Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 14332-14334 [2023-04757]
Download as PDF
<![CDATA[
14332
Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices
the period January 1, 2021, through
December 31, 2021:
Company
Subsidy rate
(percent
ad valorem)
Trina Solar (Changzhou)
Science & Technology
Co., Ltd 5 ...........................
8.75
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), Commerce
preliminarily assigned a subsidy rate in
the amount for the producer/exporter
shown above. Upon completion of the
administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Rates
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits in the amounts
indicated for the producer/exporter
listed above with regard to shipments of
subject merchandise entered or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailable duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
5 This rate applies to Trina Solar (Changzhou)
Science & Technology Co., Ltd. and its cross-owned
companies: Yancheng Trina Solar Guoneng Science
& Technology Co., Ltd.; Trina Solar (Su Qian)
Technology Co., Ltd.; Trina Solar Yiwu Technology
Co., Ltd.; Trina Solar Co., Ltd.; Trina Solar
(Yancheng Dafeng) Co., Ltd.; Trina Solar Science &
Technology (Yancheng) Co., Ltd.; Trina Solar
(Suqian) Optoelectronics Co., Ltd.; Trina Solar
(Changzhou) Optoelectronic Device Co., Ltd.;
Changzhou Trina Solar Yabang Energy Co., Ltd.;
Hubei Trina Solar Energy Co., Ltd.; Turpan Trina
Solar Energy Co., Ltd.; Trina Solar (Hefei) Science
and Technology Co., Ltd.; Changzhou Hesai PV
Ribbon Materials Co., Ltd.; Changzhou Hewei New
Material Technology Co., Ltd.; Changzhou Trina
Hezhong PV Co., Ltd.; and Changzhou Trina PV
Ribbon Materials Co., Ltd.
VerDate Sep<11>2014
16:48 Mar 07, 2023
Jkt 259001
shall remain in effect until further
notice.
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
reaching the preliminary results within
five days of publication of these
preliminary results, in accordance with
19 CFR 351.224(b).
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Public Comment
Case briefs or other written
documents may be submitted to the
Assistant Secretary for Enforcement and
Compliance.6 A timeline for the
submission of case and rebuttal briefs
and written comments will be provided
to interested parties at a later date.
Pursuant to 19 CFR 351.301(c) and
(d)(2), parties who wish to submit case
or rebuttal briefs in this review are
requested to submit for each argument:
(1) a statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. All briefs must be
filed electronically using ACCESS. Note
that Commerce has modified certain of
its requirements for serving documents
containing business proprietary
information, until further notice.7
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 do so
within 30 days after the date of
publication of this notice by submitting
a written request to the Assistant
Secretary for Enforcement and
Compliance.8 Requests should contain:
(1) the party’s name, address, and
telephone number; (2) the number of
participants and whether a participant
is a foreign national; and (3) a list of the
issues to be discussed. If a hearing
request 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.
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of
Commerce’s analysis of the issues raised
in the case briefs, within 120 days after
the date of the preliminary results,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
6 See
19 CFR 351.309(c) and (d).
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
8 See 19 CFR 351.310(c).
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of China’s Economy
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount
Rates, and Benchmarks for Measuring
the Adequacy of Remuneration
VIII. Use of Facts Otherwise Available and
Application of Adverse Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–04756 Filed 3–7–23; 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: Final 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) determines that
Toray Advanced Materials Korea, Inc.
(TAK) made sales of subject
merchandise at less than normal value
during the period of review (POR),
August 1, 2020, through July 31, 2021.
DATES: Applicable March 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado, Melissa Porpotage, or
Andrew Hart, 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,
(202) 482–1413, and (202) 482–1058
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 16, 2018, Commerce
published in the Federal Register an AD
order on low melt polyester staple fiber
(low melt PSF) from the Republic of
Korea (Korea).1 On September 6, 2022,
7 See
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Antidumping Duty
Orders, 83 FR 40752 (August 16, 2018) (Order).
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices
Commerce published the Preliminary
Results of this administrative review.2
On December 6, 2022, Commerce
released the verification report and
invited parties to comment on the
Preliminary Results.3 Also in December
2022, Commerce received a case brief
from Nan Ya plastics Corporation,
America (the petitioner) and a rebuttal
brief from TAK.4 On December 20, 2022,
Commerce extended the deadline for the
final results until March 3, 2023.5 For a
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.6
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the 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.
lotter on DSK11XQN23PROD with NOTICES1
Verification
On August 31, 2021, the petitioner
requested that Commerce conduct
verification of TAK’s responses.
Accordingly, as provided in section
782(i)(3) of the Act, we verified
2 See Low Melt Polyester Staple Fiber from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2020–
2021, 87 FR 54456 (September 6, 2022) (Preliminary
Results).
3 See Memoranda, ‘‘Verification of Toray
Advanced Materials Korea, Inc.,’’ dated December
6, 2022 (TAK Verification Report); and ‘‘Briefing
Schedule for the Final Results,’’ dated December 7,
2022.
4 See Petitioner’s Letter, ‘‘Petitioner’s Case Brief
for Toray Advanced Materials Korea, Inc.,’’ dated
December 14, 2022; see also TAK’s Letter, ‘‘TAK’s
Rebuttal Brief,’’ dated December 21, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2020–2021 Antidumping Duty
Administrative Review,’’ dated December 20, 2022.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and
Decision Memorandum).
VerDate Sep<11>2014
16:48 Mar 07, 2023
Jkt 259001
information relied upon for the final
results of this review.7
14333
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
Analysis of Comments Received
total entered value of the sales. Where
All issues raised in the case and
either the respondent’s weightedrebuttal briefs are listed in the appendix average dumping margin is zero or de
to this notice and addressed in the
minimis, within the meaning of 19 CFR
Issues and Decision Memorandum. The
351.106(c)(1), or an importer-specific
Issues and Decision Memorandum is a
rate is zero or de minimis, we will
public document and is on file
instruct CBP to liquidate the appropriate
electronically via Enforcement and
entries without regard to antidumping
Compliance’s Antidumping and
duties.
The final results of this review shall
Countervailing Duty Centralized
be the basis for the assessment of
Electronic Service System (ACCESS).
antidumping duties on entries of
ACCESS is available to registered users
at https://access.trade.gov. In addition, a merchandise covered by the final results
of this review and for future deposits of
complete version of the Issues and
Decision Memorandum can be accessed estimated duties, where applicable.9
Commerce’s ‘‘automatic assessment’’
directly at https://access.trade.gov/
will apply to entries of subject
public/FRNoticesListLayout.aspx.
merchandise during the POR produced
Changes Since the Preliminary Results
by TAK for which TAK did not know
Based on a review of the record and
that the merchandise it sold to the
intermediary (e.g., a reseller, trading
comments received from interested
company, or exporter) was destined for
parties regarding our Preliminary
Results, we made certain changes to the the United States. In such instances, we
will instruct CBP to liquidate
preliminary weighted-average margin
unreviewed entries at the all-others rate
calculations for TAK.8
if there is no rate for the intermediate
Final Results of Review
company(ies) involved in the
We are assigning the following
transaction.
weighted-average dumping margin to
Commerce intends to issue
TAK for the period August 1, 2020,
assessment instructions to CBP no
earlier than 35 days after the date of
through July 31, 2021:
publication of the final results of this
Weighted- review in the Federal Register. If a
average
timely summons is filed at the U.S.
Producer/exporter
dumping
Court of International Trade, the
margin
assessment instructions will direct CBP
(percent)
not to liquidate relevant entries until the
Toray Advanced Materials
time for parties to file a request for a
Korea, Inc ................................
1.97
statutory injunction has expired (i.e.,
within 90 days of publication).
Disclosure
Cash Deposit Requirements
Commerce intends to disclose the
The following cash deposit
calculations performed in connection
requirements will be effective for all
with these final results of review to
shipments of the subject merchandise
parties in this review within five days
entered, or withdrawn from warehouse,
after public announcement of the final
for consumption on or after the
results or, if there is no public
publication date of the final results of
announcement, within five days of the
this administrative review, as provided
date of publication of this notice in the
Federal Register, in accordance with 19 by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each specific
CFR 351.224(b).
company listed above will be that
Assessment Rates
established in the final results of this
Pursuant to section 751(a)(2)(C) of the review, except if the rate is less than
0.50 percent and, therefore, de minimis
Act, and 19 CFR 351.212(b)(1),
within the meaning of 19 CFR
Commerce has determined, and U.S.
351.106(c)(1), in which case the cash
Customs and Border Protection (CBP)
deposit rate will be zero; (2) for
shall assess, antidumping duties on all
previously investigated companies not
appropriate entries of subject
participating in this review, the cash
merchandise in accordance with the
deposit will continue to be the
final results of this review.
company-specific rate published for the
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem most recently completed segment of this
proceeding; (3) if the exporter is not a
7 See
8 See
PO 00000
TAK Verification Report.
Issues and Decision Memorandum.
Frm 00009
Fmt 4703
Sfmt 4703
9 See
E:\FR\FM\08MRN1.SGM
section 751(a)(2)(C) of the Act.
08MRN1
14334
Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices
Comment 2: Cost Smoothing
VI. Recommendation
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 16.27
percent, the all-others rate established
in the LTFV investigation.10 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
[FR Doc. 2023–04757 Filed 3–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–839]
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties 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 antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This notice is being issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: March 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Additional Additive Codes
Reported by TAK
10 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Antidumping Duty
Orders, 83 FR 40752, (August 16, 2018).
VerDate Sep<11>2014
16:48 Mar 07, 2023
Jkt 259001
Scope of the Order 4
Steel Propane Cylinders From
Thailand: Final 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) determines that
Sahamitr Pressure Container Plc. (also
known as Sahamitr Pressure Container
Public Company Limited) (SMPC) made
sales of subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) August 1, 2020, through July 31,
2021.
DATES: Applicable March 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, 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) 482–7851.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 6, 2022, Commerce
published the Preliminary Results of the
2020–2021 administrative review of the
antidumping duty order on steel
propane cylinders from Thailand and
invited interested parties to comment.1
This review covers one producer/
exporter of the subject merchandise,
SMPC.2 For a summary of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.3 Commerce conducted
this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
1 See Steel Propane Cylinders from Thailand:
Preliminary Results of Antidumping Duty
Administrative Review; 2020–2021, 87 FR 54476
(September 6, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
3 See Memorandum, ‘‘Steel Propane Cylinders
from Thailand: Issues and Decision Memorandum
for the Final Results of Antidumping Duty
Administrative Review; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
The merchandise covered by this
Order is steel propane cylinders from
Thailand. A full description of the scope
of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is included
in the appendix to this notice. The
Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade/gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments received from
interested parties regarding our
Preliminary Results and our review of
the record to address those comments,
we made certain changes to the
preliminary weighted-average dumping
margin calculations for SMPC, as
detailed in the Issues and Decision
Memorandum.
Final Results of Review
As a result of this administrative
review, Commerce determines that the
following weighted-average dumping
margin exists for the POR, August 1,
2020, through July 31, 2021:
Exporter/producer
Sahamitr Pressure Container Plc
Weightedaverage
dumping
margin
(percent)
10.64
Disclosure
Commerce intends to disclose the
calculations performed for these final
results within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
4 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Orders, 84 FR 41703 (August 15,
2019) (Order).
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14332-14334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04757]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea: Final
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) determines that
Toray Advanced Materials Korea, Inc. (TAK) made sales of subject
merchandise at less than normal value during the period of review
(POR), August 1, 2020, through July 31, 2021.
DATES: Applicable March 8, 2023.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado, Melissa Porpotage, or
Andrew Hart, 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, (202) 482-1413, and (202) 482-1058 respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2018, Commerce published in the Federal Register an
AD order on low melt polyester staple fiber (low melt PSF) from the
Republic of Korea (Korea).\1\ On September 6, 2022,
[[Page 14333]]
Commerce published the Preliminary Results of this administrative
review.\2\ On December 6, 2022, Commerce released the verification
report and invited parties to comment on the Preliminary Results.\3\
Also in December 2022, Commerce received a case brief from Nan Ya
plastics Corporation, America (the petitioner) and a rebuttal brief
from TAK.\4\ On December 20, 2022, Commerce extended the deadline for
the final results until March 3, 2023.\5\ For a description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\6\
---------------------------------------------------------------------------
\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 Low Melt Polyester Staple Fiber from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 54456 (September 6, 2022) (Preliminary
Results).
\3\ See Memoranda, ``Verification of Toray Advanced Materials
Korea, Inc.,'' dated December 6, 2022 (TAK Verification Report); and
``Briefing Schedule for the Final Results,'' dated December 7, 2022.
\4\ See Petitioner's Letter, ``Petitioner's Case Brief for Toray
Advanced Materials Korea, Inc.,'' dated December 14, 2022; see also
TAK's Letter, ``TAK's Rebuttal Brief,'' dated December 21, 2022.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
2020-2021 Antidumping Duty Administrative Review,'' dated December
20, 2022.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the 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.
Verification
On August 31, 2021, the petitioner requested that Commerce conduct
verification of TAK's responses. Accordingly, as provided in section
782(i)(3) of the Act, we verified information relied upon for the final
results of this review.\7\
---------------------------------------------------------------------------
\7\ See TAK Verification Report.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
TAK.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of Review
We are assigning the following weighted-average dumping margin to
TAK for the period August 1, 2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................ 1.97
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), 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. 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 antidumping duties.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\9\
---------------------------------------------------------------------------
\9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by TAK for which TAK did
not know that the merchandise it sold to the 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.
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 cash 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 each specific
company listed above will be that 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 previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a
[[Page 14334]]
firm covered in this review, or the original less-than-fair-value
(LTFV) investigation, but the manufacturer is, then the cash deposit
rate will be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 16.27 percent, the
all-others rate established in the LTFV investigation.\10\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\10\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752, (August 16,
2018).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is being issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: March 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Additional Additive Codes Reported by TAK
Comment 2: Cost Smoothing
VI. Recommendation
[FR Doc. 2023-04757 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P
