Notice2023-13953
Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole producer/exporter subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2021, through July 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42300-42302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13953]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole producer/exporter subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) August 1, 2021,
through July 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Andrew Hart, 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) 482-1058,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on low melt polyester staple fiber (low melt
[[Page 42301]]
PSF) from the Republic of Korea (Korea).\1\ The review covers one
producer/exporter of the subject merchandise, Toray Advanced Materials
Korea, Inc. (TAK).
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
---------------------------------------------------------------------------
On April 26, 2023, Commerce extended the deadline for the
preliminary results of this administrative review until June 30,
2023.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of Antidumping Duty administrative Review, dated April 26,
2023.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Low Melt Polyester Staple Fiber from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16,
2018) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is 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). For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary 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
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for TAK for the period
August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................ 3.61
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\5\ Case briefs
or other written comments may be submitted to Commerce no later than 30
days after the date of publication of this notice.\6\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for filing case briefs.\7\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\8\ Case and
rebuttal briefs should be filed using ACCESS.\9\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\10\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(c); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
\10\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\12\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date. An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\14\ Pursuant to 19 CFR
351.212(b)(1), if TAK's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales.\15\
Where TAK did not report entered value, we will calculate the entered
value in order to calculate the assessment rate. If TAK's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or
de minimis, we will instruct CBP to liquidate entries without regard to
antidumping duties.\16\ 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.\17\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b).
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\16\ Id. at 8102.
\17\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by TAK for
which it did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate those entries at the all-
others rate established in the original less-than-fair-value (LTFV)
investigation (i.e., 16.27 percent) if there is no rate for the
intermediate
[[Page 42302]]
company(ies) involved in the transaction.\18\
---------------------------------------------------------------------------
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 deposit requirements will be effective for all
shipments of the 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 the company
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(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 of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior review, or the LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established in the completed segment for the most
recent period for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
16.27 percent, the all-others rate established in the LTFV
investigation.\19\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\19\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2023-13953 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.