[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2886-2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-923]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Final Results and Partial Rescission of Second Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 14, 2010, the Department of Commerce (``Department'')
published in the Federal Register the preliminary results of the second
administrative review of the antidumping duty order on certain
polyester staple fiber (``PSF'') from the People's Republic of China
(``PRC''). See Certain Polyester Staple Fiber From the People's
Republic of China: Notice of Preliminary Results and Preliminary
Rescission, in Part, of the Antidumping Duty Administrative Review, 75
FR 40777 (July 14, 2010) (``Preliminary Results''). We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments and information received, we made
changes to the margin calculations for the final results. We continue
to find that sales have not been made below normal value (``NV'') with
respect to the mandatory respondents who participated fully and are
entitled to a separate rate in this administrative review.
DATES: Effective Date: January 18, 2011.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Steven Hampton, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4047 and (202) 482-0116 respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2010, the Department published the Preliminary Results
of the second administrative review of the antidumping duty order on
certain PSF from the PRC. On July 26, 2010, Ningbo Dafa Chemical Fiber
Co., Ltd. (``Ningbo Dafa'') and Cixi Santai Chemical Fiber Co., Ltd.
(``Cixi Santai''), the mandatory respondents in this review, submitted
additional information regarding domestic brokerage and handling. On
August 3, 2010, Ningbo Dafa and Cixi Santai submitted additional
surrogate value (``SV'') information.
As part of the Preliminary Results, we instructed interested
parties to submit case briefs on August 13, 2010, 30 days after the
publication of the Preliminary Results. On August 3, 2010, we placed
additional export data and wage rate data on the record of this
administrative review and invited interested parties to comment in
their case briefs with the deadline extended to September 1, 2010. On
September 1, 2010, Cixi Sansheng Chemical Fiber Co., Ltd., Hangzhou
Best Chemical Fibre Co., Ltd. (``Hangzhou Best''), Hangzhou Huachuang
Co., Ltd., Hangzhou Sanxin Paper Co., Ltd., Nantong Luolai Chemical
Fiber Co., Ltd., NanYang Textiles Co., Ltd., Zhejiang Waysun Chemical
Fiber Co., Ltd., Cixi Waysun Chemical Fiber Co., Ltd., and Zhaoqing
Tifo New Fiber Co., Ltd. (collectively, the ``Certain Separate Rate
Companies'') filed a case brief regarding what antidumping duty rate
should be assigned to them. Also on September 1, 2010, Ningbo Dafa,
Cixi Santai, the Certain Separate Rate Companies, Consolidated
Textiles, Inc., Fibertex Corporation, and Stein Fibers Limited filed
separate case briefs addressing the other case issues.
On October 26, 2010, the Department issued a memorandum regarding
the Department's proposed industry-specific wage rate methodology for
the final results and invited interested parties to comment. On
November 5, 2010, Ningbo Dafa and Cixi Santai filed comments on the
Department's wage rate methodology. On November 10, 2010, DAK Americas
LLC (``Petitioner'') filed rebuttal comments.
The Department did not hold a public hearing pursuant to 19 CFR
351.310(d), as any hearing request made by interested parties was
withdrawn.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the ``Certain Polyester Staple Fiber
from the People's Republic of China: Issues and Decision Memorandum for
the Final Results of 2008/2009 Administrative Review,'' which is dated
concurrently with and adopted by this notice (``Decision Memo''). A
list of the issues which parties raised and to which we respond in the
Decision Memo is attached to this notice as an Appendix. The Decision
Memo is a public document and is on file in the Central Records Unit,
main Commerce building, Room 7046, and is accessible on the
Department's Web site at http://www.trade.gov/ia. The paper copy and
electronic version of the memorandum are identical in content.
Period of Review
The period of review (``POR'') is June 1, 2008, through May 31,
2009.
Scope of the Order
The merchandise covered by the order is 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 subject merchandise 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,
[[Page 2887]]
comforters, cushions, pillows, and furniture.
The following products are excluded from the scope: (1) PSF of less
than 3.3 decitex (less than 3 denier) currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheading 5503.20.0025 and known to the industry as PSF for spinning
and generally used in woven and knit applications to produce textile
and apparel products; (2) PSF of 10 to 18 denier that are cut to
lengths of 6 to 8 inches and that are generally used in the manufacture
of carpeting; and (3) low-melt PSF defined as a bi-component fiber with
an outer, non-polyester sheath that melts at a significantly lower
temperature than its inner polyester core (classified at HTSUS
5503.20.0015).
Certain PSF is classifiable under the HTSUS subheadings
5503.20.0045 and 5503.20.0065. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise under the order is dispositive.
Changes Since the Preliminary Results
Based on a review of the record as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
certain SVs and the margin calculations for Ningbo Dafa and Cixi Santai
in the final results. Specifically, we have updated the calculation for
labor and brokerage and handling SVs. See Decision Memo and the company
specific analysis memoranda.
Wage Rate Methodology
Pursuant to a recent decision by the United States Court of Appeals
for the Federal Circuit, we have calculated a revised hourly wage rate
to use in valuing Ningbo Dafa and Cixi Santai's reported labor.\1\ The
revised wage rate is calculated by averaging earnings and/or wages in
countries that are economically comparable to the PRC and that are
significant producers of comparable merchandise, pursuant to section
773 of the Act. See Decision Memo at Comment 1.
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\1\ Dorbest Ltd. v. United States, 604 F.3d 1363, 1372 (Fed.
Cir. 2010).
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Separate Rates
In our Preliminary Results, we determined that the following
companies met the criteria for separate rate status in addition to the
mandatory respondents Ningbo Dafa and Cixi Santai: Far Eastern
Industries (Shanghai), Ltd. (aka Far Eastern Polychem Industries); Cixi
Sansheng Chemical Fiber Co., Ltd.; Cixi Waysun Chemical Fiber Co. Ltd.;
Hangzhou Hanbang Chemical Fibre Co., Ltd.; Hangzhou Huachuang Co.,
Ltd.; Hangzhou Sanxin Paper Co., Ltd.; Hangzhou Taifu Textile Fiber
Co., Ltd.; Jiaxing Fuda Chemical Fibre Factory; Nantong Loulai Chemical
Fiber Co., Ltd.; Nanyang Textile Co., Ltd.; Zhaoqing Tifo New Fiber
Co., Ltd.; Zhejiang Anshun Pettechs Fibre Co., Ltd.; and Zhejiang
Waysun Chemical Fiber Co., Ltd. We have not received any information
since the issuance of the Preliminary Results that provides a basis for
the reconsideration of these preliminary determinations. Therefore, the
Department continues to find the above-named companies meet the
criteria for a separate rate.
PRC-Wide Entity
In the Preliminary Results, the Department determined that those
companies which did not demonstrate eligibility for a separate rate are
properly considered part of the PRC-wide entity. Since the Preliminary
Results, none companies submitted comments regarding these findings.
Therefore, we continue to treat such entities as part of the PRC-wide
entity.
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to Hangzhou Best and Xiamen Xianglu Chemical
Fiber Co. (``Xiamen Xianglu'') because the Department preliminarily
determined that they had no shipments of subject merchandise to the
United States during the POR. We have not received any information
since the issuance of the Preliminary Results that provides a basis for
reconsidering rescinding the review with respect to these two
companies. Thus, in accordance with 19 CFR 351.213(d)(3), and
consistent with our practice, we are rescinding this review with
respect to Hangzhou Best and Xiamen Xianglu.
Final Results of Review
The dumping margins for the POR are as follows:
Certain Polyester Staple Fiber From the People's Republic of China
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Weighted average
Manufacturer/Exporter margin (percent)
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Ningbo Dafa Chemical Fiber Co., Ltd............... * 0.00
Cixi Santai Chemical Fiber Co., Ltd............... * 0.29
Far Eastern Industries (Shanghai) Ltd. (aka Far 4.44
Eastern Polychem Industries).....................
Cixi Sansheng Chemical Fiber Co., Ltd............. 4.44
Cixi Waysun Chemical Fiber Co. Ltd................ 4.44
Hangzhou Hanbang Chemical Fibre Co., Ltd.......... 4.44
Hangzhou Huachuang Co., Ltd....................... 4.44
Hangzhou Sanxin Paper Co., Ltd.................... 4.44
Hangzhou Taifu Textile Fiber Co., Ltd............. 4.44
Jiaxing Fuda Chemical Fibre Factory............... 4.44
Nantong Loulai Chemical Fiber Co., Ltd............ 4.44
Nanyang Textile Co., Ltd.......................... 4.44
Zhaoqing Tifo New Fiber Co., Ltd.................. 4.44
Zhejiang Anshun Pettechs Fibre Co., Ltd........... 4.44
Zhejiang Waysun Chemical Fiber Co., Ltd........... 4.44
PRC-Wide Rate..................................... 44.30
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* (de minimis).
[[Page 2888]]
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
any importer-specific assessment rate calculated in the final results
of this review is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit
rate for each of the reviewed companies that received a separate rate
in this review will be the rate listed in the final results of review
(except that if the rate for a particular company is de minimis, i.e.,
less than 0.5 percent, no cash deposit will be required for that
company); (2) for previously investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recent period of review; (3) if the exporter is
not a firm covered in this review, a prior review, or the original less
than fair value 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) the cash deposit rate
for all other manufacturers or exporters will be the PRC-wide rate of
44.30 percent. These deposit requirements, when imposed, shall remain
in effect until further notice.
Reimbursement of Duties
This notice also 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
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 with 19 CFR 351.305, 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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 10, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
Appendix
General Comments
Comment 1: Surrogate Value for Labor
Comment 2: Surrogate Value for Brokerage & Handling
Comment 3: Brokerage & Handling in Market Economy Purchase Price
Comment 4: Zeroing
Certain Separate Rate Companies Comments
Comment 5: Separate Rate Assignment
[FR Doc. 2011-923 Filed 1-14-11; 8:45 am]
BILLING CODE 3510-DS-P