Notice2022-17920
Polyester Staple Fiber From the Republic of Korea and Taiwan: Continuation of the Antidumping Duty Orders
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 19, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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 (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 160 (Friday, August 19, 2022)</title>
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[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51055-51056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17920]
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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:
Continuation of the Antidumping 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 (AD) orders on polyester staple
fiber (PSF) from the Republic of Korea (Korea) and Taiwan would likely
lead to a continuation or recurrence of dumping and material injury to
an industry in the United States, Commerce is publishing a notice of
continuation of these AD orders.
DATES: Applicable August 19, 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 Orders on PSF from Korea
[[Page 51056]]
and Taiwan.\1\ On January 3, 2022, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act), Commerce published the
initiation of the fourth sunset reviews of the Orders and the ITC
instituted its review of the Orders.\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); 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).
\2\ See Initiation Notice of Five-Year (Sunset) Reviews, 87 FR
76 (January 3, 2022); see also Polyester Staple Fiber from Korea and
Taiwan; Institution of Five-Year Reviews, 87 FR 119 (January 3,
2022).
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As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of dumping. Commerce,
therefore, notified the ITC of the magnitude of the margins of dumping
rates likely to prevail should these Orders be revoked.\3\
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\3\ See Polyester Staple Fiber the Republic of Korea, and
Taiwan: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 87 FR 27567 (May 9, 2022), and accompanying
Issues and Decision Memorandum.
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On August 12, 2022, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to the continuation or recurrence of material injury
to an industry in the United States within a reasonably foreseeable
time.\4\
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\4\ See Certain Polyester Staple Fiber from South Korea and
Taiwan, 87 FR 49886 (August 12, 2022); see also Certain Polyester
Staple Fiber from South Korea and Taiwan, Investigation Nos. 731-TA-
825-826 (Fourth Review), USITC Pub. 5341 (August 2022).
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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 polyester fiber having a
polyester fiber component that melts at a lower temperature than the
other polyester fiber component.
The merchandise subject to these Orders is currently classifiable
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under the Orders
is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping 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 Orders. The U.S. Customs
and Border Protection will continue to collect AD 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 Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
reviews of the Orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-17920 Filed 8-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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