[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 43921-43922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18391]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Certain Polyester Staple Fiber From Taiwan: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 5, 2010, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on certain polyester staple fiber from Taiwan. The period of
review is May 1, 2008, through April 30, 2009. We gave interested
parties an opportunity to comment on the preliminary results. We
received comments from Far Eastern Textile Limited. The final weighted-
average dumping margin for Far Eastern Textile Limited is listed below
in the ``Final Results of the Review'' section of this notice.
DATES: Effective Date: July 27, 2010.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Richard
Rimlinger, AD/CVD Operations, Office 5, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone
(202) 482-0198 or (202) 482-4477, respectively.
Background
On February 5, 2010, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain polyester staple fiber (PSF) from
Taiwan. See Certain Polyester Staple Fiber From Taiwan: Preliminary
Results of Antidumping Duty Administrative Review, 75 FR 5964 (February
5, 2010) (Preliminary Results). We invited interested parties to
comment on the Preliminary Results. We received comments from the
respondent. The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The product covered by the order is 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 in
the Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 5503.20.00.20 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 subject to the order is
dispositive.
Analysis of Comments Received
All issues raised in the case briefs by parties to this review are
addressed in the ``Issues and Decision Memorandum'' from Edward C.
Yang, Acting Deputy Assistant Secretary, to Ronald K. Lorentzen, Deputy
Assistant Secretary, dated July 19, 2010 (Decision Memorandum), and
hereby adopted by this notice. A list of the issues which parties have
raised and to which we have responded is in the Decision Memorandum and
attached to this notice as an Appendix. The Decision Memorandum, which
is a public document, is on file in the Department's Central Records
Unit of the main Commerce building, Room 1117, and is accessible on the
Web at http://trade.gov/ia. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Ministerial Errors
In the Preliminary Results, we indicated that we had matched
products sold in the United States with identical products sold in the
home market. In fact, in our calculation for the Preliminary Results,
one product sold in the United States did not match to an above-cost,
contemporaneous, physically identical product sold in the home market
in the ordinary course of trade. Instead, from the pool of home-market
sales that passed the cost-of-production test, we had selected for
comparison purposes the product sold in the home market with the most
similar physical characteristics to the product sold in the United
States. For this comparison, we made a differences-in-merchandise
adjustment to normal value.
In the Preliminary Results we stated erroneously that the
preliminary margin we had found for the respondent was 2.11 percent;
the correct margin resulting from our preliminary calculations was 2.43
percent. See ``Certain Polyester Staple Fiber from Taiwan: Far Eastern
Textile Limited Analysis Memorandum for the Preliminary Results of the
Administrative Review of the Antidumping Duty Order (5/1/08-4/30/09)''
dated February 1, 2010.
We received no comments from parties concerning these inadvertent
errors in the Preliminary Results.
Final Results of the Review
We have made no changes to our calculations and, as announced in
the Preliminary Results, we disregarded sales made at prices below the
cost of production in the home market when determining normal value in
this
[[Page 43922]]
administrative review. As a result of our review, we determine that a
weighted-average dumping margin of 2.43 percent exists for Far Eastern
Textile Limited for the period May 1, 2008, through April 30, 2009.
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. Although Far Eastern Textile Limited indicated that it was not
the importer of record for any of its sales to the United States during
the period of review, it reported the names of the importers of record
for all of its U.S. sales. Because Far Eastern Textile Limited also
reported the entered value for all of its U.S. sales, we have
calculated importer-specific assessment rates for the merchandise in
question by aggregating the dumping margins we calculated for all U.S.
sales to each importer and dividing this amount by the total entered
value of those sales.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the period of review produced by Far Eastern Textile
Limited for which it did not know its 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. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
The Department intends to issue assessment instructions directly to
CBP 15 days after publication of these final results of review.
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of PSF from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash-deposit rate for
Far Eastern Textile Limited will be 2.43 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 previous
reviews, the cash-deposit rate will continue to be the company-specific
rate published for the most recent period; (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; (4) the cash-deposit rate for all other manufacturers
or exporters will continue to be 7.31 percent, the all-others rate
established in Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Polyester Staple Fiber From the Republic of
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber From
the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000). These
cash-deposit requirements shall remain in effect until further notice.
Notifications
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.
This notice also serves as a reminder to parties subject to the
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). Timely notification of the
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.
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: July 19, 2010.
Ronald K. Lorentzen.
Deputy Assistant Secretary for Import Administration.
Appendix
1. Exchange Rates.
2. Selection of Normal Value.
[FR Doc. 2010-18391 Filed 7-26-10; 8:45 am]
BILLING CODE 3510-DS-P