Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 51387 

8See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011) and the 

‘‘Assessment Rates’’ section, below. 9See 19 CFR 351.212(b)(1). 10See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

11See Utility Scale Wind Towers from the 

Socialist Republic of Vietnam: Notice of Court 

Decision Not in Harmony with the Final 

Determination of Less Than Fair Value 

Investigation and Notice of Amended Final 

Determination of Investigation, 82 FR 15493 (March 

29, 2017) (Timken Notice). 

12See 19 CFR 351.309(c)(ii). 

13See 19 CFR 351.309(d). 

14See 19 CFR 351.309(c)(2) and (d)(2). 

15See 19 CFR 351.303. 

16See 19 CFR 351.310(c). 

1See Fine Denier Polyester Staple Fiber from 

India and the People’s Republic of China: Initiation 

of Countervailing Duty Investigations, 82 FR 29028 

(June 27,2017) (Initiation Notice). 

2See Fine Denier Polyester Staple Fiber from the 

People’s Republic of China and India: 

Postponement of Preliminary Determinations in the 

Countervailing Duty Investigations, 82 FR 37048 

(August 8, 2017). 

Consistent with an announced 

refinement to its assessment practice in 

non-market economy cases, the 

Department is not rescinding this 

review but intends to complete the 

review with respect to CS Wind Group 

for which it has preliminarily found no 

shipments and issue appropriate 

instructions to CBP based on the final 

results of the review.8

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.9 The Department intends to 

issue assessment instructions to CBP 15 

days after the publication date of the 

final results of this review. For entries 

of subject merchandise during the POR 

produced but not exported or exported 

but not produced by CS Wind Group, 

we will instruct CBP to liquidate 

unreviewed entries at the Vietnam-wide 

rate if there was no rate for the 

intermediate company or companies 

involved in the transaction.10 For 

entries of subject merchandise during 

the POR produced and exported by CS 

Wind Group, these entries continue to 

be excluded from the order and will 

remain enjoined pursuant to the terms 

of the injunction during the pendency of 

any appeals process.11

Additionally, for the companies for 

which this review is rescinded, 

antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 351.212(c)(l)(i). 

The Department intends to issue 

appropriate assessment instructions to 

CBP 15 days after publication of this 

notice. 

Disclosure and Public Comment 

Pursuant to 19 CFR 351.309(c), 

interested parties may submit case briefs 

no later than 30 days after the date of 

publication of this notice.12 Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed not later than 

five days after the date for filing case 

briefs.13 Parties who submit case briefs 

or rebuttal briefs in this proceeding 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.14 Case and 

rebuttal briefs should be filed using 

ACCESS.15 In order to be properly filed, 

ACCESS must successfully receive an 

electronically-filed document in its 

entirety by 5 p.m. Eastern Time on the 

date on which it is due. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Enforcement and Compliance, filed 

electronically via ACCESS, within 30 

days after the date of publication of this 

notice.16 Requests should contain: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of issues to be 

discussed. Issues raised in the hearing 

will be limited to those raised in the 

respective case briefs. 

The Department intends to issue the 

final results of this administrative 

review, including the results of its 

analysis of the issues raised in any 

written briefs, not later than 120 days 

after the date of publication of this 

notice, unless extended, pursuant to 

section 751(a)(3)(A) of the Act. 

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 this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: October 31, 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. 

[FR Doc. 2017–24080 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–876] 

Fine Denier Polyester Staple Fiber 

From India: Preliminary Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of fine denier 

polyester staple fiber (fine denier PSF) 

from India. The period of investigation 

is January 1, 2016, through December 

31, 2016. 

DATES: Applicable November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Trisha Tran or Eli Lovely, 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) 482–4852 or (202) 482–1593, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(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 August 8, 2017, 

the Department postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now October 30, 2017.2 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 


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51388 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination of the 

Countervailing Duty Investigation of Fine Denier 

Polyester Staple Fiber from India,’’ 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. 

6Letter from from David C. Poole Company Inc., 

‘‘Fine Denier Polyester Staple Fiber from the 

People’s Republic of China, India, the Republic of 

Korea, Taiwan, and Vietnam; Scope Comments,’’ 

dated July 10, 2017; Letter from Suominen 

Corporation, ‘‘Fine Denier Polyester Staple Fiber 

from the People’s Republic of China, India, the 

Republic of Korea, Taiwan, and the Socialist 

Republic of Vietnam,’’ dated July 10, 2017; Letter 

from Consolidated Fibers, Inc., ‘‘Fine Denier 

Polyester Staple Fiber from the People’s Republic 

of China, India, the Republic of Korea, Taiwan, and 

the Socialist Republic of Vietnam—Scope 

Comments,’’ dated July 10, 2017; Letter from 

Reliance, ‘‘Fine Denier Polyester Staple Fiber from 

the People’s Republic of China, India, the Republic 

of Korea, Taiwan, and the Socialist Republic of 

Vietnam: Reliance Industries, Ltd.’s Comments 

Regarding the Scope of the Investigation,’’ dated 

July 10, 2017; Letter from the petitioners, ‘‘Fine 

Denier Polyester Staple Fiber from the People’s 

Republic of China, India, the Republic of Korea, 

Taiwan, and the Socialist Republic of Vietnam— 

Petitioners’ Scope Comments,’’ dated July 12, 2017; 

Letter from the petitioners, ‘‘Fine Denier Polyester 

Staple Fiber from the People’s Republic of China, 

India, the Republic of Korea, Taiwan, and the 

Socialist Republic of Vietnam—Petitioners’ Rebuttal 

Scope Comments to the Importers’ Scope Exclusion 

Requests,’’ dated July 12, 2017. 

7See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

8See sections 776(a) and (b) of the Act. 

9With two respondents under examination, the 

Department normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sale quantities for the 

merchandise under consideration. The Department 

then compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. See, e.g., Ball 

Bearings and Parts Thereof from France, Germany, 

Italy, Japan, and the United Kingdom: Final Results 

of Antidumping Duty Administrative Reviews, Final 

Results of Changed-Circumstances Review, and 

Revocation of an Order in Part, 75 FR 53661, 53663 

(September 1, 2010). As complete publicly ranged 

sales data was available, the Department based the 

all-others rate on the publicly ranged sales data of 

the mandatory respondents. For a complete analysis 

of the data, please see the All-Others’ Rate 

Calculation Memorandum. 

Memorandum.3 A list of topics 

discussed 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 http://

access.trade.gov, and is available 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 electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

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, as well as 

additional language proposed by the 

Department.6 The Department intends 

to issue its preliminary decision 

regarding comments concerning the 

scope of the antidumping duty (AD) and 

countervailing duty (CVD) 

investigations in the preliminary 

determination of the companion AD 

investigation. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, the 

Department preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.7

The Department notes that, in making 

these findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to the 

Department’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.8 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, the Department shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, the Department 

calculated individual estimated 

countervailable subsidy rates for 

Bombay Dyeing & Manufacturing 

Company Limited (Bombay Dyeing) and 

Reliance Limited Industries (Reliance) 

that are not zero, de minimis, or based 

entirely on facts otherwise available. 

The Department calculated the allothers’ rate using a weighted average of 

the individual estimated subsidy rates 

calculated for the examined respondents 

using each company’s publicly-ranged 

values for the merchandise under 

consideration.9

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent) 

Bombay Dyeing & Manufacturing Company Limited .... 7.18 

Reliance Industries Limited .. 9.86 

All-Others .............................. 9.37 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (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 the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), the Department will instruct 

CBP to require a cash deposit equal to 

the rates indicated above. 

Disclosure 

The Department intends to disclose 

its calculations and analysis performed 

to interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date 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 

the information relied upon in making 

its final determination. 


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10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

1See Antidumping Duty Order; Tapered Roller 

Bearings and Parts Thereof, Finished or Unfinished, 

from the People’s Republic of China, 52 FR 22667 

(June 15, 1987), as amended by Tapered Roller 

Bearings from the People’s Republic of China; 

Amendment to Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty Order in 

Accordance With Decision Upon Remand, 55 FR 

6669 (February 26, 1990) (Order). 

2See Initiation of Five-Year (Sunset) Reviews, 82 

FR 80844 (July 3, 2017). 

3See Timken’s Letter, ‘‘Fourth Sunset Review of 

the Antidumping Order on Tapered Roller Bearings 

from China (A–570–601): Notice of Intent to 

Participate of the Timken Company,’’ dated July 10, 

2017. 

4See Timken’s Letter, ‘‘Sunset Review (4th 

Review) pursuant to Section 751(c) of the Tariff Act 

of 1930 of the antidumping duty order on Tapered 

Roller Bearings from China (Case No. A–570–601) 

Substantive Response to the Notice of Initiation,’’ 

dated August 2, 2017. 

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. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.10

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 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. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its 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. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: October 30, 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 fine denier polyester staple 

fiber (fine denier PSF), not carded or combed, 

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 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. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Injury Test 

VI. Subsidies Valuation 

VII. Benchmarks and Discount Rates 

VIII. Use of Facts Otherwise Available and 

Adverse Inferences 

IX. Analysis of Programs 

X. Calculation of the All-Others Rate 

XI. ITC Notification 

XII. Disclosure and Public Comment 

XIII. Verification 

XIV. Conclusion 

[FR Doc. 2017–24078 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–601] 

Tapered Roller Bearings and Parts 

Thereof, Finished and Unfinished, 

From the People’s Republic of China: 

Final Results of the Expedited Fourth 

Sunset Review of the Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of this sunset 

review, the Department of Commerce 

(the Department) finds that revocation 

of the antidumping duty (AD) order on 

tapered roller bearings and parts thereof, 

finished and unfinished (TRBs) from the 

People’s Republic of China (PRC) would 

be likely to lead to continuation or 

recurrence of dumping. The magnitude 

of the dumping margin likely to prevail 

is indicated in the ‘‘Final Results of 

Sunset Review’’ section of this notice. 

DATES: Applicable November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Whitley Herndon; Office II, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 

(202) 482–6274. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 15, 1987, the Department 

published the AD order on TRBs from 

the PRC.1 On July 3, 2017, the 

Department initiated the fourth sunset 

review of the AD order on TRBs from 

the PRC pursuant to section 751(c) of 

the Tariff Act of 1930, as amended 

(Act).2 On July 10, 2017, the Department 

received a timely notice of intent to 

participate in the sunset review from the 

Timken Company (Timken), a domestic 

producer and the petitioner in the TRBs 

less-than-fair-value investigation, within 

the 15-day period specified in 19 CFR 

351.218(d)(1)(i).3 On August 2, 2017, 

Timken filed a timely substantive 

response with the Department pursuant 

to 19 CFR 351.218(d)(3)(i).4 The 

Department did not receive a 

substantive response from any 

respondent interested party. As a result, 

pursuant to section 751(c)(3)(B) of the 

Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 


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