[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85586-85587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28754]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-895]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that the sole 
producer/exporter subject to this administrative review made sales of 
subject merchandise at less than normal value during the period of 
review (POR), February 1, 2018 through July 31, 2019.

DATES: Applicable December 29, 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

    The review covers one producer and exporter of the subject 
merchandise, Toray Advanced Materials Korea, Inc. (TAK).\1\
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    \1\ 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).
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    On June 23, 2020, Commerce published the Preliminary Results.\2\ 
Although we invited parties to comment on the preliminary results of 
the review,\3\ no interested party submitted comments. Accordingly, no 
decision memorandum accompanies this Federal Register notice.\4\ On 
July 21, 2020, Commerce tolled all deadlines in administrative reviews 
by an additional 60 days.\5\ The deadline for the final results of this 
review is now December 21, 2020.
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    \2\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2018-2019, 85 FR 37627 (June 23, 2020) (Preliminary 
Results).
    \3\ Id., 85 FR at 37628.
    \4\ For further details of the issues addressed in this 
proceeding, see Preliminary Results and accompanying Preliminary 
Decision Memorandum.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    Commerce conducted this administrative review in accordance

[[Page 85587]]

with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the order includes 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.

Final Results of the Review

    We are assigning the following weighted-average dumping margin to 
TAK for the period February 1, 2018 through July 31, 2019, as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Toray Advanced Materials Korea, Inc........................        2.60
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Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
    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.\6\
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    \6\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' 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 (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.\7\ The all-others rate is 
16.27 percent.\8\
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
    \8\ 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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    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 the rate shown 
above; (2) for previously reviewed or investigated companies not 
participating in this review, the cash deposit rate will continue to be 
the company-specific rate published for the most recently-completed 
segment; (3) if the exporter is not a firm covered in this review, a 
previous review, or the original less-than-fair value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent segment for the manufacturer 
of the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 16.27 percent, the all-
others rate made effective by the LTFV investigation.\9\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ Id.
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Notification to Importers

    This notice serves as a final 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.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act.

    Dated: December 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-28754 Filed 12-28-20; 8:45 am]
BILLING CODE 3510-DS-P