Polyester Staple Fiber From the Republic of Korea and Taiwan: Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping Duty Orders in Part, 11678-11679 [2018-05373]

Download as PDF 11678 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices Dated: March 13, 2018. Andrew McGilvray, Executive Secretary. Korea and Taiwan.2 We received no comments from other interested parties. [FR Doc. 2018–05369 Filed 3–15–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–839, A–583–833] Polyester Staple Fiber From the Republic of Korea and Taiwan: Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping Duty Orders in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based upon a request from DAK Americas, LLC, Nan Ya Plastics Corporation, America, Auriga Polymers, and Palmetto Synthetics LLC (i.e., the domestic producers), the Department of Commerce (Commerce) is initiating changed circumstances reviews to consider the possible revocation, in part, of the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan with respect to low-melt PSF. DATES: Applicable March 16, 2018. FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–0176 or (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with NOTICES AGENCY: Background On May 25, 2000, Commerce published the AD orders on PSF from Korea and Taiwan.1 On December 8, 2017, the domestic producers requested that Commerce conduct changed circumstances reviews pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b) with respect to any coarse denier low-melt PSF that may be currently covered by the Orders to avoid any potential overlap in coverage between the Orders and the pending less-than-fair-value investigations of low-melt polyester staple fiber from 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Polyester Staple Fiber from the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber from the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000) (Orders). VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 Scope of the Orders The product covered by the orders is certain polyester staple fiber (PSF). PSF is defined as synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This merchandise is cut to lengths varying from one inch (25 mm) to five inches (127 mm). The merchandise subject to these orders may be coated, usually with a silicon or other finish, or not coated. PSF is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. Merchandise of less than 3.3 decitex (less than 3 denier) currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 5503.20.00.25 is specifically excluded from these orders. Also specifically excluded from these orders are polyester staple fibers of 10 to 18 denier that are cut to lengths of 6 to 8 inches (fibers used in the manufacture of carpeting). In addition, low-melt PSF is excluded from these orders. Low-melt PSF is defined as a bi-component fiber with an outer sheath that melts at a significantly lower temperature than its inner core. The merchandise subject to these orders is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.3 Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive. Proposed Revocation of the Orders The domestic producers propose that the Orders be revoked with respect to coarse denier low-melt PSF. Should Commerce determine to revoke the Orders, in part, the domestic producers propose that Commerce replace the language currently in the scope, ‘‘{i}n addition, low-melt PSF is excluded from these orders. Low-melt PSF is defined as a bi-component fiber with an outer sheath that melts at a significantly lower temperature than its inner core,’’ with 2 See Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Initiation of LessThan-Fair-Value Investigations, 82 FR 34277 (July 24, 2017); see also Low Melt Polyester Staple Fiber from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 4906 (February 2, 2018). 3 These HTSUS numbers have been revised to reflect changes in the HTSUS numbers at the suffix level. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 the following language: ‘‘{i}n addition, low-melt PSF is excluded from these orders. Low-melt PSF is defined as a bicomponent polyester fiber having a polyester fiber component that melts at a lower temperature than the other polyester fiber component.’’ Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Orders, in Part Pursuant to section 751(b)(1) of the Act, Commerce will conduct a changed circumstances review upon receipt of a request an interested party that shows changed circumstances sufficient to warrant a review of an order.4 In accordance with 19 CFR 351.216(d), Commerce determines that the information submitted by the domestic producers constitutes sufficient evidence to conduct changed circumstances reviews of the Orders. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that Commerce may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part. In addition, in the event Commerce determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the notices of initiation and preliminary results. In its administrative practice, Commerce has interpreted ‘‘substantially all’’ to mean producers accounting for at least 85 percent of the total U.S. production of the domestic like product covered by the order.5 The domestic producers did not submit any documentation supporting their claim that they account for substantially all of the domestic production of PSF. We are providing interested parties with the opportunity to address the issue of domestic industry support with respect to this requested partial revocation of the orders, as explained below. After examining comments, if any, concerning domestic industry support, Commerce will issue the preliminary results of these changed circumstances reviews. 4 See 19 CFR 351.216. e.g., Certain Cased Pencils from the People’s Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part, 77 FR 53176 (August 31, 2012). 5 See, E:\FR\FM\16MRN1.SGM 16MRN1 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices Public Comment Interested parties are invited to provide comments and/or factual information regarding these changed circumstances reviews, including comments concerning industry support. Comments and factual information may be submitted to Commerce no later than ten days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with Commerce no later than seven days after the comments and/or factual information are filed.6 All submissions must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).7 An electronically filed document must be received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set forth in this notice. Preliminary and Final Results of the Review Commerce intends to publish in the Federal Register a notice of the preliminary results of the antidumping duty changed circumstances review in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set forth Commerce’s preliminary factual and legal conclusions. Commerce will issue its final results of the changed circumstances review in accordance with the time limits set forth in 19 CFR 351.216(e). Dated: March 12, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–05373 Filed 3–15–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–867] Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2017, the Department of Commerce (Commerce) published in the Federal Register the daltland on DSKBBV9HB2PROD with NOTICES AGENCY: 6 Submission of rebuttal factual information must comply with 19 CFR 351.301(b)(2). 7 See, generally, 19 CFR 351.303. VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 preliminary results of the fourth administrative review of the antidumping duty order on large power transformers from the Republic of Korea. The period of review is August 1, 2015, through July 31, 2016. Based on our analysis of the comments and information received, we continue to find that the application of facts available with an adverse inference is warranted for Hyosung Corporation (Hyosung) and Hyundai Heavy Industries Co., Ltd. (Hyundai). For the final weighted-average dumping margins, see the ‘‘Final Results of Review’’ section below. DATES: Applicable March 16, 2018. FOR FURTHER INFORMATION CONTACT: John Drury (Hyosung) or Moses Song (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0195 or (202) 482–5041, respectively. SUPPLEMENTARY INFORMATION: Background On September 7, 2017, Commerce published the Preliminary Results.1 A summary of the events that occurred since Commerce published these results, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 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 https://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of 1 See Large Power Transformers from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2015– 2016, 82 FR 42289 (September 7, 2017) (Preliminary Results). 2 See Memorandum to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, entitled ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Large Power Transformers from the Republic of Korea; 2015– 2016’’, dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 11679 the Issues and Decision Memorandum are identical in content. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now March 9, 2018.3 Scope of the Order The scope of this order covers large liquid dielectric power transformers (LPTs) having a top power handling capacity greater than or equal to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080, and 8504.90.9540. For a complete description of the scope of the order, see Appendix I to this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. For a list of the issues raised by parties, see Appendix II to this notice. Changes Since the Preliminary Results Commerce has made no changes to the Preliminary Results. As stated in the Preliminary Results, we found that the application of total facts otherwise available with adverse inferences, for Hyosung’s and Hyundai’s weightedaverage dumping margin, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended, (the Act), was warranted. Further, we continue to find that a reasonable method for determining the rate for the three companies not selected for individual examination is to use the rate applied to the mandatory respondents (i.e., Hyosung and Hyundai) in this administrative review. Final Results of the Review The final weighted-average dumping margins are as follows: 3 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11678-11679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


Polyester Staple Fiber From the Republic of Korea and Taiwan: 
Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Antidumping Duty Orders in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based upon a request from DAK Americas, LLC, Nan Ya Plastics 
Corporation, America, Auriga Polymers, and Palmetto Synthetics LLC 
(i.e., the domestic producers), the Department of Commerce (Commerce) 
is initiating changed circumstances reviews to consider the possible 
revocation, in part, of the antidumping duty (AD) orders on polyester 
staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan with 
respect to low-melt PSF.

DATES: Applicable March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski, 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 25, 2000, Commerce published the AD orders on PSF from Korea 
and Taiwan.\1\ On December 8, 2017, the domestic producers requested 
that Commerce conduct changed circumstances reviews pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.216(b) with respect to any coarse denier low-melt PSF that may be 
currently covered by the Orders to avoid any potential overlap in 
coverage between the Orders and the pending less-than-fair-value 
investigations of low-melt polyester staple fiber from Korea and 
Taiwan.\2\ We received no comments from other interested parties.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber from the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber 
from the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000) 
(Orders).
    \2\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 
82 FR 34277 (July 24, 2017); see also Low Melt Polyester Staple 
Fiber from the Republic of Korea: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, in Part, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 4906 (February 2, 2018).
---------------------------------------------------------------------------

Scope of the Orders

    The product covered by the orders is certain polyester staple fiber 
(PSF). PSF is defined as synthetic staple fibers, not carded, combed or 
otherwise processed for spinning, of polyesters measuring 3.3 decitex 
(3 denier, inclusive) or more in diameter. This merchandise is cut to 
lengths varying from one inch (25 mm) to five inches (127 mm). The 
merchandise subject to these orders may be coated, usually with a 
silicon or other finish, or not coated. PSF is generally used as 
stuffing in sleeping bags, mattresses, ski jackets, comforters, 
cushions, pillows, and furniture. Merchandise of less than 3.3 decitex 
(less than 3 denier) currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) at subheading 5503.20.00.25 is 
specifically excluded from these orders. Also specifically excluded 
from these orders are polyester staple fibers of 10 to 18 denier that 
are cut to lengths of 6 to 8 inches (fibers used in the manufacture of 
carpeting). In addition, low-melt PSF is excluded from these orders. 
Low-melt PSF is defined as a bi-component fiber with an outer sheath 
that melts at a significantly lower temperature than its inner core.
    The merchandise subject to these orders is currently classifiable 
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.\3\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the orders 
is dispositive.
---------------------------------------------------------------------------

    \3\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
---------------------------------------------------------------------------

Proposed Revocation of the Orders

    The domestic producers propose that the Orders be revoked with 
respect to coarse denier low-melt PSF. Should Commerce determine to 
revoke the Orders, in part, the domestic producers propose that 
Commerce replace the language currently in the scope, ``{i{time} n 
addition, low-melt PSF is excluded from these orders. Low-melt PSF is 
defined as a bi-component fiber with an outer sheath that melts at a 
significantly lower temperature than its inner core,'' with the 
following language: ``{i{time} n addition, low-melt PSF is excluded 
from these orders. Low-melt PSF is defined as a bi-component polyester 
fiber having a polyester fiber component that melts at a lower 
temperature than the other polyester fiber component.''

Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Orders, in Part

    Pursuant to section 751(b)(1) of the Act, Commerce will conduct a 
changed circumstances review upon receipt of a request an interested 
party that shows changed circumstances sufficient to warrant a review 
of an order.\4\ In accordance with 19 CFR 351.216(d), Commerce 
determines that the information submitted by the domestic producers 
constitutes sufficient evidence to conduct changed circumstances 
reviews of the Orders.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.216.
---------------------------------------------------------------------------

    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
Commerce determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation 
and preliminary results. In its administrative practice, Commerce has 
interpreted ``substantially all'' to mean producers accounting for at 
least 85 percent of the total U.S. production of the domestic like 
product covered by the order.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------

    The domestic producers did not submit any documentation supporting 
their claim that they account for substantially all of the domestic 
production of PSF. We are providing interested parties with the 
opportunity to address the issue of domestic industry support with 
respect to this requested partial revocation of the orders, as 
explained below. After examining comments, if any, concerning domestic 
industry support, Commerce will issue the preliminary results of these 
changed circumstances reviews.

[[Page 11679]]

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these changed circumstances reviews, including 
comments concerning industry support. Comments and factual information 
may be submitted to Commerce no later than ten days after the date of 
publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with Commerce no later than seven days after 
the comments and/or factual information are filed.\6\ All submissions 
must be filed electronically using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS).\7\ An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on 
the due dates set forth in this notice.
---------------------------------------------------------------------------

    \6\ Submission of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \7\ See, generally, 19 CFR 351.303.
---------------------------------------------------------------------------

Preliminary and Final Results of the Review

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of the antidumping duty changed circumstances 
review in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which 
will set forth Commerce's preliminary factual and legal conclusions. 
Commerce will issue its final results of the changed circumstances 
review in accordance with the time limits set forth in 19 CFR 
351.216(e).

    Dated: March 12, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-05373 Filed 3-15-18; 8:45 am]
 BILLING CODE 3510-DS-P