DATES:
Applicable November 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon; Office II, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6274.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 1987, the Department
published the AD order on TRBs from
the PRC.1 On July 3, 2017, the
Department initiated the fourth sunset
review of the AD order on TRBs from
the PRC pursuant to section 751(c) of
the Tariff Act of 1930, as amended
(Act).2 On July 10, 2017, the Department
received a timely notice of intent to
participate in the sunset review from the
Timken Company (Timken), a domestic
producer and the petitioner in the TRBs
less-than-fair-value investigation, within
the 15-day period specified in 19 CFR
351.218(d)(1)(i).3 On August 2, 2017,
Timken filed a timely substantive
response with the Department pursuant
to 19 CFR 351.218(d)(3)(i).4 The
Department did not receive a
substantive response from any
respondent interested party. As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
1 See Antidumping Duty Order; Tapered Roller
Bearings and Parts Thereof, Finished or Unfinished,
from the People’s Republic of China, 52 FR 22667
(June 15, 1987), as amended by Tapered Roller
Bearings from the People’s Republic of China;
Amendment to Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order in
Accordance With Decision Upon Remand, 55 FR
6669 (February 26, 1990) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 82
FR 80844 (July 3, 2017).
3 See Timken’s Letter, ‘‘Fourth Sunset Review of
the Antidumping Order on Tapered Roller Bearings
from China (A–570–601): Notice of Intent to
Participate of the Timken Company,’’ dated July 10,
2017.
4 See Timken’s Letter, ‘‘Sunset Review (4th
Review) pursuant to Section 751(c) of the Tariff Act
of 1930 of the antidumping duty order on Tapered
Roller Bearings from China (Case No. A–570–601)
Substantive Response to the Notice of Initiation,’’
dated August 2, 2017.
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]]>Agencies
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51387-51389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24078]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Preliminary
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of fine denier polyester staple fiber (fine
denier PSF) from India. The period of investigation is January 1, 2016,
through December 31, 2016.
DATES: Applicable November 6, 2017.
FOR FURTHER INFORMATION CONTACT: Trisha Tran or Eli Lovely, 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) 482-4852 or (202) 482-1593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on June 27,
2017.\1\ On August 8, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
October 30, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision
[[Page 51388]]
Memorandum.\3\ A list of topics discussed 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 is available 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 https://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 India and the
People's Republic of China: Initiation of Countervailing Duty
Investigations, 82 FR 29028 (June 27,2017) (Initiation Notice).
\2\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China and India: Postponement of Preliminary
Determinations in the Countervailing Duty Investigations, 82 FR
37048 (August 8, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Fine
Denier Polyester Staple Fiber from India,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is fine denier PSF from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice, as well as additional language proposed by the
Department.\6\ The Department intends to issue its preliminary decision
regarding comments concerning the scope of the antidumping duty (AD)
and countervailing duty (CVD) investigations in the preliminary
determination of the companion AD investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ Letter from from David C. Poole Company Inc., ``Fine Denier
Polyester Staple Fiber from the People's Republic of China, India,
the Republic of Korea, Taiwan, and Vietnam; Scope Comments,'' dated
July 10, 2017; Letter from Suominen Corporation, ``Fine Denier
Polyester Staple Fiber from the People's Republic of China, India,
the Republic of Korea, Taiwan, and the Socialist Republic of
Vietnam,'' dated July 10, 2017; Letter from Consolidated Fibers,
Inc., ``Fine Denier Polyester Staple Fiber from the People's
Republic of China, India, the Republic of Korea, Taiwan, and the
Socialist Republic of Vietnam--Scope Comments,'' dated July 10,
2017; Letter from Reliance, ``Fine Denier Polyester Staple Fiber
from the People's Republic of China, India, the Republic of Korea,
Taiwan, and the Socialist Republic of Vietnam: Reliance Industries,
Ltd.'s Comments Regarding the Scope of the Investigation,'' dated
July 10, 2017; Letter from the petitioners, ``Fine Denier Polyester
Staple Fiber from the People's Republic of China, India, the
Republic of Korea, Taiwan, and the Socialist Republic of Vietnam--
Petitioners' Scope Comments,'' dated July 12, 2017; Letter from the
petitioners, ``Fine Denier Polyester Staple Fiber from the People's
Republic of China, India, the Republic of Korea, Taiwan, and the
Socialist Republic of Vietnam--Petitioners' Rebuttal Scope Comments
to the Importers' Scope Exclusion Requests,'' dated July 12, 2017.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Department notes that, in making these findings, it relied, in
part, on facts available and, because it finds that one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, it drew an adverse inference
where appropriate in selecting from among the facts otherwise
available.\8\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
In this investigation, the Department calculated individual
estimated countervailable subsidy rates for Bombay Dyeing &
Manufacturing Company Limited (Bombay Dyeing) and Reliance Limited
Industries (Reliance) that are not zero, de minimis, or based entirely
on facts otherwise available. The Department calculated the all-others'
rate using a weighted average of the individual estimated subsidy rates
calculated for the examined respondents using each company's publicly-
ranged values for the merchandise under consideration.\9\
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\9\ With two respondents under examination, the Department
normally calculates (A) a weighted-average of the estimated subsidy
rates calculated for the examined respondents; (B) a simple average
of the estimated subsidy rates calculated for the examined
respondents; and (C) a weighted-average of the estimated subsidy
rates calculated for the examined respondents using each company's
publicly-ranged U.S. sale quantities for the merchandise under
consideration. The Department then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball Bearings and Parts
Thereof from France, Germany, Italy, Japan, and the United Kingdom:
Final Results of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete
publicly ranged sales data was available, the Department based the
all-others rate on the publicly ranged sales data of the mandatory
respondents. For a complete analysis of the data, please see the
All-Others' Rate Calculation Memorandum.
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Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Bombay Dyeing & Manufacturing Company Limited........... 7.18
Reliance Industries Limited............................. 9.86
All-Others.............................................. 9.37
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (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
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
rates indicated above.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
[[Page 51389]]
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its 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.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: October 30, 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 fine denier
polyester staple fiber (fine denier PSF), not carded or combed,
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 bicomponent fiber with a polyester
core and anouter, polyester sheath that melts at a significantly
lower temperature than its inner polyester core currently classified
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 the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[FR Doc. 2017-24078 Filed 11-3-17; 8:45 am]
BILLING CODE 3510-DS-P
