Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 4906-4908 [2018-02042]
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
determination regarding Softwood
Lumber from Canada. The final
determination was published in the
Federal Register on December 28, 2017
(82 FR 61,587). The NAFTA Secretariat
has assigned case number USA–CDA–
2018–1904–03 to this request.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established NAFTA Rules of
Procedure for Article 1904 Binational
Panel Reviews, which were adopted by
the three governments for panels
requested pursuant to Article 1904(2) of
NAFTA which requires Requests for
Panel Review to be published in
accordance with Rule 35. For the
complete Rules, please see https://
www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/
Article-1904.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is February 20, 2018);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
March 5, 2018); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: January 30, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018–02135 Filed 2–1–18; 8:45 am]
BILLING CODE 3510–GT–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Low Melt Polyester Staple Fiber
(low melt PSF) from the Republic of
Korea (Korea) 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 February 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Brittany Bauer,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4682 or
(202) 482–3860, respectively.
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). Commerce published the
notice of initiation of this investigation
on July 24, 2017.1 On November 20,
2017, Commerce postponed the
preliminary determination of this
investigation until January 23, 2018.2
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. If the new
deadline falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the preliminary determination of this
investigation is now January 26, 2018.3
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Initiation of LessThan-Fair-Value Investigations, 82 FR 34277 (July
24, 2017) (Initiation Notice).
2 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Postponement of
Preliminary Determinations of Antidumping Duty
Investigations, 82 FR 55091 (November 20, 2017).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the non-
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For a complete description of the events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.4 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 versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is low melt PSF from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 During this
period, no interested party commented
on the scope of this investigation;
however, we received comments on the
overlap between the scope of this
investigation and other proceedings
before Commerce.7
Nonetheless, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice to eliminate the overlap in
product coverage with the existing PSF
Korea antidumping duty order.8 See the
exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government,’’ dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Low Melt Polyester
Staple Fiber from the Republic of Korea (Korea)’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See the petitioner’s Letter re: Low Melt Polyester
Staple Fiber from the Republic of Korea and
Taiwan—Petitioner’s Comments on Potential Scope
Overlap, dated October 5, 2017. The petitioner in
this case is Nan Ya Plastics Corporation, America.
8 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Polyester
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revised scope in Appendix I to this
notice. For further discussion, see the
Preliminary Decision Memorandum.
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce 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. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances do not exist for Huvis
Corporation (Huvis), and do exist for
Toray Chemical Korea Inc. (TCK) and all
other producers/exporters. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, 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 Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate 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, Commerce
preliminarily found a zero rate for
Huvis. Therefore, the only rate that is
not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for TCK. Consequently, the
rate calculated for TCK is also assigned
as the rate for all-other producers and
exporters in this investigation.
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Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Staple Fiber from the Republic of Korea and
Antidumping Duty Orders: Certain Polyester Staple
Fiber from the Republic of Korea and Taiwan, 65
FR 33807 (May 25, 2000).
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18:03 Feb 01, 2018
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Should the final estimated weightedaverage dumping margin be zero or de
minimis for Huvis, entries of shipments
Exporter/producer
of subject merchandise produced and
exported by Huvis will be excluded
from the potential antidumping duty
Huvis Corporation .......................
0.00 order. Such exclusion is not applicable
Toray Chemical Korea Inc ..........
16.48 to merchandise exported to the United
All-Others ....................................
16.48 States by this respondent in any other
producer/exporter combinations or by
third parties that sourced subject
Suspension of Liquidation
merchandise from the excluded
In accordance with section 733(d)(2)
producer/exporter combination.
of the Act, Commerce will direct U.S.
Section 733(e)(2) of the Act provides
Customs and Border Protection (CBP) to that, given an affirmative determination
suspend liquidation of entries of subject of critical circumstances, any
merchandise, as described in Appendix suspension of liquidation shall apply to
I, entered, or withdrawn from
unliquidated entries of subject
warehouse, for consumption on or after
merchandise entered, or withdrawn
the date of publication of this notice in
from warehouse, for consumption on or
the Federal Register. Further, pursuant
after the later of (a) the date which is 90
to section 733(d)(1)(B) of the Act and 19 days before the date on which the
CFR 351.205(d), Commerce will instruct suspension of liquidation was first
CBP to require a cash deposit equal to
ordered, or (b) the date on which notice
the estimated weighted-average
of initiation of the investigation was
dumping margin or the estimated allpublished. Commerce preliminarily
others rate, as follows: (1) The cash
finds that critical circumstances exist
deposit rate for the respondents listed
for imports of subject merchandise
above will be equal to the companyproduced or exported by TCK and all
specific estimated weighted-average
producers/exporters of low melt PSF
dumping margins determined in this
from Korea, except for Huvis. In
preliminary determination, except if
accordance with section 733(e)(2)(A) of
that rate is zero or de minimis, no cash
the Act, the suspension of liquidation
deposit will be required; (2) if the
shall apply to unliquidated entries of
exporter is not a respondent identified
shipments of subject merchandise from
above, but the producer is, then the cash the producer(s) or exporter(s) identified
deposit rate will be equal to the
in this paragraph that were entered, or
company-specific estimated weightedwithdrawn from warehouse, for
average dumping margin established for consumption on or after the date which
that producer of the subject
is 90 days before the publication of this
merchandise except as explained below; notice.
These suspension of liquidation
and (3) the cash deposit rate for all other
producers and exporters will be equal to instructions will remain in effect until
further notice.
the all-others estimated weightedaverage dumping margin.
Disclosure
Because the estimated weightedCommerce intends to disclose its
average dumping margin for Huvis is
calculations and analysis performed to
zero, entries of shipments of subject
interested parties in this preliminary
merchandise produced and exported by determination within five days of any
this company will not be subject to
public announcement or, if there is no
suspension of liquidation or cash
public announcement, within five days
deposit requirements. In such
of the date of publication of this notice
situations, Commerce applies the
in accordance with 19 CFR 351.224(b).
exclusion to the provisional measures to
the producer/exporter combination that Verification
was examined in the investigation.
As provided in section 782(i)(1) of the
Accordingly, Commerce is directing
Act, Commerce intends to verify the
CBP not to suspend liquidation of
information relied upon in making its
entries of subject merchandise produced final determination.
and exported by Huvis. Entries of
Public Comment
shipments of subject merchandise from
this company in any other producer/
Case briefs or other written comments
exporter combination, or by third
may be submitted to the Assistant
parties that sourced subject
Secretary for Enforcement and
merchandise from the excluded
Compliance no later than seven days
producer/exporter combination, are
after the date on which the last
subject to the provisional measures at
verification report is issued in this
the all others rate.
investigation. Rebuttal briefs, limited to
Estimated
weightedaverage
dumping
margin
(percent)
Methodology
4907
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
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, Commerce
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.
sradovich on DSK3GMQ082PROD 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 Commerce’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 December 1 and December 5,
2017, pursuant to 19 CFR 351.210(e),
TCK and Huvis, respectively, requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.10 On January 8,
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
10 See TCK’s Letter re: Low Melt Polyester Staple
Fiber from the Republic of Korea: Request to
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18:03 Feb 01, 2018
Jkt 244001
2018, the petitioner also requested that
Commerce postpone the final
determination.11 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 exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce 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, Commerce 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: January 26, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I—Scope of the Investigation
The merchandise subject to this
investigation is synthetic staple fibers, not
carded or combed, specifically bi-component
polyester fibers having a polyester fiber
component that melts at a lower temperature
than the other polyester fiber component
(low melt PSF). The scope includes bicomponent polyester staple fibers of any
denier or cut length. The subject
merchandise may be coated, usually with a
finish or dye, or not coated.
Excluded from the scope of the
investigation on low melt PSF from Korea are
any products covered by the existing
antidumping duty order on certain polyester
Postpone the Final Determination, dated December
1, 2017; and Huvis’ Letter re: Low Melt Polyester
Staple Fiber from the Republic of Korea: Request to
Extend the Deadline for the Final Determination,
dated December 5, 2017.
11 See the petitioner’s Letter re: Low Melt
Polyester Staple Fiber from the Republic of Korea
and Taiwan: Petitioner’s Request Regarding
Extension of the Final Determination Deadline,
dated January 8, 2018.
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Sfmt 4703
staple fiber from Korea. See Notice of
Amended Final Determination of Sales at
Less Than Fair Value: Certain Polyester
Staple Fiber from the Republic of Korea and
Antidumping Duty Orders: Certain Polyester
Staple Fiber from the Republic of Korea and
Taiwan, 65 FR 33807 (May 25, 2000).
Low melt PSF is classifiable under the
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided
for convenience and customs purposes, the
written description of the scope of the
merchandise under the investigation is
dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
X. Critical Circumstances
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2018–02042 Filed 2–1–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Fisheries Finance
Program Requirements
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Notice.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
SUMMARY:
Written comments must be
submitted on or before April 3, 2018.
DATES:
E:\FR\FM\02FEN1.SGM
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Agencies
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4906-4908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Low Melt Polyester Staple Fiber (low melt PSF) from the Republic
of Korea (Korea) 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 February 2, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Brittany Bauer, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-3860, 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). Commerce
published the notice of initiation of this investigation on July 24,
2017.\1\ On November 20, 2017, Commerce postponed the preliminary
determination of this investigation until January 23, 2018.\2\ Commerce
has exercised its discretion to toll deadlines for the duration of the
closure of the Federal Government from January 20 through 22, 2018. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the preliminary determination of this
investigation is now January 26, 2018.\3\ For a complete description of
the events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\4\ 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 versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations,
82 FR 34277 (July 24, 2017) (Initiation Notice).
\2\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Postponement of Preliminary Determinations of
Antidumping Duty Investigations, 82 FR 55091 (November 20, 2017).
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government,'' dated January 23, 2018. All deadlines in
this segment of the proceeding have been extended by 3 days.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Low Melt
Polyester Staple Fiber from the Republic of Korea (Korea)'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is low melt PSF from
Korea. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ During this period,
no interested party commented on the scope of this investigation;
however, we received comments on the overlap between the scope of this
investigation and other proceedings before Commerce.\7\
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See the petitioner's Letter re: Low Melt Polyester Staple
Fiber from the Republic of Korea and Taiwan--Petitioner's Comments
on Potential Scope Overlap, dated October 5, 2017. The petitioner in
this case is Nan Ya Plastics Corporation, America.
---------------------------------------------------------------------------
Nonetheless, Commerce is preliminarily modifying the scope language
as it appeared in the Initiation Notice to eliminate the overlap in
product coverage with the existing PSF Korea antidumping duty order.\8\
See the
[[Page 4907]]
revised scope in Appendix I to this notice. For further discussion, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Polyester Staple Fiber from the Republic of
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber
from the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce 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. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for Huvis Corporation (Huvis), and do exist for Toray Chemical Korea
Inc. (TCK) and all other producers/exporters. For a full description of
the methodology and results of Commerce's critical circumstances
analysis, 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 Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate 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, Commerce preliminarily found a zero rate for
Huvis. Therefore, the only rate that is not zero, de minimis or based
entirely on facts otherwise available is the rate calculated for TCK.
Consequently, the rate calculated for TCK is also assigned as the rate
for all-other producers and exporters in this investigation.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Huvis Corporation........................................... 0.00
Toray Chemical Korea Inc.................................... 16.48
All-Others.................................................. 16.48
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce 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), Commerce 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, except if that
rate is zero or de minimis, no cash deposit will be required; (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 Huvis is
zero, entries of shipments of subject merchandise produced and exported
by this company will not be subject to suspension of liquidation or
cash deposit requirements. In such situations, Commerce applies the
exclusion to the provisional measures to the producer/exporter
combination that was examined in the investigation. Accordingly,
Commerce is directing CBP not to suspend liquidation of entries of
subject merchandise produced and exported by Huvis. Entries of
shipments of subject merchandise from this company in any other
producer/exporter combination, or by 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 Huvis, entries of shipments of subject merchandise
produced and exported by Huvis will be excluded from the potential
antidumping duty order. Such exclusion is not applicable to merchandise
exported to the United States by this respondent in any other producer/
exporter combinations or by third parties that sourced subject
merchandise from the excluded producer/exporter combination.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced or exported by TCK and all producers/exporters of
low melt PSF from Korea, except for Huvis. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries of shipments of subject merchandise from the
producer(s) or exporter(s) identified in this paragraph that were
entered, or withdrawn from warehouse, for consumption on or after the
date which is 90 days before the publication of this notice.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce 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, Commerce intends to
verify the 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. Rebuttal briefs, limited to
[[Page 4908]]
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,
Commerce 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 Commerce'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 December 1 and December 5, 2017, pursuant to 19 CFR 351.210(e),
TCK and Huvis, respectively, requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\10\ On January 8, 2018, the petitioner also
requested that Commerce postpone the final determination.\11\ 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 exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
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 TCK's Letter re: Low Melt Polyester Staple Fiber from
the Republic of Korea: Request to Postpone the Final Determination,
dated December 1, 2017; and Huvis' Letter re: Low Melt Polyester
Staple Fiber from the Republic of Korea: Request to Extend the
Deadline for the Final Determination, dated December 5, 2017.
\11\ See the petitioner's Letter re: Low Melt Polyester Staple
Fiber from the Republic of Korea and Taiwan: Petitioner's Request
Regarding Extension of the Final Determination Deadline, dated
January 8, 2018.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce 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: January 26, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I--Scope of the Investigation
The merchandise subject to this investigation is synthetic
staple fibers, not carded or combed, specifically bi-component
polyester fibers having a polyester fiber component that melts at a
lower temperature than the other polyester fiber component (low melt
PSF). The scope includes bi-component polyester staple fibers of any
denier or cut length. The subject merchandise may be coated, usually
with a finish or dye, or not coated.
Excluded from the scope of the investigation on low melt PSF
from Korea are any products covered by the existing antidumping duty
order on certain polyester staple fiber from Korea. See Notice of
Amended Final Determination of Sales at Less Than Fair Value:
Certain Polyester Staple Fiber from the Republic of Korea and
Antidumping Duty Orders: Certain Polyester Staple Fiber from the
Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000).
Low melt PSF is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the scope of the
merchandise under the investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
X. Critical Circumstances
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2018-02042 Filed 2-1-18; 8:45 am]
BILLING CODE 3510-DS-P