Notice2024-22521
Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
October 1, 2024
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, 2022, through July 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 190 (Tuesday, October 1, 2024)</title>
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[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 79897-79899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22521]
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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; 2022-
2023
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, 2022,
through July 31, 2023. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable October 1, 2024.
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, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2018, Commerce published in the Federal Register the
antidumping duty order on low melt polyester staple fiber (low melt
PSF) from the Republic of Korea (Korea).\1\ On October 18, 2023, 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 PSF
from Korea.\2\ The review covers one producer/exporter of the subject
merchandise, Toray Advanced Materials Korea, Inc. (TAK).
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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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
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On April 8, 2024, Commerce extended the deadline for the
preliminary results of this administrative review until August 30,
2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ The deadline for the
preliminary results is now September 6, 2024. For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\5\
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\3\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 8,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Low Melt Polyester Staple Fiber from the Republic of Korea; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the 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. 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 estimated weighted-average dumping margin exists for the
period August 1, 2022, through July 31, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Toray Advanced Materials Korea, Inc........................ 2.46
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs or other written comments
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 five days after the time limit for
filing case briefs.\7\ Parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a statement
[[Page 79898]]
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, no including citations. We intend
to use the public executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
public executive summary of each issue. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS. 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 respective case
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined and will notify the
parties through ACCESS.\11\ Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the established deadline.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, 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.\12\ 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 ad valorem 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.\13\ If the respondent has
not reported entered values, we will calculate a per-unit assessment
rate for each importer by dividing the total amount of dumping
calculated for the examined sales made to that importer by the total
quantity associated with those transactions. 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.\14\ 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.\15\
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\12\ See 19 CFR 351.212(b).
\13\ 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).
\14\ Id. 77 FR at 8102.
\15\ See section 751(a)(2)(C) of the Act.
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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 intend to instruct CBP to liquidate unreviewed
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 16.27 percent) \16\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\17\
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\16\ See Order.
\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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
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.\18\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.\19\
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\19\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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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.
[[Page 79899]]
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: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
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. Currency Conversion
VI. Recommendation
[FR Doc. 2024-22521 Filed 9-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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