[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75558-75559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24354]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-895]


Low Melt Polyester Staple Fiber From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Toray Advanced Materials Korea, Inc. (TAK) made sales of subject 
merchandise at less than normal value during the period of review 
(POR), August 1, 2021, through July 31, 2022.

DATES: Applicable November 3, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1058.

SUPPLEMENTARY INFORMATION: 

Background

    On June 30, 2023, Commerce published in the Federal Register the 
Preliminary Results of the 2021-2022 administrative review of the 
antidumping duty order on low melt polyester staple fiber (low melt 
PSF) from the Republic of Korea and invited interested parties to 
comment.\1\ For a complete description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2021-2022, 88 FR 42300 (June 30, 2022) (Preliminary 
Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review; 2021-
2022: Low Melt Polyester Staple Fiber from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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    \3\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16, 
2018) (Order).
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    The merchandise subject to the Order 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). A complete description 
of the scope of the Order is contained in the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties in this administrative review are addressed in the Issues and 
Decision Memorandum and are listed in the appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, Commerce made 
certain changes to the weighted-average dumping margin calculations for 
TAK for the final results or review.\4\
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    \4\ See Issues and Decision Memorandum.
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Final Results of the Administrative Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period August 1, 2021, 
through July 31, 2022.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................        3.59
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for each importer's examined sales and the total 
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis, within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
    For entries of subject merchandise during the POR produced by TAK 
for which it did not know that its merchandise was destined for the

[[Page 75559]]

United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate established in the less-than-fair-value (LTFV) of 
16.27 percent ad valorem,\5\ if there is no rate for the intermediate 
company(ies) involved in the transaction.
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    \5\ See Order.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all shipments 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company 
subject to this review will be equal to the weighted-average dumping 
margin established in the final results of the review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior completed segment of the proceeding, the 
cash deposit rate will continue to be the company-specific rate 
published in the completed segment for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original LTFV investigation, but the producer has been covered in a 
prior completed segment of this proceeding, then the cash deposit rate 
will be the rate established in the completed segment for the most 
recent period for the producer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 16.27 percent, the all-others rate established in the LTFV 
investigation for this proceeding.\6\ These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \6\ See Order, 83 FR at 40753.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice serves as the only 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of 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 violation subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: October 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Classification of Grade AM Merchandise
    Comment 2: Clerical Errors
    Comment 3: Customer Name in Liquidation Instructions
VI. Recommendation
[FR Doc. 2023-24354 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P