[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33906-33907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Polyester Staple Fiber From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyester staple
fiber (PSF) from Taiwan. The period of review (POR) is May 1, 2012,
through April 30, 2013. The review covers two producers/exporters of
the subject merchandise, Far Eastern New Century Corporation (FENC) and
Nan Ya Plastics Corporation (Nan Ya). We preliminarily find that FENC
has not sold subject merchandise at less than normal value and that Nan
Ya had no shipments during the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: June 13, 2013.
FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0180, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is PSF. The PSF subject to the
order is currently classifiable under subheadings 5503.20.00.40,
5503.20.00.45, 5503.20.00.60, and 5503.20.00.65 of the Harmonized
Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are
provided for convenience and customs purposes.\1\ The written
description is dispositive.
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\1\ A full description of the scope of the order is contained in
the memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Polyester Staple Fiber from Taiwan'' dated
concurrently with this notice (Preliminary Decision Memorandum),
which is hereby adopted by this notice.
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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 (IA ACCESS).
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov, and it is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
Nan Ya reported that it did not sell or export subject merchandise
to the United States during the POR.\2\ Based on record evidence, we
preliminarily find that Nan Ya had no shipments during the POR.
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\2\ See letter from Nan Ya to the Department, ``Antidumping Duty
Administrative Review on Polyester Staple Fiber from Taiwan for the
period from May 1, 2012 to April 30, 2013'' (August 8, 2013).
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Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. Normal value
is calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for FENC for the
period May 1, 2012, through April 30, 2013.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c),
interested parties may submit cases briefs not later than 30 days after
the date of publication of this notice. 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.\3\ 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.\4\
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\3\ See 19 CFR 351.309(d).
\4\ Id., and 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, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by
[[Page 33907]]
the Department's electronic records system, IA ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\5\ 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.
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\5\ See 19 CFR 351.310(c).
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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, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If FENC's weighted-
average dumping margin is not zero or de minimis in the final results
of this review, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for an
importer's examined sales and the total entered value of such sales in
accordance with 19 CFR 351.212(b)(1). If FENC's weighted-average
dumping margin is zero or de minimis in the final results of review, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \6\ If an importer-specific assessment rate
is zero or de minimis, then the Department will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
in accordance with 19 CFR 351.106(c)(2).
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\7\ This clarification will apply to entries of subject
merchandise during the POR produced by FENC for which it did not know
its merchandise was destined for the United States. In such instances,
we will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
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\7\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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Consistent with the Assessment Policy Notice, if we continue to
find that Nan Ya had no shipments of subject merchandise to the United
States in the final results of this review, we intend to instruct CBP
to liquidate any existing entries of merchandise produced by Nan Ya and
exported by other parties at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of PSF from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for FENC will
be equal to the weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recent period for which there is a completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the manufacturer is,
the cash deposit rate will be the rate established for the most recent
period for which there is a completed segment for the manufacturer of
the merchandise; (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 7.31 percent.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ The all-others rate established in the Notice of Amended
Final Determination of Sales at Less Than Fair Value: Certain
Polyester Staple Fiber From the Republic of Korea and Antidumping
Duty Orders: Certain Polyester Staple Fiber From the Republic of
Korea and Taiwan, 65 FR 33807 (May 25, 2000).
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Notification to Importers
This notice 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: June 9, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No Shipments
E. Discussion of the Methodology
1. Fair Value Comparisons
2. Product Comparisons
3. Determination of Comparison Method
4. Results of the Differential Pricing Analysis
5. Date of Sale
6. Export Price
7. Normal Value
a. Home Market Viability as Comparison Market
b. Level of Trade
c. Cost of Production
(1) Calculation of Cost of Production
(2) Test of Comparison Market Sales Prices
(3) Results of the Cost of Production Test
d. Calculation of Normal Value Based on Comparison Market Prices
8. Currency Conversion
F. Recommendation
[FR Doc. 2014-13892 Filed 6-12-14; 8:45 am]
BILLING CODE 3510-DS-P