81 FR 92783 - Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of Expedited Sunset Review of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

The Department of Commerce (the Department) finds that revocation of the antidumping duty order (AD) orders on certain cased polyester staple fiber from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping at the level indicated in the ``Final Results of Review'' section of this notice.

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92783-92784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


Certain Polyester Staple Fiber From the Republic of Korea and 
Taiwan: Final Results of Expedited Sunset Review of the Antidumping 
Duty Orders

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the antidumping duty order (AD) orders on certain cased 
polyester staple fiber from the Republic of Korea (Korea) and Taiwan 
would be likely to lead to continuation or recurrence of dumping at the 
level indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2016, the Department initiated a sunset review of the 
AD Orders \1\ on certain polyester staple fiber from Korea and Taiwan 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ Auriga Polymers Inc. (Auriga), DAK Americas, LLC (DAK 
Americas), and Nan Ya Plastics Corporation, America (Nan Ya America) 
notified the Department of their intent to participate in both sunset 
reviews as domestic interested parties on August 12, 2016, pursuant to 
19 CFR 351.218(d)(1)(i).\3\ Each of these companies claimed interested 
party status under section 771(9)(C) of the Act, as domestic producers 
of the domestic like product.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber From the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber 
From the Republic of Korea and Taiwan, 65 FR 33807, 33808 (May 25, 
2000); see also Certain Polyester Staple Fiber from Korea: Notice of 
Amended Final Determination and Amended Order Pursuant to Final 
Court Decision, 68 FR 74552, 74553 (December, 24, 2003) (AD Orders).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 50462 
(August 1, 2016).
    \3\ See letter from Auriga, DAK Americas, LLC, and Nan Ya 
America, re: ``Five-Year (``Sunset'') Review of Antidumping Duty 
Order on Polyester Staple Fiber From the Republic of Korea--Notice 
of Intent to Participate,'' dated August 12, 2016; see also letter 
from Auriga, DAK Americas, and Nan Ya America, re: ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Polyester Staple 
Fiber From Taiwan--Notice of Intent to Participate,'' dated August 
12, 2016.
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    On August 31, 2016, the Department received a collective 
substantive response from Auriga, DAK Americas, and Nan Ya America, 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ The 
Department did not receive a substantive response from any respondent 
interested party to the sunset proceeding. Because the Department 
received no response from the respondent interested parties, the 
Department conducted an expedited review of these AD Orders, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(C)(2).
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    \4\ See letter from Auriga, DAK Americas, LLC, and Nan Ya 
America, re: ``Five-Year Sunset Review of Antidumping Duty Order on 
Polyester Staple Fiber From the Republic of Korea--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated August 31, 2016; see also letter from Auriga, DAK Americas, 
and Nan Ya America, re: ``Five-Year Sunset Review of Antidumping 
Duty Order on Polyester Staple Fiber From Taiwan--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated August 31, 2016.
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Scope of the Orders

    Imports covered by the orders are defined as 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 merchandise subject to the order may 
be coated, usually with a silicon, or other finish, or not coated. 
Polyester staple fiber is generally used as stuffing in sleeping bags, 
mattresses, ski jackets, comforters, cushions, pillows, and furniture. 
Merchandise of less than 3.3 decitex (less than 3 denier) currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at subheading 5503.20.00.25 is specifically excluded from 
the order. Also, specifically excluded from the order are polyester 
staple fibers of 10 to18 denier that are cut to lengths of 6 to 8 
inches (fibers used in the manufacture of carpeting). In addition, low-
melt polyester staple fiber is excluded from the order. Low-melt 
polyester staple fiber is defined as a bi-component fiber with an outer 
sheath that melts at a significantly lower temperature than its inner 
core. The merchandise subject to the order is currently classifiable in 
the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written description of the merchandise covered by the scope of the 
order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with this notice.\5\ 
The issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the AD Orders were revoked. Parties 
can find a complete discussion of all issues raised in this expedited 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file electronically via the Enforcement and 
Compliance Antidumping and

[[Page 92784]]

Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. A list of topics discussed in the Issues and 
Decision Memorandum is included as an Appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/
frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Five-Year Sunset Review of the Antidumping Duty Orders on 
Certain Polyester Staple Fiber from the Republic of Korea and 
Taiwan,'' dated November 29, 2016.
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the AD Orders on certain staple fiber from 
Korea and Taiwan would be likely to lead to continuation or recurrence 
of dumping at weighted-average percent margins up to 7.48 percent and 
9.90 percent, respectively.

Notification Regarding 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. Timely 
notification of return/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.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: November 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VI. Final Results of Review
VII. Recommendation

[FR Doc. 2016-30625 Filed 12-19-16; 8:45 am]
 BILLING CODE 3510-DS-P