82_FR_10357 82 FR 10330 - Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Continuation of Antidumping Duty Orders

82 FR 10330 - Certain Polyester Staple Fiber From the Republic of Korea and Taiwan: Continuation of Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range10330-10331
FR Document2017-02790

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on certain polyester staple fiber from the Republic of Korea (Korea) and Taiwan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the AD orders.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10330-10331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02790]


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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: Continuation of Antidumping Duty Orders

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

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

DATES: Effective February 10, 2017.

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 May 25, 2000, the Department published the AD Orders on 
polyester staple fiber from Korea and Taiwan.\1\ On August 1, 2016, the 
Department published the notice of initiation of the third sunset 
review of the AD Orders on polyester staple fiber from Korea and 
Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ As a result of its review, the Department 
determined that revocation of the AD Orders would likely lead to a 
continuation or recurrence of dumping.\3\ The Department, therefore, 
notified the ITC of the magnitude of the margins likely to prevail 
should the AD Orders be revoked. On January 18, 2017, the ITC 
determined that revoking the AD Orders on polyester staple fiber from 
Korea and Taiwan would be likely to lead to continuation or recurrence 
of material injury with a reasonably foreseeable time.\4\
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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 Certain Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Final Results of Expedited Sunset Review of the 
Antidumping Duty Orders, 81 FR 92783 (December 20, 2016), and 
accompanying Issues and Decision Memorandum.
    \4\ See Polyester Staple Fiber from Korea and Taiwan, Inv. Nos. 
731-TA-825-826 (Third Review), USITC Publication 4668, January 2017.
---------------------------------------------------------------------------

Scope of the Orders

    Polyester staple fiber covered by the orders is 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 
orders 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 orders. Also, specifically excluded from the orders 
are polyester staple fibers of 10 to 18 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 orders. 
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 orders 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 orders is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD Orders would likely lead to continuation or 
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), 
the Department hereby orders the continuation of the AD Orders on 
polyester staple fiber from Korea and Taiwan. U.S. Customs and Border 
Protection will continue to

[[Page 10331]]

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 AD Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the AD Orders not 
later than 30 days prior to the fifth anniversary of the effective date 
of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: February 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02790 Filed 2-9-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  10330                            Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices

                                                    LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
                                                                                                                         [1/28/2017 through 2/3/2017]

                                                                                                                                   Date accepted
                                                              Firm name                                  Firm address                    for                                      Product(s)
                                                                                                                                    investigation

                                                  Flint Cliffs Manufacturing Cor-           1600 Bluff Road, Burlington,                 1/30/2017       The firm manufactures metal Fabrication and painting of
                                                     poration.                                IA 52601.                                                    base metals into various shapes and forms.
                                                  Noble Plastics, Inc. ..................   318 Burleigh Lane, Grand                        2/1/2017     The firm manufactures injection molded products.
                                                                                              Coteau, LA 70541.
                                                  Applied Robotics, Inc ..............      648 Saratoga Road, Glenville,                   2/2/2017     The firm manufactures robotic end-of-arm tooling, grippers,
                                                                                              NY 12302.                                                    tool changers, collision sensors and docking modules.



                                                     Any party having a substantial                            FOR FURTHER INFORMATION CONTACT:                          Scope of the Orders
                                                  interest in these proceedings may                            Mary Kolberg, Office I, AD/CVD                               Polyester staple fiber covered by the
                                                  request a public hearing on the matter.                      Operations, Enforcement and                               orders is defined as synthetic staple
                                                  A written request for a hearing must be                      Compliance, International Trade                           fibers, not carded, combed or otherwise
                                                  submitted to the Trade Adjustment                            Administration, U.S. Department of                        processed for spinning, of polyesters
                                                  Assistance for Firms Division, Room                          Commerce, 1401 Constitution Avenue                        measuring 3.3 decitex (3 denier,
                                                  71030, Economic Development                                  NW., Washington, DC 20230; telephone:                     inclusive) or more in diameter. This
                                                  Administration, U.S. Department of                           (202) 482–1785.                                           merchandise is cut to lengths varying
                                                  Commerce, Washington, DC 20230, no                                                                                     from one inch (25 mm) to five inches
                                                  later than ten (10) calendar days                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                         (127 mm). The merchandise subject to
                                                  following publication of this notice.                        Background                                                the orders may be coated, usually with
                                                     Please follow the requirements set                                                                                  a silicon, or other finish, or not coated.
                                                  forth in EDA’s regulations at 13 CFR                           On May 25, 2000, the Department                         Polyester staple fiber is generally used
                                                  315.9 for procedures to request a public                     published the AD Orders on polyester                      as stuffing in sleeping bags, mattresses,
                                                  hearing. The Catalog of Federal                              staple fiber from Korea and Taiwan.1 On                   ski jackets, comforters, cushions,
                                                  Domestic Assistance official number                          August 1, 2016, the Department                            pillows, and furniture. Merchandise of
                                                  and title for the program under which                        published the notice of initiation of the                 less than 3.3 decitex (less than 3 denier)
                                                  these petitions are submitted is 11.313,                     third sunset review of the AD Orders on                   currently classifiable in the Harmonized
                                                  Trade Adjustment Assistance for Firms.                       polyester staple fiber from Korea and                     Tariff Schedule of the United States
                                                                                                               Taiwan, pursuant to section 751(c) of                     (‘‘HTSUS’’) at subheading 5503.20.00.25
                                                  Miriam Kearse,
                                                                                                               the Tariff Act of 1930, as amended (the                   is specifically excluded from the orders.
                                                  Lead Program Analyst.
                                                                                                               Act).2 As a result of its review, the                     Also, specifically excluded from the
                                                  [FR Doc. 2017–02809 Filed 2–9–17; 8:45 am]                                                                             orders are polyester staple fibers of 10
                                                                                                               Department determined that revocation
                                                  BILLING CODE 3510–WH–P
                                                                                                               of the AD Orders would likely lead to                     to 18 denier that are cut to lengths of 6
                                                                                                                                                                         to 8 inches (fibers used in the
                                                                                                               a continuation or recurrence of
                                                                                                                                                                         manufacture of carpeting). In addition,
                                                  DEPARTMENT OF COMMERCE                                       dumping.3 The Department, therefore,
                                                                                                                                                                         low-melt polyester staple fiber is
                                                                                                               notified the ITC of the magnitude of the                  excluded from the orders. Low-melt
                                                  International Trade Administration                           margins likely to prevail should the AD                   polyester staple fiber is defined as a bi-
                                                                                                               Orders be revoked. On January 18, 2017,                   component fiber with an outer sheath
                                                  [A–580–839, A–583–833]                                       the ITC determined that revoking the                      that melts at a significantly lower
                                                                                                               AD Orders on polyester staple fiber from                  temperature than its inner core. The
                                                  Certain Polyester Staple Fiber From                          Korea and Taiwan would be likely to                       merchandise subject to the orders is
                                                  the Republic of Korea and Taiwan:                            lead to continuation or recurrence of                     currently classifiable in the HTSUS at
                                                  Continuation of Antidumping Duty                             material injury with a reasonably                         subheadings 5503.20.00.45 and
                                                  Orders                                                       foreseeable time.4                                        5503.20.00.65. The HTSUS subheadings
                                                  AGENCY:  Enforcement and Compliance,                                                                                   are provided for convenience and
                                                  International Trade Administration,                            1 See Notice of Amended Final Determination of          customs purposes only; the written
                                                                                                               Sales at Less Than Fair Value: Certain Polyester          description of the merchandise covered
                                                  Department of Commerce.                                      Staple Fiber from the Republic of Korea and
                                                                                                                                                                         by the scope of the orders is dispositive.
                                                  SUMMARY: As a result of the                                  Antidumping Duty Orders: Certain Polyester Staple
                                                  determinations by the Department of                          Fiber from the Republic of Korea and Taiwan, 65           Continuation of the Orders
                                                                                                               FR 33807, 33808 (May 25, 2000); see also Certain
                                                  Commerce (the Department) and the                            Polyester Staple Fiber from Korea: Notice of                 As a result of the determinations by
                                                  International Trade Commission (ITC)                         Amended Final Determination and Amended Order             the Department and the ITC that
                                                  that revocation of the antidumping duty                      Pursuant to Final Court Decision, 68 FR 74552,            revocation of the AD Orders would
                                                  (AD) orders on certain polyester staple                      74553 (December, 24, 2003) (AD Orders).
                                                                                                                                                                         likely lead to continuation or recurrence
                                                                                                                 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
                                                  fiber from the Republic of Korea (Korea)                                                                               of dumping and material injury to an
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                               FR 50462 (August 1, 2016).
                                                  and Taiwan would likely lead to a                              3 See Certain Polyester Staple Fiber from the           industry in the United States, pursuant
                                                  continuation or recurrence of dumping                        Republic of Korea and Taiwan: Final Results of            to section 751(d)(2) of the Act and 19
                                                  and material injury to an industry in the                    Expedited Sunset Review of the Antidumping Duty           CFR 351.218(a), the Department hereby
                                                  United States, the Department is                             Orders, 81 FR 92783 (December 20, 2016), and              orders the continuation of the AD
                                                  publishing this notice of continuation of                    accompanying Issues and Decision Memorandum.
                                                                                                                 4 See Polyester Staple Fiber from Korea and             Orders on polyester staple fiber from
                                                  the AD orders.                                                                                                         Korea and Taiwan. U.S. Customs and
                                                                                                               Taiwan, Inv. Nos. 731–TA–825–826 (Third Review),
                                                  DATES: Effective February 10, 2017.                          USITC Publication 4668, January 2017.                     Border Protection will continue to


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                                                                                          Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices                                                                       10331

                                                  collect AD cash deposits at the rates in                                 DATES:      Effective February 10, 2017.                                 information is currently available. The
                                                  effect at the time of entry for all imports                              FOR FURTHER INFORMATION CONTACT:                                         Department will incorporate additional
                                                  of subject merchandise.                                                  Stephanie Moore, AD/CVD Operations,                                      programs which are found to constitute
                                                     The effective date of the continuation                                Office III, Enforcement and Compliance,                                  subsidies, and additional information
                                                  of the AD Orders will be the date of                                     International Trade Administration,                                      on the subsidy programs listed, as the
                                                  publication in the Federal Register of                                   U.S. Department of Commerce, 1401                                        information is developed.
                                                  this notice of continuation. Pursuant to                                 Constitution Ave. NW., Washington, DC
                                                  section 751(c)(2) of the Act, the                                                                                                                   The Department encourages any
                                                                                                                           20230, telephone: (202) 482–3692.
                                                  Department intends to initiate the next                                                                                                           person having information on foreign
                                                                                                                           SUPPLEMENTARY INFORMATION: Section
                                                  five-year review of the AD Orders not                                                                                                             government subsidy programs which
                                                                                                                           702 of the Trade Agreements Act of                                       benefit articles of cheese subject to an
                                                  later than 30 days prior to the fifth                                    1979 (as amended) (the Act) requires the
                                                  anniversary of the effective date of                                                                                                              in-quota rate of duty to submit such
                                                                                                                           Department of Commerce (the
                                                  continuation.                                                                                                                                     information in writing to the Assistant
                                                                                                                           Department) to determine, in
                                                     This five-year sunset review and this                                                                                                          Secretary for Enforcement and
                                                                                                                           consultation with the Secretary of
                                                  notice are in accordance with section                                                                                                             Compliance, U.S. Department of
                                                                                                                           Agriculture, whether any foreign
                                                  751(c) of the Act and published                                                                                                                   Commerce, 1401 Constitution Ave. NW.,
                                                                                                                           government is providing a subsidy with
                                                  pursuant to section 777(i)(1) of the Act                                                                                                          Washington, DC 20230.
                                                                                                                           respect to any article of cheese subject
                                                  and 19 CFR 351.218(f)(4).
                                                                                                                           to an in-quota rate of duty, as defined                                    This determination and notice are in
                                                    Dated: February 7, 2017.                                               in section 702(h) of the Act, and to                                     accordance with section 702(a) of the
                                                  Ronald K. Lorentzen,                                                     publish quarterly updates to the type                                    Act.
                                                  Acting Assistant Secretary for Enforcement                               and amount of those subsidies. We
                                                  and Compliance.                                                                                                                                     Dated: February 3, 2017.
                                                                                                                           hereby provide the Department’s
                                                  [FR Doc. 2017–02790 Filed 2–9–17; 8:45 am]                               quarterly update of subsidies on articles                                Ronald K. Lorentzen,
                                                  BILLING CODE 3510–DS–P                                                   of cheese that were imported during the                                  Acting Assistant Secretary for Enforcement
                                                                                                                           periods July 1, 2016, through September                                  and Compliance.
                                                                                                                           30, 2016.                                                                Appendix
                                                  DEPARTMENT OF COMMERCE                                                      The Department has developed, in
                                                                                                                           consultation with the Secretary of
                                                  International Trade Administration                                       Agriculture, information on subsidies,
                                                                                                                           as defined in section 702(h) of the Act,
                                                  Quarterly Update to Annual Listing of
                                                                                                                           being provided either directly or
                                                  Foreign Government Subsidies on
                                                                                                                           indirectly by foreign governments on
                                                  Articles of Cheese Subject to an In-
                                                                                                                           articles of cheese subject to an in-quota
                                                  Quota Rate of Duty
                                                                                                                           rate of duty. The appendix to this notice
                                                  AGENCY:  Enforcement and Compliance,                                     lists the country, the subsidy program or
                                                  International Trade Administration,                                      programs, and the gross and net
                                                  Department of Commerce.                                                  amounts of each subsidy for which

                                                                                           SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
                                                                                                                                                                                                                          Gross 1       Net 2
                                                                                    Country                                                                           Program(s)                                          subsidy      subsidy
                                                                                                                                                                                                                           ($/lb)       ($/lb)

                                                  28 European Union Member States 3 ..........................                        European Union Restitution Payments ........................                             $0.00        $0.00
                                                  Canada .........................................................................    Export Assistance on Certain Types of Cheese ..........                                   0.46         0.46
                                                  Norway ..........................................................................   Indirect (Milk) Subsidy ..................................................                0.00         0.00
                                                                                                                                      Consumer Subsidy .......................................................                  0.00         0.00

                                                                                                                                          Total .......................................................................         0.00         0.00
                                                  Switzerland ...................................................................     Deficiency Payments ....................................................                  0.00         0.00
                                                     1 Definedin 19 U.S.C. 1677(5).
                                                     2 Definedin 19 U.S.C. 1677(6).
                                                    3 The 28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,
                                                  France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slo-
                                                  venia, Spain, Sweden, and the United Kingdom.


                                                  [FR Doc. 2017–02788 Filed 2–9–17; 8:45 am]
                                                  BILLING CODE 3510–DS–P
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Document Created: 2017-02-11 18:15:11
Document Modified: 2017-02-11 18:15:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective February 10, 2017.
ContactMary 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.
FR Citation82 FR 10330 

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