Polyester Staple Fiber From the Republic of Korea and Taiwan: Continuation of the Antidumping Duty Orders, 51055-51056 [2022-17920]

Download as PDF Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–807] Sulfanilic Acid From India: Rescission of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on sulfanilic acid from India, covering the period January 1, 2021 through December 31, 2021. DATES: Applicable August 19, 2022. FOR FURTHER INFORMATION CONTACT: Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5848. SUPPLEMENTARY INFORMATION: AGENCY: lotter on DSK11XQN23PROD with NOTICES1 Background On March 3, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the CVD order on sulfanilic acid from India.1 On March 30, 2022, the Government of India (GOI) timely requested that Commerce conduct an administrative review of the CVD order on sulfanilic acid from India covering the period of review (POR) January 1, 2021, through December 31, 2021, without naming specific producers or exporters.2 We received no other requests for review. On May 13, 2022, Commerce published in the Federal Register a notice of initiation of an administrative review with respect to all producers and exporters of sulfanilic acid from India, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).3 On May 18, 2022, Commerce notified all interested parties that we requested U.S. Customs and Border Protection (CBP) entry data for all producer/exporters of sulfanilic acid from India during the POR, and that the results of the query indicated that there were no reviewable entries from 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 12086 (March 3, 2022). 2 See GOI’s Letter, ‘‘Request for Administrative Review of Countervailing duty imposed on Sulfanilic Acid (C533–807),’’ dated March 30, 2022. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022). VerDate Sep<11>2014 18:26 Aug 18, 2022 Jkt 256001 producers/exporters from India during the POR.4 In the CBP Entry Memorandum, we also stated that, because there were no reviewable entries, we were notifying interested parties of our intent to rescind the review in full, and we provided all parties an opportunity to comment on the CBP data and our intent to rescind.5 No party submitted comments. Rescission of Review Pursuant to 19 CFR 351.213(d)(3), it is Commerce’s practice to rescind an administrative review of a CVD order where it concludes that there were no reviewable entries of subject merchandise during the POR.6 Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate for the review period.7 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the calculated CVD assessment rate for the review period.8 As noted above, there were no entries of subject merchandise during the POR from producers/exporters from India during the POR. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding this administrative review, in its entirety, in accordance with 19 CFR 351.213(d)(3). Assessment Commerce will instruct CBP to assess countervailing duties on all appropriate entries. Because Commerce is rescinding this review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative 4 See Memorandum, ‘‘CBP Entry Data Release,’’ dated May 18, 2022 (CBP Entry Memorandum). 5 Id. 6 See, e.g., Certain Softwood Lumber Products from Canada: Final Results and Final Rescission, in Part, of the Countervailing Duty Administrative Review, 2020, 87 FR 48455 (August 9, 2022). 7 See 19 CFR 351.212(b)(2). 8 See 19 CFR 351.213(d)(3). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 51055 protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of the APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). Dated: August 15, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–17856 Filed 8–18–22; 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: Continuation of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders. AGENCY: DATES: Applicable August 19, 2022. FOR FURTHER INFORMATION CONTACT: Theodore Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631. SUPPLEMENTARY INFORMATION: Background On May 25, 2000, Commerce published the Orders on PSF from Korea E:\FR\FM\19AUN1.SGM 19AUN1 51056 Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices and Taiwan.1 On January 3, 2022, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), Commerce published the initiation of the fourth sunset reviews of the Orders and the ITC instituted its review of the Orders.2 As a result of its reviews, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of dumping. Commerce, therefore, notified the ITC of the magnitude of the margins of dumping rates likely to prevail should these Orders be revoked.3 On August 12, 2022, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 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 lotter on DSK11XQN23PROD with NOTICES1 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); see also Certain Polyester Staple Fiber from Korea: Notice of Amended Final Determination and Amended Order Pursuant to Final Court Decision, 68 FR 74552 (December 24, 2003). 2 See Initiation Notice of Five-Year (Sunset) Reviews, 87 FR 76 (January 3, 2022); see also Polyester Staple Fiber from Korea and Taiwan; Institution of Five-Year Reviews, 87 FR 119 (January 3, 2022). 3 See Polyester Staple Fiber the Republic of Korea, and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 87 FR 27567 (May 9, 2022), and accompanying Issues and Decision Memorandum. 4 See Certain Polyester Staple Fiber from South Korea and Taiwan, 87 FR 49886 (August 12, 2022); see also Certain Polyester Staple Fiber from South Korea and Taiwan, Investigation Nos. 731–TA–825– 826 (Fourth Review), USITC Pub. 5341 (August 2022). VerDate Sep<11>2014 18:26 Aug 18, 2022 Jkt 256001 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. Lowmelt 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. The merchandise subject to these Orders is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the Orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. The U.S. Customs 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 Orders 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 five-year (sunset) reviews of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–17920 Filed 8–18–22; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–570–030; C–580–882] Certain Cold-Rolled Steel Flat Products From the People’s Republic of China and the Republic of Korea: Continuation of Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the countervailing duty (CVD) orders on certain cold-rolled steel flat products (cold-rolled steel or CRS) from the People’s Republic of China (China) and the Republic of Korea (Korea) would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the CVD orders. DATES: Applicable August 19, 2022. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Harrison Tanchuck, 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) 482–1221 or (202) 482–7421, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 14 and September 20, 2016, Commerce published in the Federal Register the CVD orders on cold-rolled steel from China and Korea, respectively.1 On June 1, 2021, Commerce published a notice of initiation of the first sunset review of the Orders, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 Commerce conducted expedited (120-day) sunset reviews of the Orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these reviews, pursuant to sections 751(c)(1) and 752(c) of the 1 See Certain Cold-Rolled Steel Flat Products from the People’s Republic of China: Countervailing Duty Order, 81FR 45960 (July 14, 2016) (CRS China Order); and Certain Cold-Rolled Steel Flat Products from Brazil, India, and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determination and Countervailing DutyOrder (the Republic of Korea) and Countervailing Duty Orders (Brazil and India), 81 FR 64436 (September 20, 2016) (CRS Korea Order) (collectively, the Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239 (June 1, 2021). E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51055-51056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17920]


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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: 
Continuation of the Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on polyester staple 
fiber (PSF) from the Republic of Korea (Korea) and Taiwan would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, Commerce is publishing a notice of 
continuation of these AD orders.

DATES: Applicable August 19, 2022.

FOR FURTHER INFORMATION CONTACT: Theodore Pearson, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2631.

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2000, Commerce published the Orders on PSF from Korea

[[Page 51056]]

and Taiwan.\1\ On January 3, 2022, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act), Commerce published the 
initiation of the fourth sunset reviews of the Orders and the ITC 
instituted its review of the Orders.\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); see also Certain Polyester Staple Fiber from Korea: Notice 
of Amended Final Determination and Amended Order Pursuant to Final 
Court Decision, 68 FR 74552 (December 24, 2003).
    \2\ See Initiation Notice of Five-Year (Sunset) Reviews, 87 FR 
76 (January 3, 2022); see also Polyester Staple Fiber from Korea and 
Taiwan; Institution of Five-Year Reviews, 87 FR 119 (January 3, 
2022).
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    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of dumping. Commerce, 
therefore, notified the ITC of the magnitude of the margins of dumping 
rates likely to prevail should these Orders be revoked.\3\
---------------------------------------------------------------------------

    \3\ See Polyester Staple Fiber the Republic of Korea, and 
Taiwan: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 87 FR 27567 (May 9, 2022), and accompanying 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On August 12, 2022, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to the continuation or recurrence of material injury 
to an industry in the United States within a reasonably foreseeable 
time.\4\
---------------------------------------------------------------------------

    \4\ See Certain Polyester Staple Fiber from South Korea and 
Taiwan, 87 FR 49886 (August 12, 2022); see also Certain Polyester 
Staple Fiber from South Korea and Taiwan, Investigation Nos. 731-TA-
825-826 (Fourth Review), USITC Pub. 5341 (August 2022).
---------------------------------------------------------------------------

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 polyester fiber having a 
polyester fiber component that melts at a lower temperature than the 
other polyester fiber component.
    The merchandise subject to these Orders is currently classifiable 
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the Orders 
is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Orders. The U.S. Customs 
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 Orders 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 five-year (sunset) 
reviews of the Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-17920 Filed 8-18-22; 8:45 am]
BILLING CODE 3510-DS-P

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