660 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 

13For a full discussion of this practice, see NME 

AD Assessment. 

1See 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). 

2See 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). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair Value Investigation of Fine Denier Polyester 

Staple Fiber from the Republic of Korea,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties: 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

entries of subject merchandise from 

these companies will be liquidated at 

the China-wide rate.13

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise from China 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided for by 

section 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 rate established in the final 

results of this review (except, if the rate 

is zero or de minimis, then a cash 

deposit rate of zero will be established 

for that company); (2) for previously 

investigated or reviewed China and nonChina exporters that received a separate 

rate in a prior segment of this 

proceeding, the cash deposit rate will 

continue to be the existing exporterspecific rate; (3) for all China exporters 

of subject merchandise that have not 

been found to be entitled to a separate 

rate, the cash deposit rate will be the 

rate for the China-wide entity, which is 

76.45 percent; and (4) for all non-China 

exporters of subject merchandise that 

have not received their own rate, the 

cash deposit rate will be the rate 

applicable to China exporter(s) that 

supplied that non-China 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) to file a certificate regarding 

the reimbursement of antidumping and/ 

or countervailing duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

and/or countervailing duties occurred 

and the subsequent assessment of 

double antidumping duties. 

We are issuing and publishing these 

preliminary results of review in 

accordance with sections 751(a)(l) and 

777(i)(l) of the Act and 19 CFR 351.213. 

Dated: December 29, 2017. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of Methodology 

A. Preliminary Determination of No 

Shipments 

B. Non-Market Economy Country Status 

C. Separate Rates Determination 

1. Absence of De Jure Control 

2. Absence of De Facto Control 

3. Companies Not Eligible for a Separate 

Rate 

4. Separate Rate for Eligible, Non-Selected 

Companies 

V. Recommendation 

[FR Doc. 2018–00016 Filed 1–4–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–893] 

Fine Denier Polyester Staple Fiber 

From the Republic of Korea: 

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 the 

Republic of Korea (Korea) are 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. 

FOR FURTHER INFORMATION CONTACT: 

Karine Gziryan or Celeste Chen, 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) 482–4081 or (202) 482–0890, 

respectively. 

DATES: Applicable January 5, 2018. 

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 found at http://

enforcement.trade.gov/frn/. The signed 

and electronic versions of the 

Preliminary Decision Memorandum are 

identical in content. 

Scope of the Investigation 

The product covered by this 

investigation is fine denier polyester 

staple fiber from Korea. 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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 661 

6See Memorandum, ‘‘Fine Denier Polyester 

Staple Fiber from the Republic of Korea: Scope 

Comments Decision Memorandum for the 

Preliminary Determination’’ (Preliminary Scope 

Decision Memorandum), dated December 8, 2017. 

7Toray Chemical Korea Inc. (TCK), Huvis, and 

Down Nara are the mandatory respondents in this 

investigation. See Huvis Corporation’s Letter, ‘‘Fine 

Denier Polyester Staple Fiber from the Republic of 

Korea: Notice of Intent Not to Participate,’’ dated 

August 10, 2017 (Huvis Notice of Intent). 

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. 

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, for Huvis Corporation 

(Huvis) and Down Nara, Co. Ltd. (Down 

Nara) which did not respond to the 

Department’s questionnaire.7 For a full 

description of the methodology 

underlying the preliminary 

determination, see the Preliminary 

Decision Memorandum. 

All-Others Rate 

In accordance with section 

735(d)(1)(A)(i) of the Act, the 

Department determined weightedaverage 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 weightedaverage dumping margins for the two 

non-responsive companies, Huvis and 

Down Nara, under section 776 of the 

Act and determined that the estimated 

weighted-average dumping margin for 

TCK 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 two dumping margins 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: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Toray Chemical Korea Inc ........ (*) 

Huvis Corporation ..................... 45.23 

Down Nara, Co., Ltd ................. 45.23 

All-Others .................................. 30.15 

* de minimis. 

Consistent with section 733(b)(3) of 

the Act, the Department disregards de 

minimis rates and preliminarily 

determines that the individually 

examined respondent with a de minimis 

rate did not sell 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 allothers rate, as follows: (1) The cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific 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 weightedaverage 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 weightedaverage dumping margin for TCK is 

zero, entries of shipments of subject 

merchandise produced and exported by 

TCK 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 produced and exported by 

TCK. Entries of shipments of subject 

merchandise from TCK in any other 

producer/exporter combination, or by 

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 weightedaverage dumping margin be zero or de 

minimis for subject merchandise 

exported and produced by TCK, 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 TCK in any other producer/ 

exporter combinations or by third 

parties that sourced subject 

merchandise from the excluded 

producer/exporter combinations. 

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 

TCK ’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 final 

verification report is issued in this 

proceeding, unless the Secretary alters 


daltland on DSKBBV9HB2PROD with NOTICES
662 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

9See Petitioner’s Letter, ‘‘Fine Denier Polyester 

Staple Fiber from India, the People’s Republic of 

China, the Republic of Korea, and Taiwan— 

Petitioners’ Request to Postpone the Antidumping 

Duty Preliminary Determinations,’’ dated October 

13, 2017. 

10See also 19 CFR 351.210(e). 

the time limit. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline 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. 

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 for a hearing 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 antidumping 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), TCK 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) Our 

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, we will make our 

final determination no later than 135 

days after the date of publication of this 

preliminary determination.10

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 fı`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 bicomponent 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 

Application of Adverse Facts Available 

(AFA) 

Corroboration of Secondary Information 

All-Others Rate 

Comparisons to Normal Value 

A. Determination of the Comparison 

Method 

B. Results of the Differential Pricing 

Analysis 

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 Analysis 

1. Calculation of COP 

2. Results of COP Test 

XII. Currency Conversion 

XIII. Verification 

XIV. Recommendation 

[FR Doc. 2017–28257 Filed 1–4–18; 8:45 am] 

BILLING CODE 3510–DS–P 

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. 


daltland on DSKBBV9HB2PROD with NOTICES