Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Continuation of Antidumping Duty Orders
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) 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 likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Page 88573]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28266]
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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: Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
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 likely lead to the continuation or recurrence
of dumping and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD orders.
DATES: Applicable December 19, 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 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,
the ITC instituted,\2\ and Commerce initiated,\3\ the first sunset
review of the Orders, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). As a result of its reviews, Commerce
determined that revocation of the Orders would likely lead to the
continuation or recurrence of dumping, and therefore, notified the ITC
of the magnitude of the margins of dumping likely to prevail should the
Orders be revoked.\4\
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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) (Orders).
\2\ See Low Melt Polyester Staple Fiber from South Korea and
Taiwan; Institution of Five-Year Reviews, 88 FR 42748 (July 3,
2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 42688
(July 3, 2023).
\4\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Final Results of the Expedited First Sunset Review
of the Antidumping Duty Orders, 88 FR 72045 (October 19, 2023), and
accompanying Issues and Decision Memorandum.
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On December 19, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Low Melt Polyester Staple Fiber from South Korea and
Taiwan, 88 FR 87814 (December 19, 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). The scope includes bi-
component polyester staple fibers of any denier or cut length. The
subject merchandise may be coated, usually with a finish or dye, or not
coated.
Low melt PSF is classifiable under the Harmonized Tariff Schedule
of the United States (HTSUS) subheading 5503.20.0015. Although the
HTSUS subheading is provided for convenience and customs purposes, the
written description of the scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be
December 19, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction 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 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
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: December 19, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-28266 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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