[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37627-37629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13494]
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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; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The 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).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable June 23, 2020.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Melissa Kinter, 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) 482-4682 or (202)
482-1413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, 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 polyester staple fiber (low melt PSF) from the
Republic of Korea (Korea).\1\ The period of review (POR) is February 1,
2018 through July 31, 2019, and covers one producer and exporter of the
subject merchandise, Toray Advanced Materials Korea, Inc. (TAK).\2\ On
April
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24, 2020, Commerce tolled all deadlines in administrative reviews by 50
days, thereby extending the deadline for these results until June 22,
2020.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019).
\2\ On August 28, 2019, Commerce determined that TAK is the
successor-in-interest to Toray Chemical Korea, Inc. See Low Melt
Polyester Staple Fiber from the Republic of Korea: Notice of Final
Results of Antidumping Duty Changed Circumstances Review, 84 FR
45129 (August 28, 2019).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 Administrative Review of the Antidumping
Duty Order on Low Melt Polyester Staple Fiber from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to this 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). 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 order is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are 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. 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://enforcement.trade .gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for TAK for the period
February 1, 2018 through July 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Toray Advanced Materials Korea, Inc........................ 2.60
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\5\ Interested
parties may submit case briefs 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 seven days
after the time limit for filing case briefs.\7\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\8\ Case and rebuttal
briefs should be filed using ACCESS.\9\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c).
\7\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
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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 Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\10\ 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 briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\11\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until July 17, 2020, unless extended.\12\
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\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 29615 (May 18, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
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\13\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\
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\14\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of their U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. 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. We intend to instruct CBP
to take into account the ``provisional measures deposit cap,'' in
accordance with 19 CFR 351.212(d).
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.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by TAK for which it did not know
that the merchandise it sold to an intermediary
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(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\15\ The all-
others rate is 16.27 percent.\16\
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\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\16\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752, 40753
(August 16, 2018).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
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 TAK 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 companies not
participating in this review, the cash deposit rate will continue to be
the company-specific cash deposit rate published for the most recently
completed segment; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, then the cash deposit rate will be the cash deposit
rate established for the most recently completed segment 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.\17\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ Id.
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Notification to Importers
This notice 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.
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.
Dated: June 17, 2020.
Jeffrey I. Kessler,
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. 2020-13494 Filed 6-22-20; 8:45 am]
BILLING CODE 3510-DS-P