Certain Polyester Staple Fiber from the Republic of Korea and Taiwan: Continuation of Antidumping Duty Orders, 16558-16559 [E6-4782]

Download as PDF 16558 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Notices wwhite on PROD1PC61 with NOTICES normally utilize ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A– 795, and API 5L specifications. D. Line and riser pipe for deepwater application, i.e., line and riser pipe that is (1) used in a deepwater application, which means for use in water depths of 1,500 feet or more; (2) intended for use in and is actually used for a specific deepwater project; (3) rated for a specified minimum yield strength of not less than 60,000 psi; and (4) not identified or certified through the use of a monogram, stencil, or otherwise marked with an API specification (e.g., ‘‘API 5L’’). With regard to the excluded products listed above, the Department will not instruct U.S. Customs and Border Protection to require end–use certification until such time as petitioner or other interested parties provide to the Department a reasonable basis to believe or suspect that the products are being utilized in a covered application. If such information is provided, the Department will require end–use certification only for the product(s) (or specification(s)) for which evidence is provided that such products are being used in a covered application as described above. For example, if, based on evidence provided by petitioner, the Department finds a reasonable basis to believe or suspect that seamless pipe produced to the A– 335 specification is being used in an A– 106 application, it will require end–use certifications for imports of that specification. Normally, the Department will require only the importer of record to certify to the end–use of the imported merchandise. If it later proves necessary for adequate implementation, the Department may also require producers who export such products to the United States to provide such certification on invoices accompanying shipments to the United States. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive. Intent to Rescind Fifth Administrative Review TAMSA submitted a letter on October 27, 2005, certifying that neither TAMSA nor its U.S. affiliate, Tenaris, directly or indirectly, exported or sold for consumption in the United States any subject merchandise during the POR. The petitioner did not comment on TAMSA’s no–shipment claim. We conducted an internal customs data query on November 8, 2005. See VerDate Aug<31>2005 17:30 Mar 31, 2006 Jkt 208001 November 9, 2005, Memorandum to The File through James Terpstra, Program Manager, entitled ‘‘Internal Customs Data Query,’’ A–201–827. The data query indicated TAMSA and its U.S. affiliate, Tenaris, had customs entries/ shipments during the POR, some of which entered under the HTSUS number for subject merchandise. However, we confirmed that AD/CVD duties were not assessed on the shipments because the entries/ shipments were excluded from the order (e.g., SLP used for deepwater application), and we were able to confirm that TAMSA had no entries, exports, or sales to the United States of subject merchandise during the POR. Based on our analysis of the shipment data, TAMSA is a non–shipper for this review. Therefore, in accordance with section 351.213(d)(3) of the Department’s regulations, and consistent with our practice, we preliminarily determine to rescind this review. See e.g., Stainless Steel Bar from India; Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review, and Partial Rescission of Administrative Review, 65 FR 12209 (March 8, 2000); Persulfates From the People’s Republic of China; Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review, 65 FR 18963 (April 10, 2000). Public Comment An interested party may request a hearing within 30 days of publication of this preliminary notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 44 days after the date of publication, or the first working day thereafter. Interested parties may submit case briefs no later than 30 days after the date of publication of this preliminary notice. See 19 CFR 351.309(c)(ii). Rebuttal briefs, limited to issues raised in such briefs, may be filed no later than five days after the time limit for filing the case brief 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Further, parties submitting written comments should provide the Department with an additional copy of the public version of any such comments on diskette. The Department will issue the final notice, which will include the results of its analysis of issues raised in any such comments, or at a hearing, if requested, within 120 days of publication of this preliminary notice. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d). Dated: March 24, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–4741 Filed 3–31–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–580–839, A–583–833) Certain Polyester Staple Fiber from the Republic of Korea and Taiwan: Continuation of Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce and the International Trade Commission that revocation of the antidumping duty orders certain polyester staple fiber from the Republic of Korea and Taiwan would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of continuation of these antidumping duty orders. EFFECTIVE DATE: April 3, 2006. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Andrew McAllister, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone (202) 482–3813 or (202) 482– 1174, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2005, the Department of Commerce (‘‘the Department’’) initiated and on March 31, 2005, the International Trade Commission (‘‘the ITC’’) instituted sunset reviews of the antidumping duty orders on certain polyester staple fiber (‘‘PSF’’) from the Republic of Korea (‘‘Korea’’) and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 As a result of its review, the Department found that revocation of the 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 16800 (Apr. 1, 2005); and Polyester Staple Fiber From Korea and Taiwan, Investigations Nos. 731-TA-825 and 826 (Review), 70 FR 16522 (Mar. 31, 2005). E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Notices antidumping duty orders would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked.2 On March 7, 2006, the ITC determined pursuant to section 751(c) of the Act, that revocation of the antidumping duty orders on PSF from Korea and Taiwan would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 Scope of the Orders For the purposes of these orders, the product covered 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 these orders 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 these orders. Also specifically excluded from these orders 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 these orders. 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 these orders 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 orders is dispositive. wwhite on PROD1PC61 with NOTICES Determination As a result of the determinations by the Department and the ITC that revocation of these antidumping duty orders would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United 2 See Certain Polyester Staple Fiber from the Republic of Korea and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 70 FR 45368 (Aug. 5, 2005). 3 See Certain Polyester Staple Fiber from Korea and Taiwan, Investigation Nos. 731-TA-825 and 826 (Review), 71 FR 14721 (Mar. 23, 2006). VerDate Aug<31>2005 17:30 Mar 31, 2006 Jkt 208001 States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on PSF from Korea and Taiwan. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this Notice of Continuation. Pursuant to section 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to initiate the next five–year reviews of these orders not later than February 2011. These five–year (sunset) reviews and this notice are in accordance with section 751(c) of the Act, and published pursuant to section 777(i) of the Act. Dated: March 27, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–4782 Filed 3–31–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–351–826] Small Diameter Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from Brazil: Notice of Extension of Time Limit for Preliminary Results in Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 3, 2006. FOR FURTHER INFORMATION CONTACT: Helen Kramer or David Kurt Kraus, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0405 or (202) 482– 7871, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping order on seamless line and pressure pipe from Brazil for the period of review (‘‘POR’’) August 1, 2004, through July 31, 2005. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 16559 Review, 70 FR 44085 (August 1, 2005). On August 31, 2005, United States Steel Corporation (‘‘US Steel’’), the petitioner, requested that we conduct an administrative review of V&M do Brazil S.A. (‘‘VMB’’) sales to the United States during the POR. On September 28, 2005, the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review covering the POR August 1, 2004, through July 31, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 56631 (September 28, 2005). The preliminary results for this review are currently due no later than May 3, 2006. Extension of Time Limits for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.213(h)(2), the Department may extend the deadline for completion of the preliminary results of a review if it determines that it is not practicable to complete the preliminary results within 245 days after the last day of the anniversary month of the date of publication of the order for which the administrative review was requested. The Department has determined it is not practicable to complete this review within the originally anticipated time limit, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), because the Department requires additional time to issue a second supplemental questionnaire and resolve cost issues, and because of its workload. Therefore, the Department is extending the time limit for the preliminary results by 30 days, to not later than June 2, 2006. The deadline for the final results of this review will continue to be 120 days after the publication of the preliminary results. This extension is published in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: March 23, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–4745 Filed 3–31–06; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Notices]
[Pages 16558-16559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4782]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-580-839, A-583-833)


Certain Polyester Staple Fiber from the Republic of Korea and 
Taiwan: Continuation of Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce and the International Trade Commission that revocation of the 
antidumping duty orders certain polyester staple fiber from the 
Republic of Korea and Taiwan would likely lead to continuation or 
recurrence of dumping, and material injury to an industry in the United 
States, the Department is publishing notice of continuation of these 
antidumping duty orders.

EFFECTIVE DATE: April 3, 2006.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Andrew McAllister, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-3813 
or (202) 482-1174, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2005, the Department of Commerce (``the Department'') 
initiated and on March 31, 2005, the International Trade Commission 
(``the ITC'') instituted sunset reviews of the antidumping duty orders 
on certain polyester staple fiber (``PSF'') from the Republic of Korea 
(``Korea'') and Taiwan pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act'').\1\
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 
16800 (Apr. 1, 2005); and Polyester Staple Fiber From Korea and 
Taiwan, Investigations Nos. 731-TA-825 and 826 (Review), 70 FR 16522 
(Mar. 31, 2005).
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    As a result of its review, the Department found that revocation of 
the

[[Page 16559]]

antidumping duty orders would likely lead to continuation or recurrence 
of dumping, and notified the ITC of the magnitude of the margins likely 
to prevail were the orders to be revoked.\2\ On March 7, 2006, the ITC 
determined pursuant to section 751(c) of the Act, that revocation of 
the antidumping duty orders on PSF from Korea and Taiwan would likely 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\3\
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    \2\ See Certain Polyester Staple Fiber from the Republic of 
Korea and Taiwan: Final Results of the Expedited Sunset Reviews of 
the Antidumping Duty Orders, 70 FR 45368 (Aug. 5, 2005).
    \3\ See Certain Polyester Staple Fiber from Korea and Taiwan, 
Investigation Nos. 731-TA-825 and 826 (Review), 71 FR 14721 (Mar. 
23, 2006).
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Scope of the Orders

    For the purposes of these orders, the product covered 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 these orders 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 these orders. Also specifically excluded from these orders 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 these orders. 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 these orders 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 orders 
is dispositive.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of these antidumping duty orders would likely lead to 
continuation or recurrence of dumping, and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on PSF from Korea and Taiwan.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of continuation of these orders will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) and 751(c)(6)(A) of the Act, the 
Department intends to initiate the next five-year reviews of these 
orders not later than February 2011.
    These five-year (sunset) reviews and this notice are in accordance 
with section 751(c) of the Act, and published pursuant to section 
777(i) of the Act.

    Dated: March 27, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-4782 Filed 3-31-06; 8:45 am]
BILLING CODE 3510-DS-S