[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42300-42302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13953]


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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; 2021-
2022

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, 2021, 
through July 31, 2022. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 30, 2023.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado 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 or (202) 482-1058, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 11, 2022, 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

[[Page 42301]]

PSF) from the Republic of Korea (Korea).\1\ The review covers one 
producer/exporter of the subject merchandise, Toray Advanced Materials 
Korea, Inc. (TAK).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
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    On April 26, 2023, Commerce extended the deadline for the 
preliminary results of this administrative review until June 30, 
2023.\2\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\
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    \2\ See Memorandum, ``Extension of the Deadline for Preliminary 
Results of Antidumping Duty administrative Review, dated April 26, 
2023.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 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 4
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    \4\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16, 
2018) (Order).
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    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). For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

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 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, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................        3.61
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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\ Case briefs 
or other written comments may be submitted 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\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\10\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c).
    \7\ See 19 CFR 351.309(c); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
    \10\ See Temporary Rule.
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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.\11\ 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.\12\ Parties should confirm by 
telephone the date and time of the hearing two days before the 
scheduled date. An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
established deadline.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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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 final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries.\14\ Pursuant to 19 CFR 
351.212(b)(1), if TAK's weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales.\15\ 
Where TAK did not report entered value, we will calculate the entered 
value in order to calculate the assessment rate. If TAK's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate entries without regard to 
antidumping duties.\16\ 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.\17\
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    \14\ See 19 CFR 351.212(b).
    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \16\ Id. at 8102.
    \17\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by TAK for 
which it did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate those entries at the all-
others rate established in the original less-than-fair-value (LTFV) 
investigation (i.e., 16.27 percent) if there is no rate for the 
intermediate

[[Page 42302]]

company(ies) involved in the transaction.\18\
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    \18\ 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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    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 the company 
listed above 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 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 of this 
proceeding in which the company was reviewed; (3) if the exporter is 
not a firm covered in this review, a prior review, or the LTFV 
investigation, but the producer is, then the cash deposit rate will be 
the cash deposit rate established in the completed segment for the most 
recent period 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.\19\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \19\ See Order.
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Notification to Importers

    This notice also 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 and 19 CFR 351.221(b)(4).

    Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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. 2023-13953 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P