Low Melt Polyester Staple Fiber From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 4903-4905 [2018-02043]

Download as PDF Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices 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 29, 2018. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. sradovich on DSK3GMQ082PROD with NOTICES Appendix I Scope of the Investigation The scope of this investigation is certain tapered roller bearings. The scope covers all tapered roller bearings with a nominal outside cup diameter of eight inches and under, regardless of type of steel used to produce the bearing, whether of inch or metric size, and whether the tapered roller bearing is a thrust bearing or not. Certain tapered roller bearings include: Finished cup and cone assemblies entering as a set, finished cone assemblies entering separately, and finished parts (cups, cones, and tapered rollers). Certain tapered roller bearings are sold individually as a set (cup and cone assembly), as a cone assembly, as a finished cup, or packaged as a kit with one or several tapered roller bearings, a seal, and grease. The scope of the investigation includes finished rollers and finished cones that have not been assembled with rollers and a cage. Certain tapered roller bearings can be a single row or multiple rows (e.g., two- or four-row), and a cup can handle a single cone assembly or multiple cone assemblies. Finished cups, cones, and rollers differ from unfinished cups, cones, and rollers in that they have undergone further processing after heat treatment, including, but not limited to, final machining, grinding, and/or polishing. Mere heat treatment of a cup, cone, or roller (without any further processing after heat treatment) does not render the cup, cone, or roller a finished part for the purpose of this investigation. Finished tapered roller bearing parts are understood to mean parts which, at the time of importation, are ready for assembly (if further assembly is required) and require no further finishing or fabrication, such as grinding, lathing, machining, polishing, heat treatment, etc. Finished parts may require grease, bolting, and/or pressing as part of final assembly, and the requirement that these processes be performed, subsequent to importation, does not remove an otherwise finished tapered roller bearing from the scope. Tapered roller bearings that have a nominal outer cup diameter of eight inches and under that may be used in wheel hub units, rail bearings, or other housed bearings, but entered separately, are included in the scope to the same extent as described above. All tapered roller bearings meeting the written description above, and not otherwise excluded, are included, regardless of coating. Excluded from the scope of this investigation are: VerDate Sep<11>2014 18:03 Feb 01, 2018 Jkt 244001 (1) Unfinished parts of tapered roller bearings (cups, cones, and tapered rollers); (2) cages, whether finished or unfinished; (3) the non-tapered roller bearing components of subject kits (e.g., grease, seal); and (4) tapered roller bearing wheel hub units, rail bearings, and other housed tapered roller bearings (flange, take up cartridges, and hanger units incorporating tapered rollers). Tapered roller bearings subject to this investigation are primarily classifiable under subheadings 8482.20.0040, 8482.20.0061, 8482.20.0070, 8482.20.0081, 8482.91.0050, 8482.99.1550, and 8482.99.1580 of the Harmonized Tariff Schedule of the United States (HTSUS).14 Parts may also enter under 8482.99.4500. While the HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise 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. Affiliation and Collapsing VI. PMS Allegation VII. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price/Constructed Export Price XI. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production 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 E. Price-to-CV Comparisons XII. Currency Conversion XIII. Conclusion [FR Doc. 2018–02104 Filed 2–1–18; 8:45 am] BILLING CODE 3510–DS–P 14 Prior to July 2016, products entering under 8482.20.0061 entered under 8482.20.0060, products entering under 8482.20.0081 entered under 8482.20.0080, and products entering under 8482.99.1550 entered under 8482.99.1540. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 4903 DEPARTMENT OF COMMERCE International Trade Administration [A–583–861] Low Melt 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 (Commerce) preliminarily determines that low melt polyester staple fiber (low melt 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 February 2, 2018. FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ajay Menon, 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) 482–2972 or (202) 482–1993, respectively. AGENCY: 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 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 in the Less-Than-FairValue 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 nonexclusive functions and duties of the Assistant E:\FR\FM\02FEN1.SGM Continued 02FEN1 4904 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices 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 http://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 Taiwan. For a complete description of the scope of this investigation, see Appendix I. sradovich on DSK3GMQ082PROD with NOTICES 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 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 Taiwan AD order.8 See the 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 Taiwan’’ 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 Petitioner’s Letter, ‘‘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 Staple Fiber from the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple VerDate Sep<11>2014 18:03 Feb 01, 2018 Jkt 244001 revised scope in Appendix I to this notice. For further discussion, see the Preliminary Decision Memorandum. Exporter/producer Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated an export price 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. All-Others Rate Section 733(d)(1)(A)(ii) of the Act provides that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. Section 735(c)(5)(A) of the Act provides that 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. Commerce calculated an individual estimated weighted-average dumping margin for Far Eastern New Century Corporation (FENC), the only individually examined exporter/ producer in this investigation.9 Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for FENC is the margin assigned to all-other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Fiber from the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000). 9 We selected two mandatory respondents in this investigation: FENC and Far Eastern Textile Limited. See Memorandum, ‘‘Respondent Selection for the Antidumping Duty Investigation of Low Melt Polyester Staple Fiber from Taiwan,’’ dated August 7, 2017. FENC subsequently provided information demonstrating that in 2009 it changed its name from Far Eastern Textile Limited to FENC. See FENC’s October 19, 2017 Section A Supplemental Questionnaire Response at SE–3. Therefore, we are examining FENC as the sole mandatory respondent in this investigation. For a complete analysis, see the Preliminary Decision Memorandum. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Far Eastern New Century Corporation ................................... All-Others .................................... Estimated weightedaverage dumping margin (percent) 52.00 52.00 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 allothers rate, as follows: (1) The cash deposit rate for the respondent listed above will be equal to the companyspecific estimated weighted-average dumping margin 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; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. 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 issues raised in case briefs, may be submitted no later than five days after E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, 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 January 2, 2018, pursuant to 19 CFR 351.210(e), FENC requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.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 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See FENC’s Letter, ‘‘Low Melt Polyester Staple Fiber (PSF),’’ dated January 2, 2018. VerDate Sep<11>2014 18:03 Feb 01, 2018 Jkt 244001 affirmative; (2) the requesting exporter accounts 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 Taiwan are any products covered by the existing antidumping duty orders on certain polyester staple fiber from Taiwan. 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 4905 Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Respondent Selection VI. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Export Price X. 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 XI. Currency Conversion XII. Conclusion [FR Doc. 2018–02043 Filed 2–1–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review in the Matter of Softwood Lumber From Canada: Determinations (Secretariat File Number: USA–CDA– 2018–1904–03) United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: A Request for Panel Review was filed on behalf of the Government of Canada; Government of Alberta; Government of British Columbia; Government of Ontario; Government of ´ Quebec; Alberta Softwood Lumber Trade Council; British Columbia Lumber Trade Council; Conseil de ´ l’Industrie forestier du Quebec and Ontario Forest Industries Association; Canfor Corporation; J.D. Irving, Limited; Resolute FP Canada Inc. and Rene Bernard Inc.; Tembec Inc. and Eacom Timber Corporation; and West Fraser Mills Ltd. with the United States Section of the NAFTA Secretariat on January 19, 2018 and on behalf of Western Forest Products, Inc. on January 26, 2018, pursuant to NAFTA Article 1904. Panel Review was requested of the U.S. International Trade Commission’s final injury SUMMARY: E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4903-4905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02043]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-861]


Low Melt 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 (Commerce) preliminarily determines 
that low melt polyester staple fiber (low melt 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 February 2, 2018.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ajay Menon, 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) 482-2972 or (202) 482-1993, 
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\

[[Page 4904]]

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 http://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 in the 
Less-Than-Fair-Value 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 Taiwan'' 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 
Taiwan. 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 Petitioner's Letter, ``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.
---------------------------------------------------------------------------

    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 Taiwan AD order.\8\ See the 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 an export price 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.

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined. 
Section 735(c)(5)(A) of the Act provides that 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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Far Eastern New Century Corporation (FENC), the only 
individually examined exporter/producer in this investigation.\9\ 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for FENC is the margin 
assigned to all-other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \9\ We selected two mandatory respondents in this investigation: 
FENC and Far Eastern Textile Limited. See Memorandum, ``Respondent 
Selection for the Antidumping Duty Investigation of Low Melt 
Polyester Staple Fiber from Taiwan,'' dated August 7, 2017. FENC 
subsequently provided information demonstrating that in 2009 it 
changed its name from Far Eastern Textile Limited to FENC. See 
FENC's October 19, 2017 Section A Supplemental Questionnaire 
Response at SE-3. Therefore, we are examining FENC as the sole 
mandatory respondent in this investigation. For a complete analysis, 
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Far Eastern New Century Corporation.........................       52.00
All-Others..................................................       52.00
------------------------------------------------------------------------

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 respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
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; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

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 issues raised in case 
briefs, may be submitted no later than five days after

[[Page 4905]]

the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
---------------------------------------------------------------------------

    \10\ 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, 
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 January 2, 2018, pursuant to 19 CFR 351.210(e), FENC requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\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 exporter accounts 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.
---------------------------------------------------------------------------

    \11\ See FENC's Letter, ``Low Melt Polyester Staple Fiber 
(PSF),'' dated January 2, 2018.
---------------------------------------------------------------------------

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 Taiwan are any products covered by the existing antidumping 
duty orders on certain polyester staple fiber from Taiwan. 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. Respondent Selection
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. 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
XI. Currency Conversion
XII. Conclusion

[FR Doc. 2018-02043 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-DS-P