Certain Polyester Staple Fiber from Korea: Rescission of Antidumping Duty Administrative Review, 47795 [2010-19610]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Page 47795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19610]



[[Page 47795]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Certain Polyester Staple Fiber from Korea: Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 9, 2010.

FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Patricia Tran, AD/CVD 
Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-0588 and (202) 482-1503, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2010, the U.S. Department of Commerce (``Department'') 
issued a notice of opportunity to request an administrative review of 
this order for the period of review May 1, 2009, through April 30, 
2010. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
75 FR 23236-37 (May 3, 2010). On May 27, 2010, in accordance with 19 
CFR 351.213(b), the Department received a timely request from DAK 
Americas LLC, and Invista, S.a.r.L (collectively, ``Petitioners'') to 
conduct an administrative review of Huvis Corporation (``Huvis''), and 
Woongjin Chemical Co., Ltd. (``Woongjin''). On May 28, 2010, the 
Department also received an administrative review request from Huvis.
    On June 30, 2010, the Department published the notice of initiation 
of this antidumping duty administrative review, covering Huvis and 
Woongjin. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 75 FR 37759 
(June 30, 2010).

Scope of the Order

    Polyester staple fiber (``PSF'') covered by the scope of the order 
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 5503.20.00.25 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. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written description of the merchandise covered by the scope of the 
order is dispositive.

Rescission of Antidumping Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party who requested 
the administrative review withdraws the request within 90 days of the 
date of publication of the notice of initiation of the requested 
administrative review. On June 30, 2010, Petitioners withdrew their 
request for an administrative review of Huvis. On July 1, 2010, Huvis 
also withdrew its request for an administrative review.
    On July 19, 2010, Petitioners withdrew their request for an 
administrative review of Woongjin. Because Petitioners withdrew its 
request for an administrative review of Huvis and Woongjin within the 
90-day period, and Huvis withdrew their request within this time period 
as well, the Department is rescinding this administrative review in 
full in accordance with 19 CFR 351.213(d)(1).

Assessment Instructions

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties at the cash deposit rate in 
effect on the date of entry, for entries during the period May 1, 2009 
through April 30, 2010. The Department intends to issue appropriate 
assessment instructions to CBP 15 days after publication of this notice 
of rescission of administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 subsequent assessment 
of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final 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 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 is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: July 29, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-19610 Filed 8-6-10; 8:45 am]
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