Fine Denier Polyester Staple Fiber From the People's Republic of China, India, the Republic of South Korea, and Taiwan: Final Results of Expedited First Sunset Reviews of the Antidumping Duty Orders, 37512-37513 [2023-12260]

Download as PDF 37512 Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Notices initiation and direct CBP to continue the suspension of liquidation of entries of products subject to this circumvention inquiry that were already subject to the suspension of liquidation under the Order and to apply the cash deposit rates that would be applicable if the products were determined to be covered by the scope of the Order. Should Commerce issue affirmative preliminary or final circumvention determinations, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)–(4). Notification to Interested Parties In accordance with 19 CFR 351.226(d) and section 781(c) of the Act, Commerce determines that the petitioners’ request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of this circumvention inquiry to determine whether small and large garlic chunks produced in and exported from China are circumventing the Order and the opportunity to comment on any additional entities that import small and large garlic chunks to the United States. In addition, we have included a description of the products that are the subject to this inquiry and an explanation of Commerce’s decision to initiate this inquiry as provided in the accompanying Initiation Checklist.9 In accordance with 19 CFR 351.226(e)(1), Commerce intends to issue its preliminary circumvention determination no later than 150 days from the date of publication of the notice of initiation of this circumvention inquiry in the Federal Register. This notice is published in accordance with section 781(c) of the Act, and 19 CFR 351.226(d)(1)(ii). Dated: June 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–12242 Filed 6–7–23; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 3510–DS–P 9 See Initiation Checklist at 4 and 6. VerDate Sep<11>2014 16:15 Jun 07, 2023 Jkt 259001 interested parties claimed domestic interested party status under section International Trade Administration 771(9)(C) of the Act as producers of the [A–570–060, A–533–875, A–580–893, A–583– domestic like product in the United States.6 Commerce did not receive a 860] substantive response from any respondent interested party, nor was a Fine Denier Polyester Staple Fiber hearing requested. On March 23, 2023, From the People’s Republic of China, India, the Republic of South Korea, and Commerce notified the International Trade Commission that it did not Taiwan: Final Results of Expedited receive adequate substantive responses First Sunset Reviews of the from respondent interested parties.7 As Antidumping Duty Orders a result, pursuant to section 751(c)(3)(B) AGENCY: Enforcement and Compliance, of the Act and 19 CFR International Trade Administration, 351.218(e)(1)(ii)(C)(2), Commerce Department of Commerce. conducted expedited (120-day) sunset SUMMARY: As a result of these expedited reviews of the Orders. sunset reviews, the U.S. Department of Scope of the Orders 8 Commerce (Commerce) finds that revocation of the antidumping duty The merchandise covered by the (AD) orders on fine denier polyester Orders is fine denier PSF, not carded or staple fiber (fine denier PSF) from the combed, measuring less than 3.3 decitex People’s Republic of China (China), (3 denier) in diameter. The scope covers India, the Republic of Korea (South all fine denier PSF, whether coated or Korea), and Taiwan would likely lead to uncoated. For a complete description of continuation or recurrence of dumping the scope of the Order, see the Issues at the levels indicated in the ‘‘Final and Decision Memorandum.9 Results of Sunset Reviews’’ section of Analysis of Comments Received this notice. A complete discussion of all issues DATES: Applicable June 8, 2023. raised in these sunset reviews, FOR FURTHER INFORMATION CONTACT: including the likelihood of continuation Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, or recurrence of dumping and the magnitude of the dumping margins International Trade Administration, likely to prevail if the Orders were U.S. Department of Commerce, 1401 revoked, is provided in the Issues and Constitution Avenue NW, Washington, Decision Memorandum. A list of the DC 20230; telephone: (202) 482–2081. sections in the Issues and Decision SUPPLEMENTARY INFORMATION: Memorandum is in the appendix to this Background notice. The Issues and Decision After Commerce initiated these sunset Memorandum is a public document and is on file electronically via Enforcement reviews 1 of the Orders,2 pursuant to and Compliance’s Antidumping and section 751(c) of the Tariff Act of 1930, Countervailing Duty Centralized as amended (the Act), domestic Electronic Service System (ACCESS). interested parties 3 timely submitted complete notices of intent to participate ACCESS is available to registered users in,4 and adequate substantive responses at https://access.trade.gov. In addition, a complete version of the Issues and regarding, the reviews.5 The domestic Decision Memorandum can be accessed DEPARTMENT OF COMMERCE 1 See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 (February 1, 2023). 2 See Fine Denier Polyester Staple Fiber from the People’s Republic of China, India, the Republic of Korea, and Taiwan: Antidumping Duty Orders, 83 FR 34545 (July 20, 2018) (Orders). 3 The domestic interested parties are Auriga Polymers Inc.; Fiber Industries LLC; Nan Ya Plastics Corporation, America; and Sun Fiber LLC. 4 See Domestic Interested Parties’ Letters, ‘‘Fine Denier Polyester Staple Fiber from India—Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 15, 2023; ‘‘Fine Denier Polyester Staple Fiber from the People’s Republic of China— Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 15, 2023; ‘‘Fine Denier Polyester Staple Fiber from the Republic of Korea— Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 15, 2023; and ‘‘Fine Denier Polyester Staple Fiber from Taiwan— Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 15, 2023. 5 See Domestic Interested Parties’ Letters, ‘‘Fine Denier Polyester Staple Fiber from India—Domestic PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Interested Parties’ Substantive Response,’’ dated March 3, 2023; ‘‘Fine Denier Polyester Staple Fiber from the People’s Republic of China—Domestic Interested Parties’ Substantive Response,’’ dated March 2, 2023; ‘‘Fine Denier Polyester Staple Fiber from Korea—Domestic Interested Parties’ Substantive Response,’’ dated March 3, 2023; and ‘‘Fine Denier Polyester Staple Fiber from Taiwan— Domestic Interested Parties’ Substantive Response,’’ dated March 2, 2023. 6 Id. 7 See Commerce’s Letter ‘‘Sunset Reviews Initiated on February 1, 2023,’’ dated March 23, 2023. 8 See Orders. 9 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the First Expedited Sunset Reviews of the Antidumping Duty Orders on Fine Denier Polyester Staple Fiber from India, the People’s Republic of China, the Republic of Korea, and Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Notices directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. DEPARTMENT OF COMMERCE International Trade Administration Final Results of Sunset Reviews [C–533–876] Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Orders would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail are weighted-average margins up to 103.06 percent for China, 21.43 percent for India, 45.23 percent for South Korea, and 48.86 percent for Taiwan. This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely notification of the return or destruction of APO materials or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on fine denier polyester staple fiber (fine denier PSF) from India would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable June 8, 2023. FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2081. SUPPLEMENTARY INFORMATION: Notification to Interested Parties Background We are issuing and publishing these final results of sunset reviews in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii). On March 16, 2018, Commerce published in the Federal Register the CVD order on fine denier PSF from India.1 On February 1, 2023, Commerce initiated the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On February 15, 2023, Commerce received a timely notice of intent to participate from Auriga Polymers Inc., Fiber Industries LLC, Nan Ya Plastics Corporation, America, and Sun Fiber LLC (collectively, the domestic interested parties) within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as producers of the domestic like product. On March 3, 2023, Commerce received an adequate substantive Administrative Protective Order Dated: May 30, 2023. Lisa Wang, Assistant Secretary for Enforcement and Compliance. Appendix Sections in the Issues and Decision Memorandum ddrumheller on DSK120RN23PROD with NOTICES1 Fine Denier Polyester Staple Fiber From India: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2023–12260 Filed 6–7–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:15 Jun 07, 2023 Jkt 259001 AGENCY: 1 See Fine Denier Polyester Staple Fiber from the People’s Republic of China and India: Amended Final Affirmative Countervailing Duty Determination for the People’s Republic of China and Countervailing Duty Orders for the People’s Republic of China and India, 83 FR 11681 (March 16, 2018) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 (February 1, 2023) (Initiation Notice). 3 See Domestic Interested Parties’ Letter, ‘‘Fine Denier Polyester Staple Fiber from India—Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 15, 2023. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 37513 response to the Initiation Notice from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from any other interested parties, including the Government of India, and no interested party requested a hearing. On March 23, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties, and that Commerce would conduct an expedited (120-day) sunset review of the Order,5 pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)–(C). Scope of the Order The product covered by the Order is fine denier PSF. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum. A list of the issues discussed in the Issues and Decision Memorandum is attached as 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/FRNotices/ListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates: 4 See Domestic Interested Parties’ Letter, ‘‘Fine Denier Polyester Staple Fiber from India—Domestic Interested Parties’ Substantive Response,’’ dated March 3, 2023. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on February 1, 2023,’’ dated March 23, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Fine Denier Polyester Staple Fiber from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37512-37513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12260]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-060, A-533-875, A-580-893, A-583-860]


Fine Denier Polyester Staple Fiber From the People's Republic of 
China, India, the Republic of South Korea, and Taiwan: Final Results of 
Expedited First Sunset Reviews of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) orders on fine denier polyester staple fiber 
(fine denier PSF) from the People's Republic of China (China), India, 
the Republic of Korea (South Korea), and Taiwan would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Reviews'' section of this notice.

DATES: Applicable June 8, 2023.

FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2081.

SUPPLEMENTARY INFORMATION: 

Background

    After Commerce initiated these sunset reviews \1\ of the Orders,\2\ 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act), domestic interested parties \3\ timely submitted complete notices 
of intent to participate in,\4\ and adequate substantive responses 
regarding, the reviews.\5\ The domestic interested parties claimed 
domestic interested party status under section 771(9)(C) of the Act as 
producers of the domestic like product in the United States.\6\ 
Commerce did not receive a substantive response from any respondent 
interested party, nor was a hearing requested. On March 23, 2023, 
Commerce notified the International Trade Commission that it did not 
receive adequate substantive responses from respondent interested 
parties.\7\ As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-
day) sunset reviews of the Orders.
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023).
    \2\ See Fine Denier Polyester Staple Fiber from the People's 
Republic of China, India, the Republic of Korea, and Taiwan: 
Antidumping Duty Orders, 83 FR 34545 (July 20, 2018) (Orders).
    \3\ The domestic interested parties are Auriga Polymers Inc.; 
Fiber Industries LLC; Nan Ya Plastics Corporation, America; and Sun 
Fiber LLC.
    \4\ See Domestic Interested Parties' Letters, ``Fine Denier 
Polyester Staple Fiber from India--Domestic Interested Parties' 
Notice of Intent to Participate,'' dated February 15, 2023; ``Fine 
Denier Polyester Staple Fiber from the People's Republic of China--
Domestic Interested Parties' Notice of Intent to Participate,'' 
dated February 15, 2023; ``Fine Denier Polyester Staple Fiber from 
the Republic of Korea--Domestic Interested Parties' Notice of Intent 
to Participate,'' dated February 15, 2023; and ``Fine Denier 
Polyester Staple Fiber from Taiwan--Domestic Interested Parties' 
Notice of Intent to Participate,'' dated February 15, 2023.
    \5\ See Domestic Interested Parties' Letters, ``Fine Denier 
Polyester Staple Fiber from India--Domestic Interested Parties' 
Substantive Response,'' dated March 3, 2023; ``Fine Denier Polyester 
Staple Fiber from the People's Republic of China--Domestic 
Interested Parties' Substantive Response,'' dated March 2, 2023; 
``Fine Denier Polyester Staple Fiber from Korea--Domestic Interested 
Parties' Substantive Response,'' dated March 3, 2023; and ``Fine 
Denier Polyester Staple Fiber from Taiwan--Domestic Interested 
Parties' Substantive Response,'' dated March 2, 2023.
    \6\ Id.
    \7\ See Commerce's Letter ``Sunset Reviews Initiated on February 
1, 2023,'' dated March 23, 2023.
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Scope of the Orders 8
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    \8\ See Orders.
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    The merchandise covered by the Orders is fine denier PSF, not 
carded or combed, measuring less than 3.3 decitex (3 denier) in 
diameter. The scope covers all fine denier PSF, whether coated or 
uncoated. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the First Expedited Sunset Reviews of the 
Antidumping Duty Orders on Fine Denier Polyester Staple Fiber from 
India, the People's Republic of China, the Republic of Korea, and 
Taiwan,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews, 
including the likelihood of continuation or recurrence of dumping and 
the magnitude of the dumping margins likely to prevail if the Orders 
were revoked, is provided in the Issues and Decision Memorandum. A list 
of the sections in the Issues and Decision Memorandum is 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

[[Page 37513]]

directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail are weighted-average margins up to 
103.06 percent for China, 21.43 percent for India, 45.23 percent for 
South Korea, and 48.86 percent for Taiwan.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of sunset reviews 
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 
and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: May 30, 2023.
Lisa Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2023-12260 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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