Certain Polyester Staple Fiber From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 37851-37852 [2023-12337]

Download as PDF Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 20.58 percent, the rate established in the investigation of this proceeding.4 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Comment 3: Whether to Continue Collapsing Deacero and Ingetek Comment 4: Whether Certain Companies Should be Collapsed with Deacero Comment 5: Whether to Correct the Treatment of Certain Selling Expenses Comment 6: Whether to Revise the Treatment of Certain Unreconciled Costs Comment 7: Whether to Revise the Financial Expense Ratio Comment 8: Whether to Include Window Period Sales in the Analysis Comment 9: Whether to Revise the Treatment of Certain Missing Costs Comment 10: Whether Commerce Should Rely on Acerero’s Post-Preliminary Home Market Sales Database Comment 11: Whether Commerce Should Rely on a Combined General and Administrative Expense Ratio for Acerero Comment 12: Whether to Modify the Preliminary Treatment of Affiliated Scrap Purchases VI. Recommendation [FR Doc. 2023–12332 Filed 6–8–23; 8:45 am] BILLING CODE 3510–DS–P Administrative Protective Order This notice also serves as a final 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)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1). Dated: June 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 the Issues Comment 1: Whether to Apply Adverse Facts Available to Deacero Group Comment 2: Whether the Names of Certain Entities Should Be Treated as Proprietary Information 4 See Order, 79 FR at 65926. VerDate Sep<11>2014 16:49 Jun 08, 2023 Jkt 259001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] Certain Polyester Staple Fiber From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain polyester staple fiber (PSF) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable June 9, 2023. FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482–6274. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2023, Commerce published the notice of initiation of the third sunset review of the AD order on PSF from China 1 pursuant to section 1 See Notice of Antidumping Duty Order: Certain Polyester Staple Fiber from the People’s Republic of China, 72 FR 30545 (June 1, 2007) (Order). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 37851 751(c) of the Tariff Act of 1930, as amended (the Act).2 On March 15, 2023, Auriga Polymers Inc, Fiber Industries LLC, and Nan Ya Plastics Corporation, America (collectively, the domestic interested parties) notified Commerce of their intent to participate within the 15-day period 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 as producers of domestic like product in the United States. On March 30, 2023, Commerce received a complete substantive response to the Initiation Notice with respect to the Order from the domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive a substantive response from any other interested parties with respect to the Order covered by this sunset review. On April 20, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties in this sunset review.5 Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The scope of the Order is certain polyester staple fiber from China. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum.6 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 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915 (March 1, 2023) (Initiation Notice). 3 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Notice of Intent to Participate,’’ dated March 15, 2023. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Substantive Response,’’ dated March 30, 2023. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on March 1, 2023,’’ dated April 20, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Result of the Expedited Third Sunset Review of the Antidumping Duty Order on Certain Polyester Staple Fiber from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice. E:\FR\FM\09JNN1.SGM 09JNN1 37852 Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices (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 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. DEPARTMENT OF COMMERCE International Trade Administration [A–580–809] Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to a continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be weightedaverage margins up to 44.30 percent. 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/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 sanctionable violation. Notification to Interested Parties We are issuing and publishing the results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218 and 351.221(c)(5)(ii). Dated: June 5, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix lotter on DSK11XQN23PROD with NOTICES1 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order 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 Review VIII. Recommendation [FR Doc. 2023–12337 Filed 6–8–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:49 Jun 08, 2023 Jkt 259001 Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020– 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Husteel Co., Ltd. (Husteel) and certain producers/exporters subject to this administrative review made sales of circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) at less than normal value during the period of review (POR), November 1, 2020, through October 31, 2021. In addition, Commerce determines that NEXTEEL Co., Ltd. (NEXTEEL) did not make sales of subject merchandise in the United States at prices below NV during the POR. DATES: Applicable June 9, 2023. FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5075. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 5, 2022, Commerce published the Preliminary Results of this administrative review.1 The review covers 24 producers and/or exporters of subject merchandise. We invited interested parties to comment on the Preliminary Results. A summary of the events that occurred since Commerce published the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, are discussed in the Issues and Decision Memorandum.2 Commerce conducted this review in accordance with section 1 See Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020– 2021, 87 FR 74402 (December 5, 2021) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2020– 2021 Administrative Review of the Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 3 The merchandise subject to the Order is circular welded non-alloy steel pipe and tube. Imports of the product are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.4 Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are listed in Appendix I 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 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results For reasons explained in the Issues and Decision Memorandum, we made changes to the macros program to implement our intended methodology for cost recovery in quarterly cost and to no longer overwrite the home market sales control number (CONNUM) characteristics. Additionally, we changed the total cost of manufacturing variable ‘‘TTOTCOM’’ to ‘‘TOTCOM’’ in the comparison market program for consistency. For a more detailed discussion of the changes, see the Issues and Decision Memorandum.5 Rate for Non-Examined Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual 3 See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Order). 4 Id. 5 Id. E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37851-37852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Order

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

SUMMARY: As a result of this expedited sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) order on certain polyester staple fiber (PSF) 
from the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable June 9, 2023.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482-6274.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2023, Commerce published the notice of initiation of 
the third sunset review of the AD order on PSF from China \1\ pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
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    \1\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915 
(March 1, 2023) (Initiation Notice).
---------------------------------------------------------------------------

    On March 15, 2023, Auriga Polymers Inc, Fiber Industries LLC, and 
Nan Ya Plastics Corporation, America (collectively, the domestic 
interested parties) notified Commerce of their intent to participate 
within the 15-day period 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 as producers of domestic like product in 
the United States.
---------------------------------------------------------------------------

    \3\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Notice of Intent to Participate,'' dated March 
15, 2023.
---------------------------------------------------------------------------

    On March 30, 2023, Commerce received a complete substantive 
response to the Initiation Notice with respect to the Order from the 
domestic interested parties within the 30-day period specified in 19 
CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive 
response from any other interested parties with respect to the Order 
covered by this sunset review. On April 20, 2023, Commerce notified the 
U.S. International Trade Commission that it did not receive an adequate 
substantive response from respondent interested parties in this sunset 
review.\5\ Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset review of this Order.
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Substantive Response,'' dated March 30, 2023.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on March 
1, 2023,'' dated April 20, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The scope of the Order is certain polyester staple fiber from 
China. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
provided in the accompanying Issues and Decision Memorandum.\6\ 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

[[Page 37852]]

(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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Result of the Expedited Third Sunset Review of the Antidumping 
Duty Order on Certain Polyester Staple Fiber from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice.
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would likely lead to a 
continuation or recurrence of dumping and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins up 
to 44.30 percent.

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/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305. 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 sanctionable violation.

Notification to Interested Parties

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

    Dated: June 5, 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. History of the Order
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 Review
VIII. Recommendation

[FR Doc. 2023-12337 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P

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