[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43395-43396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17495]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Preliminary Results of the 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 certain
polyester staple fiber from the People's Republic of China (``PRC'').
The period of review (``POR'') is June 1, 2012, through May 31, 2013.
The Department preliminarily determines that Takayasu Industrial
(Jiangyin) Co., Ltd. (``Takayasu'') did not sell subject merchandise in
the United States at prices below normal value (``NV'') during the POR
June 1, 2012, through May 31, 2013. If these preliminary results are
adopted in our final results of review, we will instruct U.S. Customs
and Border Protection (``CBP'') to liquidate the appropriate entries
without regard to antidumping duties. Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain polyester staple
fiber.\1\ The product is currently classified under the Harmonized
Tariff Schedule of the United States (``HTSUS'') numbers 5503.20.0045
and 5503.20.0065. Although the HTSUS numbers are provided for
convenience and customs purposes, the written description of the scope
of the order remains dispositive.
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\1\ See Decision Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, entitled ``Preliminary Results and Rescission in Part of
2011-2012 Antidumping Duty Administrative Review: Certain Polyester
Staple Fiber from the People's Republic of China'' (Preliminary
Decision Memorandum) issued concurrently with this notice for a
complete description of the Scope of the Order.
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of the topics included in the
Preliminary Decision Memorandum is attached as an appendix 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 (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and it is available to all parties in the Central
Records Unit (``CRU''), 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/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the period June 1, 2012,
through May 31, 2013:
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Weighted-
average
Exporter dumping margin
(%)
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Takayasu Industrial (Jiangyin) Co., Ltd................. 0.00
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Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review 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 no 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.\2\ 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.\3\ Case and rebuttal briefs should be filed using IA
ACCESS.\4\ An electronically filed document must be received
successfully in its entirety by 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.
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\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.309(c)(2) and (d)(2).
\4\ See 19 CFR 351.303.
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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. 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
[[Page 43396]]
after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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.\5\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\5\ See 19 CFR 351.212(b)(1).
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For any individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem antidumping
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\6\ We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis. Where either the respondent's weighted-average dumping margin
is zero or de minimis, or an importer-specific assessment rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\6\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For the PRC-wide entity, we will instruct CBP to assess antidumping
duties at an ad valorem rate as appropriate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results, as provided by sections 751(a)(2)(C) of the Act: (1) For
Takayasu, which at the outset of this review was not eligible for a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is de minimis, where
the cash deposit rate will be zero); (2) For previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in a prior completed segment of this proceeding, the cash
deposit rate will continue to be the existing exporter-specific cash
deposit rate published for the most recently completed period; (3) for
all PRC 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 PRC-wide entity, 44.30 percent; \7\ and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\7\ See Final Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690, 19693 (April 19, 2007).
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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 Department'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: July 16, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Summary
a. Case History
b. Scope of the Order
2. Discussion of the Methodology
a. Non-Market Economy Status
b. Separate Rates
c. Surrogate Country
d. Date of Sale
e. Fair Value Comparisons
i. Determination of Comparison Method
ii. Results of the Differential Pricing Analysis
f. U.S. Price
i. Export Price
ii. Value Added Tax
g. Normal Value
h. Factor Valuations
i. Currency Conversion
3. Recommendation
[FR Doc. 2014-17495 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P