[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51055-51056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17920]


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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: 
Continuation of the Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on polyester staple 
fiber (PSF) from the Republic of Korea (Korea) and Taiwan would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, Commerce is publishing a notice of 
continuation of these AD orders.

DATES: Applicable August 19, 2022.

FOR FURTHER INFORMATION CONTACT: Theodore Pearson, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2631.

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2000, Commerce published the Orders on PSF from Korea

[[Page 51056]]

and Taiwan.\1\ On January 3, 2022, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act), Commerce published the 
initiation of the fourth sunset reviews of the Orders and the ITC 
instituted its review of the Orders.\2\
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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); see also Certain Polyester Staple Fiber from Korea: Notice 
of Amended Final Determination and Amended Order Pursuant to Final 
Court Decision, 68 FR 74552 (December 24, 2003).
    \2\ See Initiation Notice of Five-Year (Sunset) Reviews, 87 FR 
76 (January 3, 2022); see also Polyester Staple Fiber from Korea and 
Taiwan; Institution of Five-Year Reviews, 87 FR 119 (January 3, 
2022).
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    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of dumping. Commerce, 
therefore, notified the ITC of the magnitude of the margins of dumping 
rates likely to prevail should these Orders be revoked.\3\
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    \3\ See Polyester Staple Fiber the Republic of Korea, and 
Taiwan: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 87 FR 27567 (May 9, 2022), and accompanying 
Issues and Decision Memorandum.
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    On August 12, 2022, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to the continuation or recurrence of material injury 
to an industry in the United States within a reasonably foreseeable 
time.\4\
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    \4\ See Certain Polyester Staple Fiber from South Korea and 
Taiwan, 87 FR 49886 (August 12, 2022); see also Certain Polyester 
Staple Fiber from South Korea and Taiwan, Investigation Nos. 731-TA-
825-826 (Fourth Review), USITC Pub. 5341 (August 2022).
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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 polyester fiber having a 
polyester fiber component that melts at a lower temperature than the 
other polyester fiber component.
    The merchandise subject to these Orders is currently classifiable 
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the Orders 
is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Orders. The U.S. Customs 
and Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
reviews of the Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-17920 Filed 8-18-22; 8:45 am]
BILLING CODE 3510-DS-P