[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14332-14334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04757]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Toray Advanced Materials Korea, Inc. (TAK) made sales of subject 
merchandise at less than normal value during the period of review 
(POR), August 1, 2020, through July 31, 2021.

DATES: Applicable March 8, 2023.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, Melissa Porpotage, or 
Andrew Hart, 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, (202) 482-1413, and (202) 482-1058 respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 16, 2018, Commerce published in the Federal Register an 
AD order on low melt polyester staple fiber (low melt PSF) from the 
Republic of Korea (Korea).\1\ On September 6, 2022,

[[Page 14333]]

Commerce published the Preliminary Results of this administrative 
review.\2\ On December 6, 2022, Commerce released the verification 
report and invited parties to comment on the Preliminary Results.\3\ 
Also in December 2022, Commerce received a case brief from Nan Ya 
plastics Corporation, America (the petitioner) and a rebuttal brief 
from TAK.\4\ On December 20, 2022, Commerce extended the deadline for 
the final results until March 3, 2023.\5\ For a description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\6\
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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 Low Melt Polyester Staple Fiber from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2020-2021, 87 FR 54456 (September 6, 2022) (Preliminary 
Results).
    \3\ See Memoranda, ``Verification of Toray Advanced Materials 
Korea, Inc.,'' dated December 6, 2022 (TAK Verification Report); and 
``Briefing Schedule for the Final Results,'' dated December 7, 2022.
    \4\ See Petitioner's Letter, ``Petitioner's Case Brief for Toray 
Advanced Materials Korea, Inc.,'' dated December 14, 2022; see also 
TAK's Letter, ``TAK's Rebuttal Brief,'' dated December 21, 2022.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
2020-2021 Antidumping Duty Administrative Review,'' dated December 
20, 2022.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the 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.

Verification

    On August 31, 2021, the petitioner requested that Commerce conduct 
verification of TAK's responses. Accordingly, as provided in section 
782(i)(3) of the Act, we verified information relied upon for the final 
results of this review.\7\
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    \7\ See TAK Verification Report.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
TAK.\8\
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    \8\ See Issues and Decision Memorandum.
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Final Results of Review

    We are assigning the following weighted-average dumping margin to 
TAK for the period August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................        1.97
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), 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. 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.
    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.\9\
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    \9\ 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 TAK did 
not know that the merchandise it sold to the 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.
    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 cash 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 each specific 
company listed above will be that 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 previously 
investigated companies not participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding; (3) if the exporter 
is not a

[[Page 14334]]

firm covered in this review, or the original less-than-fair-value 
(LTFV) investigation, but the manufacturer is, then 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 established in the LTFV investigation.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752, (August 16, 
2018).
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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 Commerce'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 an 
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 being issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: March 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
    Comment 1: Additional Additive Codes Reported by TAK
    Comment 2: Cost Smoothing
VI. Recommendation

[FR Doc. 2023-04757 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P