Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 43921-43922 [2010-18391]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 43921-43922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18391]


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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 February 5, 2010, 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, 2008, through April 30, 2009. We gave interested 
parties an opportunity to comment on the preliminary results. We 
received comments from Far Eastern Textile Limited. 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: July 27, 2010.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani 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) 482-0198 or (202) 482-4477, respectively.

Background

    On February 5, 2010, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain polyester staple fiber (PSF) from 
Taiwan. See Certain Polyester Staple Fiber From Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review, 75 FR 5964 (February 
5, 2010) (Preliminary Results). We invited interested parties to 
comment on the Preliminary Results. We received comments from the 
respondent. The Department has conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).

Scope of the Order

    The product covered by the order 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 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 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.
    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 briefs by parties to this review are 
addressed in the ``Issues and Decision Memorandum'' from Edward C. 
Yang, Acting Deputy Assistant Secretary, to Ronald K. Lorentzen, Deputy 
Assistant Secretary, dated July 19, 2010 (Decision Memorandum), and 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded is in the Decision Memorandum and 
attached to this notice as an Appendix. The Decision Memorandum, which 
is a public document, is on file in the Department's Central Records 
Unit of the main Commerce building, Room 1117, and is accessible on the 
Web at https://trade.gov/ia. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Ministerial Errors

    In the Preliminary Results, we indicated that we had matched 
products sold in the United States with identical products sold in the 
home market. In fact, in our calculation for the Preliminary Results, 
one product sold in the United States did not match to an above-cost, 
contemporaneous, physically identical product sold in the home market 
in the ordinary course of trade. Instead, from the pool of home-market 
sales that passed the cost-of-production test, we had selected for 
comparison purposes the product sold in the home market with the most 
similar physical characteristics to the product sold in the United 
States. For this comparison, we made a differences-in-merchandise 
adjustment to normal value.
    In the Preliminary Results we stated erroneously that the 
preliminary margin we had found for the respondent was 2.11 percent; 
the correct margin resulting from our preliminary calculations was 2.43 
percent. See ``Certain Polyester Staple Fiber from Taiwan: Far Eastern 
Textile Limited Analysis Memorandum for the Preliminary Results of the 
Administrative Review of the Antidumping Duty Order (5/1/08-4/30/09)'' 
dated February 1, 2010.
    We received no comments from parties concerning these inadvertent 
errors in the Preliminary Results.

Final Results of the Review

    We have made no changes to our calculations and, as announced in 
the Preliminary Results, we disregarded sales made at prices below the 
cost of production in the home market when determining normal value in 
this

[[Page 43922]]

administrative review. As a result of our review, we determine that a 
weighted-average dumping margin of 2.43 percent exists for Far Eastern 
Textile Limited for the period May 1, 2008, through April 30, 2009.

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 Textile Limited 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 Textile Limited 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. This clarification will apply to entries of subject 
merchandise during the period of review produced by Far Eastern Textile 
Limited 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 FR 23954 (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 will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of PSF from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash-deposit rate for 
Far Eastern Textile Limited will be 2.43 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 the 
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 
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: July 19, 2010.
Ronald K. Lorentzen.
Deputy Assistant Secretary for Import Administration.

Appendix

1. Exchange Rates.
2. Selection of Normal Value.

[FR Doc. 2010-18391 Filed 7-26-10; 8:45 am]
BILLING CODE 3510-DS-P