[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15565-15567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06754]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-833]


Polyester Staple Fiber From Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on polyester

[[Page 15566]]

staple fiber (PSF) from Taiwan. The period of review (POR) is May 1, 
2013, through April 30, 2014. The review covers two producers/exporters 
of the subject merchandise, Far Eastern New Century Corporation (FENC) 
and Nan Ya Plastics Corporation (Nan Ya). We preliminarily find that 
FENC has not sold subject merchandise at less than normal value and 
that Nan Ya had no shipments during the POR. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective March 24, 2015.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the Order \1\ is PSF. The PSF subject to 
the order is currently classifiable under subheadings 5503.20.00.40, 
5503.20.00.45, 5503.20.00.60, and 5503.20.00.65 of the Harmonized 
Tariff Schedule of the United States (HTSUS). While the HTSUS numbers 
are provided for convenience and customs purposes, the written product 
description remains dispositive.\2\
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    \1\ 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) 
(Order).
    \2\ A full description of the scope of the Order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Polyester Staple 
Fiber from Taiwan: Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review; 2013-2014'' dated 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Preliminary Determination of No Shipments

    We published in the Federal Register a notice of initiation of this 
administrative review of the antidumping duty order on PSF from Taiwan 
covering two companies, FENC and Nan Ya.\3\ We received a timely 
submission from Nan Ya reporting that it did not sell or export subject 
merchandise during the POR.\4\ On December 22, 2014, we transmitted a 
``No-Shipment Inquiry'' to U.S. Customs and Border Protection (CBP) 
with respect to Nan Ya.\5\ Pursuant to this inquiry, we received no 
notification from CBP of entries of subject merchandise from Nan Ya. 
Accordingly, based on record evidence, we preliminarily determine that 
Nan Ya had no shipments of subject merchandise during the POR. Further, 
consistent with our practice, we find that it is not appropriate to 
rescind the review with respect to Nan Ya, but rather to complete the 
review and issue appropriate instructions to CBP based on the final 
results of this review.\6\
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 36462 (June 27, 2014).
    \4\ See Nan Ya's letter to the Secretary of Commerce regarding 
``Antidumping Duty Administrative Review on Polyester Staple Fiber 
From Taiwan for the Period from May 1, 2013 to April 30, 2014'' 
dated August 22, 2014.
    \5\ See CBP message 4356302 dated December 22, 2014.
    \6\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). With respect 
to FENC, export price is calculated in accordance with section 772 of 
the Act. Normal value is calculated in accordance with section 773 of 
the Act. For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum. 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).\7\ ACCESS is available 
to registered users at http://access.trade.gov and to all parties in 
the Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.
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    \7\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for FENC for the 
period May 1, 2013, through April 30, 2014.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 
351.309(c)(ii), interested parties may submit cases briefs not later 
than 30 days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\8\ Parties 
who submit case briefs or rebuttal briefs in this proceeding 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.\9\
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    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2) and 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, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance. All documents must be filed electronically using ACCESS 
which is available to registered users at http://access.trade.gov. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\10\ Requests should contain: (1) 
The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
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    \10\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon issuance of the final results, the Department shall determine 
and CBP shall assess antidumping duties on all appropriate entries 
covered by this review. If FENC's weighted-average dumping margin is 
above de minimis in

[[Page 15567]]

the final results of this review, we will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1). If FENC's weighted-average dumping margin continues to 
be zero or de minimis in the final results of review, we will instruct 
CBP not to assess duties on any of its entries in accordance with the 
Final Modification for Reviews, i.e., ``{w{time} here the weighted-
average margin of dumping for the exporter is determined to be zero or 
de minimis, no antidumping duties will be assessed.'' \11\
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    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\12\ This clarification will apply to entries of subject 
merchandise during the POR produced by FENC for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
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    \12\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy 
Notice).
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    Consistent with the Assessment Policy Notice, if we continue to 
find that Nan Ya had no shipments of subject merchandise, following 
issuance of the final results of review, for entries of subject 
merchandise during the POR produced by Nan Ya for which this company 
did not know that the merchandise was destined for the United States, 
we will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of PSF from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for FENC 
will be equal to the weighted-average dumping margin established in the 
final results of this administrative review; (2) for previously 
reviewed or investigated companies not listed above including Nan Ya, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which that manufacturer or exporter participated; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the manufacturer of the merchandise for the 
most recently completed segment of this proceeding; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 7.31 percent.\13\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \13\ The all-others rate established in the Order.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).

    Dated: March 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Preliminary Determination of No Shipments
Discussion of the Methodology
    Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    Product Comparisons
    Date of Sale
    Export Price
    Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    D. Calculation of Normal Value Based on Comparison Market Prices
    Currency Conversion
Recommendation
[FR Doc. 2015-06754 Filed 3-23-15; 8:45 am]
BILLING CODE 3510-DS-P