[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43392-43394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17983]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Preliminary Results of the 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 certain 
polyester staple fiber from the People's Republic of China (``PRC''), 
for the period of review (``POR''), June 1, 2013, to May 31, 2014.

DATES: Effective date: July 22, 2015.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2243.

SUPPLEMENTARY INFORMATION

Background

    The Department preliminarily determines that Zhaoqing Tifo New 
Fibre Co., Ltd. (``Zhaoqing Tifo'') failed to establish that it is 
entitled to a separate rate for the POR and, thus, we are treating 
Zhaoqing Tifo as part of the PRC-wide entity.\1\ In addition, we 
preliminarily determine that Takayasu Industrial (Jiangyin) Co., Ltd. 
(``Takayasu'') had no shipments during the POR and, therefore, did not 
have any reviewable entries. If these preliminary results are adopted 
in the final results, the Department will instruct U.S. Customs and 
Border Protection (``CBP'') to assess antidumping duties on all 
appropriate entries of subject merchandise during the POR. Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Decision Memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, entitled ``Preliminary Results of 2013-2014 Antidumping 
Duty Administrative Review: Certain Polyester Staple Fiber from the 
People's Republic of China'' (``Preliminary Decision Memorandum'') 
issued concurrently with this notice for a complete description of 
the Scope of the Order.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain polyester staple 
fiber. The product is currently classified under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') numbers 5503.20.0045 and 
5503.20.0065. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written description of the scope of the order 
remains dispositive.\2\
---------------------------------------------------------------------------

    \2\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.\3\ 
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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main

[[Page 43393]]

Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department initiated a review for two companies.\4\ The 
Department preliminarily determines that Zhaoqing Tifo failed to 
cooperate by not acting to the best of its ability to comply with the 
Department's request for information and, therefore, is not eligible 
for a separate rate. Accordingly, the Department preliminarily finds 
that the PRC-wide entity includes Zhaoqing Tifo.\5\ We also note that 
the Department's change in policy \6\ regarding conditional review of 
the PRC-wide entity applies to this administrative review.\7\
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 44390 (July 31, 2014).
    \5\ See section 776(b) of the Act.
    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \7\ Under this policy, the PRC-wide entity will not be under 
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a 
review of the PRC-wide entity in this review, the entity is not 
under review.
---------------------------------------------------------------------------

    In addition, the Department preliminarily determines that Takayasu 
had no shipments during the POR and, therefore, had no reviewable 
entries.

Public Comment and Opportunity to Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\8\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\9\ Parties who submit arguments are requested to 
submit with the argument (a) a statement of the issue, (b) a brief 
summary of the argument, and (c) a table of authorities.\10\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing system, ACCESS.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1)-(2).
    \10\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\11\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\12\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ Id.
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\14\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results, the Department will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- 
(or customer-) specific ad valorem rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\15\ Where either a respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\16\ We intend to instruct CBP to liquidate entries 
containing subject merchandise exported by the PRC-wide entity at the 
PRC-wide rate.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases.\17\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during the 
administrative review, the Department will instruct CBP to liquidate 
such entries at the PRC-wide rate. Additionally, if the Department 
determines that an exporter had no shipments of the subject 
merchandise, any suspended entries, other than Takayasu's sample 
shipments, that entered under that exporter's case number (i.e., at 
that exporter's rate) will be liquidated at the PRC-wide rate.\18\ For 
Takayasu's sample suspended entries, the Department will instruct CBP 
to liquidate such entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \18\ Id.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For any companies listed that 
have a separate rate, the cash deposit rate will be that established in 
the final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

[[Page 43394]]

Notification to Importers

    This notice also 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

Summary
    1. Summary
    2. Case History
    3. Scope of the Order
    4. Non-Market Economy Status
    5. PRC-Wide Entity
    6. Preliminary Determination of No Shipments

[FR Doc. 2015-17983 Filed 7-21-15; 8:45 am]
BILLING CODE 3510-DS-P