[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25563-25564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07692]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-060, A-533-875, A-580-893, A-583-860, C-570-061, C-533-876]


Fine Denier Polyester Staple Fiber From the People's Republic of 
China, India, the Republic of Korea, and Taiwan: Continuation of 
Antidumping and Countervailing 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

[[Page 25564]]

(AD) orders on fine denier polyester staple fiber (fine denier PSF) 
from the People's Republic of China (China), India, the Republic of 
Korea (Korea), and Taiwan and countervailing duty (CVD) orders on fine 
denier PSF from China and India would likely lead to continuation or 
recurrence of dumping and net countervailable subsidies, and material 
injury to an industry in the United States, Commerce is publishing this 
notice of continuation of these AD and CVD orders.

DATES: Applicable April 5, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso or Thomas Martin, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2081 or (202) 482-3936, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 16, 2018, Commerce published in the Federal Register the 
CVD orders on fine denier PSF from China and India.\1\ On July 20, 
2018, Commerce published in the Federal Register the AD orders on fine 
denier PSF from China, India, Korea, and Taiwan.\2\ On February 1, 
2023, the ITC instituted,\3\ and Commerce initiated,\4\ the first 
sunset reviews of the AD Orders and CVD Orders, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). As a result of 
its reviews, Commerce determined that revocation of the AD Orders and 
CVD Orders would likely lead to the continuation or recurrence of 
dumping and countervailable subsidies, and therefore, notified the ITC 
of the magnitude of the margins of dumping and subsidy rates likely to 
prevail should the AD Orders and CVD Orders be revoked.\5\
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    \1\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China and India: Amended Final Affirmative 
Countervailing Duty Determination for the People's Republic of China 
and Countervailing Duty Orders for the People's Republic of China 
and India, 83 FR 11681 (March 16, 2018) (collectively, CVD Orders).
    \2\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, and Taiwan: 
Antidumping Duty Orders, 83 FR 34545 (July 20, 2018) (collectively, 
AD Orders).
    \3\ See Fine Denier Polyester Staple Fiber from China, India, 
South Korea, and Taiwan; Institution of Five-Year Reviews, 88 FR 
6790 (February 1, 2023).
    \4\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023).
    \5\  See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of South Korea, and Taiwan: 
Final Results of Expedited First Sunset Reviews of the Antidumping 
Duty Orders, 88 FR 37512 (June 8, 2023); see also Fine Denier 
Polyester Staple Fiber from the People's Republic of China: Final 
Results of the Expedited First Sunset Review of the Countervailing 
Duty Order, 88 FR 36278 (June 2, 2023); Fine Denier Polyester Staple 
Fiber from India: Final Results of the Expedited First Sunset Review 
of the Countervailing Duty Order, 88 FR 37513 (June 8, 2023).
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    On April 5, 2024, the ITC published its determination, pursuant to 
section 751(c) of the Act, that revocation of the AD Orders and CVD 
Orders would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\6\
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    \6\ See Fine Denier Polyester Staple Fiber From China, India, 
South Korea, and Taiwan, 89 FR 24033 (April 5, 2024).
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Scope of the AD Orders and CVD Orders

    The merchandise covered by the AD Orders and CVD Orders is fine 
denier polyester staple fiber (fine denier PSF), not carded or combed, 
measuring less than 3.3 decitex (3 denier) in diameter. The scope 
covers all fine denier PSF, whether coated or uncoated. The following 
products are excluded from the scope:
    (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, 
inclusive) currently classifiable under Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings 5503.20.0045 and 5503.20.0065.
    (2) Low-melt PSF defined as a bi-component polyester fiber having a 
polyester fiber component that melts at a lower temperature than the 
other polyester fiber component, which is currently classifiable under 
HTSUS subheading 5503.20.0015.
    Fine denier PSF is classifiable under the HTSUS subheading 
5503.20.0025. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of these AD Orders and CVD Orders is dispositive.

Continuation of the AD Orders and CVD Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD Orders and the CVD Orders would likely lead to 
continuation or recurrence of dumping, countervailable subsidies, 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 AD Orders and the CVD Orders. U.S. 
Customs and Border Protection will continue to collect AD and CVD 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 AD Orders and CVD 
Orders will be April 5, 2024.\7\ Pursuant to section 751(c)(2) of the 
Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next 
sunset review of the AD Orders and the CVD Orders not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.
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    \7\ Id.
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Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: April 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-07692 Filed 4-10-24; 8:45 am]
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