Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 69193-69195 [E7-23815]

Download as PDF Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices rebuttal briefs. See 19 CFR 351.310(d). The Department will issue the final results of this administrative review, including the results of our analysis of the issues raised in any such written comments or at a hearing, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. pwalker on PROD1PC71 with NOTICES Assessment Rates Upon completion of this review the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003 (68 FR 23954). 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 G Steel or by any of the companies for which we are rescinding this review, and for which G Steel or each no–shipment respondent did not know its merchandise would be exported by another company to 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. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the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 listed in the final results of review; (2) for previously investigated companies not listed above, the cash deposit rate will continue to be the company–specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original less–than-fair– value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 or exporters will continue to be the all– others rate of 3.86 percent, which is the all–others rate established in the LTFV investigation. See Hot Rolled Steel Order, 66 FR 59562 (November 29, 2001). These deposit requirements, when imposed, shall remain in effect until further notice. 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 this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 30, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–23806 Filed 12–6–07; 8:45 am] BILLING CODE 3510–DS–S 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, 2007, 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. DATES: Effective Dates: December 7, 2007. FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, Office 1, AD/CVD Operations, Import Administration, International Trade AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 69193 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 June 6, 2007, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the sixth administrative review of the antidumping duty order on certain polyester staple fiber (‘‘PSF’’) from Taiwan. See Certain Polyester Staple Fiber from Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 72 FR 31283 (June 6, 2007). We invited interested parties to comment on the preliminary results. On October 24, 2007, we received case briefs from Wellman, Inc. and Invista, S.a.r.l. (collectively, ‘‘the petitioners’’), and Far Eastern Textile Limited (‘‘FET’’ or ‘‘respondent’’). On November 6, 2007, we received rebuttal briefs from the FET and Fibertex Corporation (‘‘Fibertex’’ or ‘‘importer’’), an importer of subject merchandise. Period of Review The period of review (‘‘POR’’) is May 1, 2005, through April 30, 2006. 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 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 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\07DEN1.SGM 07DEN1 69194 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices 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. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the December 3, 2007, ‘‘Issues and Decision Memorandum for the Sixth 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 http://www.ia.ita.doc.gov/ frn. The paper copy and electronic version of the Decision Memorandum are identical in content. pwalker on PROD1PC71 with NOTICES 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, except that we did not weightaverage FET’s raw material costs for the final results. Results of the COP Test Pursuant to section 773(b)(2)(C)(i) of the Act, where less than 20 percent of sales of a given product were at prices less than the COP, we did not disregard any below-cost sales of that product because we determined that the belowcost sales were not made in ‘‘substantial quantities.’’ Where 20 percent or more of a respondent’s sales of a given product during the POR were at prices less than the COP, we determined such sales to have been made in ‘‘substantial quantities.’’ See section 773(b)(2)(C) of the Act. The sales were made within an VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 extended period of time in accordance with section 773(b)(2)(B) of the Act, because we examined below-cost sales occurring during the entire POR. In such cases, because we compared prices to POR-average costs, we also determined that such sales were not made at prices which would permit recovery of all costs within a reasonable period of time, in accordance with section 773(b)(2)(D) of the Act. 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 and 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, if any, as the basis for determining NV, in accordance with section 773(b)(1) of the Act. Final Results of the Review We find that the following dumping margin exists for the period May 1, 2005, through April 30, 2006: Exporter/manufacturer Weighted-average margin percentage Far Eastern Textile Limited. 0.30 (de minimis). 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 importerspecific 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 assessment instructions directly to CBP 15 days PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 after 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 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. E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices 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: December 3, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. List of Comments in the Decision Memorandum Comment 1: Application of Total Adverse Facts Available. Comment 2: Fluctuating Monthly Costs. [FR Doc. E7–23815 Filed 12–6–07; 8:45 am] BILLING CODE 3510–DS–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Proposed Information Collection; Comment Request Corporation for National and Community Service. ACTION: Notice. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: The Corporation for National and Community Service (hereinafter the ‘‘Corporation’’), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to 16:30 Dec 06, 2007 Jkt 214001 Written comments must be submitted to the individual and office listed in the ADDRESSES section by February 5, 2008. ADDRESSES: You may submit comments, identified by the title of the information collection activity, by any of the following methods: (1) By mail sent to: Corporation for National and Community Service, Senior Corps; Attention Ms. Angela Roberts, Associate Director, Room 9401; 1201 New York Avenue, NW., Washington, DC 20525. (2) By hand delivery or by courier to the Corporation’s mailroom on the 8th Floor at the mail address given in paragraph (1) above, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. (3) By fax to: (202) 606–3475, Attention Ms. Angela Roberts, Associate Director. (4) Electronically through the Corporation’s e-mail address system: aroberts@cns.gov. DATES: Appendix I VerDate Aug<31>2005 provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning its proposed renewal of its Senior Corps Grant Application (424–NSSC)— reference OMB Control Number 3045– 0035, with an expiration date of April 30, 2008. The Corporation proposes to renew the Senior Corps Grant Application without significant changes. The modifications proposed by the Corporation for this renewal are limited to language changes to the application instructions: • Remove the term ‘‘non-impact’’ work plan and replace with ‘‘work plan’’ to clarify and simplify for applicants; • Update the ‘‘Required Documents’’ list to specify that applicants send the 990 Financial Form in the event that the organization does not meet the threshold for an A–133 audit. Copies of the information collection can be obtained by contacting the office listed in the address section of this notice. FOR FURTHER INFORMATION CONTACT: Angela Roberts, (202) 606–6822 or by email at aroberts@cns.gov. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 69195 The Corporation is particularly interested in comments that: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; Enhance the quality, utility, and clarity of the information to be collected; and Minimize the burden of the collection of information on those who are expected to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submissions of responses). Background: The Senior Corps Grant Application is completed by applicant organizations interested in sponsoring a Senior Corps program. The application is completed electronically using the Corporation’s Web-based grants management system, eGrants. Current Action: The Corporation seeks to renew the current application without significant change. Revisions are limited to minor language changes in the Application Instructions to facilitate ease of use by applicants. The current application is due to expire on April 30, 2008. Type of Review: Renewal. Agency: Corporation for National and Community Service. Title: National Senior Service Corps Grant Application. OMB Number: 3045–0035. Agency Number: SF 424–NSSC. Affected Public: Current and prospective sponsors of National Senior Service Corps Grants. Total Respondents: 1,350. Frequency: Annually, with exceptions. Average Time Per Response: Averages 13.2 hours. Estimated at 16.5 hours for first time respondents; 15 hours for continuation sponsors; 5 hours for revisions. Estimated Total Burden Hours: 17,820 hours. Total Burden Cost (capital/startup): None. Total Burden Cost (operating/ maintenance): $6,497. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. SUPPLEMENTARY INFORMATION: E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Notices]
[Pages 69193-69195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23815]


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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, 2007, 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.

DATES: Effective Dates: December 7, 2007.

FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, 
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 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2007, the Department of Commerce (``the Department'') 
published in the Federal Register the preliminary results of the sixth 
administrative review of the antidumping duty order on certain 
polyester staple fiber (``PSF'') from Taiwan. See Certain Polyester 
Staple Fiber from Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review, 72 FR 31283 (June 6, 2007). We invited 
interested parties to comment on the preliminary results.
    On October 24, 2007, we received case briefs from Wellman, Inc. and 
Invista, S.a.r.l. (collectively, ``the petitioners''), and Far Eastern 
Textile Limited (``FET'' or ``respondent''). On November 6, 2007, we 
received rebuttal briefs from the FET and Fibertex Corporation 
(``Fibertex'' or ``importer''), an importer of subject merchandise.

Period of Review

    The period of review (``POR'') is May 1, 2005, through April 30, 
2006.

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 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

[[Page 69194]]

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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the December 3, 2007, ``Issues and 
Decision Memorandum for the Sixth 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 http://
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, except that we did not weight-average 
FET's raw material costs for the final results.

Results of the COP Test

    Pursuant to section 773(b)(2)(C)(i) of the Act, where less than 20 
percent of sales of a given product were at prices less than the COP, 
we did not disregard any below-cost sales of that product because we 
determined that the below-cost sales were not made in ``substantial 
quantities.'' Where 20 percent or more of a respondent's sales of a 
given product during the POR were at prices less than the COP, we 
determined such sales to have been made in ``substantial quantities.'' 
See section 773(b)(2)(C) of the Act. The sales were made within an 
extended period of time in accordance with section 773(b)(2)(B) of the 
Act, because we examined below-cost sales occurring during the entire 
POR. In such cases, because we compared prices to POR-average costs, we 
also determined that such sales were not made at prices which would 
permit recovery of all costs within a reasonable period of time, in 
accordance with section 773(b)(2)(D) of the Act.
    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 
and 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, if any, as the basis for determining NV, in accordance 
with section 773(b)(1) of the Act.

Final Results of the Review

    We find that the following dumping margin exists for the period May 
1, 2005, through April 30, 2006:

------------------------------------------------------------------------
                                             Weighted-average margin
         Exporter/manufacturer                     percentage
------------------------------------------------------------------------
Far Eastern Textile Limited...........  0.30 (de minimis).
------------------------------------------------------------------------

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 assessment instructions directly to CBP 15 days 
after 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 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.

[[Page 69195]]

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: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix I

    List of Comments in the Decision Memorandum
    Comment 1: Application of Total Adverse Facts Available.
    Comment 2: Fluctuating Monthly Costs.

[FR Doc. E7-23815 Filed 12-6-07; 8:45 am]
BILLING CODE 3510-DS-P