83_FR_17440 83 FR 17364 - Polyester Staple Fiber From the Republic of Korea and Taiwan: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty Orders in Part

83 FR 17364 - Polyester Staple Fiber From the Republic of Korea and Taiwan: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty Orders in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 76 (April 19, 2018)

Page Range17364-17366
FR Document2018-08198

On December 8, 2017, the Department of Commerce (Commerce) received a request for 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. We preliminarily determine that the Orders shall be revoked, in part, with respect to low-melt PSF, as described below. Commerce invites interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 76 (Thursday, April 19, 2018)
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17364-17366]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08198]


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

DEPARTMENT OF COMMERCE

International Trade Administration

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


Polyester Staple Fiber From the Republic of Korea and Taiwan: 
Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke Antidumping Duty Orders in Part

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

SUMMARY: On December 8, 2017, the Department of Commerce (Commerce) 
received a request for 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. We preliminarily 
determine that the Orders shall be revoked, in part, with respect to 
low-melt PSF, as described below. Commerce invites interested parties 
to comment on these preliminary results.

DATES: Effective April 19, 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, DAK Americas, LLC; Nan Ya Plastics 
Corporation, America; Auriga Polymers; and Palmetto Synthetics LLC 
(i.e., 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\
---------------------------------------------------------------------------

    \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 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, 
83 FR 11678 (March 16, 2018) (Initiation Notice); see also 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); 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).
---------------------------------------------------------------------------

    On March 16, 2018, Commerce published the notice of initiation of 
the requested changed circumstances reviews.\3\ Because the domestic 
producers did not provide any supporting documentation for their 
statement that they accounted for

[[Page 17365]]

substantially all of the domestic production of PSF, in the Initiation 
Notice, we invited interested parties to submit comments concerning 
industry support for the potential revocation, in part, as well as 
comments and/or factual information regarding the changed circumstances 
reviews.\4\ We received no comments or factual information from other 
interested parties.
---------------------------------------------------------------------------

    \3\ Id.
    \4\ Id.
---------------------------------------------------------------------------

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.\5\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the orders 
is dispositive.
---------------------------------------------------------------------------

    \5\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
---------------------------------------------------------------------------

Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke the Orders, in Part

    Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), 
Commerce may revoke an AD or countervailing duty order, in whole or in 
part, based on a review under section 751(b) of the Act (i.e., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstances review to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 
Section 782(h)(2) of the Act gives Commerce the authority to revoke an 
order if producers accounting for substantially all of the production 
of the domestic like product have expressed a lack of interest in the 
order. Section 351.222(g) of Commerce's regulations provides that 
Commerce will conduct a changed circumstances review under 19 CFR 
351.216, and may revoke an order (in whole or in part), if it concludes 
that: (i) Producers accounting for substantially all of the production 
of the domestic like product to which the order pertains have expressed 
a lack of interest in the relief provided by the order, in whole or in 
part; or (ii) if other changed circumstances sufficient to warrant 
revocation exist. Both the Act and Commerce's regulations require that 
``substantially all'' domestic producers express a lack of interest in 
the order for Commerce to revoke the order, in whole or in part.\6\ 
Commerce has interpreted ``substantially all'' to represent producers 
accounting for at least 85 percent of U.S. production of the domestic 
like product.\7\
---------------------------------------------------------------------------

    \6\ See Section 782(h) of the Act and 19 CFR 351.222(g).
    \7\ See Honey from Argentina; Antidumping and Countervailing 
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke 
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 
(November 14, 2012) (Honey from Argentina Prelim), unchanged in 
Honey from Argentina; Final Results of Antidumping and 
Countervailing Duty Changed Circumstances Reviews; Revocation of 
Antidumping and Countervailing Duty Orders, 77 FR 77029 (December 
31, 2012) (Honey from Argentina Final).
---------------------------------------------------------------------------

    Commerce's regulations do not specify a deadline for the issuance 
of the preliminary results of a changed circumstances review, but 
provide that Commerce will issue the final results of review within 270 
days after the date on which the changed circumstances review is 
initiated.\8\ Commerce did not issue a combined notice of initiation 
and preliminary results. As discussed above, while the statement 
provided by the domestic producers indicated they accounted for 
substantially all domestic production of PSF, the domestic producers 
did not offer any documentation supporting their claim.\9\ Thus, 
Commerce did not determine in the Initiation Notice that producers 
accounting for substantially all of the production of the domestic like 
product lacked interest in the continued application of the Orders as 
to low-melt PSF under consideration here. Further, Commerce requested 
interested party comments on the issue of domestic industry support of 
a potential partial revocation of the Orders.\10\ Commerce received no 
comments concerning a lack of industry support with respect to these 
changed circumstances reviews.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.216(e).
    \9\ See Initiation Notice.
    \10\ Id.
---------------------------------------------------------------------------

    As noted in the Initiation Notice, domestic producers requested 
revocation of the Orders, in part, and supported their request. In the 
absence of any interested party comments received during the comment 
period, we preliminarily conclude that changed circumstances warrant 
revocation of the Orders, in part, because the producers accounting for 
substantially all of the production of the domestic like product to 
which the Orders pertain lack interest in the relief provided by the 
Orders with respect to low-melt PSF, as described above. We will 
consider comments from interested parties on these preliminary results 
of reviews before issuing the final results of these reviews.\11\
---------------------------------------------------------------------------

    \11\ See e.g., Honey from Argentina Prelim; unchanged in Honey 
from Argentina Final.
---------------------------------------------------------------------------

    Accordingly, we are notifying the public of our intent to revoke 
the Orders, in part. We intend to carry out this revocation by 
replacing the following language currently in the scope of the Orders: 
``{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.''
    If we make a final determination to revoke the Orders in part, then 
Commerce will apply this determination to each order as follows. If, at 
the time of the final determinations, there have been no completed 
administrative reviews of an order, then the partial revocation will be 
applied to unliquidated entries of merchandise subject to the changed 
circumstances review that were entered or withdrawn from warehouse, for 
consumption, on or after the date that corresponds to the date 
suspension of liquidation first began in the relevant proceeding. If, 
at the time of the final determinations, there have been completed 
administrative reviews of an order, then the partial revocation will be 
retroactively applied to unliquidated entries of merchandise subject to 
the changed circumstances reviews that were entered or withdrawn from 
warehouse, for consumption, on or after

[[Page 17366]]

the day following the last day of the period covered by the most 
recently completed administrative review of the applicable order. 
Therefore, under this scenario, the partial revocation for merchandise 
subject to the Orders would be applied retroactively to unliquidated 
entries of merchandise entered or withdrawn from warehouse, for 
consumption, on or after May 1, 2017.\12\
---------------------------------------------------------------------------

    \12\ The most recent administrative review of the Korea AD order 
was completed on August 2, 2017, and covered May 1, 2016 through 
April 30, 2017. See Polyester Staple Fiber from the Republic of 
Korea: Rescission of Antidumping Duty Administrative Review; 2016-
2017, 82 FR 37052 (August 8, 2017) (which rescinds the review for 
the Korea AD order, A-580-839). For the Taiwan AD order, A-583-833, 
Commerce did not receive a request to conduct an administrative 
review for the period of review (POR) May 1, 2016 through April 30, 
2017. Commerce issued instructions to U.S. Customs and Border 
Protection on July 21, 2017, liquidating all entries for all firms 
for the POR.
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on these preliminary 
results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case 
briefs may be submitted no later than ten days after the date of 
publication of these preliminary results.\13\ Rebuttals to case briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the due date for case briefs.\14\ All submissions must 
be filed electronically using Enforcement and Compliance's AD and CVD 
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. 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.
---------------------------------------------------------------------------

    \13\ Commerce is altering the deadline for the submission of 
case briefs, as authorized by 19 CFR 351.309(c)(1)(ii).
    \14\ Commerce is altering the deadline for the submission of 
rebuttal briefs, as authorized by 19 CFR 351.309(d)(1).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 14 days of 
publication of this notice. Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230 in a room to be determined.\15\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of these changed 
circumstances reviews, which will include its analysis of any written 
comments received, no later than 270 days after the date on which these 
reviews were initiated, or within 45 days if all parties to the 
proceeding agree to the outcome of the review.
    If, in the final results of these reviews, Commerce continues to 
determine that changed circumstances warrant the revocation of the 
Orders, in part, we will instruct U.S. Customs and Border Protection 
(CBP) to liquidate without regard to AD duties all unliquidated entries 
of the merchandise covered by the exclusion language above entered or 
withdrawn from warehouse, for consumption, on or after the effective 
dates indicated above. In addition, we will instruct CBP to refund any 
estimated AD cash deposits collected on such entries.
    The current requirement for cash deposits of estimated AD duties on 
all entries of subject merchandise will continue unless they are 
modified pursuant to the final results of these changed circumstances 
reviews. If, in the final results of these reviews, Commerce continues 
to determine that changed circumstances warrant the revocation of the 
Orders, in part, we will instruct CBP to discontinue collecting cash 
deposits on entries of merchandise covered by the exclusion language 
above effective on the date of publication of the final results of 
these changed circumstances reviews.
    These preliminary results of reviews and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 
CFR 351.222.

    Dated: April 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. 2018-08198 Filed 4-18-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               17364                         Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices

                                               rate by the lowest export subsidy rate                    Dated: April 12, 2018.                              part, of the antidumping duty (AD)
                                               determined for any party in the                         Gary Taverman,                                        orders on polyester staple fiber (PSF)
                                               companion CVD proceeding, which was                     Deputy Assistant Secretary for Antidumping            from the Republic of Korea (Korea) and
                                               10.65 percent.                                          and Countervailing Duty Operations,                   Taiwan with respect to low-melt PSF.
                                                                                                       performing the non-exclusive functions and            We preliminarily determine that the
                                                 Pursuant to section 777A(f) of the Act,               duties of the Assistant Secretary for                 Orders shall be revoked, in part, with
                                               we normally adjust AD cash deposit                      Enforcement and Compliance.                           respect to low-melt PSF, as described
                                               rates for estimated domestic subsidy                                                                          below. Commerce invites interested
                                               pass-through, where appropriate.                        Appendix—Scope of the Order
                                                                                                                                                             parties to comment on these preliminary
                                               However, in this case there is no basis                    The merchandise covered by this order is
                                                                                                                                                             results.
                                               to grant a domestic subsidy pass-                       aluminum foil having a thickness of 0.2 mm
                                                                                                       or less, in reels exceeding 25 pounds,                DATES: Effective April 19, 2018.
                                               through adjustment.9
                                                                                                       regardless of width. Aluminum foil is made            FOR FURTHER INFORMATION CONTACT:
                                               Provisional Measures                                    from an aluminum alloy that contains more             Emily Halle or Nicholas Czajkowski,
                                                                                                       than 92 percent aluminum. Aluminum foil               AD/CVD Operations, Enforcement and
                                                  Section 733(d) of the Act states that                may be made to ASTM specification ASTM                Compliance, International Trade
                                               instructions issued pursuant to an                      B479, but can also be made to other
                                                                                                                                                             Administration, U.S. Department of
                                               affirmative preliminary determination                   specifications. Regardless of specification,
                                                                                                       however, all aluminum foil meeting the                Commerce, 1401 Constitution Avenue
                                               may not remain in effect for more than                  scope description is included in the scope,           NW, Washington, DC 20230; telephone
                                               four months except where exporters                      including aluminum foil to which lubricant            (202) 482–0176 or (202) 482–1395,
                                               representing a significant proportion of                has been applied to one or both sides of the          respectively.
                                               exports of the subject merchandise                      foil.                                                 SUPPLEMENTARY INFORMATION:
                                               request Commerce to extend that four-                      Excluded from the scope of this order is
                                               month period to no more than six                        aluminum foil that is backed with paper,              Background
                                                                                                       paperboard, plastics, or similar backing
                                               months.                                                                                                          On May 25, 2000, Commerce
                                                                                                       materials on one side or both sides of the
                                                  At the request of exporters that                     aluminum foil, as well as etched capacitor            published the AD orders on PSF from
                                               account for a significant proportion of                 foil and aluminum foil that is cut to shape.          Korea and Taiwan.1 On December 8,
                                               aluminum foil from China, we extended                      Where the nominal and actual                       2017, DAK Americas, LLC; Nan Ya
                                               the four-month period to no more than                   measurements vary, a product is within the            Plastics Corporation, America; Auriga
                                                                                                       scope if application of either the nominal or         Polymers; and Palmetto Synthetics LLC
                                               six months in this case.10 In the                       actual measurement would place it within              (i.e., the domestic producers) requested
                                               underlying investigation, Commerce                      the scope based on the definitions set forth          that Commerce conduct changed
                                               published the Preliminary                               above. The products under the order are               circumstances reviews pursuant to
                                               Determination on November 2, 2017.                      currently classifiable under Harmonized
                                                                                                                                                             section 751(b)(1) of the Tariff Act of
                                               Therefore, the extended period                          Tariff Schedule of the United States (HTSUS)
                                                                                                       subheadings 7607.11.3000, 7607.11.6000,               1930, as amended (the Act) and 19 CFR
                                               beginning on the date of publication of                                                                       351.216(b) with respect to any coarse
                                                                                                       7607.11.9030, 7607.11.9060, 7607.11.9090,
                                               the Preliminary Determination ends                      and 7607.19.6000. Further, merchandise that           denier low-melt PSF that may be
                                               May 2, 2018. Furthermore, section                       falls within the scope of this proceeding may         currently covered by the Orders to avoid
                                               737(b) of the Act states that definitive                also be entered into the United States under          any potential overlap in coverage
                                               duties are to begin on the date of                      HTSUS subheadings 7606.11.3060,                       between the Orders and the pending
                                               publication of the ITC’s final injury                   7606.11.6000, 7606.12.3045, 7606.12.3055,             less-than-fair-value investigations of
                                               determination.                                          7606.12.3090, 7606.12.6000, 7606.91.3090,             low-melt polyester staple fiber from
                                                                                                       7606.91.6080, 7606.92.3090, and
                                                  Therefore, because the publication of                                                                      Korea and Taiwan.2
                                                                                                       7606.92.6080.
                                               the ITC’s final injury determination                       Although the HTSUS subheadings are
                                                                                                                                                                On March 16, 2018, Commerce
                                               occurred before the expiration of the                   provided for convenience and customs                  published the notice of initiation of the
                                                                                                       purposes, the written description of the              requested changed circumstances
                                               extended provisional measures,
                                                                                                       scope of this order is dispositive.                   reviews.3 Because the domestic
                                               suspension of liquidation continues
                                                                                                       [FR Doc. 2018–08115 Filed 4–18–18; 8:45 am]           producers did not provide any
                                               through the issuance of the AD order.
                                                                                                       BILLING CODE 3510–DS–P
                                                                                                                                                             supporting documentation for their
                                               Notification to Interested Parties                                                                            statement that they accounted for

                                                 This notice constitutes the AD order                  DEPARTMENT OF COMMERCE
                                                                                                                                                               1 See Notice of Amended Final Determination of

                                               with respect to aluminum foil from                                                                            Sales at Less Than Fair Value: Certain Polyester
                                                                                                                                                             Staple Fiber from the Republic of Korea and
                                               China pursuant to section 736(a) of the                 International Trade Administration                    Antidumping Duty Orders: Certain Polyester Staple
                                               Act. Interested parties can find a list of                                                                    Fiber from the Republic of Korea and Taiwan, 65
                                                                                                       [A–580–839, A–583–833]
                                               AD orders currently in effect at http://                                                                      FR 33807 (May 25, 2000) (Orders).
                                                                                                                                                               2 See Polyester Staple Fiber From the Republic of
                                               enforcement.trade.gov/stats/                            Polyester Staple Fiber From the                       Korea and Taiwan: Initiation of Changed
                                               iastats1.html.                                          Republic of Korea and Taiwan:                         Circumstances Reviews, and Consideration of
                                                 This order and amended final                          Preliminary Results of Changed                        Revocation of the Antidumping Duty Orders in Part,
                                                                                                       Circumstances Reviews, and Intent To                  83 FR 11678 (March 16, 2018) (Initiation Notice);
                                               determination are published in                                                                                see also Low Melt Polyester Staple Fiber from the
                                               accordance with sections 736(a) and                     Revoke Antidumping Duty Orders in                     Republic of Korea and Taiwan: Initiation of Less-
                                                                                                       Part
daltland on DSKBBV9HB2PROD with NOTICES




                                               735(e) of the Act and 19 CFR 351.211                                                                          Than-Fair-Value Investigations, 82 FR 34277 (July
                                               and 351.224(e).                                                                                               24, 2017); Low Melt Polyester Staple Fiber from the
                                                                                                       AGENCY:  Enforcement and Compliance,                  Republic of Korea: Preliminary Affirmative
                                                                                                       International Trade Administration,                   Determination of Sales at Less Than Fair Value,
                                                                                                       Department of Commerce.                               Preliminary Affirmative Determination of Critical
                                                  9 See Final Determination and accompanying
                                                                                                                                                             Circumstances, in Part, Postponement of Final
                                               Issues and Decision Memorandum.                         SUMMARY: On December 8, 2017, the                     Determination, and Extension of Provisional
                                                  10 See Preliminary Determination and                 Department of Commerce (Commerce)                     Measures, 83 FR 4906 (February 2, 2018).
                                               accompanying Preliminary Decision Memorandum.           received a request for revocation, in                   3 Id.




                                          VerDate Sep<11>2014   17:49 Apr 18, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\19APN1.SGM   19APN1


                                                                             Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices                                                   17365

                                               substantially all of the domestic                       which shows changed circumstances                     industry support of a potential partial
                                               production of PSF, in the Initiation                    sufficient to warrant a review. Section               revocation of the Orders.10 Commerce
                                               Notice, we invited interested parties to                782(h)(2) of the Act gives Commerce the               received no comments concerning a lack
                                               submit comments concerning industry                     authority to revoke an order if producers             of industry support with respect to these
                                               support for the potential revocation, in                accounting for substantially all of the               changed circumstances reviews.
                                               part, as well as comments and/or factual                production of the domestic like product                  As noted in the Initiation Notice,
                                               information regarding the changed                       have expressed a lack of interest in the              domestic producers requested
                                               circumstances reviews.4 We received no                  order. Section 351.222(g) of Commerce’s               revocation of the Orders, in part, and
                                               comments or factual information from                    regulations provides that Commerce                    supported their request. In the absence
                                               other interested parties.                               will conduct a changed circumstances                  of any interested party comments
                                                                                                       review under 19 CFR 351.216, and may                  received during the comment period, we
                                               Scope of the Orders                                     revoke an order (in whole or in part), if             preliminarily conclude that changed
                                                  The product covered by the orders is                 it concludes that: (i) Producers                      circumstances warrant revocation of the
                                               certain polyester staple fiber (PSF). PSF               accounting for substantially all of the               Orders, in part, because the producers
                                               is defined as synthetic staple fibers, not              production of the domestic like product               accounting for substantially all of the
                                               carded, combed or otherwise processed                   to which the order pertains have                      production of the domestic like product
                                               for spinning, of polyesters measuring                   expressed a lack of interest in the relief            to which the Orders pertain lack interest
                                               3.3 decitex (3 denier, inclusive) or more               provided by the order, in whole or in                 in the relief provided by the Orders with
                                               in diameter. This merchandise is cut to                 part; or (ii) if other changed                        respect to low-melt PSF, as described
                                               lengths varying from one inch (25 mm)                   circumstances sufficient to warrant                   above. We will consider comments from
                                               to five inches (127 mm). The                            revocation exist. Both the Act and                    interested parties on these preliminary
                                               merchandise subject to these orders may                 Commerce’s regulations require that                   results of reviews before issuing the
                                               be coated, usually with a silicon or                    ‘‘substantially all’’ domestic producers              final results of these reviews.11
                                               other finish, or not coated. PSF is                     express a lack of interest in the order for              Accordingly, we are notifying the
                                               generally used as stuffing in sleeping                  Commerce to revoke the order, in whole                public of our intent to revoke the
                                               bags, mattresses, ski jackets, comforters,              or in part.6 Commerce has interpreted                 Orders, in part. We intend to carry out
                                               cushions, pillows, and furniture.                       ‘‘substantially all’’ to represent                    this revocation by replacing the
                                               Merchandise of less than 3.3 decitex                    producers accounting for at least 85                  following language currently in the
                                               (less than 3 denier) currently classifiable             percent of U.S. production of the                     scope of the Orders: ‘‘{i}n addition, low-
                                               under the Harmonized Tariff Schedule                    domestic like product.7                               melt PSF is excluded from these orders.
                                               of the United States (HTSUS) at                            Commerce’s regulations do not                      Low-melt PSF is defined as a bi-
                                               subheading 5503.20.00.25 is specifically                specify a deadline for the issuance of                component fiber with an outer sheath
                                               excluded from these orders. Also                        the preliminary results of a changed                  that melts at a significantly lower
                                               specifically excluded from these orders                 circumstances review, but provide that                temperature than its inner core,’’ with
                                               are polyester staple fibers of 10 to 18                 Commerce will issue the final results of              the following language: ‘‘{i}n addition,
                                               denier that are cut to lengths of 6 to 8                review within 270 days after the date on              low-melt PSF is excluded from these
                                               inches (fibers used in the manufacture                  which the changed circumstances                       orders. Low-melt PSF is defined as a bi-
                                               of carpeting). In addition, low-melt PSF                review is initiated.8 Commerce did not                component polyester fiber having a
                                               is excluded from these orders. Low-melt                 issue a combined notice of initiation                 polyester fiber component that melts at
                                               PSF is defined as a bi-component fiber                  and preliminary results. As discussed                 a lower temperature than the other
                                               with an outer sheath that melts at a                    above, while the statement provided by                polyester fiber component.’’
                                               significantly lower temperature than its                the domestic producers indicated they                    If we make a final determination to
                                               inner core.                                             accounted for substantially all domestic              revoke the Orders in part, then
                                                  The merchandise subject to these                     production of PSF, the domestic                       Commerce will apply this determination
                                               orders is currently classifiable in the                 producers did not offer any                           to each order as follows. If, at the time
                                               HTSUS at subheadings 5503.20.00.45                      documentation supporting their claim.9                of the final determinations, there have
                                               and 5503.20.00.65.5 Although the                        Thus, Commerce did not determine in                   been no completed administrative
                                               HTSUS subheadings are provided for                      the Initiation Notice that producers                  reviews of an order, then the partial
                                               convenience and customs purposes, the                   accounting for substantially all of the               revocation will be applied to
                                               written description of the merchandise                  production of the domestic like product               unliquidated entries of merchandise
                                               under the orders is dispositive.                        lacked interest in the continued                      subject to the changed circumstances
                                                                                                       application of the Orders as to low-melt              review that were entered or withdrawn
                                               Preliminary Results of Changed                          PSF under consideration here. Further,                from warehouse, for consumption, on or
                                               Circumstances Reviews, and Intent To                    Commerce requested interested party                   after the date that corresponds to the
                                               Revoke the Orders, in Part                              comments on the issue of domestic                     date suspension of liquidation first
                                                  Pursuant to section 751(d)(1) of the                                                                       began in the relevant proceeding. If, at
                                               Act, and 19 CFR 351.222(g), Commerce                      6 See Section 782(h) of the Act and 19 CFR          the time of the final determinations,
                                               may revoke an AD or countervailing                      351.222(g).                                           there have been completed
                                                                                                         7 See Honey from Argentina; Antidumping and
                                               duty order, in whole or in part, based on                                                                     administrative reviews of an order, then
                                                                                                       Countervailing Duty Changed Circumstances
                                               a review under section 751(b) of the Act                Reviews; Preliminary Intent to Revoke Antidumping
                                                                                                                                                             the partial revocation will be
                                               (i.e., a changed circumstances review).                 and Countervailing Duty Orders, 77 FR 67790,          retroactively applied to unliquidated
                                                                                                                                                             entries of merchandise subject to the
daltland on DSKBBV9HB2PROD with NOTICES




                                               Section 751(b)(1) of the Act requires a                 67791 (November 14, 2012) (Honey from Argentina
                                                                                                       Prelim), unchanged in Honey from Argentina; Final     changed circumstances reviews that
                                               changed circumstances review to be                      Results of Antidumping and Countervailing Duty
                                               conducted upon receipt of a request                     Changed Circumstances Reviews; Revocation of
                                                                                                                                                             were entered or withdrawn from
                                                                                                       Antidumping and Countervailing Duty Orders, 77        warehouse, for consumption, on or after
                                                 4 Id.                                                 FR 77029 (December 31, 2012) (Honey from
                                                 5 These HTSUS numbers have been revised to            Argentina Final).                                       10 Id.
                                                                                                         8 See 19 CFR 351.216(e).
                                               reflect changes in the HTSUS numbers at the suffix                                                              11 See e.g., Honey from Argentina Prelim;

                                               level.                                                    9 See Initiation Notice.                            unchanged in Honey from Argentina Final.



                                          VerDate Sep<11>2014   17:49 Apr 18, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\19APN1.SGM     19APN1


                                               17366                         Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices

                                               the day following the last day of the                   NW, Washington, DC 20230 in a room                    DEPARTMENT OF COMMERCE
                                               period covered by the most recently                     to be determined.15
                                               completed administrative review of the                                                                        National Oceanic and Atmospheric
                                                                                                          Commerce intends to issue the final
                                               applicable order. Therefore, under this                                                                       Administration
                                                                                                       results of these changed circumstances
                                               scenario, the partial revocation for                    reviews, which will include its analysis
                                               merchandise subject to the Orders                                                                             Proposed Information Collection;
                                                                                                       of any written comments received, no                  Comment Request; Marine Technology
                                               would be applied retroactively to
                                                                                                       later than 270 days after the date on                 and Services Enterprise Impact and
                                               unliquidated entries of merchandise
                                                                                                       which these reviews were initiated, or                Utilization Survey Sponsored by the
                                               entered or withdrawn from warehouse,
                                                                                                       within 45 days if all parties to the                  U.S. Integrated Ocean Observing
                                               for consumption, on or after May 1,
                                               2017.12                                                 proceeding agree to the outcome of the                System
                                                                                                       review.
                                                                                                                                                             AGENCY: National Oceanic and
                                               Public Comment                                             If, in the final results of these reviews,         Atmospheric Administration (NOAA),
                                                  Interested parties are invited to                    Commerce continues to determine that                  Department of Commerce.
                                               comment on these preliminary results of                 changed circumstances warrant the                     ACTION: Notice.
                                               reviews in accordance with 19 CFR                       revocation of the Orders, in part, we
                                               351.309(c)(1)(ii). Case briefs may be                   will instruct U.S. Customs and Border                 SUMMARY:    The Department of
                                               submitted no later than ten days after                  Protection (CBP) to liquidate without                 Commerce, as part of its continuing
                                               the date of publication of these                        regard to AD duties all unliquidated                  effort to reduce paperwork and
                                               preliminary results.13 Rebuttals to case                entries of the merchandise covered by                 respondent burden, invites the general
                                               briefs, limited to issues raised in the                 the exclusion language above entered or               public and other Federal agencies to
                                               case briefs, may be filed no later than                 withdrawn from warehouse, for                         take this opportunity to comment on
                                               five days after the due date for case                   consumption, on or after the effective                proposed and/or continuing information
                                               briefs.14 All submissions must be filed                                                                       collections, as required by the
                                                                                                       dates indicated above. In addition, we
                                               electronically using Enforcement and                                                                          Paperwork Reduction Act of 1995.
                                                                                                       will instruct CBP to refund any
                                               Compliance’s AD and CVD Centralized                                                                           DATES: Written comments must be
                                                                                                       estimated AD cash deposits collected on
                                               Electronic Service System (ACCESS).                                                                           submitted on or before June 18, 2018.
                                                                                                       such entries.
                                               ACCESS is available to registered users                                                                       ADDRESSES: Direct all written comments
                                                                                                          The current requirement for cash                   to Jennifer Jessup, Departmental
                                               at http://access.trade.gov and in the
                                                                                                       deposits of estimated AD duties on all                Paperwork Clearance Officer,
                                               Central Records Unit, room B8024 of the
                                               main Department of Commerce                             entries of subject merchandise will                   Department of Commerce, Room 6616,
                                               building. An electronically filed                       continue unless they are modified                     14th and Constitution Avenue NW,
                                               document must be received successfully                  pursuant to the final results of these                Washington, DC 20230 (or via the
                                               in its entirety by ACCESS, by 5:00 p.m.                 changed circumstances reviews. If, in                 internet at pracomments@doc.gov).
                                               Eastern Time on the due dates set forth                 the final results of these reviews,                   FOR FURTHER INFORMATION CONTACT:
                                               in this notice.                                         Commerce continues to determine that                  Requests for additional information or
                                                                                                       changed circumstances warrant the                     copies of the information collection
                                                  Any interested party may request a
                                                                                                       revocation of the Orders, in part, we                 instrument and instructions should be
                                               hearing within 14 days of publication of
                                               this notice. Hearing requests should                    will instruct CBP to discontinue                      directed to Carl Gouldman, (240) 533–
                                               contain the following information: (1)                  collecting cash deposits on entries of                9454 or carl.gouldman@noaa.gov.
                                               The party’s name, address, and                          merchandise covered by the exclusion                  SUPPLEMENTARY INFORMATION:
                                               telephone number; (2) the number of                     language above effective on the date of
                                                                                                                                                             I. Abstract
                                               participants; and (3) a list of the issues              publication of the final results of these
                                               to be discussed. Oral presentations at                  changed circumstances reviews.                           This request is for reinstatement with
                                               the hearing will be limited to issues                                                                         changes of an information collection
                                                                                                          These preliminary results of reviews
                                               raised in the briefs. If a request for a                                                                      supported by Section 12302 (3) of the
                                                                                                       and notice are in accordance with                     Integrated Coastal and Ocean
                                               hearing is made, parties will be notified               sections 751(b) and 777(i) of the Act and
                                               of the time and date for the hearing to                                                                       Observation System Act (ICOOS Act)
                                                                                                       19 CFR 351.221 and 19 CFR 351.222.                    part of the Omnibus Public Land
                                               be held at the U.S. Department of
                                               Commerce, 1401 Constitution Avenue                        Dated: April 12, 2018.                              Management Act of 2009 (Pub. L. 111–
                                                                                                       Gary Taverman,                                        11). The survey is voluntary.
                                                                                                                                                                NOAA’s National Ocean Service is
                                                  12 The most recent administrative review of the      Deputy Assistant Secretary for Antidumping
                                               Korea AD order was completed on August 2, 2017,         and Countervailing Duty Operations,
                                                                                                                                                             requesting approval to repeat a web-
                                               and covered May 1, 2016 through April 30, 2017.         performing the non-exclusive functions and            based survey of employers who provide
                                               See Polyester Staple Fiber from the Republic of         duties of the Assistant Secretary for                 either services or infrastructure to the
                                               Korea: Rescission of Antidumping Duty                                                                         Integrated Ocean Observing System
                                               Administrative Review; 2016–2017, 82 FR 37052
                                                                                                       Enforcement and Compliance.
                                               (August 8, 2017) (which rescinds the review for the     [FR Doc. 2018–08198 Filed 4–18–18; 8:45 am]           (IOOS) or organizations that add value
                                               Korea AD order, A–580–839). For the Taiwan AD                                                                 to the IOOS data and other outputs by
                                                                                                       BILLING CODE 3510–DS–P
                                               order, A–583–833, Commerce did not receive a                                                                  tailoring them for specific end uses. The
                                               request to conduct an administrative review for the                                                           purpose of the survey and overall
                                               period of review (POR) May 1, 2016 through April
                                                                                                                                                             project is to gather data to articulate the
daltland on DSKBBV9HB2PROD with NOTICES




                                               30, 2017. Commerce issued instructions to U.S.
                                               Customs and Border Protection on July 21, 2017,                                                               collective and derived value of the IOOS
                                               liquidating all entries for all firms for the POR.                                                            enterprise, and to create a profile of
                                                  13 Commerce is altering the deadline for the
                                                                                                                                                             businesses and organizations who are
                                               submission of case briefs, as authorized by 19 CFR                                                            involved with providing services or
                                               351.309(c)(1)(ii).
                                                  14 Commerce is altering the deadline for the                                                               utilizing the data for other specific end
                                               submission of rebuttal briefs, as authorized by 19                                                            uses. This will be the second survey of
                                               CFR 351.309(d)(1).                                        15 See   19 CFR 351.310(d).                         its kind on a national scale following


                                          VerDate Sep<11>2014   17:49 Apr 18, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\19APN1.SGM   19APN1



Document Created: 2018-04-19 00:41:06
Document Modified: 2018-04-19 00:41:06
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 April 19, 2018.
ContactEmily 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 Citation83 FR 17364 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR