Polyester Staple Fiber From the Republic of Korea and Taiwan: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty Orders in Part, 17364-17366 [2018-08198]
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
rate by the lowest export subsidy rate
determined for any party in the
companion CVD proceeding, which was
10.65 percent.
Pursuant to section 777A(f) of the Act,
we normally adjust AD cash deposit
rates for estimated domestic subsidy
pass-through, where appropriate.
However, in this case there is no basis
to grant a domestic subsidy passthrough adjustment.9
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce to extend that fourmonth period to no more than six
months.
At the request of exporters that
account for a significant proportion of
aluminum foil from China, we extended
the four-month period to no more than
six months in this case.10 In the
underlying investigation, Commerce
published the Preliminary
Determination on November 2, 2017.
Therefore, the extended period
beginning on the date of publication of
the Preliminary Determination ends
May 2, 2018. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, because the publication of
the ITC’s final injury determination
occurred before the expiration of the
extended provisional measures,
suspension of liquidation continues
through the issuance of the AD order.
daltland on DSKBBV9HB2PROD with NOTICES
This notice constitutes the AD order
with respect to aluminum foil from
China pursuant to section 736(a) of the
Act. Interested parties can find a list of
AD orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order and amended final
determination are published in
accordance with sections 736(a) and
735(e) of the Act and 19 CFR 351.211
and 351.224(e).
9 See Final Determination and accompanying
Issues and Decision Memorandum.
10 See Preliminary Determination and
accompanying Preliminary Decision Memorandum.
17:49 Apr 18, 2018
Jkt 244001
Appendix—Scope of the Order
The merchandise covered by this order is
aluminum foil having a thickness of 0.2 mm
or less, in reels exceeding 25 pounds,
regardless of width. Aluminum foil is made
from an aluminum alloy that contains more
than 92 percent aluminum. Aluminum foil
may be made to ASTM specification ASTM
B479, but can also be made to other
specifications. Regardless of specification,
however, all aluminum foil meeting the
scope description is included in the scope,
including aluminum foil to which lubricant
has been applied to one or both sides of the
foil.
Excluded from the scope of this order is
aluminum foil that is backed with paper,
paperboard, plastics, or similar backing
materials on one side or both sides of the
aluminum foil, as well as etched capacitor
foil and aluminum foil that is cut to shape.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above. The products under the order are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6000,
7607.11.9030, 7607.11.9060, 7607.11.9090,
and 7607.19.6000. Further, merchandise that
falls within the scope of this proceeding may
also be entered into the United States under
HTSUS subheadings 7606.11.3060,
7606.11.6000, 7606.12.3045, 7606.12.3055,
7606.12.3090, 7606.12.6000, 7606.91.3090,
7606.91.6080, 7606.92.3090, and
7606.92.6080.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
[FR Doc. 2018–08115 Filed 4–18–18; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Interested Parties
VerDate Sep<11>2014
Dated: April 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.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839, A–583–833]
Polyester Staple Fiber From the
Republic of Korea and Taiwan:
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke Antidumping Duty Orders in
Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2017, the
Department of Commerce (Commerce)
received a request for revocation, in
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
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.
We preliminarily determine that the
Orders shall be revoked, in part, with
respect to low-melt PSF, as described
below. Commerce invites interested
parties to comment on these preliminary
results.
DATES: Effective April 19, 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, DAK Americas, LLC; Nan Ya
Plastics Corporation, America; Auriga
Polymers; and Palmetto Synthetics LLC
(i.e., 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
On March 16, 2018, Commerce
published the notice of initiation of the
requested changed circumstances
reviews.3 Because the domestic
producers did not provide any
supporting documentation for their
statement that they accounted for
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 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,
83 FR 11678 (March 16, 2018) (Initiation Notice);
see also Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Initiation of LessThan-Fair-Value Investigations, 82 FR 34277 (July
24, 2017); 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 Id.
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substantially all of the domestic
production of PSF, in the Initiation
Notice, we invited interested parties to
submit comments concerning industry
support for the potential revocation, in
part, as well as comments and/or factual
information regarding the changed
circumstances reviews.4 We received no
comments or factual information from
other interested parties.
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 5503.20.00.65.5 Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under the orders is dispositive.
daltland on DSKBBV9HB2PROD with NOTICES
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an AD or countervailing
duty order, in whole or in part, based on
a review under section 751(b) of the Act
(i.e., a changed circumstances review).
Section 751(b)(1) of the Act requires a
changed circumstances review to be
conducted upon receipt of a request
4 Id.
5 These HTSUS numbers have been revised to
reflect changes in the HTSUS numbers at the suffix
level.
VerDate Sep<11>2014
17:49 Apr 18, 2018
Jkt 244001
which shows changed circumstances
sufficient to warrant a review. Section
782(h)(2) of the Act gives Commerce the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
order. Section 351.222(g) of Commerce’s
regulations provides that Commerce
will conduct a changed circumstances
review under 19 CFR 351.216, and may
revoke an order (in whole or in part), if
it concludes that: (i) Producers
accounting for substantially all of the
production of the domestic like product
to which the order pertains have
expressed a lack of interest in the relief
provided by the order, in whole or in
part; or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Both the Act and
Commerce’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
Commerce to revoke the order, in whole
or in part.6 Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.7
Commerce’s regulations do not
specify a deadline for the issuance of
the preliminary results of a changed
circumstances review, but provide that
Commerce will issue the final results of
review within 270 days after the date on
which the changed circumstances
review is initiated.8 Commerce did not
issue a combined notice of initiation
and preliminary results. As discussed
above, while the statement provided by
the domestic producers indicated they
accounted for substantially all domestic
production of PSF, the domestic
producers did not offer any
documentation supporting their claim.9
Thus, Commerce did not determine in
the Initiation Notice that producers
accounting for substantially all of the
production of the domestic like product
lacked interest in the continued
application of the Orders as to low-melt
PSF under consideration here. Further,
Commerce requested interested party
comments on the issue of domestic
6 See Section 782(h) of the Act and 19 CFR
351.222(g).
7 See Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012) (Honey from Argentina
Prelim), unchanged in Honey from Argentina; Final
Results of Antidumping and Countervailing Duty
Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders, 77
FR 77029 (December 31, 2012) (Honey from
Argentina Final).
8 See 19 CFR 351.216(e).
9 See Initiation Notice.
PO 00000
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Fmt 4703
Sfmt 4703
17365
industry support of a potential partial
revocation of the Orders.10 Commerce
received no comments concerning a lack
of industry support with respect to these
changed circumstances reviews.
As noted in the Initiation Notice,
domestic producers requested
revocation of the Orders, in part, and
supported their request. In the absence
of any interested party comments
received during the comment period, we
preliminarily conclude that changed
circumstances warrant revocation of the
Orders, in part, because the producers
accounting for substantially all of the
production of the domestic like product
to which the Orders pertain lack interest
in the relief provided by the Orders with
respect to low-melt PSF, as described
above. We will consider comments from
interested parties on these preliminary
results of reviews before issuing the
final results of these reviews.11
Accordingly, we are notifying the
public of our intent to revoke the
Orders, in part. We intend to carry out
this revocation by replacing the
following language currently in the
scope of the Orders: ‘‘{i}n addition, lowmelt PSF is excluded from these orders.
Low-melt PSF is defined as a bicomponent fiber with an outer sheath
that melts at a significantly lower
temperature than its inner core,’’ with
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.’’
If we make a final determination to
revoke the Orders in part, then
Commerce will apply this determination
to each order as follows. If, at the time
of the final determinations, there have
been no completed administrative
reviews of an order, then the partial
revocation will be applied to
unliquidated entries of merchandise
subject to the changed circumstances
review that were entered or withdrawn
from warehouse, for consumption, on or
after the date that corresponds to the
date suspension of liquidation first
began in the relevant proceeding. If, at
the time of the final determinations,
there have been completed
administrative reviews of an order, then
the partial revocation will be
retroactively applied to unliquidated
entries of merchandise subject to the
changed circumstances reviews that
were entered or withdrawn from
warehouse, for consumption, on or after
10 Id.
11 See e.g., Honey from Argentina Prelim;
unchanged in Honey from Argentina Final.
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
the day following the last day of the
period covered by the most recently
completed administrative review of the
applicable order. Therefore, under this
scenario, the partial revocation for
merchandise subject to the Orders
would be applied retroactively to
unliquidated entries of merchandise
entered or withdrawn from warehouse,
for consumption, on or after May 1,
2017.12
Public Comment
daltland on DSKBBV9HB2PROD with NOTICES
Interested parties are invited to
comment on these preliminary results of
reviews in accordance with 19 CFR
351.309(c)(1)(ii). Case briefs may be
submitted no later than ten days after
the date of publication of these
preliminary results.13 Rebuttals to case
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the due date for case
briefs.14 All submissions must be filed
electronically using Enforcement and
Compliance’s AD and CVD Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. 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.
Any interested party may request a
hearing within 14 days of publication of
this notice. Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
12 The most recent administrative review of the
Korea AD order was completed on August 2, 2017,
and covered May 1, 2016 through April 30, 2017.
See Polyester Staple Fiber from the Republic of
Korea: Rescission of Antidumping Duty
Administrative Review; 2016–2017, 82 FR 37052
(August 8, 2017) (which rescinds the review for the
Korea AD order, A–580–839). For the Taiwan AD
order, A–583–833, Commerce did not receive a
request to conduct an administrative review for the
period of review (POR) May 1, 2016 through April
30, 2017. Commerce issued instructions to U.S.
Customs and Border Protection on July 21, 2017,
liquidating all entries for all firms for the POR.
13 Commerce is altering the deadline for the
submission of case briefs, as authorized by 19 CFR
351.309(c)(1)(ii).
14 Commerce is altering the deadline for the
submission of rebuttal briefs, as authorized by 19
CFR 351.309(d)(1).
VerDate Sep<11>2014
17:49 Apr 18, 2018
Jkt 244001
NW, Washington, DC 20230 in a room
to be determined.15
Commerce intends to issue the final
results of these changed circumstances
reviews, which will include its analysis
of any written comments received, no
later than 270 days after the date on
which these reviews were initiated, or
within 45 days if all parties to the
proceeding agree to the outcome of the
review.
If, in the final results of these reviews,
Commerce continues to determine that
changed circumstances warrant the
revocation of the Orders, in part, we
will instruct U.S. Customs and Border
Protection (CBP) to liquidate without
regard to AD duties all unliquidated
entries of the merchandise covered by
the exclusion language above entered or
withdrawn from warehouse, for
consumption, on or after the effective
dates indicated above. In addition, we
will instruct CBP to refund any
estimated AD cash deposits collected on
such entries.
The current requirement for cash
deposits of estimated AD duties on all
entries of subject merchandise will
continue unless they are modified
pursuant to the final results of these
changed circumstances reviews. If, in
the final results of these reviews,
Commerce continues to determine that
changed circumstances warrant the
revocation of the Orders, in part, we
will instruct CBP to discontinue
collecting cash deposits on entries of
merchandise covered by the exclusion
language above effective on the date of
publication of the final results of these
changed circumstances reviews.
These preliminary results of reviews
and notice are in accordance with
sections 751(b) and 777(i) of the Act and
19 CFR 351.221 and 19 CFR 351.222.
Dated: April 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. 2018–08198 Filed 4–18–18; 8:45 am]
BILLING CODE 3510–DS–P
15 See
PO 00000
19 CFR 351.310(d).
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Marine Technology
and Services Enterprise Impact and
Utilization Survey Sponsored by the
U.S. Integrated Ocean Observing
System
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before June 18, 2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Carl Gouldman, (240) 533–
9454 or carl.gouldman@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for reinstatement with
changes of an information collection
supported by Section 12302 (3) of the
Integrated Coastal and Ocean
Observation System Act (ICOOS Act)
part of the Omnibus Public Land
Management Act of 2009 (Pub. L. 111–
11). The survey is voluntary.
NOAA’s National Ocean Service is
requesting approval to repeat a webbased survey of employers who provide
either services or infrastructure to the
Integrated Ocean Observing System
(IOOS) or organizations that add value
to the IOOS data and other outputs by
tailoring them for specific end uses. The
purpose of the survey and overall
project is to gather data to articulate the
collective and derived value of the IOOS
enterprise, and to create a profile of
businesses and organizations who are
involved with providing services or
utilizing the data for other specific end
uses. This will be the second survey of
its kind on a national scale following
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]]>Agencies
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17364-17366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08198]
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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:
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke Antidumping Duty Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2017, the Department of Commerce (Commerce)
received a request for 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. We preliminarily
determine that the Orders shall be revoked, in part, with respect to
low-melt PSF, as described below. Commerce invites interested parties
to comment on these preliminary results.
DATES: Effective April 19, 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, DAK Americas, LLC; Nan Ya Plastics
Corporation, America; Auriga Polymers; and Palmetto Synthetics LLC
(i.e., 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\
---------------------------------------------------------------------------
\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 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,
83 FR 11678 (March 16, 2018) (Initiation Notice); see also 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); 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).
---------------------------------------------------------------------------
On March 16, 2018, Commerce published the notice of initiation of
the requested changed circumstances reviews.\3\ Because the domestic
producers did not provide any supporting documentation for their
statement that they accounted for
[[Page 17365]]
substantially all of the domestic production of PSF, in the Initiation
Notice, we invited interested parties to submit comments concerning
industry support for the potential revocation, in part, as well as
comments and/or factual information regarding the changed circumstances
reviews.\4\ We received no comments or factual information from other
interested parties.
---------------------------------------------------------------------------
\3\ Id.
\4\ Id.
---------------------------------------------------------------------------
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.\5\
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under the orders
is dispositive.
---------------------------------------------------------------------------
\5\ These HTSUS numbers have been revised to reflect changes in
the HTSUS numbers at the suffix level.
---------------------------------------------------------------------------
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or countervailing duty order, in whole or in
part, based on a review under section 751(b) of the Act (i.e., a
changed circumstances review). Section 751(b)(1) of the Act requires a
changed circumstances review to be conducted upon receipt of a request
which shows changed circumstances sufficient to warrant a review.
Section 782(h)(2) of the Act gives Commerce the authority to revoke an
order if producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order. Section 351.222(g) of Commerce's regulations provides that
Commerce will conduct a changed circumstances review under 19 CFR
351.216, and may revoke an order (in whole or in part), if it concludes
that: (i) Producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the relief provided by the order, in whole or in
part; or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\6\
Commerce has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product.\7\
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\6\ See Section 782(h) of the Act and 19 CFR 351.222(g).
\7\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012) (Honey from Argentina Prelim), unchanged in
Honey from Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders, 77 FR 77029 (December
31, 2012) (Honey from Argentina Final).
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Commerce's regulations do not specify a deadline for the issuance
of the preliminary results of a changed circumstances review, but
provide that Commerce will issue the final results of review within 270
days after the date on which the changed circumstances review is
initiated.\8\ Commerce did not issue a combined notice of initiation
and preliminary results. As discussed above, while the statement
provided by the domestic producers indicated they accounted for
substantially all domestic production of PSF, the domestic producers
did not offer any documentation supporting their claim.\9\ Thus,
Commerce did not determine in the Initiation Notice that producers
accounting for substantially all of the production of the domestic like
product lacked interest in the continued application of the Orders as
to low-melt PSF under consideration here. Further, Commerce requested
interested party comments on the issue of domestic industry support of
a potential partial revocation of the Orders.\10\ Commerce received no
comments concerning a lack of industry support with respect to these
changed circumstances reviews.
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\8\ See 19 CFR 351.216(e).
\9\ See Initiation Notice.
\10\ Id.
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As noted in the Initiation Notice, domestic producers requested
revocation of the Orders, in part, and supported their request. In the
absence of any interested party comments received during the comment
period, we preliminarily conclude that changed circumstances warrant
revocation of the Orders, in part, because the producers accounting for
substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to low-melt PSF, as described above. We will
consider comments from interested parties on these preliminary results
of reviews before issuing the final results of these reviews.\11\
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\11\ See e.g., Honey from Argentina Prelim; unchanged in Honey
from Argentina Final.
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Accordingly, we are notifying the public of our intent to revoke
the Orders, in part. We intend to carry out this revocation by
replacing the following language currently in the scope of the Orders:
``{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.''
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows. If, at
the time of the final determinations, there have been no completed
administrative reviews of an order, then the partial revocation will be
applied to unliquidated entries of merchandise subject to the changed
circumstances review that were entered or withdrawn from warehouse, for
consumption, on or after the date that corresponds to the date
suspension of liquidation first began in the relevant proceeding. If,
at the time of the final determinations, there have been completed
administrative reviews of an order, then the partial revocation will be
retroactively applied to unliquidated entries of merchandise subject to
the changed circumstances reviews that were entered or withdrawn from
warehouse, for consumption, on or after
[[Page 17366]]
the day following the last day of the period covered by the most
recently completed administrative review of the applicable order.
Therefore, under this scenario, the partial revocation for merchandise
subject to the Orders would be applied retroactively to unliquidated
entries of merchandise entered or withdrawn from warehouse, for
consumption, on or after May 1, 2017.\12\
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\12\ The most recent administrative review of the Korea AD order
was completed on August 2, 2017, and covered May 1, 2016 through
April 30, 2017. See Polyester Staple Fiber from the Republic of
Korea: Rescission of Antidumping Duty Administrative Review; 2016-
2017, 82 FR 37052 (August 8, 2017) (which rescinds the review for
the Korea AD order, A-580-839). For the Taiwan AD order, A-583-833,
Commerce did not receive a request to conduct an administrative
review for the period of review (POR) May 1, 2016 through April 30,
2017. Commerce issued instructions to U.S. Customs and Border
Protection on July 21, 2017, liquidating all entries for all firms
for the POR.
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Public Comment
Interested parties are invited to comment on these preliminary
results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case
briefs may be submitted no later than ten days after the date of
publication of these preliminary results.\13\ Rebuttals to case briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the due date for case briefs.\14\ All submissions must
be filed electronically using Enforcement and Compliance's AD and CVD
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and in the Central Records
Unit, room B8024 of the main Department of Commerce building. 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.
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\13\ Commerce is altering the deadline for the submission of
case briefs, as authorized by 19 CFR 351.309(c)(1)(ii).
\14\ Commerce is altering the deadline for the submission of
rebuttal briefs, as authorized by 19 CFR 351.309(d)(1).
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Any interested party may request a hearing within 14 days of
publication of this notice. Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the time and date for the hearing to be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230 in a room to be determined.\15\
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\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of these changed
circumstances reviews, which will include its analysis of any written
comments received, no later than 270 days after the date on which these
reviews were initiated, or within 45 days if all parties to the
proceeding agree to the outcome of the review.
If, in the final results of these reviews, Commerce continues to
determine that changed circumstances warrant the revocation of the
Orders, in part, we will instruct U.S. Customs and Border Protection
(CBP) to liquidate without regard to AD duties all unliquidated entries
of the merchandise covered by the exclusion language above entered or
withdrawn from warehouse, for consumption, on or after the effective
dates indicated above. In addition, we will instruct CBP to refund any
estimated AD cash deposits collected on such entries.
The current requirement for cash deposits of estimated AD duties on
all entries of subject merchandise will continue unless they are
modified pursuant to the final results of these changed circumstances
reviews. If, in the final results of these reviews, Commerce continues
to determine that changed circumstances warrant the revocation of the
Orders, in part, we will instruct CBP to discontinue collecting cash
deposits on entries of merchandise covered by the exclusion language
above effective on the date of publication of the final results of
these changed circumstances reviews.
These preliminary results of reviews and notice are in accordance
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19
CFR 351.222.
Dated: April 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. 2018-08198 Filed 4-18-18; 8:45 am]
BILLING CODE 3510-DS-P
