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, 668-671 [2017-27751]

Download as PDF 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 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 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 https://enforcement.trade.gov/frn/. The signed and the electronic version of the Preliminary Decision Memorandum are identical in content. 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. Methodology daltland on DSKBBV9HB2PROD with NOTICES 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 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. VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 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. All-Others Rate In accordance with section 733(d)(1)(A)(i) of the Act, the Department determined weightedaverage 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 weightedaverage dumping margin for Far Eastern under section 776 of the Act and determined that the estimated weightedaverage 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: 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). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Exporter/producer Tainan Spinning Co., Ltd ............ Far Eastern Textile Ltd. (AKA Far Eastern New Century Corporation) .................................. All-Others .................................... 669 Estimated weightedaverage dumping margin (percent) 0.00 48.86 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 allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific 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 weightedaverage 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 weightedaverage 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 E:\FR\FM\05JAN1.SGM 05JAN1 670 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 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 weightedaverage 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. daltland on DSKBBV9HB2PROD with 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, 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. 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 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 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 fourmonth 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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 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 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 and Product Characteristic Comments VIII. Discussion of Methodology A. Application of Adverse Facts Available B. Corroboration of Secondary Information E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 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 Objectives 1. The NTIS Advisory Board shall review and make recommendations to improve NTIS programs, operations, and general policies in support of NTIS’s mission to advance Federal data priorities, promote economic growth, and enable operational excellence by providing innovative data services to Federal agencies through joint venture partnerships with the private sector. 2. The Board shall report to the Secretary of Commerce and to the Under Secretary of Commerce for Standards and Technology through the Director of NTIS. Duties DEPARTMENT OF COMMERCE National Technical Information Service (NTIS) National Technical Information Service Advisory Board National Technical Information Service, Department of Commerce. AGENCY: ACTION: Request for nominations. NTIS invites nomination of individuals for appointment to the National Technical Information Service Advisory Board (Board or Committee). NTIS will consider nominations received in response to this notice for appointment to the Committee, in addition to nominations already received. SUMMARY: NTIS will accept nominations on a rolling basis. The initial members of the Board will be selected from nominations submitted by 5:00 p.m. on February 12th, 2018. Any nominations received after that date will be kept on file and may be used to fill vacancies on the Board should they occur. DATES: Please submit nominations to Greg Capella, Deputy Director, NTIS, 5301 Shawnee Rd, Alexandria VA 22312, Attention: NTIS Advisory Board Membership. ADDRESSES: Greg Capella, 5301 Shawnee Rd, Alexandria VA 22312, Subject: NTIS Advisory Board Membership, telephone 703–605– 6532; or via email at gcapella@ntis.gov. FOR FURTHER INFORMATION CONTACT: daltland on DSKBBV9HB2PROD with NOTICES SUPPLEMENTARY INFORMATION: Committee Information The Committee was established pursuant to Section 212(c) of the National Technical Information Act of 1988 (15 U.S.C. 3704b(c)), in accordance with the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 3. The Board shall act in the public interest to: a. Provide advice on the optimal data services business and operating model to best implement NTIS’s joint venture authority. b. Provide advice on the means, including infrastructure and process improvements, to make Federal data easier to find, access, use, analyze, and combine. c. Assess progress in evolving NTIS programs toward a focus on Federal data priorities. d. Assess the use of merit-based criteria and processes to plan, conduct, and oversee programs and projects, including the selection of joint venture partners. e. Assess policies in connection with fees and charges for NTIS services in order for the agency to operate on a substantially self-sustaining basis, as required by law. f. Assess organizational capabilities required to carry out NTIS’s mission, including capabilities in data science and for operational management of its project portfolio. Membership 1. The NTIS Advisory Board shall be composed of a Chairperson appointed by the Secretary and four other members appointed by the Secretary. In the event of a vacancy in the Chairperson position, the NTIS Director may designate a member to serve as acting Chairperson until a Chairperson is appointed by the Secretary. 2. Members shall be selected solely on the basis of established records of distinguished service and objectivity; shall have recognized expertise in data collection, compilation, analysis, use, and dissemination, as well as data science, information technology, cybersecurity, and privacy. Members will be selected from the business, academic, non-profit, and state and PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 671 local government communities. Reasonable efforts will be made to ensure members represent the entire spectrum of Federal data interests including demographic, economic, trade, health, scientific, patent, environmental, geospatial, security, and transactional data. No Federal Government employee shall serve as a member of the Board. 3. The term of office of each member of the Board shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy. All appointments shall automatically terminate if the charter is terminated or not renewed. All members serve at the pleasure of the Secretary. 4. Any person who has completed two consecutive full terms of service on the Board shall be ineligible for appointment for a third term during the one-year period following the expiration of the second term. 5. Members shall serve as Special Government Employees (SGEs) and will be subject to all ethical standards and rules applicable to SGEs. Miscellaneous 1. Members of the Committee will not be paid for their services, but will, upon request, be allowed travel and per diem expenses in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or of its subcommittees, or while otherwise performing duties at the request of the chairperson, while away from their homes or a regular place of business. 2. The Board shall meet at the call of the Secretary or the Secretary’s designee, but not less often than once every six months. 3. NTIS may establish such subcommittees of its members as may be necessary, subject to the provisions of FACA, the FACA implementing regulations, and applicable Department of Commerce guidance. Subcommittees will report to the NTIS Advisory Board and may not provide advice or work products directly to the Department of Commerce or NTIS. 4. Recordkeeping. Records of the NTIS Advisory Board, any formally and informally established subcommittees or other subgroups of the Board, shall be handled in accordance with General Records Schedule 6.2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act (5 U.S.C. 552). Nomination Information 1. NTIS seeks nominations of practitioners with recognized expertise E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 668-671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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
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