[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12435-12437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04134]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Preliminary Results and Partial Rescission of the Antidumping 
Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminary 
determines that the sole remaining mandatory respondent under review 
does not qualify for a separate rate and is, therefore, considered a 
part of the People's Republic of China (PRC)-Wide Entity for its 
exports of subject merchandise exported to the United States during the 
period of review (POR), June 1, 2015, through May 31, 2016. 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.

DATES: Effective March 3, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 11, 2016, the Department published in the Federal 
Register the notice of initiation of an administrative review of the 
antidumping duty (AD) order on certain polyester staple fiber (PSF) 
from the PRC for the period of review June 1, 2015, through May 31, 
2016.\1\ On September 20, 2016, DAK Americas, LLC (Petitioner) withdrew 
its request for an administrative review of Cixi Sansheng.\2\ The other 
mandatory respondent, Hangzhou Huachuang, did not respond to the 
Department's AD questionnaire.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 53121 (August 11, 2016) (Initiation 
Notice).
    \2\ See Petitioner's September 20, 2016, submission.
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Scope of the Order

    The product covered by 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.\3\
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    \3\ For a full description of the scope of the Order, see 
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary, 
AD/CVD Operations, to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, entitled, ``Certain 
Polyester Staple Fiber from the People's Republic of China: Decision 
Memorandum for the Preliminary Results of the 2015-2016 Antidumping 
Duty Administrative Review,'' (Preliminary Decision Memorandum) 
dated concurrently with, and hereby adopted by, this notice.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above, Petitioner withdrew its request for an administrative 
review of Cixi Sansheng within 90 days of the publication date of the 
notice of initiation. No other parties requested an administrative 
review of the order. Therefore, in accordance with 19 CFR 
351.213(d)(1), the Department is rescinding this review of the AD order 
on PSF from the PRC with respect to Cixi Sansheng.

Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act). In making our findings, because Hangzhou Huachuang 
did not respond to our AD questionnaire and is not receiving a separate 
rate, we are preliminarily treating Hangzhou Huachuang as part of the 
PRC-wide entity. For a full description of the methodology underlying 
our preliminary conclusions, see the Preliminary Decision Memorandum.
    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum. A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix I to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement

[[Page 12436]]

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.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period June 1, 2015, 
through May 31, 2016:

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                                                            Estimated
                                                            weighted-
                        Exporter                         average  margin
                                                             (percent)
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PRC-Wide Entity........................................           44.30
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Disclosure \4\

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of its 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). However, because the 
Department preliminarily determined that the sole remaining respondent 
under review, Hangzhou Huachuang, is part of the PRC-wide entity, there 
are no calculations to disclose.
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    \4\ The PRC-wide entity includes mandatory respondent, Hangzhou 
Huachuang Co., Ltd., (Hangzhou Huachuang).
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 50 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\5\ 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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    \5\ 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, the 
Department 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.
    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, 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.\6\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \6\ See 19 CFR 351.212(b).
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    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, 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.\7\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\8\
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.106(c)(2).
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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 the companies listed above 
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 above 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.

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.
    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order

[[Page 12437]]

4. Discussion of the Methodology
    a. Partial Rescission
    b. NME Country Status
    c. Separate Rates
5. Recommendation

[FR Doc. 2017-04134 Filed 3-2-17; 8:45 am]
 BILLING CODE 3510-DS-P