Fine Denier Polyester Staple Fiber From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 665-668 [2017-27749]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
(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 polyester fiber having a polyester
fiber component that melts at a lower
temperature than the other polyester fiber
component, which is currently classifiable
under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the
HTSUS subheading 5503.20.0025. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
A. Application of Adverse Facts Available
B. Corroboration of Secondary Information
C. All-Others Rate
D. Comparison to Normal Value
E. Determination of the Comparison
Method
F. Results of the Differential Pricing
Analysis
IX. Date of Sale
X. U.S. Price
XI. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Deemed Export Sales
D. Level of Trade
E. Calculation of NV Based on Comparison
Market Prices
F. Calculation of NV Based on Constructed
Value (CV)
G. Cost of Production (COP) Analysis
XII. Adjustments for Countervailable Export
Subsidies
XIII. Currency Conversion
XIV. Verification
XV. Recommendation
[FR Doc. 2017–27752 Filed 1–4–18; 8:45 am]
daltland on DSKBBV9HB2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
16:30 Jan 04, 2018
Jkt 244001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–060]
Fine Denier Polyester Staple Fiber
From the People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that fine denier polyester
staple fiber (fine denier PSF) from the
People’s Republic of China (PRC) is
being, or is likely to be sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is October 1, 2016, through March
31, 2017.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or John McGowan, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3931 or (202) 482–3019,
respectively.
DATES: Applicable January 5, 2018.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on June 28, 2017.1 On October 24, 2017,
the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now December 18, 2017.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
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-ThanFair Value Investigation of Fine Denier Polyester
Staple Fiber from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
665
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at 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 the
PRC. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated export prices and constructed
export prices in accordance with section
772(a) of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
normal value (NV) was calculated in
accordance with section 773(c) of the
4 See Antidumping Duties; Countervailing Duties:
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Fine Denier Polyester
Staple Fiber from the Republic of Korea: Scope
Comments Decision Memorandum for the
Preliminary Determination’’ (Preliminary Scope
Decision Memorandum), dated December 8, 2017.
E:\FR\FM\05JAN1.SGM
05JAN1
666
Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
calculate producer/exporter
combination rates for the respondents
that are eligible for a separate rate in
this investigation. Policy Bulletin 05.1
describes this practice.9
Act.7 For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,8 the
Department stated that it would
Producer
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Weightedaverage
margin
(percent)
Exporter
Jiangyin Hailun Chemical Fiber Co. Ltd./Jiangyin Xinlun Chemical Fiber Co.,
Jiangyin Yunlun Chemical Fiber Co., Ltd./Jiangyin Bolun Chemical Fiber Co.,
Jiangyin Fenghua Synthetic Fiber Co., Ltd./Jiangyin Huamei Special Fiber Co.,
Jiangyin Huasheng Polymerization Co., Ltd./Jiangyin Huayi Polymerization Co.,
Jiangyin Huaxing Synthetic Co., Ltd./Jiangyin Xingsheng Plastic Co., Ltd 10.
Jiangyin Huahong Chemical Fiber Co., Ltd./Jiangyin Huakai Polyester Co.,
Jiangyin Hongkai Chemical Fiber Co., Ltd 11.
Cash deposit
adjusted for
subsidy offset
(percent)
Ltd./
Ltd./
Ltd./
Ltd./
Jiangyin Hailun
Chemical Fiber Co.
Ltd.
181.46
170.92
Ltd./
Jiangyin Huahong
Chemical Fiber
Co., Ltd.
Hangzhou Best
Chemical Fiber
Co., Ltd.
Cixi Jiangnan Chemical Fiber Co. Ltd.
Jiangsu Xinsu Chemical Fiber Co., Ltd.
Jiangyin Jinyan
Chemical Fiber
Co., Ltd.
Jiangyin Yangxi
International Trade
Co., Ltd.
63.26
52.66
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
122.36
111.79
181.46
170.92
Hangzhou Best Chemical Fiber Co., Ltd ..........................................................................
Cixi Jiangnan Chemical Fiber Co. Ltd ..............................................................................
Jiangsu Xinsu Chemical Fiber Co., Ltd ............................................................................
Jiangyin Jinyan Chemical Fiber Co., Ltd./Jiangsui Xiang He Tai Fiber Technology Co.,
Ltd.
Jiangsu Hengze Composite Materials Technology Co., Ltd./Chuzhou Prosperity
Enviromental Protection Color Fiber Co., Ltd./Jiangsu Xiang He Tai Fiber Technology Co., Ltd./Jiangyin Hengfeng Chemical Fiber Co., Ltd./Jiangyin Shunze
Chemical Fiber Co., Ltd.
Zhejiang Jinfuchun Industrial Co., Ltd ..............................................................................
Nanyang Textile Co., Ltd ..................................................................................................
Ningbo Dafa Chemical Fiber Co. Ltd ................................................................................
Zhaoqing Tifo New Fibre Co., Ltd ....................................................................................
Jiangyin Yueda Chemical Fiber Limited Company/Hangzhou BenMa Chemical and
Spinning Company Ltd./Yizheng Chemical Fiber Limited Liability Company.
Yuyao Dafa Chemical Fiber Co., Ltd ................................................................................
Jiangyin Jindun Chemical Fiber Co., Ltd ..........................................................................
Zhejiang Huashun Technology Co., Ltd ...........................................................................
Suzhou Zhengbang Chemical Fiber Co., Ltd ...................................................................
Zhejiang Jinfuchun
Industrial Co., Ltd.
Nanyang Textile Co.,
Ltd.
Ningbo Dafa Chemical Fiber Co. Ltd.
Zhaoqing Tifo New
Fibre Co., Ltd.
Unifi Textiles
(Suzhou) Co., Ltd.
Yuyao Dafa Chemical Fiber Co., Ltd.
Zhangjiagang City
Hongtuo Chemical
Fiber Co., Ltd.
Zhejiang Linan Foreign Trade Co.,
Ltd.
Suzhou Zhengbang
Chemical Fiber
Co., Ltd.
PRC–Wide Entity .....................................................................................................................................................
daltland on DSKBBV9HB2PROD with NOTICES
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
7 Jiangyin Hailun Chemical Fiber Co., Ltd.
(Hailun), and Jiangyin Huahong Chemical Fiber Co.,
Ltd. (Huahong), are the mandatory respondents in
this investigation.
8 See Initiation Notice, 82 FR at 29028.
9 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s
website at https://enforcement.trade.gov/policy/
bull05-1.pdf.
10 The Department preliminarily determines that
the following companies are a single entity for
dumping purposes: Hailun; Jiangyin Xinlun
Chemical Fiber Co., Ltd.; Jiangyin Yunlun Chemical
Fiber Co., Ltd.; Jiangyin Bolun Chemical Fiber Co.,
Ltd.; Jiangyin Fenghua Synthetic Fiber Co., Ltd.;
Jiangyin Huamei Special Fiber Co., Ltd.; Jiangyin
Huasheng Polymerization Co., Ltd.; Jiangyin Huayi
Polymerization Co., Ltd.; Jiangyin Huaxing
Synthetic Co., Ltd.; Jiangyin Xingsheng Plastic Co.,
Ltd. See Preliminary Decision Memorandum.
11 The Department preliminarily determines that
Huahong, Jiangyin Huakai Polyester Co., Ltd., and
Jiangyin Hongkai Chemical Fiber Co., Ltd., are a
single entity for dumping purposes. See Preliminary
Decision Memorandum.
VerDate Sep<11>2014
16:30 Jan 04, 2018
Jkt 244001
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
E:\FR\FM\05JAN1.SGM
05JAN1
Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), the Department will
instruct CBP to require a cash deposit 12
equal to the weighted-average amount
by which NV exceeds U.S. price,
adjusted where appropriate for export
subsidies,13 as follows: (1) For the
producer/exporter combinations listed
in the above table, the cash deposit rate
for the exporter/producer combinations
listed in the table above will be the rate
the Department determines in this
preliminary determination; (2) for all
combinations of PRC exporters/
producers of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash-deposit rate will be the cash
deposit rate established for the PRCwide entity; and (3) for all non-PRC
exporters of merchandise under
consideration which have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter.
To determine the cash deposit rate,
the Department normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where the Department has made a
preliminary affirmative determination
for domestic subsidy pass-through or
export subsidies, the Department has
offset the calculated estimated
weighted-average dumping margin by
the appropriate rate(s). Rates adjusted
for export subsidies may be found in the
Preliminary Determination section’s
chart of estimated weighted-average
dumping margins above.
As stated previously, we will adjust
cash deposit rates by the amount of
export subsidies, where appropriate. In
the companion CVD investigation,
Hailun was also a mandatory
respondent and received a calculated
export subsidy rate of 10.54 percent,
and, thus, we will offset the calculated
12 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
13 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department does not
calculate the adjustment for export subsidies in
investigations in the margin calculation program,
but in the cash deposit instructions issued to CBP.
See, e.g., Notice of Final Determination of Sales at
Less Than Fair Value, and Negative Determination
of Critical Circumstances: Certain Lined Paper
Products from India, 71 FR 45012 (August 8, 2006),
and accompanying Issues and Decision
Memorandum at Comment 1.
VerDate Sep<11>2014
16:30 Jan 04, 2018
Jkt 244001
rate for Hailun by 10.54 percent.
Huahong was also a mandatory
responding in the companion CVD
investigation and received a calculated
export subsidy rate of 10.60 percent,
and, thus, we will offset the calculated
rate for the Huahong by 10.60 percent.
For the separate rate companies, which
were not mandatory respondents in the
companion CVD investigation, we will
offset the calculated rate for each of the
companies by 10.57 percent, the average
of the export subsidy rates for the two
mandatory respondents in the
companion CVD investigation. Finally,
we are adjusting the cash deposit rate
for the PRC-wide entity by 10.54
percent, the lowest adjustment for any
party in the companion CVD
investigation.14
Pursuant to 777A(f) of the Act, we
also intend to adjust preliminary cash
deposit rates for estimated domestic
subsidy pass-through, where
appropriate. We will make these
adjustments after analysis of responses
to a double-remedy questionnaire,
which we issued to Hailun and
Huahong on December 12, 2017.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation, the
Department will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, the Department intends to verify
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
14 See
PO 00000
Preliminary Decision Memorandum.
Frm 00014
Fmt 4703
Sfmt 4703
667
proceeding, unless the Secretary alters
the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline for case briefs.15 Pursuant
to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request for a hearing to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS no later than 5:00 p.m. Eastern
Time on the established due date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of the
Department’s regulations requires that a
request by exporters for postponement
of the final antidumping determination
be accompanied by a request for
extension of provisional measures from
a four-month period to a period not
more than six months in duration.
15 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\05JAN1.SGM
05JAN1
668
Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
On November 10 and December 12,
2017, the petitioners and the
respondents, respectively, requested
that the Department postpone the final
determination and extend provisional
measures from four months to six
months.16 In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, the Department is postponing the
final determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination.17
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
daltland on DSKBBV9HB2PROD with NOTICES
Scope of the Investigation
The merchandise covered by this
`
investigation is fıne 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
16 See Letter from the petitioners, ‘‘Fine Denier
Polyester Staple Fiber from China, India, Korea and
Taiwan—Petitioners’ Request to Extend the
Antidumping Duty Final Determinations’’, dated
November 10, 2017; Letter from the respondents,
‘‘Fine Denier Polyester Staple Fiber from the
People’s Republic of China—Request for
Postponement of Final Determination,’’ dated
December 12, 2017, and People’s Republic of
China—Petitioners’ Request to Extend Final
Determination,’’ dated September 11, 2017.
17 See also 19 CFR 351.210(e).
VerDate Sep<11>2014
16:30 Jan 04, 2018
Jkt 244001
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 polyester fiber having a polyester
fiber component that melts at a lower
temperature than the other polyester fiber
component, which is currently classifiable
under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the
HTSUS subheading 5503.20.0025. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
Non-Market Economy Country
Surrogate Country and Surrogate Values
1. Economic Comparability
2. Significant Producer of Comparable
Merchandise
3. Data Availability
Separate Rates
1. Absence of De Jure Control
2. Absence of De Facto Control
3. Companies Not Receiving a Separate
Rate
Combination Rates
Collapsing and Affiliation
The PRC-Wide Entity
Application of Facts Available and
Adverse Inferences
1. Use of Facts Available
2. Application of Facts Available with an
Adverse Inference
3. Selection and Corroboration of the AFA
Rate
Date of Sale
Comparisons to Fair Value
1. Export Price
Normal Value
Factor Valuation Methodology
Determination of the Comparison Method
IX. Currency Conversion
X. Adjustment Under Section 777A(f) of the
Act
XI. Adjustments for Countervailable Export
Subsidies
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[FR Doc. 2017–27749 Filed 1–4–18; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
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
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:
AGENCY:
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
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-ThanFair Value Investigation of Fine Denier Polyester
Staple Fiber from Taiwan,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
E:\FR\FM\05JAN1.SGM
05JAN1
]]>Agencies
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 665-668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27749]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-060]
Fine Denier Polyester Staple Fiber From the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that fine denier polyester staple fiber (fine denier PSF)
from the People's Republic of China (PRC) is being, or is likely to be
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2016, through March 31, 2017.
FOR FURTHER INFORMATION CONTACT: Edythe Artman or John McGowan, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-3019,
respectively.
DATES: Applicable January 5, 2018.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on June 28,
2017.\1\ On October 24, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
December 18, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at 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 the People's
Republic of China, India, the Republic of Korea, Taiwan, and the
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 29023 (June 27, 2017) (Initiation Notice).
\2\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China, India, the Republic of Korea, and Taiwan:
Postponement of Preliminary Determinations in Less-Than-Fair-Value
Investigations, 82 FR 49178 (October 24, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair Value Investigation of Fine
Denier Polyester Staple Fiber from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is fine denier PSF from
the PRC. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ The
Department is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties: Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Fine Denier Polyester Staple Fiber from
the Republic of Korea: Scope Comments Decision Memorandum for the
Preliminary Determination'' (Preliminary Scope Decision Memorandum),
dated December 8, 2017.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices and
constructed export prices in accordance with section 772(a) of the Act.
Because the PRC is a non-market economy within the meaning of section
771(18) of the Act, normal value (NV) was calculated in accordance with
section 773(c) of the
[[Page 666]]
Act.\7\ For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ Jiangyin Hailun Chemical Fiber Co., Ltd. (Hailun), and
Jiangyin Huahong Chemical Fiber Co., Ltd. (Huahong), are the
mandatory respondents in this investigation.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\8\ the Department stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
---------------------------------------------------------------------------
\8\ See Initiation Notice, 82 FR at 29028.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Weighted- Cash deposit
average adjusted for
Producer Exporter margin subsidy offset
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Jiangyin Hailun Chemical Fiber Co. Ltd./Jiangyin Jiangyin Hailun Chemical 181.46 170.92
Xinlun Chemical Fiber Co., Ltd./Jiangyin Yunlun Fiber Co. Ltd.
Chemical Fiber Co., Ltd./Jiangyin Bolun Chemical
Fiber Co., Ltd./Jiangyin Fenghua Synthetic Fiber
Co., Ltd./Jiangyin Huamei Special Fiber Co., Ltd./
Jiangyin Huasheng Polymerization Co., Ltd./Jiangyin
Huayi Polymerization Co., Ltd./Jiangyin Huaxing
Synthetic Co., Ltd./Jiangyin Xingsheng Plastic Co.,
Ltd \10\.
Jiangyin Huahong Chemical Fiber Co., Ltd./Jiangyin Jiangyin Huahong Chemical 63.26 52.66
Huakai Polyester Co., Ltd./Jiangyin Hongkai Fiber Co., Ltd.
Chemical Fiber Co., Ltd \11\.
Hangzhou Best Chemical Fiber Co., Ltd............... Hangzhou Best Chemical 122.36 111.79
Fiber Co., Ltd.
Cixi Jiangnan Chemical Fiber Co. Ltd................ Cixi Jiangnan Chemical 122.36 111.79
Fiber Co. Ltd.
Jiangsu Xinsu Chemical Fiber Co., Ltd............... Jiangsu Xinsu Chemical 122.36 111.79
Fiber Co., Ltd.
Jiangyin Jinyan Chemical Fiber Co., Ltd./Jiangsui Jiangyin Jinyan Chemical 122.36 111.79
Xiang He Tai Fiber Technology Co., Ltd. Fiber Co., Ltd.
Jiangsu Hengze Composite Materials Technology Co., Jiangyin Yangxi 122.36 111.79
Ltd./Chuzhou Prosperity Enviromental Protection International Trade Co.,
Color Fiber Co., Ltd./Jiangsu Xiang He Tai Fiber Ltd.
Technology Co., Ltd./Jiangyin Hengfeng Chemical
Fiber Co., Ltd./Jiangyin Shunze Chemical Fiber Co.,
Ltd.
Zhejiang Jinfuchun Industrial Co., Ltd.............. Zhejiang Jinfuchun 122.36 111.79
Industrial Co., Ltd.
Nanyang Textile Co., Ltd............................ Nanyang Textile Co., Ltd.. 122.36 111.79
Ningbo Dafa Chemical Fiber Co. Ltd.................. Ningbo Dafa Chemical Fiber 122.36 111.79
Co. Ltd.
Zhaoqing Tifo New Fibre Co., Ltd.................... Zhaoqing Tifo New Fibre 122.36 111.79
Co., Ltd.
Jiangyin Yueda Chemical Fiber Limited Company/ Unifi Textiles (Suzhou) 122.36 111.79
Hangzhou BenMa Chemical and Spinning Company Ltd./ Co., Ltd.
Yizheng Chemical Fiber Limited Liability Company.
Yuyao Dafa Chemical Fiber Co., Ltd.................. Yuyao Dafa Chemical Fiber 122.36 111.79
Co., Ltd.
Jiangyin Jindun Chemical Fiber Co., Ltd............. Zhangjiagang City Hongtuo 122.36 111.79
Chemical Fiber Co., Ltd.
Zhejiang Huashun Technology Co., Ltd................ Zhejiang Linan Foreign 122.36 111.79
Trade Co., Ltd.
Suzhou Zhengbang Chemical Fiber Co., Ltd............ Suzhou Zhengbang Chemical 122.36 111.79
Fiber Co., Ltd.
----------------------------------------------------------------------------------------------------------------
PRC-Wide Entity................................................................. 181.46 170.92
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\10\ The Department preliminarily determines that the following
companies are a single entity for dumping purposes: Hailun; Jiangyin
Xinlun Chemical Fiber Co., Ltd.; Jiangyin Yunlun Chemical Fiber Co.,
Ltd.; Jiangyin Bolun Chemical Fiber Co., Ltd.; Jiangyin Fenghua
Synthetic Fiber Co., Ltd.; Jiangyin Huamei Special Fiber Co., Ltd.;
Jiangyin Huasheng Polymerization Co., Ltd.; Jiangyin Huayi
Polymerization Co., Ltd.; Jiangyin Huaxing Synthetic Co., Ltd.;
Jiangyin Xingsheng Plastic Co., Ltd. See Preliminary Decision
Memorandum.
\11\ The Department preliminarily determines that Huahong,
Jiangyin Huakai Polyester Co., Ltd., and Jiangyin Hongkai Chemical
Fiber Co., Ltd., are a single entity for dumping purposes. See
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise, as described in Appendix
I, entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in
[[Page 667]]
the Federal Register. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the Department will instruct CBP to require
a cash deposit \12\ equal to the weighted-average amount by which NV
exceeds U.S. price, adjusted where appropriate for export
subsidies,\13\ as follows: (1) For the producer/exporter combinations
listed in the above table, the cash deposit rate for the exporter/
producer combinations listed in the table above will be the rate the
Department determines in this preliminary determination; (2) for all
combinations of PRC exporters/producers of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash-deposit rate will be the cash deposit rate
established for the PRC-wide entity; and (3) for all non-PRC exporters
of merchandise under consideration which have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate applicable to the PRC exporter/producer combination that supplied
that non-PRC exporter.
---------------------------------------------------------------------------
\12\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\13\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department does not calculate the
adjustment for export subsidies in investigations in the margin
calculation program, but in the cash deposit instructions issued to
CBP. See, e.g., Notice of Final Determination of Sales at Less Than
Fair Value, and Negative Determination of Critical Circumstances:
Certain Lined Paper Products from India, 71 FR 45012 (August 8,
2006), and accompanying Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------
To determine the cash deposit rate, the Department normally adjusts
the estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where the Department has made a preliminary affirmative determination
for domestic subsidy pass-through or export subsidies, the Department
has offset the calculated estimated weighted-average dumping margin by
the appropriate rate(s). Rates adjusted for export subsidies may be
found in the Preliminary Determination section's chart of estimated
weighted-average dumping margins above.
As stated previously, we will adjust cash deposit rates by the
amount of export subsidies, where appropriate. In the companion CVD
investigation, Hailun was also a mandatory respondent and received a
calculated export subsidy rate of 10.54 percent, and, thus, we will
offset the calculated rate for Hailun by 10.54 percent. Huahong was
also a mandatory responding in the companion CVD investigation and
received a calculated export subsidy rate of 10.60 percent, and, thus,
we will offset the calculated rate for the Huahong by 10.60 percent.
For the separate rate companies, which were not mandatory respondents
in the companion CVD investigation, we will offset the calculated rate
for each of the companies by 10.57 percent, the average of the export
subsidy rates for the two mandatory respondents in the companion CVD
investigation. Finally, we are adjusting the cash deposit rate for the
PRC-wide entity by 10.54 percent, the lowest adjustment for any party
in the companion CVD investigation.\14\
---------------------------------------------------------------------------
\14\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to 777A(f) of the Act, we also intend to adjust
preliminary cash deposit rates for estimated domestic subsidy pass-
through, where appropriate. We will make these adjustments after
analysis of responses to a double-remedy questionnaire, which we issued
to Hailun and Huahong on December 12, 2017.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, the Department will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for
export subsidies at the time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, the Department intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding, unless the Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline for case briefs.\15\ Pursuant
to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request for a hearing to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
within 30 days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, whether any participant is a foreign national,
and a list of the issues to be discussed. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a
time and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS no later than 5:00 p.m. Eastern Time on the
established due date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of the Department's regulations
requires that a request by exporters for postponement of the final
antidumping determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
[[Page 668]]
On November 10 and December 12, 2017, the petitioners and the
respondents, respectively, requested that the Department postpone the
final determination and extend provisional measures from four months to
six months.\16\ In accordance with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, the Department is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, we will
make our final determination no later than 135 days after the date of
publication of this preliminary determination.\17\
---------------------------------------------------------------------------
\16\ See Letter from the petitioners, ``Fine Denier Polyester
Staple Fiber from China, India, Korea and Taiwan--Petitioners'
Request to Extend the Antidumping Duty Final Determinations'', dated
November 10, 2017; Letter from the respondents, ``Fine Denier
Polyester Staple Fiber from the People's Republic of China--Request
for Postponement of Final Determination,'' dated December 12, 2017,
and People's Republic of China--Petitioners' Request to Extend Final
Determination,'' dated September 11, 2017.
\17\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 18, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is f[igrave]ne
denier polyester staple fiber (fine denier PSF), not carded, combed,
or pre-opened, measuring less than 3.3 decitex (3 denier) in
diameter. The scope covers all fine denier PSF, whether coated or
uncoated. The following products are excluded from the scope:
(1) PSF equal to or greater than 3.3 decitex (more than 3
denier, inclusive) currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 5503.20.0045 and
5503.20.0065.
(2) Low-melt PSF defined as a bi-component polyester fiber
having a polyester fiber component that melts at a lower temperature
than the other polyester fiber component, which is currently
classifiable under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the HTSUS subheading
5503.20.0025. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
Non-Market Economy Country
Surrogate Country and Surrogate Values
1. Economic Comparability
2. Significant Producer of Comparable Merchandise
3. Data Availability
Separate Rates
1. Absence of De Jure Control
2. Absence of De Facto Control
3. Companies Not Receiving a Separate Rate
Combination Rates
Collapsing and Affiliation
The PRC-Wide Entity
Application of Facts Available and Adverse Inferences
1. Use of Facts Available
2. Application of Facts Available with an Adverse Inference
3. Selection and Corroboration of the AFA Rate
Date of Sale
Comparisons to Fair Value
1. Export Price
Normal Value
Factor Valuation Methodology
Determination of the Comparison Method
IX. Currency Conversion
X. Adjustment Under Section 777A(f) of the Act
XI. Adjustments for Countervailable Export Subsidies
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[FR Doc. 2017-27749 Filed 1-4-18; 8:45 am]
BILLING CODE 3510-DS-P
