[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54456-54458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19194]


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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; 2020-
2021

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

SUMMARY: The U.S. 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) during the period of review (POR) August 1, 2020, 
through July 31, 2021. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable September 6, 2022.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Melissa Porpotage, 
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, 2021, based on a timely request for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty (AD) order \1\ on low melt polyester 
staple fiber (low melt PSF) from the Republic of Korea (Korea).\2\ The 
review covers one producer/exporter of the subject merchandise, Toray 
Advanced Materials Korea, Inc. (TAK). On April 20, 2022, Commerce 
extended the preliminary results of this review by 120 days, until 
August 31, 2022.\3\ For a complete

[[Page 54457]]

description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
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    \1\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16, 
2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811, 55814 (October 7, 2021).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
April 20, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 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 sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is 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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx.

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 
August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                   Exporter/producer                     dumping  margin
                                                             (percent)
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Toray Advanced Materials Korea, Inc....................            1.89
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Disclosure

    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\
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    \5\ See 19 CFR 351.224(b).
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Verification

    As provided in section 782(i)(3)(A) and (B) of the Act, Commerce 
intends to verify the information relied upon for its final results.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be provided to 
interested parties at a later date.\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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    \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, parties will be notified of the date and 
time for the hearing.\11\
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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 further notice.\12\
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    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 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, 
ADs 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 its 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 ADs.
    The final results of this review shall be the basis for the 
assessment of ADs on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.
    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.\15\
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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).

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[[Page 54458]]

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

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.\16\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \16\ See Order.
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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 ADs 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 ADs occurred and the subsequent assessment of double ADs.

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: August 30, 2022.
Lisa W. Wang,
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. Recommendation

[FR Doc. 2022-19194 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P