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)

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


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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