Certain Polyester Staple Fiber From the Republic of Korea: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 45124 [2019-18559]

Download as PDF 45124 Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices and Border Protection will continue to collect AD 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 Order will be the date of publication in the Federal Register of this notice of continuation. 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 Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: August 22, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–18558 Filed 8–27–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–839] Certain Polyester Staple Fiber From the Republic of Korea: Notice of Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 12, 2019, the Department of Commerce (Commerce) initiated, and published the preliminary results of, the changed circumstances review (CCR) of the antidumping duty (AD) order on certain polyester staple fiber (PSF) from the Republic of Korea (Korea). For these final results, Commerce continues to find that Toray Advanced Materials Korea, Inc. (TAK) is the successor-in-interest to Toray Chemical Korea, Inc. (TCK). DATES: Applicable August 28, 2019. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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) 482–1395. SUPPLEMENTARY INFORMATION: jbell on DSK3GLQ082PROD with NOTICES AGENCY: Background On May 23, 2019, TAK requested that, pursuant to section 751(b) of the Tariff VerDate Sep<11>2014 20:14 Aug 27, 2019 Jkt 247001 Act of 1930, as amended (the Act), and 19 CFR 351.216(b), Commerce conduct a CCR of the AD order on PSF from Korea.1 In its request, TAK argued that it is the successor-in-interest to its wholly-owned subsidiary TCK and, accordingly, Commerce should assign it the cash deposit rate established for TCK.2 TAK stated that, in April 2019, TAK merged with TCK and, as a result of the merger, TAK assumed all of TCK’s assets, rights, and liabilities.3 On July 12, 2019, Commerce initiated this CCR and concurrently published the notice of preliminary results, determining that TAK is the successorin-interest to TCK.4 In the Initiation and Preliminary Results, we provided all interested parties an opportunity to comment and to request a public hearing regarding our preliminary finding that TAK is the successor-ininterest to TCK.5 We received no comments or requests for a public hearing from interested parties within the time period set forth in the Initiation and Preliminary Results.6 Scope of the Order The product covered by the order 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 1 See TAK’s Letter, ‘‘Certain Polyester Staple Fiber from the Republic of Korea: Changed Circumstances Review Request,’’ May 23, 2019, at 1–2. 2 Id. 3 Id. at 2. 4 See Certain Polyester Staple Fiber from the Republic of Korea: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 84 FR 33230 (July 12, 2019) (Initiation and Preliminary Results). 5 Id., 84 FR at 33232. 6 Id. PO 00000 Frm 00005 Fmt 4703 Sfmt 9990 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 5503.20.00.65.7 Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive. Final Results of Changed Circumstances Review For the reasons stated in the Initiation and Preliminary Results, and because we received no comments from interested parties to the contrary, Commerce continues to find that TAK is the successor-in-interest to TCK. As a result of this determination and consistent with established practice, we find that TAK should receive the cash deposit rate assigned to TCK. Consequently, Commerce will instruct U.S. Customs and Border Protection to suspend entries of subject merchandise produced or exported by TAK at TCK’s current cash deposit rate of 2.13 percent.8 This cash deposit requirement will be effective on the publication date of our final results and shall remain in effect until further notice. Notification to Interested Parties We are issuing this determination and publishing these final results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 19 CFR 351.216(e), 351.221(b), and 351.221(c)(3). Dated: August 22, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–18559 Filed 8–27–19; 8:45 am] BILLING CODE 3510–DS–P 7 These HTSUS numbers have been revised to reflect changes in the HTSUS numbers at the suffix level. 8 See Notice of Amended Final Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from Korea, 69 FR 67891, 67891 (November 22, 2004) (providing weightedaverage dumping margin for Saehan Industries, Inc. (Saehan). Commerce determined that Woongjin Chemical Co., Ltd. was the successor-in-interest to Saehan. See Notice of Final Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber from the Republic of Korea, 73 FR 49168 (August 20, 2008). Commerce determined that TCK was the successor-in-interest to Woongjin Chemical Co., Ltd. See Certain Polyester Staple Fiber from the Republic of Korea: Final Results of Changed Circumstances Review, 79 FR 76301 (December 22, 2014). E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Page 45124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18559]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Certain Polyester Staple Fiber From the Republic of Korea: Notice 
of Final Results of Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 12, 2019, the Department of Commerce (Commerce) 
initiated, and published the preliminary results of, the changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
certain polyester staple fiber (PSF) from the Republic of Korea 
(Korea). For these final results, Commerce continues to find that Toray 
Advanced Materials Korea, Inc. (TAK) is the successor-in-interest to 
Toray Chemical Korea, Inc. (TCK).

DATES: Applicable August 28, 2019.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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) 482-1395.

SUPPLEMENTARY INFORMATION: 

Background

    On May 23, 2019, TAK requested that, pursuant to section 751(b) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), 
Commerce conduct a CCR of the AD order on PSF from Korea.\1\ In its 
request, TAK argued that it is the successor-in-interest to its wholly-
owned subsidiary TCK and, accordingly, Commerce should assign it the 
cash deposit rate established for TCK.\2\ TAK stated that, in April 
2019, TAK merged with TCK and, as a result of the merger, TAK assumed 
all of TCK's assets, rights, and liabilities.\3\
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    \1\ See TAK's Letter, ``Certain Polyester Staple Fiber from the 
Republic of Korea: Changed Circumstances Review Request,'' May 23, 
2019, at 1-2.
    \2\ Id.
    \3\ Id. at 2.
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    On July 12, 2019, Commerce initiated this CCR and concurrently 
published the notice of preliminary results, determining that TAK is 
the successor-in-interest to TCK.\4\ In the Initiation and Preliminary 
Results, we provided all interested parties an opportunity to comment 
and to request a public hearing regarding our preliminary finding that 
TAK is the successor-in-interest to TCK.\5\ We received no comments or 
requests for a public hearing from interested parties within the time 
period set forth in the Initiation and Preliminary Results.\6\
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    \4\ See Certain Polyester Staple Fiber from the Republic of 
Korea: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 84 FR 33230 (July 12, 2019) 
(Initiation and Preliminary Results).
    \5\ Id., 84 FR at 33232.
    \6\ Id.
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Scope of the Order

    The product covered by the order 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.\7\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the orders 
is dispositive.
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    \7\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
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Final Results of Changed Circumstances Review

    For the reasons stated in the Initiation and Preliminary Results, 
and because we received no comments from interested parties to the 
contrary, Commerce continues to find that TAK is the successor-in-
interest to TCK. As a result of this determination and consistent with 
established practice, we find that TAK should receive the cash deposit 
rate assigned to TCK. Consequently, Commerce will instruct U.S. Customs 
and Border Protection to suspend entries of subject merchandise 
produced or exported by TAK at TCK's current cash deposit rate of 2.13 
percent.\8\ This cash deposit requirement will be effective on the 
publication date of our final results and shall remain in effect until 
further notice.
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    \8\ See Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Polyester Staple Fiber from Korea, 69 
FR 67891, 67891 (November 22, 2004) (providing weighted-average 
dumping margin for Saehan Industries, Inc. (Saehan). Commerce 
determined that Woongjin Chemical Co., Ltd. was the successor-in-
interest to Saehan. See Notice of Final Results of Changed 
Circumstances Antidumping Duty Review: Certain Polyester Staple 
Fiber from the Republic of Korea, 73 FR 49168 (August 20, 2008). 
Commerce determined that TCK was the successor-in-interest to 
Woongjin Chemical Co., Ltd. See Certain Polyester Staple Fiber from 
the Republic of Korea: Final Results of Changed Circumstances 
Review, 79 FR 76301 (December 22, 2014).
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Notification to Interested Parties

    We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Act and 19 CFR 351.216(e), 351.221(b), and 
351.221(c)(3).

    Dated: August 22, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-18559 Filed 8-27-19; 8:45 am]
 BILLING CODE 3510-DS-P