Notice2022-09912
Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
Primary source
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Published
May 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping at levels identified in the "Final Results of Sunset Reviews" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Page 27567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09912]
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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:
Final Results of the Expedited Sunset Reviews of the Antidumping Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the Department
of Commerce (Commerce) finds that revocation of the antidumping duty
(AD) orders on polyester staple fiber (PSF) from the Republic of Korea
(Korea) and Taiwan would be likely to lead to continuation or
recurrence of dumping at levels identified in the ``Final Results of
Sunset Reviews'' section of this notice.
DATES: Applicable May 9, 2022.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, Commerce published the AD orders on PSF from Korea
and Taiwan.\1\ On January 3, 2022, Commerce published the notice of
initiation of the fourth sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On
January 14, 2022, Commerce received timely and complete notices of
intent to participate in these sunset reviews from the domestic
interested parties \3\ within the deadline specified in 19 CFR
351.218(d)(1)(i), after the date of publication of the Initiation
Notice.\4\ The domestic interested parties claimed interested party
status under sections 771(9)(C) of the Act as manufacturers in the
United States of the domestic-like product.
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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); see also Certain Polyester Staple Fiber from Korea: Notice
of Amended Final Determination and Amended Order Pursuant to Final
Court Decision, 68 FR 74552 (December 24, 2003) (Korea Amended
Order).
\2\ See Initiation Notice of Five-Year (Sunset) Reviews, 87 FR
76 (January 3, 2022) (Initiation Notice).
\3\ The domestic interested parties are Auriga Polymers Inc.
(Auriga), Fiber Industries LLC (Fiber Industries), and Nan Ya
Plastics Corporation, America (Nan Ya America) (collectively,
domestic interested parties).
\4\ See Domestic Interested Parties' Letters, ``Five-Year Sunset
Review of the Antidumping Order on Polyester Staple Fiber from the
Republic of Korea--Notice of Intent to Participate,'' and ``Five-
Year Sunset Review of the Antidumping Order on Polyester Staple
Fiber from Taiwan--Notice of Intent to Participate,'' both dated
January 14, 2022 (collectively, Notice of Intent to Participate).
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On February 2, 2022, the domestic interested parties filed timely
and adequate substantive responses, within the deadline specified in 19
CFR 351.218(d)(3)(i).\5\ Commerce received no substantive responses
from any respondent interested parties nor was a hearing requested.\6\
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited, i.e., 120-day,
sunset reviews of the Orders.
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\5\ See Domestic Interested Parties' Letters, ``Polyester Staple
Fiber from the Republic of Korea--Domestic Interested Parties
Substantive Response''; and ``Polyester Staple Fiber from Taiwan--
Domestic Interested Parties Substantive Response,'' both dated
February 2, 2022.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on January
3, 2022,'' dated February 22, 2022.
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Scope of the Orders
The merchandise subject to the Orders is PSF from Korea and Taiwan.
For a complete description of the scope of the Orders, see the Issues
and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Sunset Reviews of the Antidumping Duty Orders on Polyester
Staple Fiber from the Republic of Korea and Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
A complete discussion of all issues raised in these reviews is
provided in the Issues and Decision Memorandum, A list of the topics
discussed in the Issues and Decision Memorandum is attached as an
appendix to this notice. The Issues and 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Reviews
Pursuant to sections 751(c) and 752(c) of the Act, Commerce
determines that revocation of the Orders would be likely to lead to
continuation or recurrence of dumping and the magnitude of the dumping
margins likely to prevail would be weighted-average margins of up to
the following percentages:
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Weighted-
average
Country dumping
margin
(percent)
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Korea....................................................... 7.48
Taiwan...................................................... 9.90
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Notification Regarding Administrative Protective Orders
This notice also 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). Timely written notification
of the destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.221(c)(5)(ii).
Dated: May 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or RecmTence of Dumping
2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Expedited Sunset Reviews
VIII. Recommendation
[FR Doc. 2022-09912 Filed 5-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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