Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order, 60641-60642 [2023-19041]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60641-60642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19041]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on certain polyester 
staple fiber (PSF) from the People's Republic of China (China) would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of the AD order.

DATES: Applicable August 29, 2023.

FOR FURTHER INFORMATION CONTACT: Emily Halle, 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) 482-0176.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2007, Commerce published in the Federal Register the AD 
order on PSF from China.\1\ On March 1, 2023, the ITC instituted,\2\ 
and Commerce initiated,\3\ the third sunset review of the Order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). As a result of its review, Commerce determined that revocation of 
the Order would likely lead to continuation or recurrence of dumping, 
and, therefore, notified the ITC of the magnitude of the margins of 
dumping likely to prevail should the Order be revoked.\4\
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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 Certain Polyester Staple Fiber from China; Institution 
of a Five-Year Review, 88 FR 12987 (March 1, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915 
(March 1, 2023).
    \4\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Final Results of the Expedited Third Sunset 
Review of the Antidumping Duty Order, 88 FR 37851 (June 9, 2023).

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[[Page 60642]]

    On August 29, 2023, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Certain Polyester Staple Fiber from China, 88 FR 59538 
(August 29, 2023).
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Scope of the Order

    The product covered by the Order is synthetic staple fibers, not 
carded, combed or otherwise processed for spinning, of polyesters 
measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This 
merchandise is cut to lengths varying from one inch (25 mm) to five 
inches (127 mm). The subject merchandise may be coated, usually with a 
silicon or other finish, or not coated. PSF is generally used as 
stuffing in sleeping bags, mattresses, ski jackets, comforters, 
cushions, pillows, and furniture.
    The following products are excluded from the scope: (1) PSF of less 
than 3.3 decitex (less than 3 denier) currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheading 
5503.20.0025 and known to the industry as PSF for spinning and 
generally used in woven and knit applications to produce textile and 
apparel products; (2) PSF of 10 to 18 denier that are cut to lengths of 
6 to 8 inches and that are generally used in the manufacture of 
carpeting; and (3) low-melt PSF defined as a bi-component fiber with an 
outer, non-polyester sheath that melts at a significantly lower 
temperature than its inner polyester core (classified at HTSUS 
5503.20.0015).
    Certain PSF is classifiable under the HTSUS subheadings 
5503.20.0045 and 5503.20.0065. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise under the Order is dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or a 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Order will be August 
29, 2023. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order not later than 30 days prior to the fifth anniversary of 
the date of the last determination by the Commission.

Administrative Protective Order

    This notice also 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(a)(3). Timely written notification of 
the return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply is a violation 
of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act and published in accordance 
with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19041 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P