[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56050-56051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25546]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-579-580 and 731-TA-1369-1372 (Final)]


Fine Denier Polyester Staple Fiber From China, India, Korea, and 
Taiwan; Scheduling of the Final Phase of Countervailing Duty and 
Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-579-580 and 731-TA-1369-1372 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of fine denier polyester staple fiber 
(``fine denier PSF'') from China, India, Korea, and Taiwan, provided 
for in subheading 5503.20.00 of the Harmonized Tariff Schedule of the 
United States. Imports of this product from China and India have been 
preliminarily determined by the Department of Commerce to be 
subsidized. Determinations with respect to imports of fine denier PSF 
alleged to be sold at less than fair value are pending.

DATES: November 6, 2017.

FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as, ``fine denier 
polyester staple fiber (fine denier PSF), not carded or combed, 
measuring less than 3.3

[[Page 56051]]

decitex (3 denier) in diameter. The scope covers all fine denier PSF, 
whether coated or uncoated. The following products are excluded from 
the scope:
    (1) PSF equal to or greater than 3.3. decitex (more than 3 denier, 
inclusive) currently classifiable under Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings 5503.20.0045 and 5503.20.0065.
    (2) Low-melt PSF defined as a bicomponent fiber with a polyester 
core and anouter, polyester sheath that melts at a significantly lower 
temperature than its inner polyester core currently classified under 
HTSUS subheading 5503.20.0015.
    Fine denier PSF is classifiable under the HTSUS subheading 
5503.20.0025. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the investigation is dispositive.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b)), as a result of affirmative preliminary determinations 
by the Department of Commerce that certain benefits which constitute 
subsidies within the meaning of section 703 of the Act (19 U.S.C. 
1671b) are being provided to manufacturers, producers, or exporters in 
China and India of fine denier PSF. The investigations were requested 
in petitions filed on May 31, 2017, by DAK Americas LLC, Charlotte, NC; 
Nan Ya Plastics Corporation, America, Lake City, SC; and Auriga 
Polymers Inc., Charlotte, NC.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on January 
3, 2018, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on 
Wednesday, January 17, 2018, at the U.S. International Trade Commission 
Building. Requests to appear at the hearing should be filed in writing 
with the Secretary to the Commission on or before January 11, 2018. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on January 12, 2018, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is January 10, 2018. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is January 23, 2018. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before January 23, 2018. On February 9, 2018, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before February 13, 2018, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's Web site at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25546 Filed 11-24-17; 8:45 am]
BILLING CODE 7020-02-P