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]
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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]
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9 See
Initiation Checklist at 4 and 6.
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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
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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).
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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
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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]
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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.
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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).
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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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Scope of the Orders 8
---------------------------------------------------------------------------
\8\ See Orders.
---------------------------------------------------------------------------
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