Notice2023-12260
Fine Denier Polyester Staple Fiber From the People's Republic of China, India, the Republic of South Korea, and Taiwan: Final Results of Expedited First Sunset Reviews of the Antidumping Duty Orders
Primary source
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Published
June 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on fine denier polyester staple fiber (fine denier PSF) from the People's Republic of China (China), India, the Republic of Korea (South Korea), and Taiwan would likely lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Sunset Reviews" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 110 (Thursday, June 8, 2023)</title>
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[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37512-37513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12260]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-060, A-533-875, A-580-893, A-583-860]
Fine Denier Polyester Staple Fiber From the People's Republic of
China, India, the Republic of South Korea, and Taiwan: Final Results of
Expedited First 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 U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on fine denier polyester staple fiber
(fine denier PSF) from the People's Republic of China (China), India,
the Republic of Korea (South Korea), and Taiwan would likely lead to
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Sunset Reviews'' section of this notice.
DATES: Applicable June 8, 2023.
FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2081.
SUPPLEMENTARY INFORMATION:
Background
After Commerce initiated these sunset reviews \1\ of the Orders,\2\
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act), domestic interested parties \3\ timely submitted complete notices
of intent to participate in,\4\ and adequate substantive responses
regarding, the reviews.\5\ The domestic interested parties claimed
domestic interested party status under section 771(9)(C) of the Act as
producers of the domestic like product in the United States.\6\
Commerce did not receive a substantive response from any respondent
interested party, nor was a hearing requested. On March 23, 2023,
Commerce notified the International Trade Commission that it did not
receive adequate substantive responses from respondent interested
parties.\7\ 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 (120-
day) sunset reviews of the Orders.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023).
\2\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China, India, the Republic of Korea, and Taiwan:
Antidumping Duty Orders, 83 FR 34545 (July 20, 2018) (Orders).
\3\ The domestic interested parties are Auriga Polymers Inc.;
Fiber Industries LLC; Nan Ya Plastics Corporation, America; and Sun
Fiber LLC.
\4\ See Domestic Interested Parties' Letters, ``Fine Denier
Polyester Staple Fiber from India--Domestic Interested Parties'
Notice of Intent to Participate,'' dated February 15, 2023; ``Fine
Denier Polyester Staple Fiber from the People's Republic of China--
Domestic Interested Parties' Notice of Intent to Participate,''
dated February 15, 2023; ``Fine Denier Polyester Staple Fiber from
the Republic of Korea--Domestic Interested Parties' Notice of Intent
to Participate,'' dated February 15, 2023; and ``Fine Denier
Polyester Staple Fiber from Taiwan--Domestic Interested Parties'
Notice of Intent to Participate,'' dated February 15, 2023.
\5\ See Domestic Interested Parties' Letters, ``Fine Denier
Polyester Staple Fiber from India--Domestic Interested Parties'
Substantive Response,'' dated March 3, 2023; ``Fine Denier Polyester
Staple Fiber from the People's Republic of China--Domestic
Interested Parties' Substantive Response,'' dated March 2, 2023;
``Fine Denier Polyester Staple Fiber from Korea--Domestic Interested
Parties' Substantive Response,'' dated March 3, 2023; and ``Fine
Denier Polyester Staple Fiber from Taiwan--Domestic Interested
Parties' Substantive Response,'' dated March 2, 2023.
\6\ Id.
\7\ See Commerce's Letter ``Sunset Reviews Initiated on February
1, 2023,'' dated March 23, 2023.
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Scope of the Orders <SUP>8</SUP>
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\8\ See Orders.
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The merchandise covered by the Orders is fine denier PSF, not
carded or combed, measuring less than 3.3 decitex (3 denier) in
diameter. The scope covers all fine denier PSF, whether coated or
uncoated. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the First Expedited Sunset Reviews of the
Antidumping Duty Orders on Fine Denier Polyester Staple Fiber from
India, the People's Republic of China, 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 sunset reviews,
including the likelihood of continuation or recurrence of dumping and
the magnitude of the dumping margins likely to prevail if the Orders
were revoked, is provided in the Issues and Decision Memorandum. A list
of the sections in the Issues and Decision Memorandum is in the
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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed
[[Page 37513]]
directly 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)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail are weighted-average margins up to
103.06 percent for China, 21.43 percent for India, 45.23 percent for
South Korea, and 48.86 percent for Taiwan.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a). Timely
notification of the return or 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 of sunset reviews
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: May 30, 2023.
Lisa Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Sections 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 Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2023-12260 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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