Notice2023-12337
Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
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
June 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain polyester staple fiber (PSF) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37851-37852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12337]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) order on certain polyester staple fiber (PSF)
from the People's Republic of China (China) would be likely to lead to
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Review'' section of this notice.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2023, Commerce published the notice of initiation of
the third sunset review of the AD order on PSF from China \1\ pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
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\1\ See Notice of Antidumping Duty Order: Certain Polyester
Staple Fiber from the People's Republic of China, 72 FR 30545 (June
1, 2007) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915
(March 1, 2023) (Initiation Notice).
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On March 15, 2023, Auriga Polymers Inc, Fiber Industries LLC, and
Nan Ya Plastics Corporation, America (collectively, the domestic
interested parties) notified Commerce of their intent to participate
within the 15-day period specified in 19 CFR 351.218(d)(1)(i).\3\ The
domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as producers of domestic like product in
the United States.
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\3\ See Domestic Interested Parties' Letter, ``Domestic
Interested Parties' Notice of Intent to Participate,'' dated March
15, 2023.
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On March 30, 2023, Commerce received a complete substantive
response to the Initiation Notice with respect to the Order from the
domestic interested parties within the 30-day period specified in 19
CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive
response from any other interested parties with respect to the Order
covered by this sunset review. On April 20, 2023, Commerce notified the
U.S. International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties in this sunset
review.\5\ Pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of this Order.
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\4\ See Domestic Interested Parties' Letter, ``Domestic
Interested Parties' Substantive Response,'' dated March 30, 2023.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on March
1, 2023,'' dated April 20, 2023.
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Scope of the Order
The scope of the Order is certain polyester staple fiber from
China. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review is
provided in the accompanying Issues and Decision Memorandum.\6\ A list
of the issues discussed in the Issues and Decision Memorandum is
attached as 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
[[Page 37852]]
(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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Result of the Expedited Third Sunset Review of the Antidumping
Duty Order on Certain Polyester Staple Fiber from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would likely lead to a
continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins up
to 44.30 percent.
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/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305. 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the results in accordance with
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218
and 351.221(c)(5)(ii).
Dated: June 5, 2023.
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 Order
IV. History of the Order
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 Review
VIII. Recommendation
[FR Doc. 2023-12337 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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