Notice2021-18595
Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the sole producer/exporter subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2019, through July 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 165 (Monday, August 30, 2021)</title>
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[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48392-48393]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18595]
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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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole
producer/exporter subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), August 1, 2019, through July 31, 2020.
DATES: Applicable August 30, 2021.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Melissa Kinter, 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)
482-1413, respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers one producer and exporter of the subject
merchandise, Toray Advanced Materials Korea, Inc. (TAK).
On May 6, 2021, Commerce published the Preliminary Results.\1\
Although we invited parties to comment on the Preliminary Results,\2\
no interested party submitted comments. Accordingly, no decision
memorandum accompanies this Federal Register notice.\3\
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\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 24381 (May 6, 2021) (Preliminary Results).
\2\ Id. at 24382.
\3\ For further details of the issues addressed in this
proceeding, see Preliminary Results and accompanying Preliminary
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 includes 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.
Final Results of the Review
We are assigning the following weighted-average dumping margin to
[[Page 48393]]
TAK for the period August 1, 2019, through July 31, 2020:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Toray Advanced Materials Korea, Inc........................ 3.00
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of their U.S. sales, 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 for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. 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.\4\
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\4\ 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 it did not
know that the merchandise it sold to an 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.\5\ The all-others rate is
16.27 percent.\6\
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\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\6\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752, 40753
(August 16, 2018).
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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 cash deposit requirements will be effective for all
shipments of 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 TAK will be the rate shown
above; (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; (3) if the exporter is not a firm covered in this review, a
previous review, or the original less-than-fair value (LTFV)
investigation, but the manufacturer is, 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 made effective by the LTFV investigation.\7\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\7\ Id.
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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
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 issued and published in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: August 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-18595 Filed 8-27-21; 8:45 am]
BILLING CODE 3510-DS-P
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