83 FR 14415 - Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 65 (April 4, 2018)

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

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14415-14416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of determinations by the Department of Commerce 
(Commerce) and the International Trade Commission (ITC) that revocation 
of the antidumping duty order on certain polyester staple fiber (PSF) 
from the People's Republic of China (China) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the antidumping duty order.

DATES: Applicable Date: Applicable April 4, 2018.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2007, Commerce published in the Federal Register notice 
of the antidumping duty order on PSF from China.\1\ On September 6, 
2017, Commerce initiated the second five-year (sunset) review of the 
antidumping duty order on PSF from China, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\
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    \1\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Advance Notification of Sunset Reviews, 82 
FR 42078 (September 6, 2017).
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    Commerce conducted this sunset review on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and 
adequate response from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of its 
review, Commerce determined that revocation of the antidumping duty 
order would likely lead to a continuation or recurrence of dumping.\3\ 
Commerce, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the antidumping duty order be revoked. On 
March 15, 2018, the ITC published notice of its determination, pursuant 
to section 751(c) of the Act, that revocation of the antidumping duty 
order on PSF from China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
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    \3\ See Certain Polyester Staple Fiber from the People's 
Republic of China: Final Results of Expedited Sunset Review of the 
Antidumping Duty Order, 83 FR 8052 (February 23, 2018) (Final 
Results) and accompanying Issues and Decision Memorandum (IDM), 
dated February 16, 2018.
    \4\ See Certain Polyester Staple Fiber from China: Investigation 
No. 731-TA-1104 (Second Review), USITC Publication 4767 (March 
2018).
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Scope of the Order

    The merchandise subject to the order is 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 subject merchandise 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.
    The following products are excluded from the scope of the order: 
(1) Polyester staple fiber of less than 3.3 decitex (less than 3 
denier) currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) at 5503.20.0025 and known to the industry as 
polyester staple fiber for spinning and generally used in woven and 
knit applications to produce textile and apparel products; (2) 
polyester staple fiber of 10 to 18 denier that are cut to lengths of 6 
to 8 inches and that are generally used in the manufacture of 
carpeting; and (3) low-melt polyester staple fiber defined as a bi-
component fiber with an outer, non-polyester sheath that melts at a 
significantly lower temperature than its inner polyester core 
(classified at HTSUS 5503.20.0015).
    Certain polyester staple fiber is classifiable under the HTSUS 
numbers 5503.20.0045 and 5503.20.0065. Although the HTSUS numbers are 
provided for convenience and customs purposes, the written description 
of the merchandise under the order is dispositive.

Continuation of the Order

    As a result of determinations by Commerce and the ITC that 
revocation of the antidumping duty order would likely lead to a 
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), Commerce hereby orders the continuation of the 
antidumping duty order on PSF from China. U.S. Customs and Border 
Protection will continue to collect antidumping duty 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 order will be the 
date of

[[Page 14416]]

publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next sunset review of the order 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: March 29, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-06838 Filed 4-3-18; 8:45 am]
 BILLING CODE 3510-DS-P