Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 69193-69195 [E7-23815]
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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withdrawn from warehouse, for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
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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 https://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
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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
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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]
-----------------------------------------------------------------------
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 https://
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
