Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 18348-18349 [E9-9246]

Download as PDF 18348 Notices Federal Register Vol. 74, No. 76 Wednesday, April 22, 2009 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Forest Service Intermountain Region, Boise, Payette, and Sawtooth National Forests; ID; Amendment to the 2003 Land and Resource Management Plans: Wildlife Conservation Strategy (Forested Biological Community) Forest Service, USDA. Second correction of notice of intent (NOI) to prepare an environmental impact statement (EIS). AGENCY: dwashington3 on PROD1PC60 with NOTICES ACTION: SUMMARY: On December 8, 2008, the Forest Service corrected a notice of intent (NOI) to prepare one EIS to disclose the environmental effects of proposed nonsignificant amendments to the three Southwest Idaho Ecogroup (SWIE) 2003 Land and Resource Management Plans (Forest Plans). The December 8, 2008, NOI corrected a September 14, 2007 NOI, in part to reflect a delay of more than a year in filing the draft EIS. The December 8, 2008 NOI is now being corrected to reflect that three EISs will be prepared (one for each Forest) instead of one EIS addressing all three Forests. DATES: The draft EISs for the three Forests are expected to be available in the fall of 2009 for a 45-day public comment period. The final EISs and three Records of Decision (RODs), one for each Forest Plan, are expected to be completed by winter 2009. FOR FURTHER INFORMATION CONTACT: Randall Hayman, Forest Planner, Boise National Forest; 1249 South Vinnell Way, Suite 200, Boise, Idaho 83709; telephone 208–373–4100. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The three Forests have decided to prepare three VerDate Nov<24>2008 15:31 Apr 21, 2009 Jkt 217001 separate EISs to disclose the environmental effects of proposed nonsignificant amendments to each Forest Plan. The proposed Forest Plan amendments would add and/or modify existing management direction as needed to implement a Forest Planlevel, wildlife conservation strategy (WCS) for the forested biological community for the Boise, Payette, and Sawtooth National Forests, respectively. The Forests decided to prepare three separate EISs to reduce the complexity arising from one single EIS addressing a wide diversity of terrestrial wildlife species and forested habitats across approximately 6.6 million acres, and to reflect each Forest’s reliance on a Forest Plan and ROD specific to that Forest. Each of the three EISs will describe cumulative effects to identified species, using analysis areas appropriate for and specific to these species. Additional information about the proposed amendments, including the purpose and need and proposed action. can be found in the September 14, 2007, NOI (Federal Register, Vol 72, No. 178, pp. 52540– 52542) and the December 8, 2008, NOI (Federal Register, Vol 73, No. 236, pp. 74455–74456). Information about and status updates of the amendment process will continue to be posted on the Web site, https:// fs.usda.gov/boise (click on ‘‘WildIife Conservation Strategy’’). Responsible Officials: The Responsible Officials are the three Forest Supervisors for the Boise, Payette, and Sawtooth NFs. Nature of Decision To Be Made: Each Responsible Official will review the final EIS for her respective Forest and determine if the 2003 Plan for her Forest should be amended and/or modified, or if the current Forest Plan should remain unchanged. Dated: April 14, 2009. Cecilia R. Seesholtz, Forest Supervisor, Boise National Forest. [FR Doc. E9–9093 Filed 4–21–09; 8:45 am] BILLING CODE 3410–11–M PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–583–833] Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review AGENCY: International Trade Administration, Department of Commerce. SUMMARY: On February 5, 2009, 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, 2007, through April 30, 2008. We gave interested parties an opportunity to comment on the preliminary results. We received no comments on our preliminary results. The final weightedaverage dumping margin for Far Eastern Textiles Ltd. is listed below in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: April 22, 2009. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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. SUPPLEMENTARY INFORMATION: Background On February 5, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan. See Certain Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 6136 (February 5, 2009) (Preliminary Results). We invited interested parties to comment on the Preliminary Results. We did not receive comments from any interested parties and we did not make any changes to the margin calculations for the final results. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 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 in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 5503.20.00.20 is specifically excluded from the order. Also specifically excluded from the order are PSF 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. 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. dwashington3 on PROD1PC60 with NOTICES Final Results of Review As a result of our review, we determine that a weighted-average dumping margin of 1.97 percent exists for Far Eastern Textiles Ltd. for the period May 1, 2007, through April 30, 2008. Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Although Far Eastern Textiles Ltd. indicated that it was not the importer of record for any of its sales to the United States during the period of review, it reported the names of the importers of record for all of its U.S. sales. Because Far Eastern Textiles Ltd. also 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 VerDate Nov<24>2008 15:31 Apr 21, 2009 Jkt 217001 May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Clarification). This clarification will apply to entries of subject merchandise during the period of review produced by Far Eastern Textiles Ltd. 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 allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Assessment Clarification. 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 antidumping duty 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 Far Eastern Textiles Ltd. is 1.97 percent; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in the original less-thanfair-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 will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash-deposit rate for all other manufacturers or exporters will continue to 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 cashdeposit requirements shall remain in effect until further notice. Notifications 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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 18349 result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 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: April 16, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–9246 Filed 4–21–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–881] Continuation of Antidumping Duty Order on Malleable Cast Iron Pipe Fittings From the People’s Republic of China AGENCY: International Trade Administration, Department of Commerce. Effective Date: April 22, 2009. As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on malleable cast iron pipe fittings (‘‘malleable pipe fittings’’) from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. FOR FURTHER INFORMATION CONTACT: Paul ´ Stolz or Sergio Balbontın, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4474 or (202) 482–6478, respectively. DATES: SUMMARY: E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18348-18349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9246]


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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: International Trade Administration, Department of Commerce.

SUMMARY: On February 5, 2009, 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, 2007, through April 30, 2008. We gave interested 
parties an opportunity to comment on the preliminary results. We 
received no comments on our preliminary results. The final weighted-
average dumping margin for Far Eastern Textiles Ltd. is listed below in 
the ``Final Results of Review'' section of this notice.

DATES: Effective Date: April 22, 2009.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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.

SUPPLEMENTARY INFORMATION:

Background

    On February 5, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain polyester staple fiber from Taiwan. 
See Certain Polyester Staple Fiber From Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review, 74 FR 6136 (February 5, 2009) 
(Preliminary Results). We invited interested parties to comment on the 
Preliminary Results. We did not receive comments from any interested 
parties and we did not make any changes to the margin calculations for 
the final results. The Department has conducted this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

[[Page 18349]]

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 in the Harmonized Tariff Schedule of the 
United States (HTSUS) at subheading 5503.20.00.20 is specifically 
excluded from the order. Also specifically excluded from the order are 
PSF 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.
    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.

Final Results of Review

    As a result of our review, we determine that a weighted-average 
dumping margin of 1.97 percent exists for Far Eastern Textiles Ltd. for 
the period May 1, 2007, through April 30, 2008.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Although Far Eastern Textiles Ltd. indicated that it was not 
the importer of record for any of its sales to the United States during 
the period of review, it reported the names of the importers of record 
for all of its U.S. sales. Because Far Eastern Textiles Ltd. also 
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) (Assessment 
Clarification). This clarification will apply to entries of subject 
merchandise during the period of review produced by Far Eastern 
Textiles Ltd. 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 Assessment Clarification.
    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 antidumping duty 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 Far Eastern Textiles Ltd. is 1.97 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 will be the rate established for the most recent 
period for the manufacturer of the merchandise; (4) the cash-deposit 
rate for all other manufacturers or exporters will continue to 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 further notice.

Notifications

    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.
    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: April 16, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9246 Filed 4-21-09; 8:45 am]
BILLING CODE 3510-DS-P

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