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]
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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:
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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
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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 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
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]
-----------------------------------------------------------------------
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 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 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.
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\10\ 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 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.
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\11\ See FENC's Letter, ``Low Melt Polyester Staple Fiber
(PSF),'' dated January 2, 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 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