Notice2023-24354
Low Melt Polyester Staple Fiber From the Republic of Korea: Final 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
November 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Toray Advanced Materials Korea, Inc. (TAK) made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 212 (Friday, November 3, 2023)</title>
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[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75558-75559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24354]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea: Final
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) determines that
Toray Advanced Materials Korea, Inc. (TAK) made sales of subject
merchandise at less than normal value during the period of review
(POR), August 1, 2021, through July 31, 2022.
DATES: Applicable November 3, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-1058.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2023, Commerce published in the Federal Register the
Preliminary Results of the 2021-2022 administrative review of the
antidumping duty order on low melt polyester staple fiber (low melt
PSF) from the Republic of Korea and invited interested parties to
comment.\1\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022, 88 FR 42300 (June 30, 2022) (Preliminary
Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review; 2021-
2022: Low Melt Polyester Staple Fiber from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16,
2018) (Order).
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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). A complete description
of the scope of the Order is contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this administrative review are addressed in the Issues and
Decision Memorandum and are listed 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 directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
certain changes to the weighted-average dumping margin calculations for
TAK for the final results or review.\4\
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\4\ See Issues and Decision Memorandum.
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Final Results of the Administrative Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period August 1, 2021,
through July 31, 2022.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Toray Advanced Materials Korea, Inc........................ 3.59
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis, within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
For entries of subject merchandise during the POR produced by TAK
for which it did not know that its merchandise was destined for the
[[Page 75559]]
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate established in the less-than-fair-value (LTFV) of
16.27 percent ad valorem,\5\ if there is no rate for the intermediate
company(ies) involved in the transaction.
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\5\ See Order.
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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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
subject to this review will be equal to the weighted-average dumping
margin established in the final results of the review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company-specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original LTFV investigation, but the producer has been covered in a
prior completed segment of this proceeding, then the cash deposit rate
will be the 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 manufacturers or exporters will continue to
be 16.27 percent, the all-others rate established in the LTFV
investigation for this proceeding.\6\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\6\ See Order, 83 FR at 40753.
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Notification to Importers
This notice serves as a final 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 doubled antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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 this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: October 30, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Classification of Grade AM Merchandise
Comment 2: Clerical Errors
Comment 3: Customer Name in Liquidation Instructions
VI. Recommendation
[FR Doc. 2023-24354 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 3, 2023.
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