[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64252-64254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26267]
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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 2008-2009 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2010, the Department of Commerce published the
preliminary results of the ninth administrative review of the
antidumping duty order on certain polyester staple fiber from the
Republic of Korea and invited interested parties to comment. The review
covers 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.
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Patricia Tran, 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) 482-1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2010, the Department of Commerce (``the Department'')
published Certain Polyester Staple Fiber from the Republic of Korea:
Preliminary Results of the 2008-2009 Antidumping Duty Administrative
Review, 75 FR 33783 (June 15, 2010) (``Preliminary Results'') in the
Federal Register. On July 15, 2010, we received a case brief from Huvis
Corporation (``Huvis'') concerning the Preliminary Results. On July 20,
2010, the Department released a post-preliminary calculation memo with
our analysis of cost and price data submitted by Huvis on April 16,
2010, April 27, 2010 and May 28, 2010. See 2008-2009 Administrative
Review of the Antidumping Duty Order on Certain Polyester Staple Fiber
from the Republic of Korea: Post-Preliminary Analysis Calculation
Memorandum for Huvis Corporation (dated July 6, 2010) (``Post-Prelim
Memo'').
Based on that analysis, the Department determined that application
of the Department's quarterly costing methodology was not warranted
and, as a result, recommended no change to the findings in the
Preliminary Results. Therefore, we invited interested parties to
comment on the Preliminary Results and the Post-Prelim Memo.
On July 26, 2010, we received case briefs from DAK Americas, LLC
and Invista, S.a.r.L., (collectively, ``Petitioners'') and Huvis
concerning the Post-Prelim Memo. On August 2, 2010, the Department
received a rebuttal brief from Huvis. A public hearing was not
requested.
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
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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, 2008, through April 30,
2009.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Department's October 7, 2010, Issues
and Decision Memorandum for the 2008/09 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. This report is on file in the Department's Central Records
Unit in room 7046 of the main Department building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Web at http://ia.ita doc.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, and the cost of production, 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, 2008, through April 30, 2009:
------------------------------------------------------------------------
Weighted-average margin
Manufacturer percentage
------------------------------------------------------------------------
Huvis Corporation........................ 0.94
------------------------------------------------------------------------
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 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, we calculated
importer-specific ad valorem rates 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 Huvis for which Huvis 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. 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 order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance
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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: October 7, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Decision Memorandum
Comment 1: Offsetting Negative Margins
Comment 2: Quarterly Cost Methodology
[FR Doc. 2010-26267 Filed 10-18-10; 8:45 am]
BILLING CODE 3510-DS-P