Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 62477-62479 [E8-24903]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62477-62479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24903]


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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 April 17, 2008, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain polyester staple fiber from Taiwan. The period of 
review is May 1, 2006, through April 30, 2007. 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 Date: October 21, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
0410 and (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 17, 2008, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on certain 
polyester staple fiber (PSF) from Taiwan for the period May 1, 2006. 
through April 30, 2007. See Certain Polyester Staple Fiber from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
20907 (April 17, 2008).
    On June 2, 2008, we extended the deadline for the final results of 
review. See Polyester Staple Fiber from Taiwan: Extension of Time Limit 
for the Final Results of Antidumping Duty

[[Page 62478]]

Administrative Review, 73 FR 31433 (June 2, 2008).
    We conducted a verification of Far Eastern Textile Limited's (FET) 
home-market and U.S. sales from June 16 through 19, 2008, and we issued 
a verification report on July 11, 2008. We invited interested parties 
to comment on the preliminary results and our verification findings.
    We received case and rebuttal briefs from Weliman, Inc., and 
Invista, S,a.r.1. (collectively, the petitioners), and FET. The period 
of review (POR) is May 1, 2006, through April 30, 2007. We have 
conducted this review in accordance with section 75 1(a) of the Tariff 
Act of 1930, as amended (the Act).

Scope of the Order

    The product covered by the order 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 the 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 the order. Also specifically excluded from 
the 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 the 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.
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    \1\ The most current edition of the Harmonized Tariff Schedule 
of the United States (2006)--Supplement I (Rev 1) (August 1, 2006) 
incorporates the revision of HTSUS number 5503.20.00.20 to 
5503.20.00.25.
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    The merchandise subject to the 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 subject to the 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 October 14, 2008, ``Issues and 
Decision Memorandum for the 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 1117 of the main 
Department building (CRU). In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

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 cost 
of production (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. See section 773(b)(2)(C)(i) of the Act. 
In addition, these sales were made at prices that did not permit the 
recovery of costs within a reasonable period of time. See section 
773(b)(2)(D) of the Act. Therefore, we excluded these sales and used 
the remaining sales, if any, as the basis for determining normal value, 
in accordance with section 773(h)(1) of the Act.

Final Results of the Review

    We find that a dumping margin of 1.72 percent exists for FET for 
the period May 1, 2006, through April 30, 2007.

Assessment of Duties

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Although FET indicated that it was not the importer of record 
for any of its sales to the United States during the POR, it reported 
the name of the importers of record for all of its U.S. sales. Because 
FET reported the entered value for all of its U.S. sales, we have 
calculated importer-specific assessment rates for the merchandise in 
question by aggregating the dumping margins we calculated for all U.S. 
sales to each importer and dividing this amount by the total entered 
value of those sales.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping
    Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to 
entries of subject merchandise during the POR produced by 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 FR23954 (May 6, 
2003). The Department intends to issue assessment instructions directly 
to CBP 15 days after publication of these final results of review.

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 FET will be 
1.72 percent; (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in the original less-
than-fair-value investigation or previous reviews, 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 investigation but the 
manufacturer is, the cash-deposit rate

[[Page 62479]]

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 FR33807 (May 25, 2000). These cash-deposit requirements 
shall remain in effect until further notice.

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 order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    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: October 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Decision Memorandum

Comment 1: Date of Sale
Comment 2: Classification of Sales
Comment 3: Grade Designations
Comment 4: Home-Market Credit Expenses
Comment 5: Verification Findings
Comment 6: U.S. Actual Credit Expenses

 [FR Doc. E8-24903 Filed 10-20-08; 8:45 am]
BILLING CODE 3510-DS-M