83 FR 23253 - Polyester Staple Fiber From the Republic of Korea and Taiwan: Final Results of Changed Circumstances Reviews, and Revocation of Antidumping Duty Orders, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 97 (May 18, 2018)

For the final results of these changed circumstances reviews (CCRs), the Department of Commerce (Commerce) is revoking, in part, the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan with respect to certain low-melt PSF.

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23253-23254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10644]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Polyester Staple Fiber From the Republic of Korea and Taiwan: 
Final Results of Changed Circumstances Reviews, and Revocation of 
Antidumping Duty Orders, in Part

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

SUMMARY: For the final results of these changed circumstances reviews 
(CCRs), the Department of Commerce (Commerce) is revoking, in part, the 
antidumping duty (AD) orders on polyester staple fiber (PSF) from the 
Republic of Korea (Korea) and Taiwan with respect to certain low-melt 
PSF.

DATES: Applicable May 18, 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 March 16, 2018, Commerce published the notice of initiation of 
the CCRs requested by DAK Americas, LLC; Nan Ya Plastics Corporation, 
America; Auriga Polymers; and Palmetto Synthetics LLC (i.e., the 
domestic producers) pursuant to section 751(b)(1) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.216(b). The domestic 
producers requested the revocation of the orders with respect to any 
low-melt PSF that may be covered by the Orders \1\ to avoid any 
potential overlap in coverage between the Orders and the AD orders that 
may result from the pending less-than-fair-value investigations of low-
melt polyester staple fiber from Korea and Taiwan.\2\
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber from the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber 
from the Republic of Korea and Taiwan, 65 FR 33807 (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); 
and Low Melt Polyester Staple Fiber from Taiwan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 4903 (February 2, 2018).
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    On April 19, 2018, Commerce published the preliminary results of 
these CCRs, in which it found that producers accounting for 
substantially all of the production of the domestic like product to 
which the Orders pertain lack interest in the relief afforded by the 
Orders with respect to certain low-melt PSF.\3\ Commerce invited 
interested parties to submit comments on the preliminary results. We 
received no comments.
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    \3\ See 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 (April 
19, 2018).
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Final Results of Changed Circumstances Reviews, and Revocation of the 
Orders, in Part

    Because no party submitted comments opposing Commerce's preliminary 
results, and the record contains no other information or evidence that 
calls into question the preliminary results, Commerce determines, 
pursuant to section 751(d)(1) of the Act, section 782(h) of the Act, 
and 19 CFR 351.222(g), that there are changed circumstances that 
warrant revocation of the Orders, in part. Specifically, 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 the following type of 
PSF, we are revoking the Orders, in part, 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.'' The scope description below includes 
this replacement language.

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

[[Page 23254]]

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 polyester fiber having a 
polyester fiber component that melts at a lower temperature than the 
other polyester fiber component.
    The merchandise subject to these Orders is currently classifiable 
in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.\4\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under the Orders 
is dispositive.
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    \4\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
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Instructions to U.S. Customs and Border Protection

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct U.S. 
Customs and Border Protection (CBP) to liquidate without regard to 
antidumping duties, and to refund any estimated antidumping duties, on 
all unliquidated entries of the merchandise covered by this partial 
revocation that are not covered by the final results of an 
administrative review or automatic liquidation.\5\
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    \5\ The most recent administrative review of the Korea AD order 
was completed on August 2, 2017, and covered the period of review 
(POR) 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 POR May 1, 2016 through 
April 30, 2017. Commerce issued instructions to CBP on July 21, 
2017, liquidating all entries for all firms for the POR. Therefore, 
the partial revocation for merchandise subject to the Orders will be 
applied retroactively to unliquidated entries of merchandise entered 
or withdrawn from warehouse, for consumption, on or after May 1, 
2017.
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Notification to Interested Parties

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and revocation, 
in part, and notice in accordance with sections 751(b) and 777(i) of 
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

    Dated: May 11, 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. 2018-10644 Filed 5-17-18; 8:45 am]
 BILLING CODE 3510-DS-P