[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11678-11679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


Polyester Staple Fiber From the Republic of Korea and Taiwan: 
Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Antidumping Duty Orders in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based upon a request from DAK Americas, LLC, Nan Ya Plastics 
Corporation, America, Auriga Polymers, and Palmetto Synthetics LLC 
(i.e., the domestic producers), the Department of Commerce (Commerce) 
is initiating changed circumstances reviews to consider the possible 
revocation, in part, of the antidumping duty (AD) orders on polyester 
staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan with 
respect to low-melt PSF.

DATES: Applicable March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski, 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 25, 2000, Commerce published the AD orders on PSF from Korea 
and Taiwan.\1\ On December 8, 2017, the domestic producers requested 
that Commerce conduct changed circumstances reviews pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.216(b) with respect to any coarse denier low-melt PSF that may be 
currently covered by the Orders to avoid any potential overlap in 
coverage between the Orders and the pending less-than-fair-value 
investigations of low-melt polyester staple fiber from Korea and 
Taiwan.\2\ We received no comments from other interested parties.
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    \1\ See 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) 
(Orders).
    \2\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 
82 FR 34277 (July 24, 2017); see also Low Melt Polyester Staple 
Fiber from the Republic of Korea: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, in Part, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 4906 (February 2, 2018).
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Scope of the Orders

    The product covered by the orders is certain polyester staple fiber 
(PSF). PSF is defined as synthetic staple fibers, not carded, combed or 
otherwise processed for spinning, of polyesters measuring 3.3 decitex 
(3 denier, inclusive) or more in diameter. This merchandise is cut to 
lengths varying from one inch (25 mm) to five inches (127 mm). The 
merchandise subject to these orders may be coated, usually with a 
silicon or other finish, or not coated. PSF is generally used as 
stuffing in sleeping bags, mattresses, ski jackets, comforters, 
cushions, pillows, and furniture. Merchandise of less than 3.3 decitex 
(less than 3 denier) currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) at subheading 5503.20.00.25 is 
specifically excluded from these orders. Also specifically excluded 
from these orders are polyester staple fibers of 10 to 18 denier that 
are cut to lengths of 6 to 8 inches (fibers used in the manufacture of 
carpeting). In addition, low-melt PSF is excluded from these orders. 
Low-melt PSF is defined as a bi-component fiber with an outer sheath 
that melts at a significantly lower temperature than its inner core.
    The merchandise subject to these orders is currently classifiable 
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.\3\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the orders 
is dispositive.
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    \3\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
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Proposed Revocation of the Orders

    The domestic producers propose that the Orders be revoked with 
respect to coarse denier low-melt PSF. Should Commerce determine to 
revoke the Orders, in part, the domestic producers propose that 
Commerce replace the language currently in the scope, ``{i{time} n 
addition, low-melt PSF is excluded from these orders. Low-melt PSF is 
defined as a bi-component fiber with an outer sheath that melts at a 
significantly lower temperature than its inner core,'' with the 
following language: ``{i{time} n addition, low-melt PSF is excluded 
from these orders. Low-melt PSF is defined as a bi-component polyester 
fiber having a polyester fiber component that melts at a lower 
temperature than the other polyester fiber component.''

Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Orders, in Part

    Pursuant to section 751(b)(1) of the Act, Commerce will conduct a 
changed circumstances review upon receipt of a request an interested 
party that shows changed circumstances sufficient to warrant a review 
of an order.\4\ In accordance with 19 CFR 351.216(d), Commerce 
determines that the information submitted by the domestic producers 
constitutes sufficient evidence to conduct changed circumstances 
reviews of the Orders.
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    \4\ See 19 CFR 351.216.
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
Commerce determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation 
and preliminary results. In its administrative practice, Commerce has 
interpreted ``substantially all'' to mean producers accounting for at 
least 85 percent of the total U.S. production of the domestic like 
product covered by the order.\5\
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    \5\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    The domestic producers did not submit any documentation supporting 
their claim that they account for substantially all of the domestic 
production of PSF. We are providing interested parties with the 
opportunity to address the issue of domestic industry support with 
respect to this requested partial revocation of the orders, as 
explained below. After examining comments, if any, concerning domestic 
industry support, Commerce will issue the preliminary results of these 
changed circumstances reviews.

[[Page 11679]]

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these changed circumstances reviews, including 
comments concerning industry support. Comments and factual information 
may be submitted to Commerce no later than ten days after the date of 
publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with Commerce no later than seven days after 
the comments and/or factual information are filed.\6\ All submissions 
must be filed electronically using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS).\7\ An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on 
the due dates set forth in this notice.
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    \6\ Submission of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \7\ See, generally, 19 CFR 351.303.
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Preliminary and Final Results of the Review

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of the antidumping duty changed circumstances 
review in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which 
will set forth Commerce's preliminary factual and legal conclusions. 
Commerce will issue its final results of the changed circumstances 
review in accordance with the time limits set forth in 19 CFR 
351.216(e).

    Dated: March 12, 2018.
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. 2018-05373 Filed 3-15-18; 8:45 am]
 BILLING CODE 3510-DS-P