Certain Polyester Staple Fiber From Korea: Final Results of the 2006-2007 Antidumping Duty Administrative Review, 74144-74145 [E8-28875]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74144-74145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28875]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-580-839


Certain Polyester Staple Fiber From Korea: Final Results of the 
2006-2007 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 30, 2008, the Department of Commerce published the 
preliminary results of the seventh administrative review of the 
antidumping duty order on certain polyester staple fiber from the 
Republic of Korea. The review covers the shipments of subject 
merchandise to the United States by Huvis Corporation. Based on our 
analysis of the comments received from interested parties, we have made 
certain changes for the final results. The final weighted-average 
dumping margins are listed below in the ``Final Results of the Review'' 
section of this notice.

EFFECTIVE DATE: December 5, 2008.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister 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) 482-1174 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 30, 2008, the Department of Commerce (``the Department'') 
published Certain Polyester Staple Fiber from Korea: Preliminary 
Results of the 2006/2007 Antidumping Duty Administrative Review, 73 FR 
31058 (May 30, 2008) (``Preliminary Results'') in the Federal Register. 
Prior to the publication of the Preliminary Results, on May 27, 2008, 
Wellman, Inc., Invista, S.a.r.L., and DAK Americas, LLC (collectively, 
``the petitioners'') refiled their May 8, 2008, submission in 
accordance with the Department's May 22, 2008, letter allowing such 
refiling. On June 2, 2008, the petitioners submitted comments rebutting 
Huvis Corporation (``Huvis'')'s May 22, 2008, submission. On June 6, 
2008, Huvis submitted additional comments regarding the petitioners' 
May 27, 2008, submission.
    On June 30, 2008, the petitioners and Huvis filed case briefs. On 
July 14, 2008, the petitioners and Huvis filed rebuttal briefs.
    On September 15, 2008, the Department published in the Federal 
Register an extension of the time limit for the completion of the final 
results of this review until no later than November 26, 2008, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.213(h)(2). See Certain Polyester 
Staple Fiber From the Republic of Korea: Notice of Extension of Time 
Limit for the Final Results of the 2006-2007 Administrative Review, 73 
FR 53190 (Sept. 15, 2008).

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 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.

Period of Review

    The period of review (``POR'') is May 1, 2006, through April 30, 
2007.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the November 26, 2008, Issues and Decision 
Memorandum for the Seventh Antidumping Duty Administrative Review of 
Certain Polyester Staple Fiber from the Republic of Korea (``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 at https://
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 sales of PSF from Korea 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, with the following exception:
     We have revised the comparison market and margin programs 
to

[[Page 74145]]

properly subtract credit expenses in U.S. dollars from the comparison 
market price. We have revised the comparison market program to properly 
include credit expenses in U.S. dollars when calculating CV. See 
Memorandum from the Team to the File, ``2006/2007 Antidumping Duty 
Administrative Review of Certain Polyester Staple Fiber from Korea - 
Final Results Calculation Memorandum for Huvis Corporation,'' dated 
November 26, 2008 (``Huvis Final Calc Memo'').
     We have also revised the comparison market and margin 
programs to properly reflect the gross unit price of home market sales 
in the currency in which the sale was transacted (i.e., Korean Won or 
U.S. dollars). See Huvis Final Calc Memo.
     Different from the Preliminary Results, we have not 
increased the affiliated supplier's COP of PTA and QTA because the 
supplier's purchase prices for paraxylene reasonably reflect market 
prices. See Decision Memorandum at Comment 11; see also Huvis Final 
Calc Memo.

Final Results of the Review

    We find that the following percentage margin exists for the period 
May 1, 2006, through April 30, 2007:

------------------------------------------------------------------------
                                                       Weighted-average
                    Manufacturer                       margin percentage
------------------------------------------------------------------------
Huvis Corporation...................................               2.92%
------------------------------------------------------------------------

Assessment Rates

    Huvis reported that it acted as the importer of record for certain 
POR shipments. Pursuant to 19 CFR 351.212(b)(1), for all sales where 
Huvis is the importer of record, Huvis submitted the reported entered 
value of the U.S. sales and we calculated importer-specific assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of those 
sales.
    Where Huvis was not the importer of record, Huvis did not report 
the entered value for the U.S. sales in question. Accordingly, we 
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 this 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 appropriate assessment instructions 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 
POR produced by companies included in these final results for which the 
reviewed companies did not know their 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. Id.

Cash Deposit Rates

    The following antidumping duty deposits will be required on all 
shipments of certain PSF from Korea entered, or withdrawn from 
warehouse, for consumption, effective 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 rates for the 
reviewed companies will be the rate listed above (except no cash 
deposit will be required if a company's weighted-average margin is de 
minimis, i.e., less than 0.5 percent); (2) for previously reviewed or 
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 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, a prior 
review, or the investigation, the cash deposit rate will be 7.91 
percent, the all-others rate established in Certain Polyester Staple 
Fiber from the Republic of Korea: Notice of Amended Final Determination 
and Amended Order Pursuant to Final Court Decision, 68 FR 74552 
(December 24, 2003). These cash deposit requirements, when imposed, 
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 orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 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: November 26, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Decision Memorandum

Comment 1: Huvis's Reporting of Affiliated Parties
Comment 2: Huvis's Submitted Costs by CONNUM
Comment 3: Costs of the Suwon Factory
Comment 4: Huvis's Financial Expenses Ratio
Comment 5: Huvis's Classification of Certain Home Market Sales
Comment 6: Loading Fees For Huvis's Sales
Comment 7: Korean Brokerage Expenses for Huvis's U.S. Sales
Comment 8: Huvis's Absorption of Antidumping Duties
Comment 9: Ministerial Error in Calculation of Huvis's Credit Expenses
Comment 10: Valuing PTA and QTA
Comment 11: Adjustment for the Cost of Paraxylene

[FR Doc. E8-28875 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-DS-S