[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40752-40753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17691]
[[Page 40752]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895, A-583-861]
Low Melt Polyester Staple Fiber From the Republic of Korea and
Taiwan: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) orders on low melt polyester
staple fiber (low melt PSF) from the Republic of Korea (Korea) and
Taiwan.
DATES: Applicable August 16, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado at (202) 482-4682 or
Brittany Bauer at (202) 482-3860 (Korea); Rebecca Janz at (202) 482-
2972 or Ajay Menon at (202) 482-1993 (Taiwan); AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on June 22, 2018,
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of low melt PSF from Korea and
Taiwan.\1\ On August 6, 2018, the ITC notified Commerce of its
affirmative determinations that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act, by reason of the LTFV imports of low melt PSF from Korea and
Taiwan, and its determination that critical circumstances do not exist
with respect to imports of low melt PSF from Korea subject to
Commerce's affirmative critical circumstances determination.\2\
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\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea: Final Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part,
83 FR 29094 (June 22, 2018) (Korea Final Determination); and Low
Melt Polyester Staple Fiber from Taiwan: Final Determination of
Sales at Less Than Fair Value, 83 FR 29099 (June 22, 2018).
\2\ See Letter from the ITC to the Hon. Gary Taverman, dated
August 6, 2018. See also Low Melt Polyester Staple Fiber from Korea
and Taiwan, 83 FR 39461 (August 9, 2018).
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Scope of the Orders
The merchandise subject to these orders 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 orders is dispositive.
Antidumping Duty Orders
As stated above, on August 6, 2018, in accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its
final determinations in these investigations, in which it found that an
industry in the United States is materially injured by reason of
imports of low melt PSF from Korea and Taiwan.\3\ The ITC also notified
Commerce of its determination that critical circumstances do not exist
with respect to imports of low melt PSF from Korea subject to
Commerce's critical circumstances finding.\4\ Therefore, in accordance
with section 735(c)(2) of the Act, we are issuing these AD orders.
Because the ITC determined that imports of low melt PSF from Korea and
Taiwan are materially injuring a U.S. industry, unliquidated entries of
such merchandise from Korea and Taiwan, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
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\3\ Id.
\4\ Id.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of low melt
PSF from Korea and Taiwan. Antidumping duties will be assessed on
unliquidated entries of low melt PSF from Korea and Taiwan entered, or
withdrawn from warehouse, for consumption on or after February 2, 2018,
the date of publication of the preliminary determinations,\5\ but will
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination as further described below.
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\5\ See Low Melt Polyester Staple Fiber from the Republic of
Korea: Preliminary 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) (Korea
Preliminary Determination); and Low Melt Polyester Staple Fiber from
Taiwan: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 83 FR 4903 (February 2, 2018) (Taiwan
Preliminary Determination).
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all relevant entries
of low melt PSF from Korea and Taiwan. Because the estimated weighted-
average dumping margin for Huvis Corporation (Huvis) in the Korea Final
Determination was zero, entries of shipments of subject merchandise
both produced and exported by Huvis are not subject to suspension of
liquidation or cash deposit requirements. Entries of subject
merchandise exported to the United States by any other producer and
exporter combination are not entitled to this exclusion from suspension
of liquidation and are subject to the applicable cash deposit rates
noted below. These instructions suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amounts as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the estimated weighted-average dumping margins listed below.\6\ The
relevant all-others rates apply to all producers or exporters not
specifically listed, as appropriate.
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\6\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of
[[Page 40753]]
exporters that account for a significant proportion of low melt PSF
from Korea and Taiwan, we extended the four-month period to six months
in both cases.\7\ Commerce's preliminary determinations were published
on February 2, 2018. Therefore, the extended period, beginning on the
date of publication of the preliminary determinations, ended on August
1, 2018. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed below will begin on the date of
publication of the ITC's final injury determination.
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\7\ See Korea Preliminary Determination and Taiwan Preliminary
Determination.
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Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of low melt PSF from Korea and Taiwan entered, or withdrawn from
warehouse, for consumption after August 1, 2018, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination regarding imports of low melt PSF from Korea, Commerce
will instruct CBP to lift suspension and refund any cash deposits made
to secure payment of estimated antidumping duties on subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after November 4, 2017 (i.e., 90 days prior to the date of publication
of the preliminary determinations), but before February 2, 2018 (i.e.,
the date of publication of the preliminary determinations).
Estimated Weighted-Average Dumping Margins
The estimated weighted-average AD margins are as follows:
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Dumping
Exporter/producer margins
(percent)
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Korea: Huvis Corporation 0.00
Toray Chemical Korea Inc.................................. 16.27
All Others................................................ 16.27
Taiwan: Far Eastern New Century Corporation 49.93
All Others................................................ 49.93
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Notification to Interested Parties
This notice constitutes the AD orders with respect to low melt PSF
from Korea and Taiwan pursuant to section 736(a) of the Act. Interested
parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Dated: August 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-17691 Filed 8-15-18; 8:45 am]
BILLING CODE 3510-DS-P