# Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
**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, 2020, through July 31, 2021.
**DATES:**
Applicable March 8, 2023.
**FOR FURTHER INFORMATION CONTACT:**
Alice Maldonado, Melissa Porpotage, or 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) 482-4682, (202) 482-1413, and (202) 482-1058 respectively.
**SUPPLEMENTARY INFORMATION:**
**Background**
On August 16, 2018, Commerce published in the *Federal Register* an AD order on low melt polyester staple fiber (low melt PSF) from the Republic of Korea (Korea). [^1] On September 6, 2022, Commerce published the *Preliminary Results* of this administrative review. [^2] On December 6, 2022, Commerce released the verification report and invited parties to comment on the *Preliminary Results.*[^3] Also in December 2022, Commerce received a case brief from Nan Ya plastics Corporation, America (the petitioner) and a rebuttal brief from TAK. [^4] On December 20, 2022, Commerce extended the deadline for the final results until March 3, 2023. [^5] For a description of the events that occurred since the *Preliminary Results, see* the Issues and Decision Memorandum. [^6]
[^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 Low Melt Polyester Staple Fiber from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,* 87 FR 54456 (September 6, 2022) ( *Preliminary Results* ).
[^3]*See* Memoranda, “Verification of Toray Advanced Materials Korea, Inc.,” dated December 6, 2022 (TAK Verification Report); and “Briefing Schedule for the Final Results,” dated December 7, 2022.
[^4]*See* Petitioner's Letter, “Petitioner's Case Brief for Toray Advanced Materials Korea, Inc.,” dated December 14, 2022; *see also* TAK's Letter, “TAK's Rebuttal Brief,” dated December 21, 2022.
[^5]*See* Memorandum, “Extension of Deadline for Final Results of 2020-2021 Antidumping Duty Administrative Review,” dated December 20, 2022.
[^6]*See* Memorandum, “Issues and Decision Memorandum for the Final Results of the 2020-2021 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 (Issues and Decision Memorandum).
Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
**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 (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.
**Verification**
On August 31, 2021, the petitioner requested that Commerce conduct verification of TAK's responses. Accordingly, as provided in section 782(i)(3) of the Act, we verified information relied upon for the final results of this review. [^7]
[^7]*See* TAK Verification Report.
**Analysis of Comments Received**
All issues raised in the case and rebuttal briefs are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum. 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 our *Preliminary Results,* we made certain changes to the preliminary weighted-average margin calculations for TAK. [^8]
[^8]*See* Issues and Decision Memorandum.
**Final Results of Review**
We are assigning the following weighted-average dumping margin to TAK for the period August 1, 2020, through July 31, 2021:
| Producer/exporter | Weighted- |
| --- | --- |
| Toray Advanced Materials Korea, Inc | 1.97 |
**Disclosure**
Commerce intends to disclose the calculations performed in connection with these final results of review to parties in this review 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 this notice 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 has determined, 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 the examined sales to the total entered value of the 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.
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. [^9]
[^9]*See* section 751(a)(2)(C) of the Act.
Commerce's “automatic assessment” will apply to entries of subject merchandise during the POR produced by TAK for which TAK did not know that the merchandise it sold to the intermediary ( *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.
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 cash 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 each specific company listed above will be that 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 investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent segment for the manufacturer 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. [^10] These deposit requirements, when imposed, shall remain in effect until further notice.
[^10]*See Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Antidumping Duty Orders,* 83 FR 40752, (August 16, 2018).
**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 double 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 the terms of an APO is a sanctionable violation.
**Notification to Interested Parties**
This notice is being issued and published in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 2, 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 Issues
Comment 1: Additional Additive Codes Reported by TAK
Comment 2: Cost Smoothing
VI. Recommendation