Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 54456-54458 [2022-19194]
Download as PDF
<![CDATA[
54456
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
this preliminary determination to
interested parties within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
jspears on DSK121TN23PROD with NOTICES
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the last verification report is issued
in this investigation. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.11 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance within 30 days after the
date of publication of this notice.
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
11 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination whether imports of white
grape juice concentrate from Argentina
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: August 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers
white grape juice concentrate with a Brix
level of 65 to 68, whether in frozen or nonfrozen forms. White grape juice concentrate
is concentrated grape juice produced from
grapes of the Vitis vinifera L. species with a
white flesh, including fresh market table
grapes and raisin grapes (e.g., Thompson
Seedless), as well as several varietals of wine
grapes (e.g., Chardonnay, Chenin Blanc,
Sauvignon Blanc, Colombard, etc.). The
scope of this investigation covers white grape
juice concentrate regardless of whether it has
been certified as kosher, organic, or organic
kosher. The white grape juice concentrate
subject to this investigation consists of 100
percent grape juice with no other types of
juice intermixed and no additional sugars or
additives included.
The scope does not cover white grape juice
concentrate produced from grapes of the Vitis
labrusca species (e.g., Niagara).
The products covered by this investigation
are currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 2009.69.0040
and 2009.69.0060. The HTSUS subheadings
and specifications are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
III. Injury Test
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022–19190 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Preliminary
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole producer/
exporter subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
August 1, 2020, through July 31, 2021.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Melissa Porpotage,
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) 482–4682 or
(202) 482–1413, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 7, 2021, based on a timely
request for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty (AD) order 1 on low
melt polyester staple fiber (low melt
PSF) from the Republic of Korea
(Korea).2 The review covers one
producer/exporter of the subject
merchandise, Toray Advanced Materials
Korea, Inc. (TAK). On April 20, 2022,
Commerce extended the preliminary
results of this review by 120 days, until
August 31, 2022.3 For a complete
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Antidumping Duty
Orders, 83 FR 40752 (August 16, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811, 55814 (October 7, 2021).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020–2021 Antidumping
Duty Administrative Review,’’ dated April 20, 2022.
E:\FR\FM\06SEN1.SGM
06SEN1
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.5
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.13
Verification
Assessment Rates
As provided in section 782(i)(3)(A)
and (B) of the Act, Commerce intends to
verify the information relied upon for its
final results.
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
ADs on all appropriate entries.14
Pursuant to 19 CFR 351.212(b)(1),
where the respondent reported the
entered value of its U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where the
respondent did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to ADs.
The final results of this review shall
be the basis for the assessment of ADs
on entries of merchandise covered by
the final results of this review and for
future deposits of estimated duties,
where applicable.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by TAK for which it did not know that
the merchandise it sold to an
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.15
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.4
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Scope of the Order
jspears on DSK121TN23PROD with NOTICES
The merchandise subject to this Order
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 Order is
dispositive.
Toray Advanced Materials
Korea, Inc. .........................
1.89
Disclosure
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
Methodology
submission of case briefs and written
comments will be provided to interested
Commerce is conducting this review
parties at a later date.6 Rebuttal briefs,
in accordance with sections 751(a)(1)(B)
limited to issues raised in the case
and (2) of the Tariff Act of 1930, as
briefs, may be filed no later than seven
amended (the Act). Export price is
days after the time limit for filing case
calculated in accordance with section
briefs.7 Parties who submit case briefs or
772 of the Act. NV is calculated in
rebuttal briefs in this proceeding are
accordance with section 773 of the Act.
encouraged to submit with each
For a full description of the
argument: (1) a statement of the issue;
methodology underlying our
(2) a brief summary of the argument;
conclusions, see the Preliminary
and (3) a table of authorities.8 Case and
Decision Memorandum. A list of the
rebuttal briefs should be filed using
topics discussed in the Preliminary
ACCESS.9
Decision Memorandum is attached as an
Pursuant to 19 CFR 351.310(c),
appendix to this notice. The Preliminary interested parties who wish to request a
Decision Memorandum is a public
hearing must submit a written request to
document and is on file electronically
the Assistant Secretary for Enforcement
via Enforcement and Compliance’s
and Compliance, U.S. Department of
Antidumping and Countervailing Duty
Commerce, filed electronically via
Centralized Electronic Service System
ACCESS within 30 days after the date of
(ACCESS). ACCESS is available to
publication of this notice.10 Hearing
registered users at https://
requests should contain: (1) the party’s
access.trade.gov. In addition, a complete name, address, and telephone number;
version of the Preliminary Decision
(2) the number of participants; and (3)
Memorandum can be accessed directly
a list of issues to be discussed. Issues
at https://access.trade.gov/public/
raised in the hearing will be limited to
FRNoticesListLayout.aspx.
issues raised in the briefs. If a request
for a hearing is made, parties will be
Preliminary Results of the Review
notified of the date and time for the
hearing.11
As a result of this review, we
An electronically filed document
preliminarily determine that the
must be received successfully in its
following weighted-average dumping
margin exists for TAK for the period
5 See 19 CFR 351.224(b).
August 1, 2020, through July 31, 2021:
6 See
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020–2021
Administrative Review of the Antidumping Duty
Order on Low Melt Polyester Staple Fiber from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
54457
19 CFR 351.309(c).
7 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303.
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See section 751(a)(3)(A) of the Act.
14 See 19 CFR 351.212(b).
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\06SEN1.SGM
06SEN1
54458
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for TAK will be equal
to the weighted-average dumping
margin established in the final results of
this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 16.27 percent, the all-others rate
established in the LTFV investigation.16
These deposit requirements, when
imposed, shall remain in effect until
further notice.
jspears on DSK121TN23PROD with NOTICES
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of ADs
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of ADs
occurred and the subsequent assessment
of double ADs.
16 See
Order.
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022–19194 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038, C–570–039]
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Preliminary Affirmative Determinations
of Circumvention
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that amorphous silica fabric
with 70–90 percent silica content (70–
90 percent ASF) from the People’s
Republic of China (China) is
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain amorphous silica
fabric (ASF) from China.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1121.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 27, 2017, Commerce
published the AD and CVD orders on
imports of ASF from China.1 On August
20, 2021, Auburn Manufacturing, Inc.,
the petitioner in the AD and CVD
investigations, requested that Commerce
initiate circumvention inquiries with
regard to 70–90 percent ASF that is
1 See Certain Amorphous Silica Fabric from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 14314 (March 17, 2017); and Certain
Amorphous Silica Fabric from the People’s
Republic of China: Countervailing Duty Order, 82
FR 14316 (March 17, 2017) (collectively, Orders).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
exported to the United States from
China.2 In its allegation, Auburn
Manufacturing, Inc. (the petitioner)
alleged that 70–90 percent ASF
constitutes merchandise altered in form
or appearance in such minor respects
that it should be included within the
scope of the Orders, pursuant to section
781(c) of the Tariff Act of 1930, as
amended, (the Act) and 19 CFR
351.225(i). In addition, the petitioner
alleged that 70–90 percent ASF is laterdeveloped merchandise and should be
included within the scope of the Orders,
pursuant to section 781(d) of the Act
and 19 CFR 351.225(j). The petitioner
requested that Commerce conduct these
circumvention inquiries on an orderwide basis.3
On November 24, 2021, Commerce
published in the Federal Register the
notice of initiation of these
circumvention inquiries.4 In that notice,
Commerce initiated the circumvention
inquiries on the basis of the minor
alterations allegation, pursuant to
section 781(c) of the Act and 19 CFR
351.225(i).5 However, Commerce
declined to initiate the circumvention
inquiries on the basis of the laterdeveloped merchandise allegation,
pursuant to section 781(d) of the Act
and 19 CFR 351.225(j).6 Commerce
initiated the inquiries on a country-wide
basis.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.7 A list of topics
2 See Petitioner’s Letter, ‘‘Certain Amorphous
Silica Fabric from the People’s Republic of China:
Request for Anti-Circumvention Inquiry,’’ dated
August 20, 2021 (Petitioner’s Request).
3 Id. at 2.
4 See Certain Amorphous Silica Fabric Between
70 and 90 Percent Silica, from the People’s
Republic of China: Initiation of Circumvention
Inquiry of Antidumping and Countervailing Duty
Orders—70–90 Percent Amorphous Silica Fabric, 86
FR 67022 (November 24, 2021) (Initiation Notice),
and accompanying Initiation Decision
Memorandum. Although Commerce recently
published revisions to its circumvention
regulations, under 19 CFR 351.226, the new
circumvention regulations apply to circumvention
inquiries for which a circumvention request is filed
on or after November 4, 2021. See Regulations to
Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR
52300 (September 20, 2021) (‘‘{a}mendments to
§ 351.226 . . . apply to circumvention inquiries for
which a circumvention request is filed . . . on or
after November 4, 2021’’). Because Auburn
Manufacturing, Inc. (the petitioner) filed its request
on August 20, 2021, before the effective date of the
new regulations, these circumvention inquiries are
being conducted according to the circumvention
regulations, 19 CFR 351.226, in effect prior to
November 4, 2021. Id.
5 Initiation Notice, 86 FR at 67023.
6 Id.
7 See Memorandum, ‘‘Certain Amorphous Silica
Fabric from the People’s Republic of China:
Preliminary Affirmative Determination of
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54456-54458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19194]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole producer/exporter subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) August 1, 2020,
through July 31, 2021. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Melissa Porpotage,
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) 482-4682 or (202)
482-1413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2021, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty (AD) order \1\ on low melt polyester
staple fiber (low melt PSF) from the Republic of Korea (Korea).\2\ The
review covers one producer/exporter of the subject merchandise, Toray
Advanced Materials Korea, Inc. (TAK). On April 20, 2022, Commerce
extended the preliminary results of this review by 120 days, until
August 31, 2022.\3\ For a complete
[[Page 54457]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16,
2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811, 55814 (October 7, 2021).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
April 20, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Low Melt Polyester Staple Fiber from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this Order 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 Order is dispositive.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary 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. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for TAK for the period
August 1, 2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc.................... 1.89
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(3)(A) and (B) of the Act, Commerce
intends to verify the information relied upon for its final results.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments will be provided to
interested parties at a later date.\6\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\7\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\8\ Case and rebuttal
briefs should be filed using ACCESS.\9\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(c).
\7\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\10\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in 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 date and
time for the hearing.\11\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\12\
---------------------------------------------------------------------------
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
ADs on all appropriate entries.\14\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to ADs.
The final results of this review shall be the basis for the
assessment of ADs on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by TAK for which it did not
know that the merchandise it sold to an intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\15\
---------------------------------------------------------------------------
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
[[Page 54458]]
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for TAK will be
equal to the weighted-average dumping margin established in the final
results of this review, except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (2) for companies not
participating in this review, the cash deposit rate will continue to be
the company-specific cash deposit rate published for the most recently
completed segment; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, then the cash deposit rate will be the cash deposit
rate established for the most recently completed segment for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 16.27 percent, the
all-others rate established in the LTFV investigation.\16\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\16\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of ADs prior to liquidation of the relevant
entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of ADs occurred and the subsequent assessment of double ADs.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022-19194 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
