[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37627-37629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13494]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-895]


Low Melt Polyester Staple Fiber From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the sole producer/exporter subject to this administrative review 
made sales of subject merchandise at less than normal value (NV). 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable June 23, 2020.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Melissa Kinter, 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) 482-4682 or (202) 
482-1413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2019, based on a timely request for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on low melt polyester staple fiber (low melt PSF) from the 
Republic of Korea (Korea).\1\ The period of review (POR) is February 1, 
2018 through July 31, 2019, and covers one producer and exporter of the 
subject merchandise, Toray Advanced Materials Korea, Inc. (TAK).\2\ On 
April

[[Page 37628]]

24, 2020, Commerce tolled all deadlines in administrative reviews by 50 
days, thereby extending the deadline for these results until June 22, 
2020.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019).
    \2\ On August 28, 2019, Commerce determined that TAK is the 
successor-in-interest to Toray Chemical Korea, Inc. See Low Melt 
Polyester Staple Fiber from the Republic of Korea: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 84 FR 
45129 (August 28, 2019).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Administrative Review of the Antidumping 
Duty Order on Low Melt Polyester Staple Fiber from the Republic of 
Korea,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to this order is synthetic staple fibers, 
not carded or combed, specifically bi-component polyester fibers having 
a polyester fiber component that melts at a lower temperature than the 
other polyester fiber component (low melt PSF). The scope includes bi-
component polyester staple fibers of any denier or cut length. The 
subject merchandise may be coated, usually with a finish or dye, or not 
coated.
    Low melt PSF is classifiable under the Harmonized Tariff Schedule 
of the United States (HTSUS) subheading 5503.20.0015. Although the 
HTSUS subheading is provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are calculated in accordance 
with section 772 of the Act. NV is calculated in accordance with 
section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://enforcement.trade .gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as an appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for TAK for the period 
February 1, 2018 through July 31, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Toray Advanced Materials Korea, Inc........................        2.60
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\5\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\6\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\7\ 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.\8\ Case and rebuttal 
briefs should be filed using ACCESS.\9\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c).
    \7\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\10\ Hearing 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 issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\11\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    An electronically filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until July 17, 2020, unless extended.\12\
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    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 29615 (May 18, 2020).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\13\
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    \13\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\14\
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    \14\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of their U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where the respondent 
did not report entered value, we calculated the entered value in order 
to calculate the assessment rate. Where either the respondent's 
weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. We intend to instruct CBP 
to take into account the ``provisional measures deposit cap,'' in 
accordance with 19 CFR 351.212(d).
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.
    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by TAK for which it did not know 
that the merchandise it sold to an intermediary

[[Page 37629]]

(e.g., a reseller, trading company, or exporter) 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.\15\ The all-
others rate is 16.27 percent.\16\
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    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
    \16\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752, 40753 
(August 16, 2018).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for TAK will be 
equal to the weighted-average dumping margin established in the final 
results of this review, except if the rate is less than 0.50 percent 
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for companies not 
participating in this review, the cash deposit rate will continue to be 
the company-specific cash deposit rate published for the most recently 
completed segment; (3) if the exporter is not a firm covered in this 
review, or the original less-than-fair-value (LTFV) investigation, but 
the producer is, then the cash deposit rate will be the cash deposit 
rate established for the most recently completed segment for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 16.27 percent, the 
all-others rate established in the LTFV investigation.\17\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ Id.
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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 Commerce'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 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2020-13494 Filed 6-22-20; 8:45 am]
BILLING CODE 3510-DS-P