[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Page 45124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18559]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Certain Polyester Staple Fiber From the Republic of Korea: Notice
of Final Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2019, the Department of Commerce (Commerce)
initiated, and published the preliminary results of, the changed
circumstances review (CCR) of the antidumping duty (AD) order on
certain polyester staple fiber (PSF) from the Republic of Korea
(Korea). For these final results, Commerce continues to find that Toray
Advanced Materials Korea, Inc. (TAK) is the successor-in-interest to
Toray Chemical Korea, Inc. (TCK).
DATES: Applicable August 28, 2019.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2019, TAK requested that, pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b),
Commerce conduct a CCR of the AD order on PSF from Korea.\1\ In its
request, TAK argued that it is the successor-in-interest to its wholly-
owned subsidiary TCK and, accordingly, Commerce should assign it the
cash deposit rate established for TCK.\2\ TAK stated that, in April
2019, TAK merged with TCK and, as a result of the merger, TAK assumed
all of TCK's assets, rights, and liabilities.\3\
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\1\ See TAK's Letter, ``Certain Polyester Staple Fiber from the
Republic of Korea: Changed Circumstances Review Request,'' May 23,
2019, at 1-2.
\2\ Id.
\3\ Id. at 2.
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On July 12, 2019, Commerce initiated this CCR and concurrently
published the notice of preliminary results, determining that TAK is
the successor-in-interest to TCK.\4\ In the Initiation and Preliminary
Results, we provided all interested parties an opportunity to comment
and to request a public hearing regarding our preliminary finding that
TAK is the successor-in-interest to TCK.\5\ We received no comments or
requests for a public hearing from interested parties within the time
period set forth in the Initiation and Preliminary Results.\6\
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\4\ See Certain Polyester Staple Fiber from the Republic of
Korea: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 84 FR 33230 (July 12, 2019)
(Initiation and Preliminary Results).
\5\ Id., 84 FR at 33232.
\6\ Id.
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Scope of the Order
The product covered by the order 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.\7\
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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\7\ These HTSUS numbers have been revised to reflect changes in
the HTSUS numbers at the suffix level.
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Final Results of Changed Circumstances Review
For the reasons stated in the Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, Commerce continues to find that TAK is the successor-in-
interest to TCK. As a result of this determination and consistent with
established practice, we find that TAK should receive the cash deposit
rate assigned to TCK. Consequently, Commerce will instruct U.S. Customs
and Border Protection to suspend entries of subject merchandise
produced or exported by TAK at TCK's current cash deposit rate of 2.13
percent.\8\ This cash deposit requirement will be effective on the
publication date of our final results and shall remain in effect until
further notice.
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\8\ See Notice of Amended Final Results of Antidumping Duty
Administrative Review: Certain Polyester Staple Fiber from Korea, 69
FR 67891, 67891 (November 22, 2004) (providing weighted-average
dumping margin for Saehan Industries, Inc. (Saehan). Commerce
determined that Woongjin Chemical Co., Ltd. was the successor-in-
interest to Saehan. See Notice of Final Results of Changed
Circumstances Antidumping Duty Review: Certain Polyester Staple
Fiber from the Republic of Korea, 73 FR 49168 (August 20, 2008).
Commerce determined that TCK was the successor-in-interest to
Woongjin Chemical Co., Ltd. See Certain Polyester Staple Fiber from
the Republic of Korea: Final Results of Changed Circumstances
Review, 79 FR 76301 (December 22, 2014).
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Notification to Interested Parties
We are issuing this determination and publishing these final
results and notice in accordance with sections 751(b)(1) and 777(i)(1)
and (2) of the Act and 19 CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: August 22, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-18559 Filed 8-27-19; 8:45 am]
BILLING CODE 3510-DS-P