[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 79897-79899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22521]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-895]


Low Melt Polyester Staple Fiber From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the sole producer/exporter subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR) August 1, 2022, 
through July 31, 2023. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable October 1, 2024.

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, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 2018, Commerce published in the Federal Register the 
antidumping duty order on low melt polyester staple fiber (low melt 
PSF) from the Republic of Korea (Korea).\1\ On October 18, 2023, based 
on a timely request for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review on low melt PSF 
from Korea.\2\ The review covers one producer/exporter of the subject 
merchandise, Toray Advanced Materials Korea, Inc. (TAK).
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    \1\ See Low Melt Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16, 
2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023).
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    On April 8, 2024, Commerce extended the deadline for the 
preliminary results of this administrative review until August 30, 
2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\4\ The deadline for the 
preliminary results is now September 6, 2024. For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\5\
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    \3\ See Memorandum, ``Extension of the Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 8, 
2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Low Melt Polyester Staple Fiber from the Republic of Korea; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    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. For a complete description of the 
scope of the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
NV is calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice. The Preliminary 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 Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following estimated weighted-average dumping margin exists for the 
period August 1, 2022, through July 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................        2.46
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs or other written comments 
to Commerce no later than 30 days after the date of publication of this 
notice.\6\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the time limit for 
filing case briefs.\7\ Parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a statement

[[Page 79898]]

of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\8\
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    \6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\9\ Further, we 
request that interested parties limit their public executive summary of 
each issue to no more than 450 words, no including citations. We intend 
to use the public executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
public executive summary of each issue. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Acting Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS. Hearing requests should contain: (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to issues raised in the respective case 
briefs. If a request for a hearing is made, Commerce intends to hold 
the hearing at a date and time to be determined and will notify the 
parties through ACCESS.\11\ Parties should confirm the date, time, and 
location of the hearing two days before the scheduled date.
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    \11\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS. An electronically-filed 
document must be received successfully in its entirety by ACCESS by 
5:00 p.m. Eastern Time on the established deadline.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, upon completion of the 
final results, Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.\12\ Pursuant to 19 CFR 351.212(b)(1), if TAK's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales.\13\ If the respondent has 
not reported entered values, we will calculate a per-unit assessment 
rate for each importer by dividing the total amount of dumping 
calculated for the examined sales made to that importer by the total 
quantity associated with those transactions. If TAK's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate entries without regard to 
antidumping duties.\14\ The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.\15\
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    \12\ See 19 CFR 351.212(b).
    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \14\ Id. 77 FR at 8102.
    \15\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by TAK 
for which it did not know that the merchandise was destined for the 
United States, we intend to instruct CBP to liquidate unreviewed 
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 16.27 percent) \16\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\17\
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    \16\ See Order.
    \17\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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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

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not participating 
in this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which the company was reviewed; (3) if the exporter is 
not a firm covered in this review, a prior review, or the LTFV 
investigation, but the producer is, then the cash deposit rate will be 
the cash deposit 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 producers or exporters will continue to be 
16.27 percent, the all-others rate established in the LTFV 
investigation.\18\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \18\ See Order.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested parties in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register.\19\
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    \19\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Notification to Importers

    This notice also serves as a preliminary 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 double antidumping duties.

[[Page 79899]]

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2024-22521 Filed 9-30-24; 8:45 am]
BILLING CODE 3510-DS-P