Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 60476-60478 [E6-16946]
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60476
Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices
EFFECTIVE DATE:
October 13, 2006.
FOR FURTHER INFORMATION CONTACT:
David Goldberger, Katherine Johnson, or
Brandon Farlander, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–4136, (202) 482–4929, and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2006, the Department
initiated and the ITC instituted a sunset
review of the antidumping duty order
on ferrovanadium and nitrided
vanadium from Russia, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act). See Initiation of
Five-Year (‘‘Sunset’’) Reviews, 71 FR
25568 (May 1, 2006).
The Department conducted an
expedited sunset review of this order.
As a result of its review, the Department
found that revocation of the
antidumping duty order would be likely
to lead to continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margins likely to
prevail were the order to be revoked.
See Final Results of Expedited Sunset
Review: Ferrovanadium and Nitrided
Vanadium from Russia, 71 FR 44998
(August 8, 2006). On October 4, 2006,
the ITC determined, pursuant to section
751(c) of the Act, that revocation of the
antidumping duty order on
ferrovanadium and nitrided vanadium
from Russia would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Ferrovanadium and Nitrided
Vanadium From Russia, 71 FR 58630
(October 4, 2006).
ycherry on PROD1PC64 with NOTICES2
Scope of the Order
The products covered by the order are
ferrovanadium and nitrided vanadium,
regardless of grade, chemistry, form or
size, unless expressly excluded from the
scope of this order. Ferrovanadium
includes alloys containing
ferrovanadium as the predominant
element by weight (i.e., more weight
than any other element, except iron in
some instances) and at least 4 percent
by weight of iron. Nitrided vanadium
includes compounds containing
vanadium as the predominant element,
by weight, and at least 5 percent, by
weight, of nitrogen.
Excluded from the scope of the order
are vanadium additives other than
ferrovanadium and nitrided vanadium,
such as vanadium-aluminum master
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15:21 Oct 12, 2006
Jkt 211001
alloys, vanadium chemicals, vanadium
waste and scrap, vanadium-bearing raw
materials, such as slag, boiler residues,
fly ash, and vanadium oxides.
The products subject to this order are
currently classifiable under subheadings
2850.00.20, 7202.92.00, 7202.99.8040,
8112.40.3000, and 8112.40.6000 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope is
dispositive.
Determination
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
order would be likely to 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 order on
ferrovanadium and nitrided vanadium
from Russia.
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
this order will be the date of publication
in the Federal Register of this Notice of
Continuation. Pursuant to sections
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of this order not later than
September 2011.
This five-year (sunset) review and this
notice are in accordance with sections
751(c) and 777(i)(1) of the Act.
Dated: October 5, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–16943 Filed 10–12–06; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–583–833
Certain Polyester Staple Fiber From
Taiwan: Final Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2006, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on certain polyester staple fiber from
AGENCY:
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Fmt 4703
Sfmt 4703
Taiwan. We gave interested parties an
opportunity to comment on the
preliminary results. Based on our
analysis of the comments received and
an examination of our calculations, we
have made certain changes for the final
results. The final weighted–average
dumping margin for Far Eastern Textile
Limited is listed below in the ‘‘Final
Results of the Review’’ section of this
notice.
EFFECTIVE DATE: October 13, 2006.
FOR FURTHER INFORMATION CONTACT:
Devta Ohri or Andrew McAllister,
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) 482–3853 or (202) 482–
1174, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2006, the Department of
Commerce (‘‘the Department’’)
published Certain Polyester Staple Fiber
from Taiwan: Preliminary Results of
Antidumping Duty Administrative
Review, 71 FR 32514 (June 6, 2006)
(‘‘Preliminary Results’’) in the Federal
Register.
We invited parties to comment on the
preliminary results of the review. On
July 13, 2006, Wellman, Inc. and Invista,
S.a.r.l. (collectively, ‘‘the petitioners’’),
and Far Eastern Textile Limited (‘‘FET’’
or ‘‘respondent’’), filed case briefs. On
July 24, 2006, the petitioners and FET
filed rebuttal briefs.
Scope of the Order
For the purposes of this 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 this 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 5503.20.00.251 is
1 The most current edition of the Harmonized
Tariff Schedule of the United States (2006) Supplement 1 (Rev 1) (August 1, 2006) incorporates
the revision of HTSUS number 5503.20.00.20 to
5503.20.00.25.
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices
specifically excluded from this order.
Also specifically excluded from this
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 this 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 this 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 order is dispositive.
Period of Review
The period of review (‘‘POR’’) is May
1, 2004, through April 30, 2005.
ycherry on PROD1PC64 with NOTICES2
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the October 4, 2006
‘‘Issues and Decision Memorandum for
the Fifth Antidumping Duty
Administrative Review of Certain
Polyester Staple Fiber from Taiwan’’
(‘‘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, which is on file in
the Department’s Central Records Unit,
Room B–099 of the main Department
building (‘‘CRU’’). In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Web at www.ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Fair Value Comparisons
To determine whether FET’s sales of
PSF 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 (‘‘CV’’), and the cost of production
(‘‘COP’’), based on the same
methodologies used in the Preliminary
Results, with the following exceptions:
• We revised the major input
adjustment calculations between
the market price and the transfer
price of affiliate purchases based on
FET’s January 20, 2006
supplemental questionnaire
response for terephthalic acid and
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15:21 Oct 12, 2006
Jkt 211001
mono ethylene glycol (‘‘MEG’’). As
a result of these revisions, under
section 773(f)(3) of the Tariff Act of
1930, as amended (‘‘the Act’’), the
Department finds that no
adjustment is necessary for MEG
because the transfer price is higher
than the market price and the
affiliated supplier’s COP. See
Memorandum from Team, through
Brandon Farlander, to the File,
‘‘Final Results Calculation
Memorandum for Far Eastern
Textile Limited,’’ dated October 4,
2006 (‘‘FET Final Calculation
Memorandum’’). See also Decision
Memorandum at Comment 3.
• We corrected a ministerial error by
including FET’s fixed overhead
costs in the total cost of
manufacture. See FET Final
Calculation Memorandum. See also
Decision Memorandum at Comment
4.
Results of the COP Test
We found that, for certain products,
more than 20 percent of the
respondent’s home market sales were at
prices less than the COP and, thus, the
below–cost sales were made within an
extended period of time in substantial
quantities. In addition, these sales were
made at prices that did not permit the
recovery of costs within a reasonable
period of time. Therefore, we excluded
these sales and used the remaining sales
of the same product, as the basis for
determining NV, in accordance with
section 773(b)(1).
60477
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, in accordance
with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer–
specific ad valorem ratios based on the
estimated entered value.
Pursuant to 19 CFR 351.106(c)(2), we
will instruct 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 will issue appraisement
instructions directly to CBP within 15
days of publication of these 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 period
of review produced by the respondent
for which it 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. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements
are effective for all shipments of PSF
We find that the following dumping
from Taiwan entered, or withdrawn
margin exists for the period May 1,
from warehouse, for consumption on or
2004, through April 30, 2005:
after the publication date of these final
Weighted– results, as provided by section 751(a)(1)
of the Act: (1) The cash deposit rate for
average
Exporter/manufacturer
margin
the reviewed company will be the rate
percentage listed above (except no cash deposit will
be required if its weighted–average
Far Eastern Textile Limited ........
4.05
margin is de minimis, i.e., less than 0.5
percent); (2) for merchandise exported
Assessment Rates
by manufacturers or exporters not
The Department shall determine, and
covered in this review but covered in
U.S. Customs and Border Protection
the original less–than-fair–value
(‘‘CBP’’) shall assess, antidumping
investigation, the cash deposit rate will
duties on all appropriate entries.
continue to be the most recent rate
FET has indicated that it was not the
published in the final determination for
importer of record for any of its sales to
which the manufacturer or exporter
the United States during the POR. FET
received an individual rate; (3) if the
reported the name of its U.S. customer
exporter is not a firm covered in this
as the importer of record for all U.S.
review or the original investigation, but
sales. As such, FET did not report the
the manufacturer is, the cash deposit
entered value for any of its U.S. sales.
rate will be the rate established for the
Accordingly, we have calculated
most recent period for the manufacturer
importer–specific assessment rates for
of the merchandise; and (4) if neither
the merchandise in question by
the exporter nor the manufacturer is a
aggregating the dumping margins
firm covered in this review, the cash
Final Results of the Review
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E:\FR\FM\13OCN1.SGM
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60478
Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices
deposit rate will be 7.31 percent, the
‘‘all others’’ rate established in Notice of
Amended Final Determination of Sales
at Less Than Fair Value: Certain
Polyester Staple Fiber From the
Republic of Korea and Antidumping
Duty Orders: Certain Polyester Staple
Fiber From the Republic of Korea and
Taiwan, 65 FR 33807 (May 25, 2000).
These cash deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
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 orders (‘‘APOs’’) 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 these
results and this notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: October 4, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
ycherry on PROD1PC64 with NOTICES2
APPENDIX I
List of Comments in the Decision
Memorandum
Comment 1: Coding of Regular/
Specialty Fiber Products
Comment 2: FET’s ‘‘Rebates’’
Comment 3: Major Input Adjustment
Comment 4: Fixed Overhead Costs
Comment 5: Using the Revised Total
Cost of Manufacture for G&A Expenses
and Financial Expenses
Comment 6: Allocation of FET’s G&A
Expenses
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17:06 Oct 12, 2006
Jkt 211001
Comment 7: Idled Equipment Expenses
in the G&A Expenses Ratio
Comment 8: Investment Expenses in the
Financial Expenses Ratio
Comment 9: Reconciliation of Total
Consolidated Interest Expenses
Proposals and these Comments are
published in the Report on Comments;
having a Technical Report Session at the
NFPA Annual Meeting; and finally, the
Standards Council Consideration and
Issuance of documents.
[FR Doc. E6–16946 Filed 10–12–06; 8:45 am]
Note: Under new rules effective Fall 2005,
anyone wishing to make Amending Motions
on the Technical Committee Reports (ROP
and ROC) must signal their intention by
submitting a Notice of Intent to Make a
Motion by the Deadline of October 19, 2007.
Certified motions will be posted by
November 16, 2007. Documents that receive
notice of proper Amending Motions
(Certified Amending Motions) will be
presented for action at the annual June 2008
Association Technical Meeting. Documents
that receive no motions will be forwarded
directly to the Standards Council for action
on issuance.
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Fire Protection Association
(NFPA): Request for Comments on
NFPA’s Codes and Standards
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The purpose of this notice is
to request comments on the technical
reports that will be published in the
NFPA’s 2007 Fall Revision Cycle. The
publication of this notice by the
National Institute of Standards and
Technology (NIST) on behalf of NFPA is
being undertaken as a public service;
NIST does not necessarily endorse,
approve, or recommend any of the
standards referenced in the notice.
Since 1896, the National Fire
Protection Association (NFPA) has
accomplished its mission by advocating
scientifically based consensus codes
and standards, research, and education
for safety related issues. NFPA’s
National Fire Codes, which holds over
270 documents, are administered by
more than 225 Technical Committees
comprised of approximately 7,000
volunteers and are adopted and used
throughout the world. NFPA is a
nonprofit membership organization
with approximately 80,000 members
from over 70 nations, all working
together to fulfill the Association’s
mission.
The NFPA process provides ample
opportunity for public participation in
the development of its codes and
standards. All NFPA codes and
standards are revised and updated every
three to five years in Revision Cycles
that begin twice each year and that takes
approximately two years to complete.
Each Revision Cycle proceeds according
to a published schedule that includes
final dates for all major events in the
process. The process contains five basic
steps that are followed both for
developing new documents as well as
revising existing documents. These
steps are: Calling for Proposals;
Publishing the Proposals in the Report
on Proposals; Calling for Comments on
the Committee’s disposition of the
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For more information on these new
rules and for up-to-date information on
schedules and deadlines for processing
NFPA Documents, check the NFPA Web
site at https://www.nfpa.org or contact
NFPA Codes and Standards
Administration.
The purpose of this notice is to
request comments on the technical
reports that will be published in the
NFPA’s 2007 Fall Revision Cycle. The
publication of this notice by the
National Institute of Standards and
Technology (NIST) on behalf of NFPA is
being undertaken as a public service;
NIST does not necessarily endorse,
approve, or recommend any of the
standards referenced in the notice.
DATES: Thirty reports are published in
the 2007 Fall Revision Cycle Report on
Proposals and will be available on
December 22, 2006. Comments received
on or before March 2, 2007, will be
considered by the respective NFPA
Committees before final action is taken
on the proposals.
ADDRESSES: The 2007 Fall Revision
Cycle Report on Proposals is available
and downloadable from NFPA’s Web
site—https://www/nfpa.org or by
requesting a copy from the NFPA,
Fulfillment Center, 11 Tracy Drive,
Avon, Massachusetts 02322. Comments
on the report should be submitted to
Casey C. Grant, Secretary, Standards
Council, NFPA, 1 Batterymarch Park,
Quincy, Massachusetts 02269–7471.
FOR FURTHER INFORMATION CONTACT:
Casey C. Grant, Secretary, Standards
Council, NFPA, 1 Batterymarch Park,
Quincy, Massachusetts 02269–7471,
(617) 770–3000.
SUPPLEMENTARY INFORMATION:
Background
The National Fire Protection
Association (NFPA) develops building,
fire, and electrical safety codes and
E:\FR\FM\13OCN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Notices]
[Pages 60476-60478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16946]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-583-833
Certain Polyester Staple Fiber From Taiwan: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2006, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on certain polyester staple fiber from Taiwan. We gave
interested parties an opportunity to comment on the preliminary
results. Based on our analysis of the comments received and an
examination of our calculations, we have made certain changes for the
final results. The final weighted-average dumping margin for Far
Eastern Textile Limited is listed below in the ``Final Results of the
Review'' section of this notice.
EFFECTIVE DATE: October 13, 2006.
FOR FURTHER INFORMATION CONTACT: Devta Ohri or Andrew McAllister,
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) 482-3853
or (202) 482-1174, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2006, the Department of Commerce (``the Department'')
published Certain Polyester Staple Fiber from Taiwan: Preliminary
Results of Antidumping Duty Administrative Review, 71 FR 32514 (June 6,
2006) (``Preliminary Results'') in the Federal Register.
We invited parties to comment on the preliminary results of the
review. On July 13, 2006, Wellman, Inc. and Invista, S.a.r.l.
(collectively, ``the petitioners''), and Far Eastern Textile Limited
(``FET'' or ``respondent''), filed case briefs. On July 24, 2006, the
petitioners and FET filed rebuttal briefs.
Scope of the Order
For the purposes of this 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 this 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\1\ is
[[Page 60477]]
specifically excluded from this order. Also specifically excluded from
this 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 this 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.
---------------------------------------------------------------------------
\1\ The most current edition of the Harmonized Tariff Schedule
of the United States (2006) - Supplement 1 (Rev 1) (August 1, 2006)
incorporates the revision of HTSUS number 5503.20.00.20 to
5503.20.00.25.
---------------------------------------------------------------------------
The merchandise subject to this 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 order is dispositive.
Period of Review
The period of review (``POR'') is May 1, 2004, through April 30,
2005.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the October 4, 2006 ``Issues and Decision
Memorandum for the Fifth Antidumping Duty Administrative Review of
Certain Polyester Staple Fiber from Taiwan'' (``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, which is on
file in the Department's Central Records Unit, Room B-099 of the main
Department building (``CRU''). In addition, a complete version of the
Decision Memorandum can be accessed directly on the Web at
www.ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Fair Value Comparisons
To determine whether FET's sales of PSF 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 (``CV''),
and the cost of production (``COP''), based on the same methodologies
used in the Preliminary Results, with the following exceptions:
We revised the major input adjustment calculations between
the market price and the transfer price of affiliate purchases based on
FET's January 20, 2006 supplemental questionnaire response for
terephthalic acid and mono ethylene glycol (``MEG''). As a result of
these revisions, under section 773(f)(3) of the Tariff Act of 1930, as
amended (``the Act''), the Department finds that no adjustment is
necessary for MEG because the transfer price is higher than the market
price and the affiliated supplier's COP. See Memorandum from Team,
through Brandon Farlander, to the File, ``Final Results Calculation
Memorandum for Far Eastern Textile Limited,'' dated October 4, 2006
(``FET Final Calculation Memorandum''). See also Decision Memorandum at
Comment 3.
We corrected a ministerial error by including FET's fixed
overhead costs in the total cost of manufacture. See FET Final
Calculation Memorandum. See also Decision Memorandum at Comment 4.
Results of the COP Test
We found that, for certain products, more than 20 percent of the
respondent's home market sales were at prices less than the COP and,
thus, the below-cost sales were made within an extended period of time
in substantial quantities. In addition, these sales were made at prices
that did not permit the recovery of costs within a reasonable period of
time. Therefore, we excluded these sales and used the remaining sales
of the same product, as the basis for determining NV, in accordance
with section 773(b)(1).
Final Results of the Review
We find that the following dumping margin exists for the period May
1, 2004, through April 30, 2005:
------------------------------------------------------------------------
Weighted-
Exporter/manufacturer average margin
percentage
------------------------------------------------------------------------
Far Eastern Textile Limited............................ 4.05
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries.
FET has indicated that it was not the importer of record for any of
its sales to the United States during the POR. FET reported the name of
its U.S. customer as the importer of record for all U.S. sales. As
such, FET did not report the entered value for any of its U.S. sales.
Accordingly, we have calculated importer-specific 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, in accordance with the requirement
set forth in 19 CFR 351.106(c)(2), we calculated importer-specific ad
valorem ratios based on the estimated entered value.
Pursuant to 19 CFR 351.106(c)(2), we will instruct 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 will issue appraisement instructions directly to CBP within
15 days of publication of these 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
period of review produced by the respondent for which it 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. For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements are effective for all shipments
of PSF from Taiwan entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for
the reviewed company will be the rate listed above (except no cash
deposit will be required if its 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, the cash deposit rate
will continue to be the most recent rate published in the final
determination for which the manufacturer or exporter received an
individual rate; (3) if the exporter is not a firm covered in this
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, the
cash
[[Page 60478]]
deposit rate will be 7.31 percent, the ``all others'' rate established
in Notice of Amended Final Determination of Sales at Less Than Fair
Value: Certain Polyester Staple Fiber From the Republic of Korea and
Antidumping Duty Orders: Certain Polyester Staple Fiber From the
Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000). These cash
deposit requirements shall remain in effect until publication of the
final results of the next administrative review.
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 orders (``APOs'') 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 these results and this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 4, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX I
List of Comments in the Decision Memorandum
Comment 1: Coding of Regular/Specialty Fiber Products
Comment 2: FET's ``Rebates''
Comment 3: Major Input Adjustment
Comment 4: Fixed Overhead Costs
Comment 5: Using the Revised Total Cost of Manufacture for G&A Expenses
and Financial Expenses
Comment 6: Allocation of FET's G&A Expenses
Comment 7: Idled Equipment Expenses in the G&A Expenses Ratio
Comment 8: Investment Expenses in the Financial Expenses Ratio
Comment 9: Reconciliation of Total Consolidated Interest Expenses
[FR Doc. E6-16946 Filed 10-12-06; 8:45 am]
BILLING CODE 3510-DS-S
