Notice of Final Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber from the Republic of Korea, 49168-49169 [E8-19318]
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49168
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
Subcontracted Factors
Comment 30: Bun Feet Variance
Comment 31: Packing Labor
Comment 32: Use Market Economy
Purchases for Certain Inputs
Dated: August 11, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix II
V. Starcorp
Comment 33: Assign Total AFA
Cross-Cutting Issues
Comment 1: Surrogate Country
A. Economic Comparability
B. Significant Producer
C. Financial Statements
D. Data Considerations
Comment 2: Combination Rates
Comment 3: New NME Wage Rate
Comment 4: Zeroing
[FR Doc. E8–19303 Filed 8–19–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
I. Surrogate Values
Comment 5: Wrong Standard for Accepting
Respondents Proposed HTS
Classifications
Comment 6: Indian Surrogate Values
Information Has Been Provided for
Teamway and the Dare Group
A. Effective Date
B. India & South Korea
C. Inherent Error in Calculation
Comment 7: Brokerage And Handling, Diesel
Fuel, Water, Electricity, and Freight
Comment 8: Accurate Conversion Factors for
Lumber and Board
Comment 9: Accurate Average Unit Values
Comment 10: Philippine Financial
Statements
Comment 11: Treatment of Certain Expense
Items in the Financial Ratios
dwashington3 on PRODPC61 with NOTICES
III. Dare Group
Comment 12: Whether to Apply Partial AFA
to the Dare Group’s Purchases of SemiFinished Furniture from Unaffiliated
Suppliers
Comment 13: Incorrect Allocation for
Indirect Materials, Labor, Energy, Water,
and Scrap
Comment 14: Use of Disaggregated Factors of
Production and Correct Market Economy
Purchase Prices
Comment 15: Exclude Certain Piece Types
Comment 16: Adjust Direct Materials for
Unreported Consumption
Comment 17: Modify Assessment Rate
Calculation
Comment 18: Conversion Rate for SemiFinished Furniture Inputs
Comment 19: Raw Material Converters for
Plywood
Comment 20: Woodscrap By-Product
Comment 21: Clerical Errors
Comment 22: Corruption of Certain WTA
Philippines Import Data
Comment 23: Eliminate Aberrational Values
Comment 24: Change Certain Philippine HTS
Categories in Valuing The Dare Group’s
Inputs
Comment 25: Use Most Updated Datasets
IV. Teamway
Comment 26: Whether to Apply Total AFA
to Teamway
Comment 27: Whether and How to Combine
the FOP Datasets from May 5, 2008 and
May 16, 2008
Comment 28: Whether to Apply an Adverse
Inference to Value Merchandise Sold,
but not Produced, During the POR
Comment 29: Valuation of Certain
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
[A–580–839]
Notice of Final Results of Changed
Circumstances Antidumping Duty
Review: Certain Polyester Staple Fiber
from the Republic of Korea
Import Administration,
International Trade Administration,
Department of commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
that Woongjin Chemical Co. Ltd.
(‘‘Woongjin’’) is the successor–ininterest to Saehan Industries Inc.
(‘‘Saehan’’). As a result, Woongjin will
be accorded the same treatment
previously accorded to Saehan with
regard to the antidumping duty order on
polyester staple fiber (‘‘PSF’’) from the
Republic of Korea (‘‘Korea’’) as of the
date of publication of this notice in the
Federal Register.
EFFECTIVE DATE: August 20, 2008.
FOR FURTHER INFORMATION CONTACT:
Devta Ohri, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 25, 2000, the Department of
Commerce issued an antidumping duty
order on certain PSF from Korea. See
Notice of Amended Final Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain
Polyester Staple Fiber from Republic of
Korea, 65 FR 33807 (May 25, 2000). On
April 23, 2008, Woongjin requested that
the Department initiate a changed
circumstances review of the
antidumping duty order on PSF from
Korea to determine that, for purposes of
the antidumping law, Woongjin is the
successor–in-interest to Saehan. On
June 16, 2008, the Department initiated
this review and made its preliminary
finding that Woongjin is the successor–
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
in-interest to Saehan, and should be
treated as such for antidumping duty
cash deposit purposes. See Notice of
Initiation and Preliminary Results of
Changed Circumstances Antidumping
Duty Review: Certain Polyester Staple
Fiber From the Republic of Korea, 73 FR
33989 (June 16, 2008). We invited
parties to comment on the preliminary
results. We received no comments or
requests for a hearing.
Scope of the Review
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 5503.20.00.25 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 the order is dispositive.
Final Results of Changed
Circumstances Review
For the reasons stated in the
preliminary results, and because the
Department did not receive any
comments following the preliminary
results of this review, the Department
continues to find that Woongjin is the
successor–in-interest to Saehan for
antidumping duty cash deposit
purposes.
Instructions to U.S. Customs and
Border Protection
The Department will instruct CBP to
suspend liquidation of all shipments of
E:\FR\FM\20AUN1.SGM
20AUN1
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
the subject merchandise produced and
exported by Woongjin entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice at 2.13 percent (i.e.,
Saehan’s cash deposit rate). This deposit
rate shall remain in effect until
publication of the final results of the
next administrative review in which
Woongjin participates.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 sanctionable
violation.
This notice in accordance with
sections 751(b) and 777(i)(1) of the Act,
and section 351.221(c)(3)(i) of the
Department’s regulations.
Dated: August 12, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–19318 Filed 8–19–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–820]
Certain Hot–Rolled Carbon Steel Flat
Products from India: Notice of Intent to
Rescind Antidumping Duty
Administrative Review In Part and
Notice of Extension of Time Limits for
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 20, 2008.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang at (202) 482–1168 or James
Terpstra at (202) 482–3965, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
dwashington3 on PRODPC61 with NOTICES
AGENCY:
Background
On December 31, 2007, United States
Steel Corporation (‘‘Petitioner’’) and
Nucor Corporation requested an
administrative review of the
antidumping duty order on certain hot–
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
rolled carbon steel flat products
(‘‘Indian Hot–Rolled’’), which were
produced or exported by Ispat
Industries Limited (‘‘Ispat’’), JSW Steel
Limited (‘‘JSW’’), Tata Steel Limited
(‘‘Tata’’), and Essar Steel Limited
(‘‘Essar’’). On January 28, 2008, the
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of antidumping duty
administrative review of Indian Hot–
Rolled for the period December 1, 2006,
through November 30, 2007. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 73 FR 4829 (January 28, 2008)
(Initiation Notice). The preliminary
results are currently due no later than
September 1, 2008.
Partial Rescission of Administrative
Review with Respect to Ispat, JSW, and
Tata
On February 25, 2008, the Department
issued a memorandum informing the
interested parties of the Department’s
intention to limit the number of
companies it would examine in this
review pursuant to section 777A(c)(2) of
the Tariff Act of 1930, as amended (the
‘‘Act’’). The Department indicated that
its respondent selection would be made
based on the entry data from U.S.
Customs and Border Protection (‘‘CBP’’)
for Indian Hot–Rolled during the period
of review (‘‘POR’’). The Department set
aside a period of seven calendar days for
interested parties to raise issues
regarding the use of CBP data for
respondent selection in this review. See
Memorandum to File, Re: ‘‘2006–2007
Antidumping Duty Administrative
Review of Certain Hot–Rolled Carbon
Steel Flat Products from India, ‘‘
Subject: ‘‘Customs and Border
Protection Data for Selection of
Respondents for Individual Review,’’
from Cindy Robinson, Senior Financial
Analyst, through James Terpstra,
Program Manager, and Melissa Skinner,
Office Director, Office 3, AD/CVD
Operations, dated February 25, 2008
(‘‘Hot–Rolled Memo’’).
On February 26–27, 2008, Ispat, Tata,
and JSW each informed the Department
that they did not have shipments of the
subject merchandise to the United
States during the POR. On March 3,
2008, Petitioner submitted its comments
in response to the Hot–Rolled Memo
stating that since the Department issued
the Hot–Rolled Memo, Ispat, JSW, and
Tata have each certified that they had
no shipments of subject merchandise to
the United States during the POR, and
their assertions are confirmed by the
CBP data. Therefore, Petitioner asserted
that the Department should rescind the
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Fmt 4703
Sfmt 4703
49169
instant administrative review with
respect to Ispat, JSW, and Tata.
Pursuant to 19 CFR 351.213(d)(3), the
Department may rescind an
administrative review, ‘‘with respect to
a particular exporter or producer, if the
Secretary concludes that, during the
period covered by the review, there
were no entries, exports, or sales of the
subject merchandise, as the case may
be.’’ We examined CBP entry data for
the three exporters/manufacturers: Ispat,
JSW, and Tata, and we are satisfied that
the record indicates that there were no
U.S. entries of subject merchandise from
these three companies during the POR.
Accordingly, following the
Department’s practice, we are
preliminarily rescinding this review
with respect to Ispat, JSW, and Tata.
See, e.g., Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam:
Notice of Preliminary Results and
Partial Rescission of the Third
Antidumping Duty Administrative
Review, 72 FR 53527, 53530 (September
19, 2007), unchanged in final, Certain
Frozen Fish Fillets From the Socialist
Republic of Vietnam: Final Results of
Antidumping Duty Administrative
Review and Partial Rescission, 73 FR
15479, 15480 (March 24, 2008).
After the preliminary partial
rescission of Ispat, JSW, and Tata, only
one respondent, Essar, remains in this
review.
Extension of Time Limit of Preliminary
Results
Section 751(a)(3)(A) of the Act
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order or finding for which
a review is requested. Section
751(a)(3)(A) of the Act further states that
if it is not practicable to complete the
review within the time period specified,
the administering authority may extend
the 245-day period to issue its
preliminary results to up to 365 days.
We determine that it is not practicable
to complete this administrative review
within the time limits mandated by
section 751(a)(3)(A) of the Act because
we require additional time to analyze
the sales and cost data submitted by
Essar and issue supplemental
questionnaires to the company.
Therefore, we are extending the time
period for issuing the preliminary
results of review by 60 days. The
preliminary results are now due no later
than October 31, 2008. The final results
continue to be due 120 days after
publication of the preliminary results.
This notice is issued and published in
accordance with sections 751 of the Act
and 19 CFR 351.213(d)(4).
E:\FR\FM\20AUN1.SGM
20AUN1
]]>Agencies
[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49168-49169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19318]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Notice of Final Results of Changed Circumstances Antidumping Duty
Review: Certain Polyester Staple Fiber from the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of commerce.
SUMMARY: The Department of Commerce (``Department'') has determined,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the
Act''), that Woongjin Chemical Co. Ltd. (``Woongjin'') is the
successor-in-interest to Saehan Industries Inc. (``Saehan''). As a
result, Woongjin will be accorded the same treatment previously
accorded to Saehan with regard to the antidumping duty order on
polyester staple fiber (``PSF'') from the Republic of Korea (``Korea'')
as of the date of publication of this notice in the Federal Register.
EFFECTIVE DATE: August 20, 2008.
FOR FURTHER INFORMATION CONTACT: Devta Ohri, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, the Department of Commerce issued an antidumping
duty order on certain PSF from Korea. See Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Polyester Staple Fiber from Republic of Korea, 65 FR
33807 (May 25, 2000). On April 23, 2008, Woongjin requested that the
Department initiate a changed circumstances review of the antidumping
duty order on PSF from Korea to determine that, for purposes of the
antidumping law, Woongjin is the successor-in-interest to Saehan. On
June 16, 2008, the Department initiated this review and made its
preliminary finding that Woongjin is the successor-in-interest to
Saehan, and should be treated as such for antidumping duty cash deposit
purposes. See Notice of Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber
From the Republic of Korea, 73 FR 33989 (June 16, 2008). We invited
parties to comment on the preliminary results. We received no comments
or requests for a hearing.
Scope of the Review
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 5503.20.00.25 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 the order is
dispositive.
Final Results of Changed Circumstances Review
For the reasons stated in the preliminary results, and because the
Department did not receive any comments following the preliminary
results of this review, the Department continues to find that Woongjin
is the successor-in-interest to Saehan for antidumping duty cash
deposit purposes.
Instructions to U.S. Customs and Border Protection
The Department will instruct CBP to suspend liquidation of all
shipments of
[[Page 49169]]
the subject merchandise produced and exported by Woongjin entered, or
withdrawn from warehouse, for consumption on or after the publication
date of this notice at 2.13 percent (i.e., Saehan's cash deposit rate).
This deposit rate shall remain in effect until publication of the final
results of the next administrative review in which Woongjin
participates.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
This notice in accordance with sections 751(b) and 777(i)(1) of the
Act, and section 351.221(c)(3)(i) of the Department's regulations.
Dated: August 12, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-19318 Filed 8-19-08; 8:45 am]
BILLING CODE 3510-DS-S
