[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70906-70907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29262]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Partial Rescission of the Third Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 19, 2010.
FOR FURTHER INFORMATION CONTACT: Steven Hampton or Jerry Huang, Office
9, 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-
0116 and (202) 482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2010, the Department of Commerce (``the Department'')
published in the Federal Register a notice of ``Opportunity to Request
Administrative Review'' of the antidumping duty order on certain
polyester staple fiber (``PSF'') from the People's Republic of China
(``PRC'') for the period of review (``POR'') June 1, 2009, through May
31, 2010. See Antidumping or Countervailing Duty
[[Page 70907]]
Order, Finding, or Suspended Investigation; Opportunity To Request
Administrative Review, 75 FR 30383 (June 1, 2010).
On June 29, 2010, in accordance with 19 CFR 351.213(b), the
Department received timely requests from Ningbo Dafa Chemical Fiber
Co., Ltd. (``Ningbo Dafa'') and Cixi Santai Chemical Fiber Co., Ltd.
(``Cixi Santai'') to conduct an administrative review and requests for
revocation of the associated antidumping duty order, in part, in
accordance with section 771(9)(A) of the Tariff Act of 1930, as amended
(``the Act'') and 19 CFR 351.222(b)(2), based on three consecutive
segments with a finding of de minimis sales at less than normal value.
The Department also received timely requests from Hangzhou Sanxin Paper
Co., Ltd. (``Hangzhou Sanxin''), Nantong Luolai Chemical Fiber Co.,
Ltd. (``Nantong Luolai''), NanYang Textiles Co., Ltd. (``NanYang
Textiles''), Zhaoqing Tifo New Fiber Co., Ltd. (``Zhaoqing Tifo''),
Cixi Sansheng Chemical Fiber Co., Ltd. (``Sansheng''), Zhejiang Waysun
Chemical Fiber Co., Ltd., and Cixi Waysun Chemical Fiber Co., Ltd. for
an annual administrative review. The Department also received a timely
request from Fibertex Corporation (``Fibertex''), an importer of PSF
from the PRC, to conduct an administrative review of Ningbo Dafa, Cixi
Santai, Zhaoqing Tifo, Sansheng, and Far Eastern Industries Ltd.
(Shanghai) and Far Eastern Polychem Industries (collectively ``Far
Eastern'').
On June 30, 2010, in accordance with 19 CFR 351.213(b), the
Department received a timely request from Huvis Sichuan Chemical Fiber
Corporation (``Huvis Sichuan'') to conduct an administrative review.
Huvis Sichuan is a producer and exporter of the merchandise covered by
the antidumping duty order on PSF from the PRC. The Department also
received a timely request from DAK Americas and Nan Ya America Corp.
(collectively ``Petitioners'') to conduct an administrative review of
Ningbo Dafa and Cixi Santai.
On July 28, 2010, the Department published in the Federal Register
a notice of initiation of an administrative review of the antidumping
duty order on PSF from the PRC covering eleven respondents: Far
Eastern; Sansheng; Cixi Santai; Cixi Waysun Chemical Fiber Co., Ltd.;
Hangzhou Sanxin; Nantong Luolai; NanYang Textiles; Ningbo Dafa Chemical
Fiber Co., Ltd.; Zhaoqing Tifo; Zhejiang Waysun Chemical Fiber Co.,
Ltd.; and Huvis Sichuan Chemical Fiber Corporation. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Requests
for Revocations in Part, 75 FR 44224 (July 28, 2010).
On August 17, 2010, Nantong Luolai, NanYang Textiles, and Sansheng
timely withdrew their requests for review. On September 9, 2010,
Fibertex timely withdrew its request for a review with respect to Far
Eastern Industries, Ltd. (Shanghai) and Far Eastern Polychem
Industries. On September 20, 2010, Cixi Waysun Chemical Fiber Co., Ltd.
timely withdrew its request for review. On October 15, 2010, Fibertex
timely withdrew its request for a review with respect to Sansheng.
Thus, the Department is rescinding this administrative review with
respect to these five companies.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review in whole or in part, if the party that requested
the review withdraws its request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation further states that the Secretary may extend the deadline if
it is reasonable to do so. Because the following five parties withdrew
their respective requests for an administrative review within 90 days
of the date of publication of the notice of initiation, and there are
currently no outstanding requests for an administrative review, the
Department is rescinding this review with respect to these entities, in
accordance with 19 CFR 351.213(d)(1):
Cixi Sansheng Chemical Fiber Co., Ltd. (``Sansheng'').
Cixi Waysun Chemical Fiber Co., Ltd.
Far Eastern Industries, Ltd. (Shanghai) and Far Eastern
Polychem Industries (``Far Eastern'').
Nantong Luolai Chemical Fiber Co., Ltd. (``Nantong
Luolai'').
NanYang Textiles Co., Ltd. (``NanYang Textiles'').
Assessment Instructions
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries. For
the companies listed above which had a separate rate granted in a
previously completed segment of this proceeding that was in effect
during the instant review period, antidumping duties shall be assessed
on entries subject to the separate rate at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions for such companies directly to CBP 15 days
after the publication of this notice in the Federal Register. For any
of the companies listed above that do not currently have a separate
rate (and thus remain a part of the PRC-wide entity), the Department
will issue assessment instructions upon the completion of this
administrative review.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
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 assumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double 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 an 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 violation which is subject to sanction.
This notice is issued and published in accordance with section
777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: November 12, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-29262 Filed 11-18-10; 8:45 am]
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