Notice of Final Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber from the Republic of Korea, 49168-49169 [E8-19318]

Download as PDF 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 PO 00000 Frm 00011 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