Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Antidumping Duty Orders, 40752-40753 [2018-17691]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40752-40753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17691]



[[Page 40752]]

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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: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty (AD) orders on low melt polyester 
staple fiber (low melt PSF) from the Republic of Korea (Korea) and 
Taiwan.

DATES: Applicable August 16, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado at (202) 482-4682 or 
Brittany Bauer at (202) 482-3860 (Korea); Rebecca Janz at (202) 482-
2972 or Ajay Menon at (202) 482-1993 (Taiwan); AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on June 22, 2018, 
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of low melt PSF from Korea and 
Taiwan.\1\ On August 6, 2018, the ITC notified Commerce of its 
affirmative determinations that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of low melt PSF from Korea and 
Taiwan, and its determination that critical circumstances do not exist 
with respect to imports of low melt PSF from Korea subject to 
Commerce's affirmative critical circumstances determination.\2\
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    \1\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part, 
83 FR 29094 (June 22, 2018) (Korea Final Determination); and Low 
Melt Polyester Staple Fiber from Taiwan: Final Determination of 
Sales at Less Than Fair Value, 83 FR 29099 (June 22, 2018).
    \2\ See Letter from the ITC to the Hon. Gary Taverman, dated 
August 6, 2018. See also Low Melt Polyester Staple Fiber from Korea 
and Taiwan, 83 FR 39461 (August 9, 2018).
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Scope of the Orders

    The merchandise subject to these 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.

Antidumping Duty Orders

    As stated above, on August 6, 2018, in accordance with sections 
735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its 
final determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of low melt PSF from Korea and Taiwan.\3\ The ITC also notified 
Commerce of its determination that critical circumstances do not exist 
with respect to imports of low melt PSF from Korea subject to 
Commerce's critical circumstances finding.\4\ Therefore, in accordance 
with section 735(c)(2) of the Act, we are issuing these AD orders. 
Because the ITC determined that imports of low melt PSF from Korea and 
Taiwan are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Korea and Taiwan, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
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    \3\ Id.
    \4\ Id.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by 
Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of low melt 
PSF from Korea and Taiwan. Antidumping duties will be assessed on 
unliquidated entries of low melt PSF from Korea and Taiwan entered, or 
withdrawn from warehouse, for consumption on or after February 2, 2018, 
the date of publication of the preliminary determinations,\5\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determination as further described below.
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    \5\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea: Preliminary 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) (Korea 
Preliminary Determination); and Low Melt Polyester Staple Fiber from 
Taiwan: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 83 FR 4903 (February 2, 2018) (Taiwan 
Preliminary Determination).
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of low melt PSF from Korea and Taiwan. Because the estimated weighted-
average dumping margin for Huvis Corporation (Huvis) in the Korea Final 
Determination was zero, entries of shipments of subject merchandise 
both produced and exported by Huvis are not subject to suspension of 
liquidation or cash deposit requirements. Entries of subject 
merchandise exported to the United States by any other producer and 
exporter combination are not entitled to this exclusion from suspension 
of liquidation and are subject to the applicable cash deposit rates 
noted below. These instructions suspending liquidation will remain in 
effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margins listed below.\6\ The 
relevant all-others rates apply to all producers or exporters not 
specifically listed, as appropriate.
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    \6\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that the suspension of liquidation 
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 four-month period to no more than six months. 
At the request of

[[Page 40753]]

exporters that account for a significant proportion of low melt PSF 
from Korea and Taiwan, we extended the four-month period to six months 
in both cases.\7\ Commerce's preliminary determinations were published 
on February 2, 2018. Therefore, the extended period, beginning on the 
date of publication of the preliminary determinations, ended on August 
1, 2018. Pursuant to section 737(b) of the Act, the collection of cash 
deposits at the rates listed below will begin on the date of 
publication of the ITC's final injury determination.
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    \7\ See Korea Preliminary Determination and Taiwan Preliminary 
Determination.
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    Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of low melt PSF from Korea and Taiwan entered, or withdrawn from 
warehouse, for consumption after August 1, 2018, the date on which the 
provisional measures expired, until and through the day preceding the 
date of publication of the ITC's final injury determinations in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination regarding imports of low melt PSF from Korea, Commerce 
will instruct CBP to lift suspension and refund any cash deposits made 
to secure payment of estimated antidumping duties on subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after November 4, 2017 (i.e., 90 days prior to the date of publication 
of the preliminary determinations), but before February 2, 2018 (i.e., 
the date of publication of the preliminary determinations).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average AD margins are as follows:

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margins
                                                               (percent)
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Korea: Huvis Corporation                                            0.00
  Toray Chemical Korea Inc..................................       16.27
  All Others................................................       16.27
Taiwan: Far Eastern New Century Corporation                        49.93
  All Others................................................       49.93
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Notification to Interested Parties

    This notice constitutes the AD orders with respect to low melt PSF 
from Korea and Taiwan 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.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: August 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-17691 Filed 8-15-18; 8:45 am]
BILLING CODE 3510-DS-P