International Trade Administration December 30, 2019 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on polyester staple fiber from Korea for the period of review (POR) May 1, 2018 through April 30, 2019, based on the timely withdrawal of the requests for review.

The Department of Commerce (Commerce) preliminarily determines that RMB Fasteners Ltd. and IFI & Morgan Ltd. (collectively, RMB/IFI) and Certified Products International Inc. (CPI) did not have any shipments of subject merchandise during the period of review (POR), and that the 172 remaining companies subject to this administrative review should be treated as part of the China-wide entity because they failed to demonstrate their eligibility for a separate rate. The POR is April 1, 2018 through March 31, 2019.

On September 6, 2019, the Court of International Trade (CIT) entered its final judgment in Sumecht NA, Inc. v. United States, Court No. 17-00244, finding that the United States Department of Commerce (Commerce) erred in setting the effective date of its Notice of Court Decision Not in Harmony with a Final Determination and Notice of Amendment Final Determination of Investigation Pursuant to Court Decision (Timken Notice) pertaining to the antidumping duty (AD) investigation of certain crystalline silicon photovoltaic cells, whether or not assembled into modules (certain solar cells), from the People's Republic of China (China). Pursuant to the CIT's final judgment, the effective date of Commerce's Timken Notice relative to certain entries of subject merchandise exported by Sumec Hardware Tools Co., Ltd.'s (Sumec Hardware) is November 23, 2015, which is the date of publication of the Timken Notice in the Federal Register. Accordingly, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to liquidate entries of subject merchandise exported by Sumec Hardware and produced by Phono Solar Technology Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America (Sumecht), which were entered, or withdrawn from warehouse, for consumption on or after October 15, 2015, which is ten days after the CIT's decision, through November 22, 2015, which is the day before the date of publication of Commerce's Timken Notice in the Federal Register, at the separate rate of 13.18 percent.