Notice2023-22881
Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of the Expedited First Sunset Reviews of Antidumping Duty Orders
Primary source
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Published
October 19, 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 low melt polyester staple fiber (low melt PSF) from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Expedited Sunset Reviews" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72045-72046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22881]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895, A-583-861]
Low Melt Polyester Staple Fiber From the Republic of Korea and
Taiwan: Final Results of the Expedited First Sunset Reviews of
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 low melt polyester staple fiber (low
melt PSF) from the Republic of Korea (Korea) and Taiwan would be likely
to lead to continuation or recurrence of dumping at the levels
indicated in the ``Final Results of Expedited Sunset Reviews'' section
of this notice.
DATES: Applicable October 19, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-1058.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2018, Commerce published in the Federal Register the
AD orders on low melt PSF from Korea and Taiwan.\1\ On July 3, 2023,
Commerce published the Initiation Notice of the first sunset reviews of
the Orders pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ In accordance with 19 CFR 351.218(d)(1)(i) and
(ii), Commerce received notices of intent to participate in these
sunset reviews from Huvis Indorama Advanced Materials, LLC and Nan Ya
Plastics Corporation, America (collectively, the domestic interested
parties) within 15-days after the date of publication of the Initiation
Notice.\3\ The domestic interested parties claimed interested party
status under section 771(9)(C) of the Act as producers of a domestic
like product in the United States.
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\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16,
2018) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 42688
(July 3, 2023) (Initiation Notice).
\3\ See Domestic Interested Parties' Letter, ``Low Melt
Polyester Staple Fiber from the Republic of Korea--Domestic
Interested Parties' Notice of Intent to Participate,'' dated July
18, 2023; see also Domestic Interested Parties' Letter, ``Low Melt
Polyester Staple Fiber from Taiwan--Domestic Interested Parties'
Notice of Intent to Participate,'' dated July 18, 2023.
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Commerce received timely, adequate substantive responses to the
Initiation Notice from the domestic interested parties within the 30-
day period specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce did not
receive substantive responses from any other interested parties, and no
party requested a hearing.
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\4\ See Domestic Interested Parties' Letter, ``Low Melt
Polyester Staple Fiber from the Republic of Korea--Domestic
Interested Parties' Notice of Intent to Participate,'' dated July
18, 2023; see also, Domestic Interested Parties' Letter, ``Low Melt
Polyester Staple Fiber from Taiwan--Domestic Interested Parties'
Notice of Intent to Participate,'' dated July 18, 2023.
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On August 22, 2023, Commerce notified the U.S. International Trade
Commission that it did not receive an adequate substantive response
from other interested parties.\5\ As a result, in accordance with
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 Commerce's Letter, ``Sunset Reviews for July 2023,''
dated August 22, 2023.
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Scope of the Orders
The merchandise subject to the Orders 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 Orders, see the Issues and Decision
Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Reviews of the
Antidumping Duty Orders on Low Melt 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
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum, including the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
of dumping likely to prevail if the Orders were revoked.\7\ A list of
topics discussed in the Issues and Decision Memorandum is included 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 accessed at <a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ Id.
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Final Results of Expedited 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
the continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be at a rate up to 16.27
percent for Korea and up to 49.93 percent for Taiwan.
Administrative Protective Orders
This notice serves as the only reminder to interested parties
subject to an administrative protective order (APO) of their
responsibility concerning
[[Page 72046]]
the return or destruction 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing the results in accordance with
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.
Dated: October 10, 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 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 Expedited Sunset Reviews
VIII. Recommendation
[FR Doc. 2023-22881 Filed 10-18-23; 8:45 am]
BILLING CODE 3510-DS-P
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