83 FR 40752 - Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 159 (August 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 159 (August 16, 2018)
| Page Range | 40752-40753 | |
| FR Document | 2018-17691 |
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)] [Notices] [Pages 40752-40753] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17691] [[Page 40752]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-895, A-583-861] Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) orders on low melt polyester staple fiber (low melt PSF) from the Republic of Korea (Korea) and Taiwan. DATES: Applicable August 16, 2018. FOR FURTHER INFORMATION CONTACT: Alice Maldonado at (202) 482-4682 or Brittany Bauer at (202) 482-3860 (Korea); Rebecca Janz at (202) 482- 2972 or Ajay Menon at (202) 482-1993 (Taiwan); AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on June 22, 2018, Commerce published its affirmative final determinations in the less- than-fair-value (LTFV) investigations of low melt PSF from Korea and Taiwan.\1\ On August 6, 2018, the ITC notified Commerce of its affirmative determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of low melt PSF from Korea and Taiwan, and its determination that critical circumstances do not exist with respect to imports of low melt PSF from Korea subject to Commerce's affirmative critical circumstances determination.\2\ --------------------------------------------------------------------------- \1\ See Low Melt Polyester Staple Fiber from the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 83 FR 29094 (June 22, 2018) (Korea Final Determination); and Low Melt Polyester Staple Fiber from Taiwan: Final Determination of Sales at Less Than Fair Value, 83 FR 29099 (June 22, 2018). \2\ See Letter from the ITC to the Hon. Gary Taverman, dated August 6, 2018. See also Low Melt Polyester Staple Fiber from Korea and Taiwan, 83 FR 39461 (August 9, 2018). --------------------------------------------------------------------------- Scope of the Orders The merchandise subject to these orders is synthetic staple fibers, not carded or combed, specifically bi-component polyester fibers having a polyester fiber component that melts at a lower temperature than the other polyester fiber component (low melt PSF). The scope includes bi- component polyester staple fibers of any denier or cut length. The subject merchandise may be coated, usually with a finish or dye, or not coated. Low melt PSF is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 5503.20.0015. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the orders is dispositive. Antidumping Duty Orders As stated above, on August 6, 2018, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of low melt PSF from Korea and Taiwan.\3\ The ITC also notified Commerce of its determination that critical circumstances do not exist with respect to imports of low melt PSF from Korea subject to Commerce's critical circumstances finding.\4\ Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these AD orders. Because the ITC determined that imports of low melt PSF from Korea and Taiwan are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea and Taiwan, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \3\ Id. \4\ Id. --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of low melt PSF from Korea and Taiwan. Antidumping duties will be assessed on unliquidated entries of low melt PSF from Korea and Taiwan entered, or withdrawn from warehouse, for consumption on or after February 2, 2018, the date of publication of the preliminary determinations,\5\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination as further described below. --------------------------------------------------------------------------- \5\ See Low Melt Polyester Staple Fiber from the Republic of Korea: Preliminary 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) (Korea Preliminary Determination); 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) (Taiwan Preliminary Determination). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of low melt PSF from Korea and Taiwan. Because the estimated weighted- average dumping margin for Huvis Corporation (Huvis) in the Korea Final Determination was zero, entries of shipments of subject merchandise both produced and exported by Huvis are not subject to suspension of liquidation or cash deposit requirements. Entries of subject merchandise exported to the United States by any other producer and exporter combination are not entitled to this exclusion from suspension of liquidation and are subject to the applicable cash deposit rates noted below. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed below.\6\ The relevant all-others rates apply to all producers or exporters not specifically listed, as appropriate. --------------------------------------------------------------------------- \6\ See section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that four-month period to no more than six months. At the request of [[Page 40753]] exporters that account for a significant proportion of low melt PSF from Korea and Taiwan, we extended the four-month period to six months in both cases.\7\ Commerce's preliminary determinations were published on February 2, 2018. Therefore, the extended period, beginning on the date of publication of the preliminary determinations, ended on August 1, 2018. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed below will begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \7\ See Korea Preliminary Determination and Taiwan Preliminary Determination. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of low melt PSF from Korea and Taiwan entered, or withdrawn from warehouse, for consumption after August 1, 2018, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. Critical Circumstances With regard to the ITC's negative critical circumstances determination regarding imports of low melt PSF from Korea, Commerce will instruct CBP to lift suspension and refund any cash deposits made to secure payment of estimated antidumping duties on subject merchandise entered, or withdrawn from warehouse, for consumption on or after November 4, 2017 (i.e., 90 days prior to the date of publication of the preliminary determinations), but before February 2, 2018 (i.e., the date of publication of the preliminary determinations). Estimated Weighted-Average Dumping Margins The estimated weighted-average AD margins are as follows: ------------------------------------------------------------------------ Dumping Exporter/producer margins (percent) ------------------------------------------------------------------------ Korea: Huvis Corporation 0.00 Toray Chemical Korea Inc.................................. 16.27 All Others................................................ 16.27 Taiwan: Far Eastern New Century Corporation 49.93 All Others................................................ 49.93 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the AD orders with respect to low melt PSF from Korea and Taiwan pursuant to section 736(a) of the Act. Interested parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: August 9, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018-17691 Filed 8-15-18; 8:45 am] BILLING CODE 3510-DS-P
![40752 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
DEPARTMENT OF COMMERCE Scope of the Orders preliminary determinations,5 but will
not include entries occurring after the
International Trade Administration The merchandise subject to these expiration of the provisional measures
orders is synthetic staple fibers, not period and before publication of the
carded or combed, specifically bi- ITC’s final injury determination as
[A–580–895, A–583–861]
component polyester fibers having a further described below.
Low Melt Polyester Staple Fiber From polyester fiber component that melts at
a lower temperature than the other Suspension of Liquidation
the Republic of Korea and Taiwan:
Antidumping Duty Orders polyester fiber component (low melt In accordance with section
PSF). The scope includes bi-component 735(c)(1)(B) of the Act, we will instruct
AGENCY: Enforcement and Compliance, polyester staple fibers of any denier or CBP to continue to suspend liquidation
International Trade Administration, cut length. The subject merchandise on all relevant entries of low melt PSF
Department of Commerce. may be coated, usually with a finish or from Korea and Taiwan. Because the
SUMMARY: Based on affirmative final dye, or not coated. estimated weighted-average dumping
determinations by the Department of Low melt PSF is classifiable under the margin for Huvis Corporation (Huvis) in
Commerce (Commerce) and the Harmonized Tariff Schedule of the the Korea Final Determination was zero,
International Trade Commission (ITC), United States (HTSUS) subheading entries of shipments of subject
Commerce is issuing antidumping duty 5503.20.0015. Although the HTSUS merchandise both produced and
(AD) orders on low melt polyester staple subheading is provided for convenience exported by Huvis are not subject to
fiber (low melt PSF) from the Republic and customs purposes, the written suspension of liquidation or cash
of Korea (Korea) and Taiwan. description of the scope of the orders is deposit requirements. Entries of subject
DATES: Applicable August 16, 2018. dispositive. merchandise exported to the United
States by any other producer and
FOR FURTHER INFORMATION CONTACT: Antidumping Duty Orders exporter combination are not entitled to
Alice Maldonado at (202) 482–4682 or
As stated above, on August 6, 2018, in this exclusion from suspension of
Brittany Bauer at (202) 482–3860
accordance with sections 735(b)(1)(A)(i) liquidation and are subject to the
(Korea); Rebecca Janz at (202) 482–2972
and 735(d) of the Act, the ITC notified applicable cash deposit rates noted
or Ajay Menon at (202) 482–1993
Commerce of its final determinations in below. These instructions suspending
(Taiwan); AD/CVD Operations, Office II,
these investigations, in which it found liquidation will remain in effect until
Enforcement and Compliance, further notice.
International Trade Administration, that an industry in the United States is
We will also instruct CBP to require
U.S. Department of Commerce, 1401 materially injured by reason of imports
cash deposits equal to the amounts as
Constitution Avenue NW, Washington, of low melt PSF from Korea and
indicated below. Accordingly, effective
DC 20230. Taiwan.3 The ITC also notified
on the date of publication of the ITC’s
SUPPLEMENTARY INFORMATION: Commerce of its determination that final affirmative injury determination,
critical circumstances do not exist with CBP will require, at the same time as
Background respect to imports of low melt PSF from importers would normally deposit
In accordance with sections 735(d) Korea subject to Commerce’s critical estimated duties on this subject
and 777(i)(1) of the Tariff Act of 1930, circumstances finding.4 Therefore, in merchandise, a cash deposit equal to the
as amended (the Act), and 19 CFR accordance with section 735(c)(2) of the estimated weighted-average dumping
351.210(c), on June 22, 2018, Commerce Act, we are issuing these AD orders. margins listed below.6 The relevant all-
published its affirmative final Because the ITC determined that others rates apply to all producers or
determinations in the less-than-fair- imports of low melt PSF from Korea and exporters not specifically listed, as
value (LTFV) investigations of low melt Taiwan are materially injuring a U.S. appropriate.
PSF from Korea and Taiwan.1 On industry, unliquidated entries of such
August 6, 2018, the ITC notified merchandise from Korea and Taiwan, Provisional Measures
Commerce of its affirmative entered or withdrawn from warehouse Section 733(d) of the Act states that
determinations that an industry in the for consumption, are subject to the the suspension of liquidation pursuant
United States is materially injured assessment of antidumping duties. to an affirmative preliminary
within the meaning of section As a result of the ITC’s final determination may not remain in effect
735(b)(1)(A)(i) of the Act, by reason of determination, in accordance with for more than four months, except
the LTFV imports of low melt PSF from section 736(a)(1) of the Act, Commerce where exporters representing a
Korea and Taiwan, and its will direct U.S. Customs and Border significant proportion of exports of the
determination that critical Protection (CBP) to assess, upon further subject merchandise request Commerce
circumstances do not exist with respect instruction by Commerce, antidumping to extend that four-month period to no
to imports of low melt PSF from Korea duties equal to the amount by which the more than six months. At the request of
subject to Commerce’s affirmative normal value of the merchandise
5 See Low Melt Polyester Staple Fiber from the
critical circumstances determination.2 exceeds the export price (or constructed
Republic of Korea: Preliminary Determination of
export price) of the merchandise, for all Sales at Less Than Fair Value, Preliminary
1 See Low Melt Polyester Staple Fiber from the relevant entries of low melt PSF from Affirmative Determination of Critical
Republic of Korea: Final Determination of Sales at Korea and Taiwan. Antidumping duties Circumstances, in Part, Postponement of Final
Less Than Fair Value and Final Affirmative will be assessed on unliquidated entries Determination, and Extension of Provisional
sradovich on DSK3GMQ082PROD with NOTICES
Determination of Critical Circumstances, in Part, 83 Measures, 83 FR 4906 (February 2, 2018) (Korea
FR 29094 (June 22, 2018) (Korea Final of low melt PSF from Korea and Taiwan Preliminary Determination); and Low Melt Polyester
Determination); and Low Melt Polyester Staple Fiber entered, or withdrawn from warehouse, Staple Fiber from Taiwan: Preliminary Affirmative
from Taiwan: Final Determination of Sales at Less for consumption on or after February 2, Determination of Sales at Less Than Fair Value,
Than Fair Value, 83 FR 29099 (June 22, 2018). 2018, the date of publication of the Postponement of Final Determination, and
2 See Letter from the ITC to the Hon. Gary Extension of Provisional Measures, 83 FR 4903
Taverman, dated August 6, 2018. See also Low Melt (February 2, 2018) (Taiwan Preliminary
3 Id. Determination).
Polyester Staple Fiber from Korea and Taiwan, 83
FR 39461 (August 9, 2018). 4 Id. 6 See section 736(a)(3) of the Act.
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![Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40753
exporters that account for a significant Notification to Interested Parties Elizabethann.Mencher@noaa.gov, or by
proportion of low melt PSF from Korea This notice constitutes the AD orders phone at 301–427–8362; or Shannah
and Taiwan, we extended the four- with respect to low melt PSF from Korea Jaburek by email at Shannah.Jaburek@
month period to six months in both and Taiwan pursuant to section 736(a) noaa.gov, or by phone at 978–282–8456.
cases.7 Commerce’s preliminary of the Act. Interested parties can find a SUPPLEMENTARY INFORMATION: The
determinations were published on list of AD orders currently in effect at Northwest Atlantic Fisheries
February 2, 2018. Therefore, the http://enforcement.trade.gov/stats/ Organization (NAFO) is a regional
extended period, beginning on the date iastats1.html. fisheries management organization that
of publication of the preliminary These orders are published in coordinates scientific study and
determinations, ended on August 1, accordance with section 736(a) of the cooperative management of the fisheries
2018. Pursuant to section 737(b) of the Act and 19 CFR 351.211. resources of the Northwest Atlantic
Act, the collection of cash deposits at
Dated: August 9, 2018. Ocean, excluding salmon, tunas/
the rates listed below will begin on the
James Maeder, marlins, whales and sedentary species
date of publication of the ITC’s final
Associate Deputy Assistant Secretary for (e.g., shellfish). NAFO was established
injury determination.
Antidumping and Countervailing Duty in 1979 by the Convention on Future
Therefore, in accordance with section Operations performing the duties of Deputy Multilateral Cooperation in the
733(d) of the Act, Commerce will Assistant Secretary for Antidumping and Northwest Atlantic Fisheries. The
instruct CBP to terminate the Countervailing Duty Operations. United States acceded to the Convention
suspension of liquidation and to [FR Doc. 2018–17691 Filed 8–15–18; 8:45 am] in 1995, and has participated actively in
liquidate, without regard to BILLING CODE 3510–DS–P NAFO since that time. In 2005, NAFO
antidumping duties, unliquidated launched a reform effort to amend the
entries of low melt PSF from Korea and Convention in order bring the
Taiwan entered, or withdrawn from DEPARTMENT OF COMMERCE Organization more in line with the
warehouse, for consumption after principles of modern fisheries
August 1, 2018, the date on which the National Oceanic and Atmospheric management. As a result of these efforts,
provisional measures expired, until and Administration the Amendment to the Convention on
through the day preceding the date of Future Multilateral Cooperation in the
RIN 0648–XG399
publication of the ITC’s final injury Northwest Atlantic Fisheries entered
determinations in the Federal Register. Northwest Atlantic Fisheries into force in May 2017.
Suspension of liquidation will resume Organization Consultative Committee
on the date of publication of the ITC’s NAFO currently has 12 Contracting
Meeting Parties, including Canada, Cuba,
final determination in the Federal
Register. AGENCY: National Marine Fisheries Denmark (in respect of Faroe Islands
Service (NMFS), National Oceanic and and Greenland), European Union,
Critical Circumstances Atmospheric Administration (NOAA), France (in respect of St. Pierre and
With regard to the ITC’s negative Commerce. Miquelon), Iceland, Japan, Norway,
critical circumstances determination ACTION: Notice of public meeting. Republic of Korea, Russian Federation,
regarding imports of low melt PSF from Ukraine and the United States.
Korea, Commerce will instruct CBP to SUMMARY: NMFS announces a public Membership in the NCC is open to
lift suspension and refund any cash meeting of the Northwest Atlantic representatives from the New England
deposits made to secure payment of Fisheries Organization Consultative and Mid-Atlantic Fishery Management
estimated antidumping duties on Committee. This meeting will help to Councils, the States represented on
subject merchandise entered, or ensure that the interests of U.S. those Councils, the Atlantic States
withdrawn from warehouse, for stakeholders in the fisheries of the Marine Fisheries Commission, the
consumption on or after November 4, Northwest Atlantic Ocean are fishing industry, the seafood processing
2017 (i.e., 90 days prior to the date of adequately represented at the Annual industry, and others knowledgeable and
publication of the preliminary Meeting of the Organization. Northwest experienced in the conservation and
determinations), but before February 2, Atlantic Fisheries Organization management of fisheries in the
2018 (i.e., the date of publication of the Consultative Committee members and Northwest Atlantic Ocean. Members
preliminary determinations). all other interested U.S. stakeholders are shall be appointed to a 2-year term and
invited to attend. are eligible for reappointment. The NCC
Estimated Weighted-Average Dumping DATES: The meeting will be held August is exempted from the Federal Advisory
Margins 27, 2018, from 1:30 p.m. to 3:30 p.m. Committee Act. NCC members are
The estimated weighted-average AD EST. invited to attend all non-executive
margins are as follows: ADDRESSES: The meeting will be held at meetings of the U.S. Commissioners and
National Marine Fisheries Service’s at such meetings are given an
Dumping Greater Atlantic Regional Fisheries opportunity to examine and to be heard
Exporter/producer margins on all proposed programs of study and
(percent) Office, 55 Great Republic Drive,
Gloucester, MA 01930. Please notify investigation, reports,
Korea: Huvis Corporation 0.00 Shannah Jaburek (see FOR FURTHER recommendations, and regulations of
Toray Chemical Korea Inc ...... 16.27 INFORMATION CONTACT) by August 22, issues relating to the Act and
sradovich on DSK3GMQ082PROD with NOTICES
All Others ................................ 16.27 2018, if you plan to attend the meeting proceedings of NAFO. In addition, NCC
Taiwan: Far Eastern New Cen- in person or remotely. The meeting will members may attend all public meetings
tury Corporation 49.93 be accessible by webinar—instructions of the NAFO Commission and any other
All Others ................................ 49.93 will be emailed to meeting participants meetings to which they are invited.
who provide notice. If you are interested in becoming a
7 See Korea Preliminary Determination and FOR FURTHER INFORMATION CONTACT: member of the NCC, please contact
Taiwan Preliminary Determination. Elizabethann Mencher by email at Elizabethann Mencher (see FOR FURTHER
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Document Created: 2018-08-16 01:02:35
Document Modified: 2018-08-16 01:02:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable August 16, 2018. | |
| Contact | Alice Maldonado at (202) 482-4682 or Brittany Bauer at (202) 482-3860 (Korea); Rebecca Janz at (202) 482- 2972 or Ajay Menon at (202) 482-1993 (Taiwan); AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 40752 |
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