[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 668-671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-860]


Fine Denier 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 (the Department) preliminarily 
determines that fine denier polyester staple fiber (fine denier 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 January 5, 2018.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on June 28, 
2017.\1\ On October 21, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
December 18, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ 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

[[Page 669]]

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 http://enforcement.trade.gov/frn/. The signed and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.
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    \1\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, Taiwan, and the 
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 29023 (June 27, 2017) (Initiation Notice).
    \2\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, and Taiwan: 
Postponement of Preliminary Determinations in Less-Than-Fair-Value 
Investigations, 82 FR 49178 (October 24, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair Value Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is fine denier PSF from 
Taiwan. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ The 
Department is preliminarily modifying the scope language as it appeared 
in the Initiation Notice. The revised scope is provided in Appendix I 
to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Fine Denier Polyester Staple Fiber from 
the Republic of Korea: Scope Comments Decision Memorandum for the 
Preliminary Determination'' (Preliminary Scope Decision Memorandum), 
dated concurrently with this preliminary determination.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. Furthermore, 
pursuant to section 776(a) and (b) of the Act, the Department has 
preliminarily relied upon facts otherwise available, with an adverse 
inference, for Far Eastern Textile, Ltd. (Far Eastern) also known as 
Far Eastern New Century Corporation, which declined to participate and 
did not respond to the Department's questionnaire or otherwise 
participate in the investigation.\7\ For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.
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    \7\ See Memorandum, ``Antidumping Duty Investigation of Fine 
Denier Polyester Staple Fiber from Taiwan: Far Eastern Textile 
Ltd.,'' dated August 8, 2017, at Attachment I (Far Eastern 
Withdrawal).
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All-Others Rate

    In accordance with section 733(d)(1)(A)(i) of the Act, the 
Department determined weighted-average dumping margins for each of the 
producers/exporters of the subject merchandise individually 
investigated. Pursuant to sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of 
the Act, the Department shall determine an estimated all-others rate 
for all exporters and producers not individually examined 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. Where the rates for the 
individually investigated companies are all zero or de minimis, or 
determined entirely using facts otherwise available, section 
735(c)(5)(B) of the Act instructs the Department to establish ``any 
reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated, including 
averaging the estimated weighted average dumping margins determined for 
the exporters and producers individually investigated.'' The Department 
has preliminarily determined the estimated weighted-average dumping 
margin for Far Eastern under section 776 of the Act and determined that 
the estimated weighted-average dumping margin for Tainan Spinning Co., 
Ltd. (TSCL) is zero. Pursuant to section 735(c)(5)(B) of the Act, we 
calculated the ``all-others'' rate as a simple average of the zero 
percent dumping margin and the dumping margin based totally on AFA. For 
a full description of the methodology underlying the Department's 
analysis, see the Preliminary Decision Memorandum.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Tainan Spinning Co., Ltd....................................        0.00
Far Eastern Textile Ltd. (AKA Far Eastern New Century              48.86
 Corporation)...............................................
All-Others..................................................       24.43
------------------------------------------------------------------------

    Consistent with section 733(b)(3) of the Act, the Department 
disregards de minimis rates and preliminarily determines that 
individually examined respondents with de minimis rates have not made 
sales of subject merchandise at LTFV.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
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), the Department 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 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins 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, except 
as explained below; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Because the estimated weighted-average dumping margin for TSCL is 
de minimis, entries of shipments of subject merchandise from TSCL will 
not be subject to suspension of liquidation or cash deposit 
requirements. In such situations, the Department applies the exclusion 
to the provisional measures to the producer/exporter combination that 
was examined in the investigation. Accordingly, the Department is 
directing CBP not to suspend liquidation of entries of subject 
merchandise exported and produced by TSCL. Entries of shipments of 
subject merchandise from TSCL in any other producer/exporter 
combination, or by

[[Page 670]]

third parties that sourced subject merchandise from the excluded 
producer/exporter combination, are subject to the provisional measures 
at the all others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for subject merchandise exported and produced by TSCL, 
entries of shipments of subject merchandise from this producer/exporter 
combination will be excluded from the potential antidumping duty order. 
Such exclusions are not applicable to merchandise exported to the 
United States by TSCL in any other producer/exporter combinations or by 
third parties that source subject merchandise from the excluded 
producer/exporter combinations.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    The Department 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) of the Act, the Department intends to 
verify TSCL's 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, unless the Department 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.\8\ 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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    \8\ 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.

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 the Department'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 November 13, 2017, pursuant to 19 CFR 351.210(e), TSCL requested 
that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\9\ 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, the Department is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, the 
Department will make its final determination no later than 135 days 
after the date of publication of this preliminary determination.
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    \9\ See TSCL's Letter, ``Fine Denier Polyester Staple Fiber 
(FDPSF),'' dated November 13, 2017.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department 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: December 18, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is f[igrave]ne 
denier polyester staple fiber (fine denier PSF), not carded, combed, 
or pre-opened, measuring less than 3.3 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 bi-component polyester fiber 
having a polyester fiber component that melts at a lower temperature 
than the other polyester fiber component, which is currently 
classifiable 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 this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Scope and Product Characteristic Comments
VIII. Discussion of Methodology
    A. Application of Adverse Facts Available
    B. Corroboration of Secondary Information

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    C. All-Others Rate
    D. Comparisons to Normal Value
IX. Date of Sale
X. U.S. Price
XI. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Calculation of Normal Value Based on Comparison Market Prices
    D. Calculation of NV Based on CV
    E. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Results of COP Test
XII. Currency Conversion
XIII. Verification
XIV. Recommendation

[FR Doc. 2017-27751 Filed 1-4-18; 8:45 am]
 BILLING CODE 3510-DS-P