83_FR_23350 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

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)

Page Range23253-23254
FR Document2018-10644

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 Issue 97 (Friday, May 18, 2018) 
[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

Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices 23253 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE—Continued [05/07/2018 through 05/13/2018] Date Firm name Firm address accepted for Product(s) investigation Hus Furniture, Inc .................... 20 Cards Mill Road, Columbia, 5/11/2018 The firm manufactures residential furniture of solid wood, in- CT 06237. cluding dinner tables, coffee tables, and chairs. Any party having a substantial NW, Washington, DC 20230; telephone parties to submit comments on the interest in these proceedings may (202) 482–0176 or (202) 482–1395, preliminary results. We received no request a public hearing on the matter. respectively. comments. A written request for a hearing must be SUPPLEMENTARY INFORMATION: Final Results of Changed submitted to the Trade Adjustment Background Circumstances Reviews, and Assistance Division, Room 71030, Revocation of the Orders, in Part Economic Development Administration, On March 16, 2018, Commerce U.S. Department of Commerce, published the notice of initiation of the Because no party submitted Washington, DC 20230, no later than ten CCRs requested by DAK Americas, LLC; comments opposing Commerce’s (10) calendar days following publication Nan Ya Plastics Corporation, America; preliminary results, and the record of this notice. These petitions are Auriga Polymers; and Palmetto contains no other information or received pursuant to section 251 of the Synthetics LLC (i.e., the domestic evidence that calls into question the Trade Act of 1974, as amended. producers) pursuant to section 751(b)(1) preliminary results, Commerce Please follow the requirements set of the Tariff Act of 1930, as amended determines, pursuant to section forth in EDA’s regulations at 13 CFR (the Act) and 19 CFR 351.216(b). The 751(d)(1) of the Act, section 782(h) of 315.9 for procedures to request a public domestic producers requested the the Act, and 19 CFR 351.222(g), that hearing. The Catalog of Federal revocation of the orders with respect to there are changed circumstances that Domestic Assistance official number any low-melt PSF that may be covered warrant revocation of the Orders, in and title for the program under which by the Orders 1 to avoid any potential part. Specifically, because the producers these petitions are submitted is 11.313, overlap in coverage between the Orders accounting for substantially all of the Trade Adjustment Assistance for Firms. and the AD orders that may result from production of the domestic like product the pending less-than-fair-value to which the Orders pertain lack interest Irette Patterson, investigations of low-melt polyester in the relief provided by the Orders with Program Analyst. staple fiber from Korea and Taiwan.2 respect to the following type of PSF, we [FR Doc. 2018–10616 Filed 5–17–18; 8:45 am] On April 19, 2018, Commerce are revoking the Orders, in part, by BILLING CODE 3510–WH–P published the preliminary results of replacing the following language these CCRs, in which it found that currently in the scope of the Orders: producers accounting for substantially ‘‘{i}n addition, low-melt PSF is DEPARTMENT OF COMMERCE all of the production of the domestic excluded from these orders. Low-melt like product to which the Orders pertain PSF is defined as a bi-component fiber International Trade Administration lack interest in the relief afforded by the with an outer sheath that melts at a [A–580–839, A–583–833] Orders with respect to certain low-melt significantly lower temperature than its PSF.3 Commerce invited interested inner core,’’ with the following Polyester Staple Fiber From the language: ‘‘{i}n addition, low-melt PSF Republic of Korea and Taiwan: Final 1 See Notice of Amended Final Determination of is excluded from these orders. Low-melt Results of Changed Circumstances Sales at Less Than Fair Value: Certain Polyester PSF is defined as a bi-component Reviews, and Revocation of Staple Fiber from the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple polyester fiber having a polyester fiber Antidumping Duty Orders, in Part Fiber from the Republic of Korea and Taiwan, 65 component that melts at a lower FR 33807 (May 25, 2000) (Orders). temperature than the other polyester AGENCY: Enforcement and Compliance, 2 See Polyester Staple Fiber from the Republic of International Trade Administration, Korea and Taiwan: Initiation of Changed fiber component.’’ The scope Department of Commerce. Circumstances Reviews, and Consideration of description below includes this SUMMARY: For the final results of these Revocation of the Antidumping Duty Orders in Part, replacement language. 83 FR 11678 (March 16, 2018) (Initiation Notice); changed circumstances reviews (CCRs), see also Low Melt Polyester Staple Fiber from the Scope of the Orders the Department of Commerce Republic of Korea and Taiwan: Initiation of Less- (Commerce) is revoking, in part, the Than-Fair-Value Investigations, 82 FR 34277 (July The product covered by the Orders is antidumping duty (AD) orders on 24, 2017); Low Melt Polyester Staple Fiber from the certain polyester staple fiber (PSF). PSF polyester staple fiber (PSF) from the Republic of Korea: Preliminary Affirmative is defined as synthetic staple fibers, not Determination of Sales at Less Than Fair Value, carded, combed or otherwise processed Republic of Korea (Korea) and Taiwan Preliminary Affirmative Determination of Critical with respect to certain low-melt PSF. Circumstances, in Part, Postponement of Final for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more daltland on DSKBBV9HB2PROD with NOTICES Determination, and Extension of Provisional DATES: Applicable May 18, 2018. Measures, 83 FR 4906 (February 2, 2018); and Low in diameter. This merchandise is cut to FOR FURTHER INFORMATION CONTACT: Melt Polyester Staple Fiber from Taiwan: lengths varying from one inch (25 mm) Emily Halle or Nicholas Czajkowski, Preliminary Affirmative Determination of Sales at to five inches (127 mm). The AD/CVD Operations, Enforcement and Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Compliance, International Trade Measures, 83 FR 4903 (February 2, 2018). Circumstances Reviews, and Intent To Revoke Administration, U.S. Department of 3 See Polyester Staple Fiber from the Republic of Antidumping Duty Orders in Part, 83 FR 17364 Commerce, 1401 Constitution Avenue Korea and Taiwan: Preliminary Results of Changed (April 19, 2018). VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\18MYN1.SGM 18MYN1

23254 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices merchandise subject to these Orders responsibility concerning the would be able to choose the duty rates may be coated, usually with a silicon or disposition of proprietary information during customs entry procedures that other finish, or not coated. PSF is disclosed under APO in accordance apply to: Finished lasmiditan tablets generally used as stuffing in sleeping with 19 CFR 351.305(a)(3). Timely (duty-free). Lilly del Caribe would be bags, mattresses, ski jackets, comforters, written notification of the return/ able to avoid duty on foreign-status cushions, pillows, and furniture. destruction of APO materials or components which become scrap/waste. Merchandise of less than 3.3 decitex conversion to judicial protective order is Customs duties also could possibly be (less than 3 denier) currently classifiable hereby requested. Failure to comply deferred or reduced on foreign-status under the Harmonized Tariff Schedule with the regulations and terms of an production equipment. of the United States (HTSUS) at APO is a sanctionable violation. The material/component sourced subheading 5503.20.00.25 is specifically We are issuing and publishing these from abroad is: Lasmiditan excluded from these orders. Also final results and revocation, in part, and hemisuccinate active ingredient (duty specifically excluded from these Orders notice in accordance with sections rate 6.5%). are polyester staple fibers of 10 to 18 751(b) and 777(i) of the Act and 19 CFR Public comment is invited from denier that are cut to lengths of 6 to 8 351.216, 19 CFR 351.221(c)(3), and 19 interested parties. Submissions shall be inches (fibers used in the manufacture CFR 351.222. addressed to the Board’s Executive of carpeting). In addition, low-melt PSF Dated: May 11, 2018. Secretary at the address below. The is excluded from these Orders. Low- Gary Taverman, closing period for their receipt is June melt PSF is defined as a bi-component Deputy Assistant Secretary for Antidumping 27, 2018. polyester fiber having a polyester fiber and Countervailing Duty Operations, A copy of the notification will be component that melts at a lower performing the non-exclusive functions and available for public inspection at the temperature than the other polyester duties of the Assistant Secretary for Office of the Executive Secretary, fiber component. Enforcement and Compliance. Foreign-Trade Zones Board, Room The merchandise subject to these [FR Doc. 2018–10644 Filed 5–17–18; 8:45 am] 21013, U.S. Department of Commerce, Orders is currently classifiable in the BILLING CODE 3510–DS–P 1401 Constitution Avenue NW, HTSUS at subheadings 5503.20.00.45 Washington, DC 20230–0002, and in the and 5503.20.00.65.4 Although the ‘‘Reading Room’’ section of the Board’s HTSUS subheadings are provided for DEPARTMENT OF COMMERCE website, which is accessible via convenience and customs purposes, the www.trade.gov/ftz. written description of the merchandise Foreign-Trade Zones Board For further information, contact under the Orders is dispositive. [B–30–2018] Christopher Wedderburn at Instructions to U.S. Customs and chris.wedderburn@trade.gov or (202) Border Protection Foreign-Trade Zone (FTZ) 7— 482–1963. Mayaguez, Puerto Rico; Notification of Dated: May 15, 2018. Because we determine that there are Proposed Production Activity; Lilly del changed circumstances that warrant the Andrew McGilvray, Caribe, Inc.; (Pharmaceutical revocation of the Orders, in part, we Products); Carolina, Puerto Rico Executive Secretary. will instruct U.S. Customs and Border [FR Doc. 2018–10646 Filed 5–17–18; 8:45 am] Protection (CBP) to liquidate without Lilly del Caribe, Inc. (Lilly del Caribe) BILLING CODE 3510–DS–P regard to antidumping duties, and to submitted a notification of proposed refund any estimated antidumping production activity to the FTZ Board for duties, on all unliquidated entries of the its facility in Carolina, Puerto Rico. The DEPARTMENT OF COMMERCE merchandise covered by this partial notification conforming to the revocation that are not covered by the requirements of the regulations of the International Trade Administration final results of an administrative review FTZ Board (15 CFR 400.22) was [A–570–904] or automatic liquidation.5 received on May 14, 2018. Lilly del Caribe already has authority Certain Activated Carbon From the Notification to Interested Parties to produce the active ingredients People’s Republic of China: This notice serves as a reminder to humalog, duloxetine, abemaciclib, and Preliminary Results of Antidumping parties subject to an administrative barcitinib within Subzone 7K. The Duty Administrative Review and protective order (APO) of their current request would add a finished Preliminary Determination of No product and a foreign status material/ Shipments; 2016–2017 4 These HTSUS numbers have been revised to component to the scope of authority. reflect changes in the HTSUS numbers at the suffix Pursuant to 15 CFR 400.14(b), AGENCY: Enforcement and Compliance, level. International Trade Administration, 5 The most recent administrative review of the additional FTZ authority would be Korea AD order was completed on August 2, 2017, limited to the specific foreign-status Department of Commerce. and covered the period of review (POR) May 1, material/component and the specific SUMMARY: The Department of Commerce 2016 through April 30, 2017. See Polyester Staple finished product described in the (Commerce) preliminarily determines Fiber from the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2016– submitted notification (as described that Carbon Activated Tianjin Co., Ltd. 2017, 82 FR 37052 (August 8, 2017) (which rescinds below) and subsequently authorized by (Carbon Activated) and Datong Juqiang the review for the Korea AD order, A–580–839). For the FTZ Board. Activated Carbon Co., Ltd. (Datong the Taiwan AD order, A–583–833, Commerce did Production under FTZ procedures Juqiang), exporters of certain activated daltland on DSKBBV9HB2PROD with NOTICES not receive a request to conduct an administrative review for the POR May 1, 2016 through April 30, could exempt Lilly del Caribe from from the People’s Republic of China 2017. Commerce issued instructions to CBP on July customs duty payments on the foreign- (China), sold subject merchandise in the 21, 2017, liquidating all entries for all firms for the status materials/components used in United States at prices below normal POR. Therefore, the partial revocation for export production. On its domestic value (NV) during the period of review merchandise subject to the Orders will be applied retroactively to unliquidated entries of merchandise sales, for the foreign-status material/ (POR) April 1, 2016, through March 31, entered or withdrawn from warehouse, for component noted below and in the 2017. Interested parties are invited to consumption, on or after May 1, 2017. existing scope of authority, the company comment on these preliminary results. VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\18MYN1.SGM 18MYN1


Document Created: 2018-05-18 02:15:41
Document Modified: 2018-05-18 02:15:41
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
DatesApplicable May 18, 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 23253 
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