[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 662-665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27752]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-875]


Fine Denier Polyester Staple Fiber From India: 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 India 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.

[[Page 663]]


FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Magd Zalok, 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) 482-0989 or (202) 482-4162, 
respectively.

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 27, 
2017.\1\ On October 24, 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 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 entitled ``Decision Memorandum for the 
Preliminary Determination in the Less-Than-Fair Value Investigation 
of Fine Denier Polyester Staple Fiber from India,'' 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 
India. 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. See the revised scope in Appendix I to this 
notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
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 adverse 
inferences (AFA), for Bombay Dyeing & Manufacturing Company Limited 
(Bombay Dyeing), which failed to cooperate by not acting to the best of 
its ability in its responses to the Department's requests for 
information. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. Section 735(c)(5)(A) states that in calculating 
this rate, it shall be an amount 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.
    In this investigation, the Department preliminarily assigned a rate 
based entirely on selecting facts otherwise available with an adverse 
inference to Bombay Dyeing. Therefore, the only rate that is not zero, 
de minimis or based entirely on facts otherwise available with an 
adverse inference is the rate calculated for Reliance Industries 
Limited (RIL). Consequently, the rate calculated for RIL is also 
assigned as the rate for all-other producers and exporters.

Preliminary Determination
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    \7\ See Calculation Memorandum, dated concurrently with this 
notice.
    \8\ This rate is based on AFA.
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    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

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                                                                                               Cash deposit rate
                                                                                Estimated         (adjusted for
                             Exporter/producer                               weighted-average       subsidy
                                                                              dumping margin       offset(s))
                                                                                (percent)          (percent)
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Reliance Industries Limited...............................................               2.66           \7\ 0.66
Bombay Dyeing & Manufacturing Company Limited.............................          \8\ 21.43              15.66
All-Others................................................................               2.66               0.00
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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

[[Page 664]]

the date of publication of this notice in the Federal Register.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. Accordingly, where the Department preliminarily 
made an affirmative determination of countervailable export subsidies, 
the Department has offset the estimated weighted-average dumping margin 
by the appropriate CVD export subsidy rate. Any such adjusted cash 
deposit rate may be found in the Preliminary Determination Section 
above.
    Should the provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, the Department will direct CBP to begin collecting 
estimating antidumping duty cash deposits unadjusted for countervailed 
export subsidies at the time that the provisional CVD measures expire.
    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, adjusted for export subsidies, 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, adjusted for export subsidies; (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, adjusted for export subsidies; and (3) the 
cash deposit rate for all other producers and exporters will be equal 
to the all-others estimated weighted-average dumping margin, adjusted 
for export subsidies. 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)(1) of the Act, the Department intends 
to verify RIL'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 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.\9\ 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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    \9\ 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 15, 2017, pursuant to 19 CFR 351.210(e), RIL requested 
that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\10\ 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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    \10\ See Letter from RIL, ``Fine Denier Polyester Staple Fiber 
from India: Reliance Industries, Ltd.'s Request to Extend the 
Antidumping Duty Final Determination,'' dated November 15, 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:

[[Page 665]]

    (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 Comments
VIII. Discussion of Methodology
    A. Application of Adverse Facts Available
    B. Corroboration of Secondary Information
    C. All-Others Rate
    D. Comparison to Normal Value
    E. Determination of the Comparison Method
    F. Results of the Differential Pricing Analysis
IX. Date of Sale
X. U.S. Price
XI. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Deemed Export Sales
    D. Level of Trade
    E. Calculation of NV Based on Comparison Market Prices
    F. Calculation of NV Based on Constructed Value (CV)
    G. Cost of Production (COP) Analysis
XII. Adjustments for Countervailable Export Subsidies
XIII. Currency Conversion
XIV. Verification
XV. Recommendation

[FR Doc. 2017-27752 Filed 1-4-18; 8:45 am]
 BILLING CODE 3510-DS-P