[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65517-65518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-43]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Certain Polyester Staple Fiber from the Republic of Korea: Final
Results of the 2007-2008 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 9, 2009, the Department of Commerce published the
preliminary results of the eighth administrative review of the
antidumping duty order on certain polyester staple fiber from the
Republic of Korea. The review covers the shipments of subject
merchandise to the United States by Huvis Corporation. Based on our
analysis of the comments received from interested parties, we have made
no changes for the final results. The final weighted-average dumping
margins are listed below in the ``Final Results of the Review'' section
of this notice.
EFFECTIVE DATE: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Brandon Farlander,
Office 1, AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
0588 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2009, the Department of Commerce (``the Department'')
published Certain Polyester Staple Fiber from the Republic of Korea:
Preliminary Results of the 2007/2008 Antidumping Duty Administrative
Review, 74 FR 27281 (June 9, 2009) (``Preliminary Results'') in the
Federal Register.
From July 27 to July 31, 2009, the Department conducted a
verification of Huvis Corporation's (``Huvis'') submitted cost
information. The Department reported its findings on September 15,
2009. See Memorandum to the File, ``Verification of the Cost Response
of Huvis Corporation in the Antidumping Review of Certain Polyester
Staple Fiber from the Republic of Korea'' dated September 15, 2009.
This report is on file in the Department's Central Records Unit
(``CRU'') in room 1117 of the main Department building.
On September 18, 2009, the Department published in the Federal
Register an extension of the time limit for the completion of the final
results of this review until no later than December 7, 2009, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.213(h)(2). See Certain Polyester
Staple Fiber from the Republic of Korea: Extension of Time Limit for
the Final Results of the 2007-2008 Antidumping Duty Administrative
Review, 74 FR 47919 (September 18, 2009).
On September 28, 2009, Huvis filed a case brief. On October 5,
2009, Invista, S.a.r.L., and DAK Americas, LLC (collectively, ``the
petitioners'') filed a rebuttal brief.
Scope of the Order
For the purposes of the order, the product covered is certain
polyester staple fiber (``PSF''). PSF is defined as synthetic staple
fibers, not carded, combed or otherwise processed for spinning, of
polyesters measuring 3.3 decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to lengths varying from one inch (25
mm) to five inches (127 mm). The merchandise subject to the order may
be coated, usually with a silicon or other finish, or not coated. PSF
is generally used as stuffing in sleeping bags, mattresses, ski
jackets, comforters, cushions, pillows, and furniture. Merchandise of
less than 3.3 decitex (less than 3 denier) currently classifiable under
the Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheading 5503.20.00.25 is specifically excluded from the order. Also
specifically excluded from the order are polyester staple fibers of 10
to 18 denier that are cut to lengths of 6 to 8 inches (fibers used in
the manufacture of carpeting). In addition, low-;melt PSF is excluded
from the order. Low-melt PSF is defined as a bi-component fiber with an
outer sheath that melts at a significantly lower temperature than its
inner core.
The merchandise subject to the order is currently classifiable in
the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise under the order is
dispositive.
Period of Review
The period of review (``POR'') is May 1, 2007, through April 30,
2008.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the December 7, 2009, Issues and Decision
Memorandum for the Eighth Antidumping Duty Administrative Review of
Certain Polyester Staple Fiber from the Republic of Korea (``Decision
Memorandum''), which is hereby adopted by this notice. Attached to this
notice as an appendix is a list of the issues which parties have raised
and to which we have responded in the Decision Memorandum. Parties can
find a complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the CRU. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web. at http://
ia.itadoc.gov/frn/index.html. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Fair Value Comparisons
To determine whether sales of PSF from the Republic of Korea to the
United States were made at less than normal value (``NV''), we compared
export price (``EP'') to the NV. We calculated EP, NV, constructed
value (``CV''), and the cost of production (``COP''), based on the same
methodologies used in the Preliminary Results.
Final Results of the Review
We find that the following margin percentage exists for the period
May 1, 2007, through April 30, 2008:
------------------------------------------------------------------------
Weighted-average
Manufacturer margin percentage
------------------------------------------------------------------------
Huvis Corporation................................... 1.50%
------------------------------------------------------------------------
Assessment Rates
Huvis submitted evidence demonstrating that it was the importer of
record for certain of its POR sales. We examined the customs entry
documentation submitted by Huvis and
[[Page 65518]]
tied it to the U.S. sales listing. Therefore, for purposes of
calculating the importer-specific assessment rates, we have treated
Huvis as the importer of record for certain POR shipments. Pursuant to
19 CFR 351.212(b)(1), for all sales where Huvis is the importer of
record, Huvis submitted the reported entered value of the U.S. sales
and we have calculated importer-specific assessment rates based on the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those sales.
Regarding sales where Huvis was not the importer of record, we note
that Huvis did not report the entered value for the U.S. sales in
question. Accordingly, we have calculated importer-;specific per-;unit
duty assessment rates for the merchandise in question by aggregating
the dumping margins calculated for all U.S. sales to each importer and
dividing this amount by the total quantity of those sales. To determine
whether the duty assessment rates were de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculated
importer-specific ad valorem ratios based on the estimated entered
value.
Pursuant to 19 CFR 351.106(c)(2), we will instruct U.S. Customs and
Border Protection (``CBP'') to liquidate without regard to antidumping
duties any entries for which the assessment rate is de minimis (i.e.,
less than 0.50 percent). The Department intends to issue assessment
instructions directly to CBP 15 days after publication of the final
results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by companies included in these final results for which the
reviewed companies did not know their merchandise 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. Id.
Cash Deposit Rates
The following antidumping duty deposits will be required on all
shipments of certain PSF from the Republic of Korea entered, or
withdrawn from warehouse, for consumption, effective on or after the
publication date of the final results of this administrative review, as
provided by section 751(a)(1) of the Act: (1) the cash deposit rates
for the reviewed companies will be the rate listed above (except no
cash deposit will be required if a company's weighted-average margin is
de minimis, i.e., less than 0.5 percent), (2) for merchandise exported
by manufacturers or exporters not covered in this review but covered in
the original less-than-fair-value investigation or a previous review,
the cash deposit rate will continue to be the most recent rate
published in the final determination or final results for which the
manufacturer or exporter received an individual rate; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original investigation, but the manufacturer is, the cash deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) if neither the exporter nor
the manufacturer is a firm covered in this review, a prior review, or
the investigation, the cash deposit rate will be 7.91 percent, the all-
others rate established in Certain Polyester Staple Fiber from the
Republic of Korea: Notice of Amended Final Determination and Amended
Order Pursuant to Final Court Decision, 68 FR 74552 (December 24,
2003). These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction 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 the 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 sanctionable violation.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 2, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Decision Memorandum
Comment 1: Valuation of Upstream Inputs Consumed in Qualified
Terephthalic Acid
Comment 2: Offsetting Negative Margins
[FR Doc. E9-29467 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-S