51396 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 

1See Fine Denier Polyester Staple Fiber from 

India and the People’s Republic of China: Initiation 

of Countervailing Duty Investigations, 82 FR 29029 

(June 27, 2017) (Initiation Notice). 

2See Fine Denier Polyester Staple Fiber from the 

People’s Republic of China and India: 

Postponement of Preliminary Determination in the 

Countervailing Duty Investigations, 82 FR 37048 

(August 8, 2017). 

3See Decision Memorandum for the Preliminary 

Affirmative Determination: Countervailing Duty 

Investigation of Fine Denier Polyester Staple Fiber 

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

6See 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. 

7See sections 776(a) and (b) of the Act. 

8As discussed in the Preliminary Decision 

Memorandum, the Department has found the 

following companies to be cross-owned with 

Jiangyin Hailun Chemical Fiber Co. Ltd.: Jiangyin 

Bolun Chemical Fiber Co., Ltd. (Bolun); Jiangyin 

Fenghua Synthetic Fiber Co., Ltd. (Fenghua); 

Jiangsu Hailun Petrochemicals Co., Ltd. (Hailun 

Petrochemical); Jiangyin Huamei Special Fiber Co., 

Ltd. (Huamei); Jiangyin Huasheng Polymerization 

Co., Ltd. (Huasheng); Jiangyin Huaxing Synthetic 

Co., Ltd. (Huaxing); Jiangying Huayi Polymerization 

Co., Ltd. (Huayi); Jiangsu Sanfangxiang Group Co., 

Ltd. (Sanfangxiang Group); Jiangsu Sanfangxiang 

International Trading Co., Ltd. (Sanfangxiang 

Trading); Sanhai International Trading PTE Ltd. 

(Sanhai); Jiangyin Xingsheng Plastic Co., Ltd. 

(Xingsheng Plastic); Jiangyin Xingtai New Material 

Co., Ltd. (Xingtai); Jiangsu Xingye Plastic Co., Ltd. 

(Xingye Plastic); Jiangsu Xingye Polytech Co., Ltd. 

(Xingye Polytech); Jiangyin Xingyu New Material 

Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber 

Co., Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power 

Co., Ltd. (Xinyuan Thermal); and Jiangyin Yunlun 

Chemical Fiber Co., Ltd. (Yunlun). 

9As discussed in the Preliminary Decision 

Memorandum, the Department has found Jiangsu 

Huahong Industrial Group Co., Ltd. to be crossowned with Jiangyin Huahong Chemical Fiber Co. 

Ltd.; Jiangyin Hongkai Chemical Fiber Co., Ltd. 

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. 2017–24072 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–061] 

Fine Denier Polyester Staple Fiber 

From the People’s Republic of China: 

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 the People’s Republic of China 

(PRC). The period of investigation is 

January 1, 2016, through December 31, 

2016. 

DATES: Applicable November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Bordas or Davina Friedmann, 

AD/CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 

(202) 482–3813 or (202) 482–0698, 

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 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 the 

PRC. 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. 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.6

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.7 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. 

Notwithstanding the language of section 

705(c)(5)(A)(i) of the Act, we have not 

calculated the ‘‘all-others’’ rate by 

weight-averaging the rates of the two 

individually investigated respondents, 

because doing so risks disclosure of 

proprietary information. Therefore, for 

the ‘‘all-others’’ rate, we calculated a 

simple average of the two responding 

companies’ rates. 

Preliminary Determination 

The Department preliminarily 

determines that thefollowing estimated 

countervailable subsidy rates exist: 


Pmangrum on DSK3GDR082PROD with NOTICES
Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 51397 

(Hongkai); Jiangyin Huahong International Trade 

Co., Ltd. (Huahong International Trade); and 

Jiangyin Huakai Polyesterer Co., Ltd. (Huakai). 

10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

Company Subsidy rate 

(percent) 

Jiangyin Hailun Chemical 

Fiber Co. Ltd 8 ................... 41.73 

Jiangyin Huahong Chemical 

Fiber Co. Ltd 9 ................... 47.64 

All-Others .............................. 44.69 

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. 

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, 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 an 

outer, 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 

investigations 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. Application of the CVD Law to Imports 

From the PRC 

VII. Subsidies Valuation 

VIII. Benchamrks and Interest Rates 

IX. Use of Facts Otherwise Available and 

Adverse Inferences 

X. Analysis of Programs 

XI. ITC Notification 

XII. Disclosure and Public Comment 

XIII. Verification 

XIV. Conclusion 

[FR Doc. 2017–24079 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF734 

Marine Mammals; File No. 20626 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

James H.W. Hain, Ph.D., Box 721, 

Woods Hole, MA 02543, has applied in 

due form for a permit to conduct 

research on North Atlantic right 

(Eubalaena glacialis) and humpback 

(Megaptera novaeangliae) whales. 

DATES: Written, telefaxed, or email 

comments must be received on or before 

December 6, 2017. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the ‘‘Features’’ box on 

the Applications and Permits for 

Protected Species (APPS) home page, 

https://apps.nmfs.noaa.gov, and then 

selecting File No. 20626 from the list of 

available applications. 

These documents are also available 

upon written request or by appointment 

in the Permits and Conservation 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 427–8401; fax (301) 713–0376. 

Written comments on this application 

should be submitted to the Chief, 

Permits and Conservation Division, at 

the address listed above. Comments may 

also be submitted by facsimile to (301) 

713–0376, or by email to 


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