Certain Polyester Staple Fiber from Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 31283-31287 [E7-10914]
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Notices
this notice, or the first workday
thereafter. Issues raised in the hearing
will be limited to those raised in the
case and rebuttal briefs. Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs within 30 days of the
date of publication of this notice.
Rebuttal briefs, which must be limited
to issues raised in the case briefs, may
be filed not later than 35 days after the
date of publication of this notice. See 19
CFR 351.309(d). Parties who submit
case briefs or rebuttal briefs in this
proceeding are requested to submit with
each argument (1) a statement of the
issue and (2) a brief summary of the
argument with an electronic version
included.
The Department will issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any such written briefs
or hearing, within 120 days of
publication of these preliminary results.
See section 751(a)(3) of the Act.
jlentini on PROD1PC65 with NOTICES
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries.
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. We noted
that Huvis was indeed the importer of
record for certain sales. 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 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–
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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.
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 companies included in
these preliminary results for which the
reviewed companies did not know their
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.
If the Department rescinds this review
with respect to Dongwoo, and in the
event any entries were made during the
POR through intermediaries under the
CBP case number for Dongwoo, the
Department will instruct CBP to
liquidate such entries at the all–others
rate in effect on the date of entry,
consistent with the May 6, 2003
clarification discussed above.
Cash Deposit Requirements
The following deposit requirements
will be effective upon completion of the
final results of this administrative
review for all shipments of PSF from
Korea entered, or withdrawn from
warehouse, for consumption 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 rate for the
reviewed company will be the rate
established in the final results of this
administrative review (except no cash
deposit will be required if its weighted–
average margin is de minimis, i.e., less
than 0.50 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, the
previous review, or the original
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
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31283
for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous reviews,
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).
Notification to Importers
This notice also serves as a
preliminary 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 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 double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 30, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–10907 Filed 6–5–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–833]
Certain Polyester Staple Fiber from
Taiwan: Preliminary Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is conducting an administrative review
of the antidumping duty order on
certain polyester staple fiber from
Taiwan. The period of review is May 1,
2005, through April 30, 2006. This
review covers imports of certain
polyester staple fiber from one
producer/exporter. We have
preliminarily found that sales of the
subject merchandise have not been
made below normal value. If these
preliminary results are adopted in our
final results, we will instruct U.S.
Customs and Border Protection to
liquidate without regard to antidumping
duties. Interested parties are invited to
comment on these preliminary results.
AGENCY:
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Notices
We will issue the final results not later
than 120 days from the date of
publication of this notice.
EFFECTIVE DATE: June 6, 2007
FOR FURTHER INFORMATION CONTACT:
Devta Ohri or Brandon Farlander, 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) 482–3853 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, the Department of
Commerce (‘‘Department’’) published an
antidumping duty order on certain
polyester staple fiber (‘‘PSF’’) from
Taiwan. See Notice of 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
16877 (March 30, 2000); Notice of
Amended Final Determination of Sales
at Less Than Fair Value: Certain
Polyester Staple Fiber from Taiwan, 65
FR 24678 (April 27, 2000). On May 1,
2006, the Department published a notice
of ‘‘Opportunity to Request
Administrative Review’’ of this order.
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 71 FR 25565
(May 1, 2006). On May 31, 2006, Far
Eastern Textile Limited (‘‘FET’’)
requested an administrative review. On
July 3, 2006, the Department published
a notice initiating an administrative
review for PSF from Taiwan. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 71 FR 37892 (July 3, 2006).
The period of review (‘‘POR’’) is May 1,
2005, through April 30, 2006.
On July 13, 2006, we issued an
antidumping questionnaire to FET. We
received questionnaire responses from
FET on August 21, 2006, and September
21, 2006. In December 2006, and
January and February 2007, we issued
supplemental questionnaires to FET. We
received responses to these
supplemental questionnaires in January,
February, and March 2007.
jlentini on PROD1PC65 with NOTICES
Scope of the Order
For the purposes of this order, 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
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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
in the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) at
subheading 5503.20.00.20 is 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.
Verification
As provided in section 782(i)(3) of the
Act, during April 2007, we conducted a
verification of the information reported
by FET in Taiwan using standard
verification procedures, including
examination of relevant sales and
financial records, and selection of
original documentation containing
relevant information. The Department
reported its findings on May 31, 2007.
See Memorandum to the File,
‘‘Verification of the Sales Response of
Far Eastern Textile Limited in the 2005–
2006 Antidumping Duty Administrative
Review of Polyester Staple Fiber from
Taiwan,’’ dated May 31, 2007 (‘‘FET
Sales Verification Report’’); and
Memorandum to the File, ‘‘Verification
of the Cost Response of Far Eastern
Textile Limited in the Antidumping
Administrative Review of Polyester
Staple Fiber from Taiwan,’’ dated May
31, 2007 (‘‘FET Cost Verification
Report’’). These reports are on file in the
Central Records Unit (‘‘CRU’’) in room
B–099 of the main Department building.
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 NV, as
described in the ‘‘Export Price’’ and
‘‘Normal Value’’ sections of this notice.
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Pursuant to section 777A(d)(2) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), we compared the EP of
individual U.S. transactions to the
weighted–average NV of the foreign–like
product, where there were sales made in
the ordinary course of trade, as
discussed in the ‘‘Cost of Production
Analysis’’ section, below.
Product Comparisons
In accordance with section 771(16) of
the Act, we considered all products
produced and sold by the respondent in
the home market covered by the
description in the ‘‘Scope of the Order’’
section, above, to be foreign–like
products for purposes of determining
appropriate product comparisons to
U.S. sales. In accordance with sections
773(a)(1)(B) and (C) of the Act, in order
to determine whether there was a
sufficient volume of sales in the home
market to serve as a viable basis for
calculating NV, we compared the
respondent’s volume of home market
sales of the foreign–like product to the
volume of its U.S. sales of the subject
merchandise. (For further details, see
the ‘‘Normal Value’’ section, below.)
We compared U.S. sales to monthly
weighted–average prices of
contemporaneous sales made in the
home market. Where there were no
contemporaneous sales of identical
merchandise in the home market, we
compared sales made within the
window period, which extends from
three months prior to the POR until two
months after the POR. As directed by
section 771(16) of the Act, where there
were no sales of identical merchandise
in the home market made in the
ordinary course of trade to compare to
U.S. sales, we compared U.S. sales to
sales of the most similar foreign–like
product made in the ordinary course of
trade.
Further, as provided in section
773(a)(4) of the Act, where we could not
determine NV because there were no
sales of identical or similar merchandise
made in the ordinary course of trade in
the home market to compare to U.S.
sales, we compared U.S. sales to
constructed value (‘‘CV’’).
Date of Sale
In its questionnaire responses, FET
reported date of shipment as the date of
sale for its U.S. sales, and the date of
invoice as the date of sale for its home
market sales. FET has stated that it
permits home market and U.S.
customers to make order changes up to
the date of shipment. According to
FET’s descriptions, the sales processes
in the home market and to the United
States are identical. Thus, record
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evidence demonstrates that the material
terms of sale are not set before the date
of invoice, which would normally result
in using the date of invoice as the date
of sale. See 19 CFR 351.401(i). However,
because the merchandise is always
shipped on or before the date of invoice,
we are using the date of shipment as the
date of sale. See Certain Cold–Rolled
and Corrosion–Resistant Carbon Steel
Flat Products From Korea: Final Results
of Antidumping Duty Administrative
Reviews, 63 FR 13170, 13172–73 (March
18, 1998).
Export Price
For sales to the United States, we
calculated EP, in accordance with
section 772(a) of the Act, because the
merchandise was sold prior to
importation by the exporter or producer
outside the United States to the first
unaffiliated purchaser in the United
States, and because constructed export
price methodology was not otherwise
warranted. We calculated EP based on
the cost, insurance and freight (‘‘CIF’’)
price to unaffiliated purchasers in the
United States. Where appropriate, we
made deductions, consistent with
section 772(c)(2)(A) of the Act, for the
following movement expenses: inland
freight - plant to port of exportation,
brokerage and handling, harbor service
fee, trade promotion fee, international
freight, and marine insurance.
Normal Value
A. Selection of Comparison Market
To determine whether there was a
sufficient volume of sales of PSF in the
home market to serve as a viable basis
for calculating NV, we compared the
respondent’s home market sales of the
foreign–like product to its volume of
U.S. sales of the subject merchandise, in
accordance with section 773(a) of the
Act. Pursuant to sections 773(a)(1)(B) of
the Act, because the respondent’s
aggregate volume of home market sales
of the foreign–like product was greater
than five percent of its aggregate volume
of U.S. sales of the subject merchandise,
we determined that the home market
was viable for comparison.
jlentini on PROD1PC65 with NOTICES
B. Level of Trade
Section 773(a)(1)(B)(i) of the Act
states that, to the extent practicable, the
Department will calculate NV based on
sales at the same level of trade (‘‘LOT’’)
as the EP. Sales are made at different
LOTs if they are made at different
marketing stages (or their equivalent).
See 19 CFR 351.412(c)(2). Substantial
differences in selling activities are a
necessary, but not sufficient, condition
for determining that there is a difference
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in the stages of marketing. See 19 CFR
351.412(c)(2); see also Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Cut–to-Length
Carbon Steel Plate From South Africa,
62 FR 61731, 61732 (November 19,
1997). In order to determine whether the
comparison market sales were made at
different stages in the marketing process
than the U.S. sales, we reviewed the
distribution system in each market (i.e.,
the ‘‘chain of distribution’’),1 including
selling functions,2 class of customer
(‘‘customer category’’), and the level of
selling expenses for each type of sale.
Pursuant to section 773(a)(1)(B)(i) of
the Act, in identifying levels of trade for
EP and comparison market sales (i.e.,
NV based on either home market or
third country prices),3 we consider the
starting prices before any adjustments.
See Micron Technology, Inc. v. United
States, et al., 243 F.3d 1301, 1314–1315
(Fed. Cir. 2001) (affirming this
methodology).
When the Department is unable to
match U.S. sales to sales of the foreign–
like product in the comparison market
at the same LOT as the EP, the
Department may compare the U.S. sale
to sales at a different LOT in the
comparison market. In comparing EP
sales at a different LOT in the
comparison market, where available
data show that the difference in LOT
affects price comparability, we make a
LOT adjustment under section
773(a)(7)(A) of the Act.
FET reported that it made direct sales
to one distributor in the U.S. market and
to end users in the home market. FET
has reported a single channel of
distribution and a single level of trade
in each market, and has not requested
a LOT adjustment. We examined the
information reported by FET regarding
the type and level of selling activities
performed, and customer categories.
Specifically, we considered the extent to
which sales process, freight services,
warehouse/inventory maintenance, and
1 The marketing process in the United States and
comparison markets begins with the producer and
extends to the sale to the final user or customer.
The chain of distribution between the two may have
many or few links, and the respondent’s sales occur
somewhere along this chain. In performing this
evaluation, we considered the narrative responses
of the respondent to properly determine where in
the chain of distribution the sale appears to occur.
2 Selling functions associated with a particular
chain of distribution help us to evaluate the level(s)
of trade in a particular market. For purposes of
these preliminary results, we have organized the
common selling functions into four major
categories: sales process and marketing support,
freight and delivery, inventory and warehousing,
and quality assurance/warranty services.
3 Where NV is based on CV, we determine the NV
LOT based on the LOT of the sales from which we
derive selling expenses, general and administrative
expenses, and profit for CV, where possible.
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warranty services varied with respect to
the different customer categories (i.e.,
distributors and end users) across the
markets. We found a single level of
trade in the United States, and a single,
identical level of trade in the home
market. Thus, it is unnecessary to make
an LOT adjustment for FET in
comparing EP and home market prices.
C. Cost of Production Analysis
Because FET had sales below the cost
of production that were disregarded in
the original investigation, and the
investigation proceeding was FET’s
most recently completed antidumping
duty proceeding, there were reasonable
grounds to believe or suspect that the
respondent made sales of the
merchandise under review in its
comparison market at prices below the
cost of production (‘‘COP’’) within the
meaning of section 773(b) of the Act.
1. Calculation of COP
We calculated the COP on a product–
specific basis, based on the sum of the
respondent’s costs of materials and
fabrication for the foreign–like product,
plus amounts for general and
administrative (‘‘G&A’’) expenses,
interest expenses, and the costs of all
expenses incidental to placing the
foreign–like product packed and in a
condition ready for shipment, in
accordance with section 773(b)(3) of the
Act.
We relied on COP information
submitted in FET’s cost questionnaire
responses, except for the following
adjustments:
• We adjusted FET’s G&A to disallow
gains on investment activities.
• We adjusted FET’s reported cost of
manufacturing to account for
purchases of purified terephthalic
acid (‘‘PTA’’) and mono ethylene
glycol (‘‘EG’’) from affiliated parties
at non–arm’s–length prices in
accordance with the major input
rule. See Memorandum from
Laurens van Houten to the File,
Cost of Production and Constructed
Value Calculation Adjustments for
the Preliminary Results - Far
Eastern Textile Limited, dated May
31, 2007 (‘‘Cost Calculation
Memorandum’’), which is on file in
the Department’s CRU.
• We noted significant fluctuations in
the costs of direct materials
reported in FET’s cost database due
to the time of production (reflecting
fluctuations in the prices of the
inputs, PTA and EG). To address
the resulting distortions to FET’s
costs, we adjusted the company’s
reported costs using a weighted–
average direct materials cost by
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fiber loft, specialty fiber, and fiber
type (i.e., one direct material cost
for virgin, and one for each of the
blended fiber types). See Cost
Calculation Memorandum.
2. Test of Home Market Prices
On a product–specific basis, we
compared the adjusted weighted–
average COP figures for the POR to the
home market sales of the foreign–like
product, as required under section
773(b) of the Act, to determine whether
these sales were made at prices below
the COP. The prices were exclusive of
any applicable movement charges and
indirect selling expenses. In
determining whether to disregard home
market sales made at prices less than
their COP, we examined, in accordance
with sections 773(b)(1)(A) and (B) of the
Act, whether such sales were made (1)
within an extended period of time in
substantial quantities, and (2) at prices
which permitted the recovery of all
costs within a reasonable period of time.
jlentini on PROD1PC65 with NOTICES
3. Results of 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).
D. Calculation of Normal Value Based
on Home Market Prices
We relied on FET’s submitted home
market sales information, except for the
following adjustments:
• We reclassified some of FET’s
reported home market rebates as
warranty expenses because these
rebates were granted to satisfy
claims regarding product quality
defects. We allocated the total
warranty expenses incurred in the
home market during the POR across
all reported home market sales,
including window period sales. See
Memorandum from Team to the
File, Preliminary Results
Calculation Memorandum for Far
Eastern Textile Limited, dated May
31, 2007 (‘‘FET Calculation
Memorandum’’), which is on file in
the Department’s CRU.
• We reclassified some of FET’s
reported home market rebates as
indirect selling expenses because
these expenses did not relate to any
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Jkt 211001
particular sales. See FET
Calculation Memorandum.
• For the Fiber Type control number
matching characteristic, we used
FET’s breakdown of blended fibers
coded as 5, 6, and 7.
We calculated NV based on the price
to unaffiliated customers. We made
adjustments for packing expenses in
accordance with sections 773(a)(6)(A)
and 773(a)(6)(B)(i) of the Act. We also
made adjustments, consistent with
section 773(a)(6)(B)(ii) of the Act, for
inland freight from the plant to the
customer. In addition, we made
adjustments for differences in
circumstances of sale (‘‘COS’’), in
accordance with section 773(a)(6)(C)(iii)
of the Act and 19 CFR 351.410. We
made COS adjustments, where
appropriate, by deducting direct selling
expenses incurred on home market sales
(i.e., imputed credit expenses and
warranties) and adding U.S. direct
selling expenses (i.e., imputed credit
expenses, actual credit expenses, and
bank charges).
Preliminary Results of the Review
We find that the following dumping
margin exists for the period May 1,
2005, through April 30, 2006:
Assessment Rates
If these preliminary results are
adopted in the final results, we will
instruct U.S. Customs and Border
Protection (CBP) to liquidate all entries
of merchandise produced and exported
by FET without regard to antidumping
duties.
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
will be effective upon completion of the
Weighted–average
Exporter/manufacturer
margin percentage final results of this administrative
review for all shipments of PSF from
Far Eastern Textile LimTaiwan entered, or withdrawn from
ited ............................
0.37 (de minimis) warehouse, for consumption on or after
the publication date of the final results
Public Comment
of this administrative review, as
provided by section 751(a)(1) of the Act:
Any interested party may request a
(1) the cash deposit rate for the
hearing within 30 days of publication of reviewed company will be the rate
this notice. Any hearing, if requested,
established in the final results of this
will be held 42 days after the
administrative review (except no cash
publication of this notice, or the first
deposit will be required if its weighted–
workday thereafter. Issues raised in the
average margin is de minimis, i.e., less
hearing will be limited to those raised
than 0.5 percent); (2) for merchandise
in the case and rebuttal briefs. Interested exported by manufacturers or exporters
parties may submit case briefs within 30 not covered in this review but covered
days of the date of publication of this
in the original less–than–fair–value
notice. Rebuttal briefs, which must be
investigation, the cash deposit rate will
limited to issues raised in the case
continue to be the most recent rate
briefs, may be filed not later than 35
published in the final determination for
days after the date of publication of this which the manufacturer or exporter
notice. Parties who submit case briefs or received an individual rate; (3) if the
rebuttal briefs in this proceeding are
exporter is not a firm covered in this
requested to submit with each argument review or the original investigation, but
(1) a statement of the issue and (2) a
the manufacturer is, the cash deposit
brief summary of the argument with an
rate will be the rate established for the
electronic version included.
most recent period for the manufacturer
The Department will issue the final
of the merchandise; and (4) if neither
results of this administrative review,
the exporter nor the manufacturer is a
including the results of its analysis of
firm covered in this review, the cash
issues raised in any such written briefs
deposit rate will be 7.31 percent, the
or hearing, within 120 days of
‘‘all others’’ rate established in PSF
publication of these preliminary results. Orders.
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E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Notices
Notification to Importers
This notice also serves as a
preliminary 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 double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 31, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–10914 Filed 6–5–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
jlentini on PROD1PC65 with NOTICES
Applications for Duty–Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be filed within 20 days with the
Statutory Import Programs Staff, U.S.
Department of Commerce, 14th and
Constitution Ave., NW, Room 2104,
Washington, D.C.20230. Applications
may be examined between 8:30 A.M.
and 5:00 P.M. at the U.S. Department of
Commerce in Room 2104.
Docket Number: 07–013. Applicant:
University of Minnesota, 1987 Upper
Buford Circle, St. Paul, MN 55108.
Instrument: Carbon monoxide Monitor
and Accessories. Manufacturer:
AeroLaser, Germany. Intended Use: The
instrument is intended to be used for a
long–term study to determine the
carbon exchange of a suburban
landscape by quantifying how much
carbon is exchanged between vegetation
and the atmosphere and determining the
relationship between the flux of carbon
monoxide (emissions from combustion
from vehicles, home heating, etc.) and
the flux of carbon dioxide (from the
VerDate Aug<31>2005
16:59 Jun 05, 2007
Jkt 211001
above sources as well as biological
activity such as photosynthesis and
microbial respiration). The relationship
between the above fluxes will allow
quantification of the amount of CO2 due
to biological activity as opposed to fossil
fuel combustion. The experiment will
support field-based, hands–on classes
using gigabyte fiber optic real–time data
streaming into the classroom. An
instrument capable of measuring CO
concentration fluctuations with the
fastest response time is essential to the
project. Application accepted by
Commissioner of Customs: March 26,
2007.
Docket Number: 07–016. Applicant: The
University of Alabama, 355 Rose
Administration, Box 870130,
Tuscaloosa, AL 35487–0150.
Instrument: Fast–response NOx
Analyzer. Manufacturer: Combustion
Ltd., UK. Intended Use: The instrument
is intended to be used to measure the
intra–cycle variation of NOx production
and emission. NOx is formed and
destroyed in time scales on the order of
several milliseconds. The instrument
has near ms response (3 ms for NO, and
< 10 ms for other oxides of N). This will
allow measurement of changes in
concentration of NOx within an engine
cycle (2 revolutions for a 4–stroke cycle
engine) and correlation with other
intra–cycle data such as cylinder
pressure or temperature. The purpose is
to identify and determine mitigation
methods of NOx formation in internal
combustion engines. Application
accepted by Commissioner of Customs:
March 28, 2007.
Docket Number: 07–017. Applicant:
Stanford University, P.O. Box 20410,
Stanford, CA. Instrument: 1.1 Micron
Wavelength Fiber Laser, Model: Boostik
5 W. Manufacturer: Koheras A/S,
Denmark. Intended Use: The instrument
is intended to be used to study
broadband propagation through the
atmosphere. The experiments include
building and testing a point–to-point
freespace communication link operating
in the 3.8 micron waveband to verify the
system design, using parametric
frequency conversion of telecom–like
sources. It will also be used for graduate
student training. A high–power, cw,
polarized laser source operating at a
wavelength of exactly 1.1 micron is
essential. Application accepted by
Commissioner of Customs: April 9,
2007.
Docket Number: 07–026. Applicant:
Virginia Polytechnic Institute and State
University, Institute for Critical
Technology and Applied Science, 1880
Pratt Dr., mc 0493, Blacksburg, VA
24061. Instrument: Mass Spectrometer,
Model Helios 600 NanoLab.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
31287
Manufacturer: FEI Company,
Eindhoven, The Netherlands. Intended
Use: The instrument is intended to be
used in a centralized facility for creating
and categorizing 3–dimensional
structures at the nanometer size scale. It
is equipped with an ion–beam column
for ion milling, deposition and
lithography, and an electron column for
high–resolution lithography and
imaging. In addition to nanoscale
research it will be used for studies of
other materials by other departments at
the university. Application accepted by
Commissioner of Customs: April
23,2007.Docket Number: 07–029.
Applicant: University of Washington,
Chemistry Department, 36 Bagley Hall,
Seattle, WA 98195. Instrument:
Femtosecond Laser. Manufacturer:
Femtolasers Produktions, GmbH,
Austria. Intended Use: The instrument
is intended to be used for ultra–fast
nonlinear optical far and near–field
microscopic investigations of nanoscale
physical phenomena of ferroelectric and
semiconducting materials. Using near–
field second and fourth harmonic
generation, the ferroelectric domain
ordering of manganites will be studied.
These multiferroic materials are of great
interest due to their potential for
nonvolatile storage devices. Using
photon echo and pump probe
techniques, the electronic and
vibrational properties of semiconductor
nanocrystals, particularly CdSe and
PdSe, will be used to study the effect of
the quantum confinement on the
vibronic coupling. A femtosecond laser
with with pulse durations of 10 fs and
below pulse duration at more than 480
mW power will be necessary for this
work. Application accepted by
Commissioner of Customs: May 8, 2007.
Docket Number: 07–030. Applicant:
Lehigh University, 111 Research Dr.,
Bethlehem, PA 18015. Instrument: Low
Voltage Transmission and Scanning
Electron Microscope. Manufacturer:
Delong Insruments A.s, Czech Republic.
Intended Use: The instrument is
intended to be used to detect proteins of
interest (actin, synapsin and Rab3a) in
nerve terminals. Immunolabeling of
these proteins will be performed and the
tissue will be processed for transmission
electron microscopy and the samples
will be examined. This unique TEM
operates at a low voltage of 5 kV, which
enables obtaining of high–contrast
images of non–osmicated samples,
which is crucial since osmication
cannot be performed together with
immunolabeling. The TEM is capable of
both fast and gradual changes in
magnification which is needed since
nerve terminals are not readily found in
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31283-31287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10914]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Certain Polyester Staple Fiber from Taiwan: Preliminary Results
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce is conducting an administrative
review of the antidumping duty order on certain polyester staple fiber
from Taiwan. The period of review is May 1, 2005, through April 30,
2006. This review covers imports of certain polyester staple fiber from
one producer/exporter. We have preliminarily found that sales of the
subject merchandise have not been made below normal value. If these
preliminary results are adopted in our final results, we will instruct
U.S. Customs and Border Protection to liquidate without regard to
antidumping duties. Interested parties are invited to comment on these
preliminary results.
[[Page 31284]]
We will issue the final results not later than 120 days from the date
of publication of this notice.
EFFECTIVE DATE: June 6, 2007
FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, 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) 482-3853
and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, the Department of Commerce (``Department'')
published an antidumping duty order on certain polyester staple fiber
(``PSF'') from Taiwan. See Notice of 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 16877 (March 30, 2000);
Notice of Amended Final Determination of Sales at Less Than Fair Value:
Certain Polyester Staple Fiber from Taiwan, 65 FR 24678 (April 27,
2000). On May 1, 2006, the Department published a notice of
``Opportunity to Request Administrative Review'' of this order. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 71 FR
25565 (May 1, 2006). On May 31, 2006, Far Eastern Textile Limited
(``FET'') requested an administrative review. On July 3, 2006, the
Department published a notice initiating an administrative review for
PSF from Taiwan. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 71 FR 37892 (July 3, 2006). The period of
review (``POR'') is May 1, 2005, through April 30, 2006.
On July 13, 2006, we issued an antidumping questionnaire to FET. We
received questionnaire responses from FET on August 21, 2006, and
September 21, 2006. In December 2006, and January and February 2007, we
issued supplemental questionnaires to FET. We received responses to
these supplemental questionnaires in January, February, and March 2007.
Scope of the Order
For the purposes of this order, 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 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 in the Harmonized Tariff Schedule of the United
States (``HTSUS'') at subheading 5503.20.00.20 is 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.
Verification
As provided in section 782(i)(3) of the Act, during April 2007, we
conducted a verification of the information reported by FET in Taiwan
using standard verification procedures, including examination of
relevant sales and financial records, and selection of original
documentation containing relevant information. The Department reported
its findings on May 31, 2007. See Memorandum to the File,
``Verification of the Sales Response of Far Eastern Textile Limited in
the 2005-2006 Antidumping Duty Administrative Review of Polyester
Staple Fiber from Taiwan,'' dated May 31, 2007 (``FET Sales
Verification Report''); and Memorandum to the File, ``Verification of
the Cost Response of Far Eastern Textile Limited in the Antidumping
Administrative Review of Polyester Staple Fiber from Taiwan,'' dated
May 31, 2007 (``FET Cost Verification Report''). These reports are on
file in the Central Records Unit (``CRU'') in room B-099 of the main
Department building.
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 NV, as described in the ``Export Price'' and ``Normal
Value'' sections of this notice.
Pursuant to section 777A(d)(2) of the Tariff Act of 1930, as
amended (``the Act''), we compared the EP of individual U.S.
transactions to the weighted-average NV of the foreign-like product,
where there were sales made in the ordinary course of trade, as
discussed in the ``Cost of Production Analysis'' section, below.
Product Comparisons
In accordance with section 771(16) of the Act, we considered all
products produced and sold by the respondent in the home market covered
by the description in the ``Scope of the Order'' section, above, to be
foreign-like products for purposes of determining appropriate product
comparisons to U.S. sales. In accordance with sections 773(a)(1)(B) and
(C) of the Act, in order to determine whether there was a sufficient
volume of sales in the home market to serve as a viable basis for
calculating NV, we compared the respondent's volume of home market
sales of the foreign-like product to the volume of its U.S. sales of
the subject merchandise. (For further details, see the ``Normal Value''
section, below.)
We compared U.S. sales to monthly weighted-average prices of
contemporaneous sales made in the home market. Where there were no
contemporaneous sales of identical merchandise in the home market, we
compared sales made within the window period, which extends from three
months prior to the POR until two months after the POR. As directed by
section 771(16) of the Act, where there were no sales of identical
merchandise in the home market made in the ordinary course of trade to
compare to U.S. sales, we compared U.S. sales to sales of the most
similar foreign-like product made in the ordinary course of trade.
Further, as provided in section 773(a)(4) of the Act, where we
could not determine NV because there were no sales of identical or
similar merchandise made in the ordinary course of trade in the home
market to compare to U.S. sales, we compared U.S. sales to constructed
value (``CV'').
Date of Sale
In its questionnaire responses, FET reported date of shipment as
the date of sale for its U.S. sales, and the date of invoice as the
date of sale for its home market sales. FET has stated that it permits
home market and U.S. customers to make order changes up to the date of
shipment. According to FET's descriptions, the sales processes in the
home market and to the United States are identical. Thus, record
[[Page 31285]]
evidence demonstrates that the material terms of sale are not set
before the date of invoice, which would normally result in using the
date of invoice as the date of sale. See 19 CFR 351.401(i). However,
because the merchandise is always shipped on or before the date of
invoice, we are using the date of shipment as the date of sale. See
Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products
From Korea: Final Results of Antidumping Duty Administrative Reviews,
63 FR 13170, 13172-73 (March 18, 1998).
Export Price
For sales to the United States, we calculated EP, in accordance
with section 772(a) of the Act, because the merchandise was sold prior
to importation by the exporter or producer outside the United States to
the first unaffiliated purchaser in the United States, and because
constructed export price methodology was not otherwise warranted. We
calculated EP based on the cost, insurance and freight (``CIF'') price
to unaffiliated purchasers in the United States. Where appropriate, we
made deductions, consistent with section 772(c)(2)(A) of the Act, for
the following movement expenses: inland freight - plant to port of
exportation, brokerage and handling, harbor service fee, trade
promotion fee, international freight, and marine insurance.
Normal Value
A. Selection of Comparison Market
To determine whether there was a sufficient volume of sales of PSF
in the home market to serve as a viable basis for calculating NV, we
compared the respondent's home market sales of the foreign-like product
to its volume of U.S. sales of the subject merchandise, in accordance
with section 773(a) of the Act. Pursuant to sections 773(a)(1)(B) of
the Act, because the respondent's aggregate volume of home market sales
of the foreign-like product was greater than five percent of its
aggregate volume of U.S. sales of the subject merchandise, we
determined that the home market was viable for comparison.
B. Level of Trade
Section 773(a)(1)(B)(i) of the Act states that, to the extent
practicable, the Department will calculate NV based on sales at the
same level of trade (``LOT'') as the EP. Sales are made at different
LOTs if they are made at different marketing stages (or their
equivalent). See 19 CFR 351.412(c)(2). Substantial differences in
selling activities are a necessary, but not sufficient, condition for
determining that there is a difference in the stages of marketing. See
19 CFR 351.412(c)(2); see also Notice of Final Determination of Sales
at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate From
South Africa, 62 FR 61731, 61732 (November 19, 1997). In order to
determine whether the comparison market sales were made at different
stages in the marketing process than the U.S. sales, we reviewed the
distribution system in each market (i.e., the ``chain of
distribution''),\1\ including selling functions,\2\ class of customer
(``customer category''), and the level of selling expenses for each
type of sale.
---------------------------------------------------------------------------
\1\ The marketing process in the United States and comparison
markets begins with the producer and extends to the sale to the
final user or customer. The chain of distribution between the two
may have many or few links, and the respondent's sales occur
somewhere along this chain. In performing this evaluation, we
considered the narrative responses of the respondent to properly
determine where in the chain of distribution the sale appears to
occur.
\2\ Selling functions associated with a particular chain of
distribution help us to evaluate the level(s) of trade in a
particular market. For purposes of these preliminary results, we
have organized the common selling functions into four major
categories: sales process and marketing support, freight and
delivery, inventory and warehousing, and quality assurance/warranty
services.
---------------------------------------------------------------------------
Pursuant to section 773(a)(1)(B)(i) of the Act, in identifying
levels of trade for EP and comparison market sales (i.e., NV based on
either home market or third country prices),\3\ we consider the
starting prices before any adjustments. See Micron Technology, Inc. v.
United States, et al., 243 F.3d 1301, 1314-1315 (Fed. Cir. 2001)
(affirming this methodology).
---------------------------------------------------------------------------
\3\ Where NV is based on CV, we determine the NV LOT based on
the LOT of the sales from which we derive selling expenses, general
and administrative expenses, and profit for CV, where possible.
---------------------------------------------------------------------------
When the Department is unable to match U.S. sales to sales of the
foreign-like product in the comparison market at the same LOT as the
EP, the Department may compare the U.S. sale to sales at a different
LOT in the comparison market. In comparing EP sales at a different LOT
in the comparison market, where available data show that the difference
in LOT affects price comparability, we make a LOT adjustment under
section 773(a)(7)(A) of the Act.
FET reported that it made direct sales to one distributor in the
U.S. market and to end users in the home market. FET has reported a
single channel of distribution and a single level of trade in each
market, and has not requested a LOT adjustment. We examined the
information reported by FET regarding the type and level of selling
activities performed, and customer categories. Specifically, we
considered the extent to which sales process, freight services,
warehouse/inventory maintenance, and warranty services varied with
respect to the different customer categories (i.e., distributors and
end users) across the markets. We found a single level of trade in the
United States, and a single, identical level of trade in the home
market. Thus, it is unnecessary to make an LOT adjustment for FET in
comparing EP and home market prices.
C. Cost of Production Analysis
Because FET had sales below the cost of production that were
disregarded in the original investigation, and the investigation
proceeding was FET's most recently completed antidumping duty
proceeding, there were reasonable grounds to believe or suspect that
the respondent made sales of the merchandise under review in its
comparison market at prices below the cost of production (``COP'')
within the meaning of section 773(b) of the Act.
1. Calculation of COP
We calculated the COP on a product-specific basis, based on the sum
of the respondent's costs of materials and fabrication for the foreign-
like product, plus amounts for general and administrative (``G&A'')
expenses, interest expenses, and the costs of all expenses incidental
to placing the foreign-like product packed and in a condition ready for
shipment, in accordance with section 773(b)(3) of the Act.
We relied on COP information submitted in FET's cost questionnaire
responses, except for the following adjustments:
We adjusted FET's G&A to disallow gains on investment
activities.
We adjusted FET's reported cost of manufacturing to
account for purchases of purified terephthalic acid (``PTA'') and mono
ethylene glycol (``EG'') from affiliated parties at non-arm's-length
prices in accordance with the major input rule. See Memorandum from
Laurens van Houten to the File, Cost of Production and Constructed
Value Calculation Adjustments for the Preliminary Results - Far Eastern
Textile Limited, dated May 31, 2007 (``Cost Calculation Memorandum''),
which is on file in the Department's CRU.
We noted significant fluctuations in the costs of direct
materials reported in FET's cost database due to the time of production
(reflecting fluctuations in the prices of the inputs, PTA and EG). To
address the resulting distortions to FET's costs, we adjusted the
company's reported costs using a weighted-average direct materials cost
by
[[Page 31286]]
fiber loft, specialty fiber, and fiber type (i.e., one direct material
cost for virgin, and one for each of the blended fiber types). See Cost
Calculation Memorandum.
2. Test of Home Market Prices
On a product-specific basis, we compared the adjusted weighted-
average COP figures for the POR to the home market sales of the
foreign-like product, as required under section 773(b) of the Act, to
determine whether these sales were made at prices below the COP. The
prices were exclusive of any applicable movement charges and indirect
selling expenses. In determining whether to disregard home market sales
made at prices less than their COP, we examined, in accordance with
sections 773(b)(1)(A) and (B) of the Act, whether such sales were made
(1) within an extended period of time in substantial quantities, and
(2) at prices which permitted the recovery of all costs within a
reasonable period of time.
3. Results of 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).
D. Calculation of Normal Value Based on Home Market Prices
We relied on FET's submitted home market sales information, except
for the following adjustments:
We reclassified some of FET's reported home market rebates
as warranty expenses because these rebates were granted to satisfy
claims regarding product quality defects. We allocated the total
warranty expenses incurred in the home market during the POR across all
reported home market sales, including window period sales. See
Memorandum from Team to the File, Preliminary Results Calculation
Memorandum for Far Eastern Textile Limited, dated May 31, 2007 (``FET
Calculation Memorandum''), which is on file in the Department's CRU.
We reclassified some of FET's reported home market rebates
as indirect selling expenses because these expenses did not relate to
any particular sales. See FET Calculation Memorandum.
For the Fiber Type control number matching characteristic,
we used FET's breakdown of blended fibers coded as 5, 6, and 7.
We calculated NV based on the price to unaffiliated customers. We
made adjustments for packing expenses in accordance with sections
773(a)(6)(A) and 773(a)(6)(B)(i) of the Act. We also made adjustments,
consistent with section 773(a)(6)(B)(ii) of the Act, for inland freight
from the plant to the customer. In addition, we made adjustments for
differences in circumstances of sale (``COS''), in accordance with
section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. We made COS
adjustments, where appropriate, by deducting direct selling expenses
incurred on home market sales (i.e., imputed credit expenses and
warranties) and adding U.S. direct selling expenses (i.e., imputed
credit expenses, actual credit expenses, and bank charges).
Preliminary Results of the Review
We find that the following dumping margin exists for the period May
1, 2005, through April 30, 2006:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer margin percentage
------------------------------------------------------------------------
Far Eastern Textile Limited......................... 0.37 (de minimis)
------------------------------------------------------------------------
Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice. Any hearing, if requested, will be held 42
days after the publication of this notice, or the first workday
thereafter. Issues raised in the hearing will be limited to those
raised in the case and rebuttal briefs. Interested parties may submit
case briefs within 30 days of the date of publication of this notice.
Rebuttal briefs, which must be limited to issues raised in the case
briefs, may be filed not later than 35 days after the date of
publication of this notice. Parties who submit case briefs or rebuttal
briefs in this proceeding are requested to submit with each argument
(1) a statement of the issue and (2) a brief summary of the argument
with an electronic version included.
The Department will issue the final results of this administrative
review, including the results of its analysis of issues raised in any
such written briefs or hearing, within 120 days of publication of these
preliminary results.
Assessment Rates
If these preliminary results are adopted in the final results, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate all
entries of merchandise produced and exported by FET without regard to
antidumping duties.
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 will be effective upon
completion of the final results of this administrative review for all
shipments of PSF from Taiwan entered, or withdrawn from warehouse, for
consumption 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 rate for the reviewed company will be the
rate established in the final results of this administrative review
(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 deposit rate will be 7.31 percent, the ``all others'' rate
established in PSF Orders.
[[Page 31287]]
Notification to Importers
This notice also serves as a preliminary 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 double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 31, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-10914 Filed 6-5-07; 8:45 am]
BILLING CODE 3510-DS-S