Notice2024-07692
Fine Denier Polyester Staple Fiber From the People's Republic of China, India, the Republic of Korea, and Taiwan: Continuation of Antidumping and Countervailing Duty Orders
Primary source
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Published
April 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
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 fine denier polyester staple fiber (fine denier PSF) from the People's Republic of China (China), India, the Republic of Korea (Korea), and Taiwan and countervailing duty (CVD) orders on fine denier PSF from China and India would likely lead to continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing this notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 71 (Thursday, April 11, 2024)</title>
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[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25563-25564]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07692]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-060, A-533-875, A-580-893, A-583-860, C-570-061, C-533-876]
Fine Denier Polyester Staple Fiber From the People's Republic of
China, India, the Republic of Korea, and Taiwan: Continuation of
Antidumping and Countervailing 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
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(AD) orders on fine denier polyester staple fiber (fine denier PSF)
from the People's Republic of China (China), India, the Republic of
Korea (Korea), and Taiwan and countervailing duty (CVD) orders on fine
denier PSF from China and India would likely lead to continuation or
recurrence of dumping and net countervailable subsidies, and material
injury to an industry in the United States, Commerce is publishing this
notice of continuation of these AD and CVD orders.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Luke Caruso or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2081 or (202) 482-3936,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 16, 2018, Commerce published in the Federal Register the
CVD orders on fine denier PSF from China and India.\1\ On July 20,
2018, Commerce published in the Federal Register the AD orders on fine
denier PSF from China, India, Korea, and Taiwan.\2\ On February 1,
2023, the ITC instituted,\3\ and Commerce initiated,\4\ the first
sunset reviews of the AD Orders and CVD 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 AD Orders and
CVD Orders would likely lead to the continuation or recurrence of
dumping and countervailable subsidies, and therefore, notified the ITC
of the magnitude of the margins of dumping and subsidy rates likely to
prevail should the AD Orders and CVD Orders be revoked.\5\
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\1\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China and India: Amended Final Affirmative
Countervailing Duty Determination for the People's Republic of China
and Countervailing Duty Orders for the People's Republic of China
and India, 83 FR 11681 (March 16, 2018) (collectively, CVD Orders).
\2\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China, India, the Republic of Korea, and Taiwan:
Antidumping Duty Orders, 83 FR 34545 (July 20, 2018) (collectively,
AD Orders).
\3\ See Fine Denier Polyester Staple Fiber from China, India,
South Korea, and Taiwan; Institution of Five-Year Reviews, 88 FR
6790 (February 1, 2023).
\4\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023).
\5\ See Fine Denier Polyester Staple Fiber from the People's
Republic of China, India, the Republic of South Korea, and Taiwan:
Final Results of Expedited First Sunset Reviews of the Antidumping
Duty Orders, 88 FR 37512 (June 8, 2023); see also Fine Denier
Polyester Staple Fiber from the People's Republic of China: Final
Results of the Expedited First Sunset Review of the Countervailing
Duty Order, 88 FR 36278 (June 2, 2023); Fine Denier Polyester Staple
Fiber from India: Final Results of the Expedited First Sunset Review
of the Countervailing Duty Order, 88 FR 37513 (June 8, 2023).
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On April 5, 2024, the ITC published its determination, pursuant to
section 751(c) of the Act, that revocation of the AD Orders and CVD
Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\6\
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\6\ See Fine Denier Polyester Staple Fiber From China, India,
South Korea, and Taiwan, 89 FR 24033 (April 5, 2024).
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Scope of the AD Orders and CVD Orders
The merchandise covered by the AD Orders and CVD Orders is fine
denier polyester staple fiber (fine denier PSF), not carded or combed,
measuring less than 3.3 decitex (3 denier) in diameter. The scope
covers all fine denier PSF, whether coated or uncoated. The following
products are excluded from the scope:
(1) PSF equal to or greater than 3.3 decitex (more than 3 denier,
inclusive) currently classifiable under Harmonized Tariff Schedule of
the United States (HTSUS) subheadings 5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bi-component polyester fiber having a
polyester fiber component that melts at a lower temperature than the
other polyester fiber component, which is currently classifiable under
HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the HTSUS subheading
5503.20.0025. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of these AD Orders and CVD Orders is dispositive.
Continuation of the AD Orders and CVD Orders
As a result of the determinations by Commerce and the ITC that
revocation of the AD Orders and the CVD Orders would likely lead to
continuation or recurrence of dumping, countervailable subsidies, and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby
orders the continuation of the AD Orders and the CVD Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD 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 AD Orders and CVD
Orders will be April 5, 2024.\7\ Pursuant to section 751(c)(2) of the
Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next
sunset review of the AD Orders and the CVD Orders not later than 30
days prior to the fifth anniversary of the effective date of
continuation.
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\7\ Id.
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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)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: April 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-07692 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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