Fine Denier Polyester Staple Fiber From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 662-665 [2017-27752]
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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
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.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 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.
daltland on DSKBBV9HB2PROD with NOTICES
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.
On November 13, 2017, pursuant to
19 CFR 351.210(e), TCK 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
8 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
9 See Petitioner’s Letter, ‘‘Fine Denier Polyester
Staple Fiber from India, the People’s Republic of
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Jkt 244001
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.10
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
China, the Republic of Korea, and Taiwan—
Petitioners’ Request to Postpone the Antidumping
Duty Preliminary Determinations,’’ dated October
13, 2017.
10 See also 19 CFR 351.210(e).
Frm 00009
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
Application of Adverse Facts Available
(AFA)
Corroboration of Secondary Information
All-Others Rate
Comparisons to Normal Value
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
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 Analysis
1. Calculation of COP
2. Results of COP Test
XII. Currency Conversion
XIII. Verification
XIV. Recommendation
[FR Doc. 2017–28257 Filed 1–4–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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.
PO 00000
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.
Fmt 4703
Sfmt 4703
International Trade Administration
[A–533–875]
Fine Denier Polyester Staple Fiber
From India: 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 India
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.
AGENCY:
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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor or Magd Zalok, 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) 482–0989 or (202) 482–4162,
respectively.
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is fine denier PSF from
India. For a complete description of the
scope of this investigation, see
Appendix I.
SUPPLEMENTARY INFORMATION:
Scope Comments
Background
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.
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 27, 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 accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic version of
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 adverse
inferences (AFA), for Bombay Dyeing &
Manufacturing Company Limited
(Bombay Dyeing), which failed to
cooperate by not acting to the best of its
ability in its responses to the
Department’s requests for information.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. Section 735(c)(5)(A) states
that in calculating this rate, it shall be
an amount equal to the weighted
average of the estimated weightedaverage 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.
In this investigation, the Department
preliminarily assigned a rate based
entirely on selecting facts otherwise
available with an adverse inference to
Bombay Dyeing. Therefore, the only rate
that is not zero, de minimis or based
entirely on facts otherwise available
with an adverse inference is the rate
calculated for Reliance Industries
Limited (RIL). Consequently, the rate
calculated for RIL is also assigned as the
rate for all-other producers and
exporters.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
2.66
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In accordance with section 733(d)(2)
of the Act, the Department will direct
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
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16:30 Jan 04, 2018
Jkt 244001
U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries
of subject merchandise, as described in
Determinations in Less-Than-Fair-Value
Investigations, 82 FR 49178 (October 24, 2017).
3 See Memorandum entitled ‘‘Decision
Memorandum for the Preliminary Determination in
the Less-Than-Fair Value Investigation of Fine
Denier Polyester Staple Fiber from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
7 0.66
8 21.43
Reliance Industries Limited .........................................................................................................................
Bombay Dyeing & Manufacturing Company Limited ..................................................................................
All-Others .....................................................................................................................................................
Suspension of Liquidation
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
15.66
0.00
2.66
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
5 See
Initiation Notice.
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.
7 See Calculation Memorandum, dated
concurrently with this notice.
8 This rate is based on AFA.
6 See
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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
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the date of publication of this notice in
the Federal Register.
The Department normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where the
Department preliminarily made an
affirmative determination of
countervailable export subsidies, the
Department has offset the estimated
weighted-average dumping margin by
the appropriate CVD export subsidy
rate. Any such adjusted cash deposit
rate may be found in the Preliminary
Determination Section above.
Should the 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 estimating antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire.
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, adjusted
for export subsidies, as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
company-specific estimated weightedaverage dumping margins determined in
this preliminary determination, adjusted
for export subsidies; (2) if the exporter
is not a respondent identified above, but
the producer is, then the cash deposit
rate will be equal to the companyspecific estimated weighted-average
dumping margin established for that
producer of the subject merchandise,
adjusted for export subsidies; and (3)
the cash deposit rate for all other
producers and exporters will be equal to
the all-others estimated weightedaverage dumping margin, adjusted for
export subsidies. 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)(1) of the
Act, the Department intends to verify
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Jkt 244001
RIL’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 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 date for case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
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
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On November 15, 2017, pursuant to
19 CFR 351.210(e), RIL requested that
the Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.10 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.
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:
10 See Letter from RIL, ‘‘Fine Denier Polyester
Staple Fiber from India: Reliance Industries, Ltd.’s
Request to Extend the Antidumping Duty Final
Determination,’’ dated November 15, 2017.
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05JAN1
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]
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BILLING CODE 3510–DS–P
VerDate Sep<11>2014
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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
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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.
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]]>Agencies
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 662-665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27752]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-875]
Fine Denier Polyester Staple Fiber From India: 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 India 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.
[[Page 663]]
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Magd Zalok, 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) 482-0989 or (202) 482-4162,
respectively.
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 27,
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 accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic version of
the Preliminary Decision Memorandum are identical in content.
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\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 entitled ``Decision Memorandum for the
Preliminary Determination in the Less-Than-Fair Value Investigation
of Fine Denier Polyester Staple Fiber from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is fine denier PSF from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. 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.
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\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 concurrently with this preliminary determination.
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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 adverse
inferences (AFA), for Bombay Dyeing & Manufacturing Company Limited
(Bombay Dyeing), which failed to cooperate by not acting to the best of
its ability in its responses to the Department's requests for
information. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually examined. Section 735(c)(5)(A) states that in calculating
this rate, it shall be an amount 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.
In this investigation, the Department preliminarily assigned a rate
based entirely on selecting facts otherwise available with an adverse
inference to Bombay Dyeing. Therefore, the only rate that is not zero,
de minimis or based entirely on facts otherwise available with an
adverse inference is the rate calculated for Reliance Industries
Limited (RIL). Consequently, the rate calculated for RIL is also
assigned as the rate for all-other producers and exporters.
Preliminary Determination
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\7\ See Calculation Memorandum, dated concurrently with this
notice.
\8\ This rate is based on AFA.
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The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
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Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted-average subsidy
dumping margin offset(s))
(percent) (percent)
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Reliance Industries Limited............................................... 2.66 \7\ 0.66
Bombay Dyeing & Manufacturing Company Limited............................. \8\ 21.43 15.66
All-Others................................................................ 2.66 0.00
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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
[[Page 664]]
the date of publication of this notice in the Federal Register.
The Department normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding, when CVD provisional
measures are in effect. Accordingly, where the Department preliminarily
made an affirmative determination of countervailable export subsidies,
the Department has offset the estimated weighted-average dumping margin
by the appropriate CVD export subsidy rate. Any such adjusted cash
deposit rate may be found in the Preliminary Determination Section
above.
Should the 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
estimating antidumping duty cash deposits unadjusted for countervailed
export subsidies at the time that the provisional CVD measures expire.
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, adjusted for export subsidies, 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, adjusted for export subsidies; (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, adjusted for export subsidies; and (3) the
cash deposit rate for all other producers and exporters will be equal
to the all-others estimated weighted-average dumping margin, adjusted
for export subsidies. 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)(1) of the Act, the Department intends
to verify RIL'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 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 date for case
briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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 15, 2017, pursuant to 19 CFR 351.210(e), RIL requested
that the Department postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\10\ 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.
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\10\ See Letter from RIL, ``Fine Denier Polyester Staple Fiber
from India: Reliance Industries, Ltd.'s Request to Extend the
Antidumping Duty Final Determination,'' dated November 15, 2017.
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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:
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(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
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's-Length 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]
BILLING CODE 3510-DS-P
