[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Page 47795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19610]
[[Page 47795]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Certain Polyester Staple Fiber from Korea: Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 9, 2010.
FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Patricia Tran, AD/CVD
Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-0588 and (202) 482-1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2010, the U.S. Department of Commerce (``Department'')
issued a notice of opportunity to request an administrative review of
this order for the period of review May 1, 2009, through April 30,
2010. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
75 FR 23236-37 (May 3, 2010). On May 27, 2010, in accordance with 19
CFR 351.213(b), the Department received a timely request from DAK
Americas LLC, and Invista, S.a.r.L (collectively, ``Petitioners'') to
conduct an administrative review of Huvis Corporation (``Huvis''), and
Woongjin Chemical Co., Ltd. (``Woongjin''). On May 28, 2010, the
Department also received an administrative review request from Huvis.
On June 30, 2010, the Department published the notice of initiation
of this antidumping duty administrative review, covering Huvis and
Woongjin. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 75 FR 37759
(June 30, 2010).
Scope of the Order
Polyester staple fiber (``PSF'') covered by the scope of the order
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 5503.20.00.25 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. The HTSUS
subheadings are provided for convenience and customs purposes only; the
written description of the merchandise covered by the scope of the
order is dispositive.
Rescission of Antidumping Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the party who requested
the administrative review withdraws the request within 90 days of the
date of publication of the notice of initiation of the requested
administrative review. On June 30, 2010, Petitioners withdrew their
request for an administrative review of Huvis. On July 1, 2010, Huvis
also withdrew its request for an administrative review.
On July 19, 2010, Petitioners withdrew their request for an
administrative review of Woongjin. Because Petitioners withdrew its
request for an administrative review of Huvis and Woongjin within the
90-day period, and Huvis withdrew their request within this time period
as well, the Department is rescinding this administrative review in
full in accordance with 19 CFR 351.213(d)(1).
Assessment Instructions
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties at the cash deposit rate in
effect on the date of entry, for entries during the period May 1, 2009
through April 30, 2010. The Department intends to issue appropriate
assessment instructions to CBP 15 days after publication of this notice
of rescission of administrative review.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 subsequent assessment
of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
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 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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: July 29, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-19610 Filed 8-6-10; 8:45 am]
BILLING CODE 3510-DS-S