[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17364-17366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08198]
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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:
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke Antidumping Duty Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2017, the Department of Commerce (Commerce)
received a request for revocation, in part, of the antidumping duty
(AD) orders on polyester staple fiber (PSF) from the Republic of Korea
(Korea) and Taiwan with respect to low-melt PSF. We preliminarily
determine that the Orders shall be revoked, in part, with respect to
low-melt PSF, as described below. Commerce invites interested parties
to comment on these preliminary results.
DATES: Effective April 19, 2018.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski,
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, Commerce published the AD orders on PSF from Korea
and Taiwan.\1\ On December 8, 2017, DAK Americas, LLC; Nan Ya Plastics
Corporation, America; Auriga Polymers; and Palmetto Synthetics LLC
(i.e., the domestic producers) requested that Commerce conduct changed
circumstances reviews pursuant to section 751(b)(1) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.216(b) with respect to any
coarse denier low-melt PSF that may be currently covered by the Orders
to avoid any potential overlap in coverage between the Orders and the
pending less-than-fair-value investigations of low-melt polyester
staple fiber from Korea and Taiwan.\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).
\2\ See Polyester Staple Fiber From the Republic of Korea and
Taiwan: Initiation of Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping Duty Orders in Part,
83 FR 11678 (March 16, 2018) (Initiation Notice); see also Low Melt
Polyester Staple Fiber from the Republic of Korea and Taiwan:
Initiation of Less-Than-Fair-Value Investigations, 82 FR 34277 (July
24, 2017); Low Melt Polyester Staple Fiber from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 4906 (February 2, 2018).
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On March 16, 2018, Commerce published the notice of initiation of
the requested changed circumstances reviews.\3\ Because the domestic
producers did not provide any supporting documentation for their
statement that they accounted for
[[Page 17365]]
substantially all of the domestic production of PSF, in the Initiation
Notice, we invited interested parties to submit comments concerning
industry support for the potential revocation, in part, as well as
comments and/or factual information regarding the changed circumstances
reviews.\4\ We received no comments or factual information from other
interested parties.
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\3\ Id.
\4\ Id.
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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 fiber with an outer sheath
that melts at a significantly lower temperature than its inner core.
The merchandise subject to these orders is currently classifiable
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.\5\
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under the orders
is dispositive.
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\5\ These HTSUS numbers have been revised to reflect changes in
the HTSUS numbers at the suffix level.
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Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or countervailing duty order, in whole or in
part, based on a review under section 751(b) of the Act (i.e., a
changed circumstances review). Section 751(b)(1) of the Act requires a
changed circumstances review to be conducted upon receipt of a request
which shows changed circumstances sufficient to warrant a review.
Section 782(h)(2) of the Act gives Commerce the authority to revoke an
order if producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order. Section 351.222(g) of Commerce's regulations provides that
Commerce will conduct a changed circumstances review under 19 CFR
351.216, and may revoke an order (in whole or in part), if it concludes
that: (i) Producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the relief provided by the order, in whole or in
part; or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\6\
Commerce has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product.\7\
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\6\ See Section 782(h) of the Act and 19 CFR 351.222(g).
\7\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012) (Honey from Argentina Prelim), unchanged in
Honey from Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders, 77 FR 77029 (December
31, 2012) (Honey from Argentina Final).
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Commerce's regulations do not specify a deadline for the issuance
of the preliminary results of a changed circumstances review, but
provide that Commerce will issue the final results of review within 270
days after the date on which the changed circumstances review is
initiated.\8\ Commerce did not issue a combined notice of initiation
and preliminary results. As discussed above, while the statement
provided by the domestic producers indicated they accounted for
substantially all domestic production of PSF, the domestic producers
did not offer any documentation supporting their claim.\9\ Thus,
Commerce did not determine in the Initiation Notice that producers
accounting for substantially all of the production of the domestic like
product lacked interest in the continued application of the Orders as
to low-melt PSF under consideration here. Further, Commerce requested
interested party comments on the issue of domestic industry support of
a potential partial revocation of the Orders.\10\ Commerce received no
comments concerning a lack of industry support with respect to these
changed circumstances reviews.
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\8\ See 19 CFR 351.216(e).
\9\ See Initiation Notice.
\10\ Id.
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As noted in the Initiation Notice, domestic producers requested
revocation of the Orders, in part, and supported their request. In the
absence of any interested party comments received during the comment
period, we preliminarily conclude that changed circumstances warrant
revocation of the Orders, in part, because the producers accounting for
substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to low-melt PSF, as described above. We will
consider comments from interested parties on these preliminary results
of reviews before issuing the final results of these reviews.\11\
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\11\ See e.g., Honey from Argentina Prelim; unchanged in Honey
from Argentina Final.
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Accordingly, we are notifying the public of our intent to revoke
the Orders, in part. We intend to carry out this revocation by
replacing the following language currently in the scope of the Orders:
``{i{time} n addition, low-melt PSF is excluded from these orders. Low-
melt PSF is defined as a bi-component fiber with an outer sheath that
melts at a significantly lower temperature than its inner core,'' with
the following language: ``{i{time} n 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.''
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows. If, at
the time of the final determinations, there have been no completed
administrative reviews of an order, then the partial revocation will be
applied to unliquidated entries of merchandise subject to the changed
circumstances review that were entered or withdrawn from warehouse, for
consumption, on or after the date that corresponds to the date
suspension of liquidation first began in the relevant proceeding. If,
at the time of the final determinations, there have been completed
administrative reviews of an order, then the partial revocation will be
retroactively applied to unliquidated entries of merchandise subject to
the changed circumstances reviews that were entered or withdrawn from
warehouse, for consumption, on or after
[[Page 17366]]
the day following the last day of the period covered by the most
recently completed administrative review of the applicable order.
Therefore, under this scenario, the partial revocation for merchandise
subject to the Orders would be applied retroactively to unliquidated
entries of merchandise entered or withdrawn from warehouse, for
consumption, on or after May 1, 2017.\12\
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\12\ The most recent administrative review of the Korea AD order
was completed on August 2, 2017, and covered May 1, 2016 through
April 30, 2017. See Polyester Staple Fiber from the Republic of
Korea: Rescission of Antidumping Duty Administrative Review; 2016-
2017, 82 FR 37052 (August 8, 2017) (which rescinds the review for
the Korea AD order, A-580-839). For the Taiwan AD order, A-583-833,
Commerce did not receive a request to conduct an administrative
review for the period of review (POR) May 1, 2016 through April 30,
2017. Commerce issued instructions to U.S. Customs and Border
Protection on July 21, 2017, liquidating all entries for all firms
for the POR.
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Public Comment
Interested parties are invited to comment on these preliminary
results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case
briefs may be submitted no later than ten days after the date of
publication of these preliminary results.\13\ Rebuttals to case briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the due date for case briefs.\14\ All submissions must
be filed electronically using Enforcement and Compliance's AD and CVD
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov and in the Central Records
Unit, room B8024 of the main Department of Commerce building. An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set
forth in this notice.
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\13\ Commerce is altering the deadline for the submission of
case briefs, as authorized by 19 CFR 351.309(c)(1)(ii).
\14\ Commerce is altering the deadline for the submission of
rebuttal briefs, as authorized by 19 CFR 351.309(d)(1).
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Any interested party may request a hearing within 14 days of
publication of this notice. Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at 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 time and date for the hearing to be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230 in a room to be determined.\15\
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\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of these changed
circumstances reviews, which will include its analysis of any written
comments received, no later than 270 days after the date on which these
reviews were initiated, or within 45 days if all parties to the
proceeding agree to the outcome of the review.
If, in the final results of these reviews, Commerce continues to
determine that changed circumstances warrant the revocation of the
Orders, in part, we will instruct U.S. Customs and Border Protection
(CBP) to liquidate without regard to AD duties all unliquidated entries
of the merchandise covered by the exclusion language above entered or
withdrawn from warehouse, for consumption, on or after the effective
dates indicated above. In addition, we will instruct CBP to refund any
estimated AD cash deposits collected on such entries.
The current requirement for cash deposits of estimated AD duties on
all entries of subject merchandise will continue unless they are
modified pursuant to the final results of these changed circumstances
reviews. If, in the final results of these reviews, Commerce continues
to determine that changed circumstances warrant the revocation of the
Orders, in part, we will instruct CBP to discontinue collecting cash
deposits on entries of merchandise covered by the exclusion language
above effective on the date of publication of the final results of
these changed circumstances reviews.
These preliminary results of reviews and notice are in accordance
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19
CFR 351.222.
Dated: April 12, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-08198 Filed 4-18-18; 8:45 am]
BILLING CODE 3510-DS-P