83 FR 11678 - Polyester Staple Fiber From the Republic of Korea and Taiwan: Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping Duty Orders in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 52 (March 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11678-11679 | |
| FR Document | 2018-05373 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11678-11679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05373] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-839, A-583-833] Polyester Staple Fiber From the Republic of Korea and Taiwan: Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping Duty Orders in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based upon a request from DAK Americas, LLC, Nan Ya Plastics Corporation, America, Auriga Polymers, and Palmetto Synthetics LLC (i.e., the domestic producers), the Department of Commerce (Commerce) is initiating changed circumstances reviews to consider the possible revocation, in part, of the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan with respect to low-melt PSF. DATES: Applicable March 16, 2018. FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395, respectively. SUPPLEMENTARY INFORMATION: Background On May 25, 2000, Commerce published the AD orders on PSF from Korea and Taiwan.\1\ On December 8, 2017, the domestic producers requested that Commerce conduct changed circumstances reviews pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b) with respect to any coarse denier low-melt PSF that may be currently covered by the Orders to avoid any potential overlap in coverage between the Orders and the pending less-than-fair-value investigations of low-melt polyester staple fiber from Korea and Taiwan.\2\ We received no comments from other interested parties. --------------------------------------------------------------------------- \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 (May 25, 2000) (Orders). \2\ See Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 82 FR 34277 (July 24, 2017); see also Low Melt Polyester Staple Fiber from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 4906 (February 2, 2018). --------------------------------------------------------------------------- Scope of the Orders The product covered by the orders is certain polyester staple fiber (PSF). PSF 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 these orders 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. Merchandise of less than 3.3 decitex (less than 3 denier) currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 5503.20.00.25 is specifically excluded from these orders. Also specifically excluded from these 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 PSF is excluded from these orders. Low-melt PSF 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 these orders is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.\3\ Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive. --------------------------------------------------------------------------- \3\ These HTSUS numbers have been revised to reflect changes in the HTSUS numbers at the suffix level. --------------------------------------------------------------------------- Proposed Revocation of the Orders The domestic producers propose that the Orders be revoked with respect to coarse denier low-melt PSF. Should Commerce determine to revoke the Orders, in part, the domestic producers propose that Commerce replace the language currently in the scope, ``{i{time} n addition, low-melt PSF is excluded from these orders. Low-melt PSF is defined as a bi-component fiber with an outer sheath that melts at a significantly lower temperature than its inner core,'' with the following language: ``{i{time} n addition, low-melt PSF is excluded from these orders. Low-melt PSF is defined as a bi-component polyester fiber having a polyester fiber component that melts at a lower temperature than the other polyester fiber component.'' Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Orders, in Part Pursuant to section 751(b)(1) of the Act, Commerce will conduct a changed circumstances review upon receipt of a request an interested party that shows changed circumstances sufficient to warrant a review of an order.\4\ In accordance with 19 CFR 351.216(d), Commerce determines that the information submitted by the domestic producers constitutes sufficient evidence to conduct changed circumstances reviews of the Orders. --------------------------------------------------------------------------- \4\ See 19 CFR 351.216. --------------------------------------------------------------------------- Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that Commerce may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part. In addition, in the event Commerce determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the notices of initiation and preliminary results. In its administrative practice, Commerce has interpreted ``substantially all'' to mean producers accounting for at least 85 percent of the total U.S. production of the domestic like product covered by the order.\5\ --------------------------------------------------------------------------- \5\ See, e.g., Certain Cased Pencils from the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part, 77 FR 53176 (August 31, 2012). --------------------------------------------------------------------------- The domestic producers did not submit any documentation supporting their claim that they account for substantially all of the domestic production of PSF. We are providing interested parties with the opportunity to address the issue of domestic industry support with respect to this requested partial revocation of the orders, as explained below. After examining comments, if any, concerning domestic industry support, Commerce will issue the preliminary results of these changed circumstances reviews. [[Page 11679]] Public Comment Interested parties are invited to provide comments and/or factual information regarding these changed circumstances reviews, including comments concerning industry support. Comments and factual information may be submitted to Commerce no later than ten days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with Commerce no later than seven days after the comments and/or factual information are filed.\6\ All submissions must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).\7\ An electronically filed document must be received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set forth in this notice. --------------------------------------------------------------------------- \6\ Submission of rebuttal factual information must comply with 19 CFR 351.301(b)(2). \7\ See, generally, 19 CFR 351.303. --------------------------------------------------------------------------- Preliminary and Final Results of the Review Commerce intends to publish in the Federal Register a notice of the preliminary results of the antidumping duty changed circumstances review in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set forth Commerce's preliminary factual and legal conclusions. Commerce will issue its final results of the changed circumstances review in accordance with the time limits set forth in 19 CFR 351.216(e). Dated: March 12, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-05373 Filed 3-15-18; 8:45 am] BILLING CODE 3510-DS-P
![11678 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
Dated: March 13, 2018. Korea and Taiwan.2 We received no the following language: ‘‘{i}n addition,
Andrew McGilvray, comments from other interested parties. low-melt PSF is excluded from these
Executive Secretary. Scope of the Orders orders. Low-melt PSF is defined as a bi-
[FR Doc. 2018–05369 Filed 3–15–18; 8:45 am] component polyester fiber having a
The product covered by the orders is polyester fiber component that melts at
BILLING CODE 3510–DS–P
certain polyester staple fiber (PSF). PSF a lower temperature than the other
is defined as synthetic staple fibers, not polyester fiber component.’’
DEPARTMENT OF COMMERCE carded, combed or otherwise processed
for spinning, of polyesters measuring Initiation of Changed Circumstances
International Trade Administration 3.3 decitex (3 denier, inclusive) or more Reviews, and Consideration of
in diameter. This merchandise is cut to Revocation of the Orders, in Part
[A–580–839, A–583–833]
lengths varying from one inch (25 mm)
to five inches (127 mm). The Pursuant to section 751(b)(1) of the
Polyester Staple Fiber From the Act, Commerce will conduct a changed
Republic of Korea and Taiwan: merchandise subject to these orders may
be coated, usually with a silicon or circumstances review upon receipt of a
Initiation of Changed Circumstances request an interested party that shows
Reviews, and Consideration of other finish, or not coated. PSF is
generally used as stuffing in sleeping changed circumstances sufficient to
Revocation of the Antidumping Duty warrant a review of an order.4 In
Orders in Part bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture. accordance with 19 CFR 351.216(d),
AGENCY: Enforcement and Compliance, Merchandise of less than 3.3 decitex Commerce determines that the
International Trade Administration, (less than 3 denier) currently classifiable information submitted by the domestic
Department of Commerce. under the Harmonized Tariff Schedule producers constitutes sufficient
SUMMARY: Based upon a request from of the United States (HTSUS) at evidence to conduct changed
DAK Americas, LLC, Nan Ya Plastics subheading 5503.20.00.25 is specifically circumstances reviews of the Orders.
Corporation, America, Auriga Polymers, excluded from these orders. Also Section 782(h)(2) of the Act and 19
and Palmetto Synthetics LLC (i.e., the specifically excluded from these orders CFR 351.222(g)(1)(i) provide that
domestic producers), the Department of are polyester staple fibers of 10 to 18 Commerce may revoke an order (in
Commerce (Commerce) is initiating denier that are cut to lengths of 6 to 8 whole or in part) if it determines that
changed circumstances reviews to inches (fibers used in the manufacture producers accounting for substantially
consider the possible revocation, in of carpeting). In addition, low-melt PSF all of the production of the domestic
part, of the antidumping duty (AD) is excluded from these orders. Low-melt like product have expressed a lack of
orders on polyester staple fiber (PSF) PSF is defined as a bi-component fiber interest in the order, in whole or in part.
from the Republic of Korea (Korea) and with an outer sheath that melts at a In addition, in the event Commerce
Taiwan with respect to low-melt PSF. significantly lower temperature than its determines that expedited action is
DATES: Applicable March 16, 2018. inner core. warranted, 19 CFR 351.221(c)(3)(ii)
FOR FURTHER INFORMATION CONTACT: The merchandise subject to these
permits Commerce to combine the
Emily Halle or Nicholas Czajkowski, orders is currently classifiable in the
HTSUS at subheadings 5503.20.00.45 notices of initiation and preliminary
AD/CVD Operations, Enforcement and results. In its administrative practice,
Compliance, International Trade and 5503.20.00.65.3 Although the
HTSUS subheadings are provided for Commerce has interpreted
Administration, U.S. Department of ‘‘substantially all’’ to mean producers
Commerce, 1401 Constitution Avenue convenience and customs purposes, the
written description of the merchandise accounting for at least 85 percent of the
NW, Washington, DC 20230; telephone total U.S. production of the domestic
(202) 482–0176 or (202) 482–1395, under the orders is dispositive.
like product covered by the order.5
respectively. Proposed Revocation of the Orders
The domestic producers did not
SUPPLEMENTARY INFORMATION: The domestic producers propose that submit any documentation supporting
Background the Orders be revoked with respect to their claim that they account for
coarse denier low-melt PSF. Should substantially all of the domestic
On May 25, 2000, Commerce Commerce determine to revoke the
published the AD orders on PSF from production of PSF. We are providing
Orders, in part, the domestic producers interested parties with the opportunity
Korea and Taiwan.1 On December 8, propose that Commerce replace the
2017, the domestic producers requested to address the issue of domestic
language currently in the scope, ‘‘{i}n industry support with respect to this
that Commerce conduct changed addition, low-melt PSF is excluded from
circumstances reviews pursuant to requested partial revocation of the
these orders. Low-melt PSF is defined as orders, as explained below. After
section 751(b)(1) of the Tariff Act of a bi-component fiber with an outer
1930, as amended (the Act) and 19 CFR examining comments, if any, concerning
sheath that melts at a significantly lower domestic industry support, Commerce
351.216(b) with respect to any coarse temperature than its inner core,’’ with
denier low-melt PSF that may be will issue the preliminary results of
currently covered by the Orders to avoid 2 See Low Melt Polyester Staple Fiber from the
these changed circumstances reviews.
any potential overlap in coverage Republic of Korea and Taiwan: Initiation of Less-
between the Orders and the pending Than-Fair-Value Investigations, 82 FR 34277 (July 4 See 19 CFR 351.216.
24, 2017); see also Low Melt Polyester Staple Fiber 5 See, e.g., Certain Cased Pencils from the
less-than-fair-value investigations of
daltland on DSKBBV9HB2PROD with NOTICES
from the Republic of Korea: Preliminary Affirmative People’s Republic of China: Initiation and
low-melt polyester staple fiber from Determination of Sales at Less Than Fair Value, Preliminary Results of Antidumping Duty Changed
Preliminary Affirmative Determination of Critical Circumstances Review, and Intent To Revoke Order
1 See Notice of Amended Final Determination of Circumstances, in Part, Postponement of Final in Part, 77 FR 42276 (July 18, 2012), unchanged in
Sales at Less Than Fair Value: Certain Polyester Determination, and Extension of Provisional Certain Cased Pencils from the People’s Republic of
Staple Fiber from the Republic of Korea and Measures, 83 FR 4906 (February 2, 2018). China: Final Results of Antidumping Duty Changed
Antidumping Duty Orders: Certain Polyester Staple 3 These HTSUS numbers have been revised to Circumstances Review, and Determination To
Fiber from the Republic of Korea and Taiwan, 65 reflect changes in the HTSUS numbers at the suffix Revoke Order, in Part, 77 FR 53176 (August 31,
FR 33807 (May 25, 2000) (Orders). level. 2012).
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![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11679
Public Comment preliminary results of the fourth the Issues and Decision Memorandum
Interested parties are invited to administrative review of the are identical in content.
provide comments and/or factual antidumping duty order on large power Commerce exercised its discretion to
information regarding these changed transformers from the Republic of toll all deadlines affected by the closure
circumstances reviews, including Korea. The period of review is August of the Federal Government from January
comments concerning industry support. 1, 2015, through July 31, 2016. Based on 20 through 22, 2018. If the new deadline
Comments and factual information may our analysis of the comments and falls on a non-business day, in
be submitted to Commerce no later than information received, we continue to accordance with Commerce’s practice,
ten days after the date of publication of find that the application of facts the deadline will become the next
this notice. Rebuttal comments and available with an adverse inference is business day. The revised deadline for
rebuttal factual information may be filed warranted for Hyosung Corporation the final results of this review is now
with Commerce no later than seven days (Hyosung) and Hyundai Heavy March 9, 2018.3
after the comments and/or factual Industries Co., Ltd. (Hyundai). For the
final weighted-average dumping Scope of the Order
information are filed.6 All submissions
must be filed electronically using margins, see the ‘‘Final Results of The scope of this order covers large
Enforcement and Compliance’s Review’’ section below. liquid dielectric power transformers
Antidumping and Countervailing Duty DATES: Applicable March 16, 2018. (LPTs) having a top power handling
Centralized Electronic Service System FOR FURTHER INFORMATION CONTACT: John capacity greater than or equal to 60,000
(ACCESS).7 An electronically filed Drury (Hyosung) or Moses Song kilovolt amperes (60 megavolt amperes),
document must be received successfully (Hyundai), AD/CVD Operations, Office whether assembled or unassembled,
in its entirety by ACCESS, by 5:00 p.m. VI, Enforcement and Compliance, complete or incomplete. The
Eastern Time on the due dates set forth International Trade Administration, merchandise subject to the order is
in this notice. U.S. Department of Commerce, 1401 currently classified in the Harmonized
Constitution Avenue NW, Washington, Tariff Schedule of the United States at
Preliminary and Final Results of the subheadings 8504.23.0040,
DC 20230; telephone: (202) 482–0195 or
Review 8504.23.0080, and 8504.90.9540. For a
(202) 482–5041, respectively.
Commerce intends to publish in the SUPPLEMENTARY INFORMATION: complete description of the scope of the
Federal Register a notice of the order, see Appendix I to this notice.
preliminary results of the antidumping Background
Analysis of Comments Received
duty changed circumstances review in On September 7, 2017, Commerce
accordance with 19 CFR 351.221(b)(4) published the Preliminary Results.1 A All issues raised in the case and
and (c)(3)(i), which will set forth summary of the events that occurred rebuttal briefs by parties to this
Commerce’s preliminary factual and since Commerce published these administrative review are addressed in
legal conclusions. Commerce will issue results, as well as a full discussion of the Issues and Decision Memorandum.
its final results of the changed the issues raised by parties for this final For a list of the issues raised by parties,
circumstances review in accordance determination, may be found in the see Appendix II to this notice.
with the time limits set forth in 19 CFR Issues and Decision Memorandum, Changes Since the Preliminary Results
351.216(e). which is hereby adopted by this notice.2
Dated: March 12, 2018. The Issues and Decision Commerce has made no changes to
Memorandum is a public document and the Preliminary Results. As stated in the
Gary Taverman,
is on file electronically via Enforcement Preliminary Results, we found that the
Deputy Assistant Secretary for Antidumping
and Compliance’s Antidumping and application of total facts otherwise
and Countervailing Duty Operations,
performing the non-exclusive functions and Countervailing Duty Centralized available with adverse inferences, for
duties of the Assistant Secretary for Electronic Service System (ACCESS). Hyosung’s and Hyundai’s weighted-
Enforcement and Compliance. ACCESS is available to registered users average dumping margin, pursuant to
[FR Doc. 2018–05373 Filed 3–15–18; 8:45 am] at https://access.trade.gov and it is sections 776(a) and (b) of the Tariff Act
BILLING CODE 3510–DS–P available to all parties in the Central of 1930, as amended, (the Act), was
Records Unit, Room B8024 of the main warranted. Further, we continue to find
Department of Commerce building. In that a reasonable method for
DEPARTMENT OF COMMERCE addition, a complete version of the determining the rate for the three
Issues and Decision Memorandum can companies not selected for individual
International Trade Administration be accessed directly at http:// examination is to use the rate applied to
[A–580–867] enforcement.trade.gov/frn/index.html. the mandatory respondents (i.e.,
The signed and electronic versions of Hyosung and Hyundai) in this
Large Power Transformers From the administrative review.
Republic of Korea: Final Results of 1 See Large Power Transformers from the
Final Results of the Review
Antidumping Duty Administrative Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2015– The final weighted-average dumping
Review; 2015–2016 2016, 82 FR 42289 (September 7, 2017) (Preliminary
Results).
margins are as follows:
AGENCY: Enforcement and Compliance, 2 See Memorandum to Gary Taverman, Deputy
International Trade Administration, Assistant Secretary for Antidumping and 3 See Memorandum for The Record from
Department of Commerce.
daltland on DSKBBV9HB2PROD with NOTICES
Countervailing Duty Operations, performing the Christian Marsh, Deputy Assistant Secretary for
SUMMARY: On September 7, 2017, the non-exclusive functions and duties of the Assistant Enforcement and Compliance, performing the non-
Department of Commerce (Commerce) Secretary for Enforcement and Compliance, entitled exclusive functions and duties of the Assistant
‘‘Issues and Decision Memorandum for the Final Secretary for Enforcement and Compliance,
published in the Federal Register the Results of the Administrative Review of the ‘‘Deadlines Affected by the Shutdown of the
Antidumping Duty Order on Large Power Federal Government’’ (Tolling Memorandum),
6 Submission of rebuttal factual information must
Transformers from the Republic of Korea; 2015– dated January 23, 2018. All deadlines in this
comply with 19 CFR 351.301(b)(2). 2016’’, dated concurrently with this notice (Issues segment of the proceeding have been extended by
7 See, generally, 19 CFR 351.303. and Decision Memorandum). 3 days.
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Document Created: 2018-03-16 01:12:24
Document Modified: 2018-03-16 01:12:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable March 16, 2018. | |
| Contact | Emily Halle or Nicholas Czajkowski, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395, respectively. | |
| FR Citation | 83 FR 11678 |
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