Certain Polyester Staple Fiber From the Republic of Korea: Final Results of the 2008-2009 Antidumping Duty Administrative Review, 64252-64254 [2010-26267]
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64252
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the
country-specific all-others rate
established in the less-than-fair-value
(‘‘LTFV’’) investigation if there is no rate
for the intermediate company(ies)
involved in the transaction.
Cash Deposit Requirements
The following antidumping duty
deposit rates will be effective upon
publication of this notice of final results
of the administrative review for all
shipments of welded pipe and tube from
Turkey entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of these final
results, as provided by section 751(a)(1)
of the Act: (1) For the companies subject
to this review, the cash deposit rate will
be the rates listed above; (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 final results in which that
manufacturer or exporter participated;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
original LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent final results for the manufacturer
of the merchandise; and, (4) if neither
the exporter nor the manufacturer is a
firm covered in this or any previous
review conducted by the Department,
the cash deposit rate will be 14.74
percent, the all-others rate established
in the LTFV investigation.7 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
mstockstill on DSKH9S0YB1PROD with NOTICES
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 double antidumping
duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective orders (‘‘APO’’)
7 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784 (May 15, 1986).
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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 return/
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 of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
1. Treatment of ‘‘Negative Dumping Margins’’
(Zeroing)
2. Method of Indexing Quarterly Costs
3. Borusan’s Duty Drawback
[FR Doc. 2010–26271 Filed 10–18–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Certain Polyester Staple Fiber From
the Republic of Korea: Final Results of
the 2008–2009 Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2010, the
Department of Commerce published the
preliminary results of the ninth
administrative review of the
antidumping duty order on certain
polyester staple fiber from the Republic
of Korea and invited interested parties
to comment. The review covers
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 no 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.
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT: Seth
Isenberg or Patricia Tran, Office 1, AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
AGENCY:
PO 00000
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telephone: (202) 482–0588 and (202)
482–1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2010, the Department of
Commerce (‘‘the Department’’) published
Certain Polyester Staple Fiber from the
Republic of Korea: Preliminary Results
of the 2008–2009 Antidumping Duty
Administrative Review, 75 FR 33783
(June 15, 2010) (‘‘Preliminary Results’’)
in the Federal Register. On July 15,
2010, we received a case brief from
Huvis Corporation (‘‘Huvis’’) concerning
the Preliminary Results. On July 20,
2010, the Department released a postpreliminary calculation memo with our
analysis of cost and price data
submitted by Huvis on April 16, 2010,
April 27, 2010 and May 28, 2010. See
2008–2009 Administrative Review of
the Antidumping Duty Order on Certain
Polyester Staple Fiber from the Republic
of Korea: Post-Preliminary Analysis
Calculation Memorandum for Huvis
Corporation (dated July 6, 2010) (‘‘PostPrelim Memo’’).
Based on that analysis, the
Department determined that application
of the Department’s quarterly costing
methodology was not warranted and, as
a result, recommended no change to the
findings in the Preliminary Results.
Therefore, we invited interested parties
to comment on the Preliminary Results
and the Post-Prelim Memo.
On July 26, 2010, we received case
briefs from DAK Americas, LLC and
Invista, S.a.r.L., (collectively,
‘‘Petitioners’’) and Huvis concerning the
Post-Prelim Memo. On August 2, 2010,
the Department received a rebuttal brief
from Huvis. A public hearing was not
requested.
Scope of the Order
For the purposes of the 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 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 is specifically
excluded from the order. Also
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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
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
under the order is dispositive.
Period of Review
The period of review (‘‘POR’’) is May
1, 2008, through April 30, 2009.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the Department’s
October 7, 2010, Issues and Decision
Memorandum for the 2008/09
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. This report is on
file in the Department’s Central Records
Unit in room 7046 of the main
Department building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Web at https://ia.ita doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
mstockstill on DSKH9S0YB1PROD with NOTICES
Fair Value Comparisons
To determine whether sales of PSF
from the Republic of 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,
and the cost of production, based on the
same methodologies used in the
Preliminary Results.
Final Results of the Review
We find that the following margin
percentage exists for the period May 1,
2008, through April 30, 2009:
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16:24 Oct 18, 2010
Jkt 223001
Manufacturer
Weighted-average margin
percentage
Huvis Corporation ...
0.94
Assessment Rates
Huvis submitted evidence
demonstrating that it was the importer
of record for certain of its POR sales. We
examined the customs entry
documentation submitted by Huvis and
tied it to the U.S. sales listing.
Therefore, for purposes of calculating
the importer-specific assessment rates,
we have treated Huvis 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
have 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.
Regarding sales where Huvis was not
the importer of record, we note that
Huvis did not report the entered value
for the U.S. sales in question.
Accordingly, we have calculated
importer-specific per-unit duty
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, we calculated
importer-specific ad valorem rates based
on the estimated entered value.
Pursuant to 19 CFR 351.106(c)(2), we
will instruct U.S. Customs and Border
Protection (‘‘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 intends to issue
assessment instructions directly to CBP
15 days after publication of the 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 Huvis for which Huvis 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. Id.
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64253
Cash Deposit Rates
The following antidumping duty
deposits will be required on all
shipments of certain PSF from the
Republic of 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 merchandise exported
by manufacturers or exporters not
covered in this review but covered in
the original less-than-fair-value
investigation or a previous review, the
cash deposit rate will continue to be the
most recent rate published in the final
determination or final results for which
the manufacturer or exporter received
an individual rate; (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 allothers 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 order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
E:\FR\FM\19OCN1.SGM
19OCN1
64254
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
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.
is listed below in the section entitled
‘‘Final Results of Review.’’
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards or Dena Crossland, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–8029 or (202) 482–
3362, respectively.
SUPPLEMENTARY INFORMATION:
Dated: October 7, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Background
On April 14, 2010, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on hot-rolled steel from Brazil for the
period March 1, 2008, to February 28,
2009. See Preliminary Results. As noted
in the preliminary results, the
Department conducted cost and sales
verifications of USIMINAS’
questionnaire responses from March 1,
2010, through March 5, 2010, and
March 8, 2010, through March 12, 2010,
respectively. See Preliminary Results at
19372. Due to the necessary
rescheduling of the verifications, the
Department issued its verification
reports subsequent to the Preliminary
Results. See Memorandum to the File,
from Laurens Van Houten, Senior
Accountant, titled ‘‘Verification of the
Cost Response of Usinas Siderurgicas de
Minas Gerais (‘Usiminas’) and
Companhia Siderurgica Paulista
(‘Cosipa’) in the Antidumping Review of
Hot-Rolled Steel from Brazil,’’ dated
April 16, 2010 (USIMINAS Cost
Verification Report); see also,
Memorandum to the File, from Patrick
Edwards and Dena Crossland, Analysts,
titled ‘‘Verification of the Sales
Responses of Usinas Siderurgicas de
Minas Gerais (USIMINAS) and
Companhia Siderurgica Paulista
(COSIPA) in the Antidumping Review
of Certain Hot-Rolled Flat-Rolled
Carbon Quality Steel Products from
Brazil,’’ dated June 22, 2010 (USIMINAS
Sales Verification Report). Following
the release of both verification reports,
the Department issued a letter to
USIMINAS requesting specific changes
to its sales database based upon
USIMINAS’ disclosure of minor errors
at the onset of the sales verification and
findings made by the Department during
the verification. See Letter from
Angelica L. Mendoza, Program Manager,
to USIMINAS, titled ‘‘Requested
Changes to Sales Databases Resulting
from Sales Verification,’’ dated June 23,
2010. USIMINAS submitted its response
and revised databases on July 8, 2010,
APPENDIX I
List of Comments in the Decision
Memorandum
Comment 1: Offsetting Negative Margins
Comment 2: Quarterly Cost Methodology
[FR Doc. 2010–26267 Filed 10–18–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–828]
Certain Hot-Rolled Flat-Rolled Carbon
Quality Steel Products From Brazil;
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 14, 2010, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
hot-rolled, flat-rolled carbon quality
steel products (hot-rolled steel) from
Brazil. See Certain Hot-Rolled FlatRolled Carbon Quality Steel Products
From Brazil: Preliminary Results of
Antidumping Duty Administrative
Review and Extension of Time Limit for
the Final Results, 75 FR 19369 (April
14, 2010) (Preliminary Results). This
review covers sales of subject
merchandise made by Usinas
Siderurgicas de Minas Gerais
(USIMINAS) and Companhia
Siderurgica Paulista (COSIPA)
(collectively, USIMINAS) for the period
March 1, 2008, to February 28, 2009.
Based on our analysis of the comments
received, we have made changes to the
margin calculation; therefore, the final
results differ from the preliminary
results. The final weighted-average
dumping margin for the reviewed firms
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY:
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which served as the start of the period
in which parties could submit
comments and rebuttal comments on
the Preliminary Results.
In response to the Department’s
invitation for comments on the
preliminary results of this review,
USIMINAS timely submitted its case
brief on July 1, 2010. See Letter from
USIMINAS and COSIPA to the
Department of Commerce, titled
‘‘Submission of Case Brief: Hot-Rolled
Steel from Brazil,’’ dated July 1, 2010
(USIMINAS Case Brief). United States
Steel Corporation (U.S. Steel), a
petitioning party in this proceeding
(petitioner), submitted its case brief on
July 21, 2010. See Letter from United
States Steel Corporation, titled ‘‘Case
Brief: Certain Hot-Rolled Carbon Steel
Flat Products from Brazil,’’ dated July
21, 2010 (U.S. Steel Case Brief). On July
28, 2010, U.S. Steel and Nucor
Corporation (Nucor), a domestic
interested party in this proceeding,
submitted their rebuttal briefs. See
Letter from United States Steel
Corporation, titled ‘‘Rebuttal Brief:
Certain Hot-Rolled Carbon Steel Flat
Products from Brazil,’’ dated July 28,
2010 (U.S. Steel Rebuttal Brief); see
also, Letter from Nucor Corporation,
titled ‘‘Certain Hot-Rolled Carbon Steel
Flat Products from Brazil: Rebuttal
Brief,’’ dated July 28, 2010 (Nucor
Rebuttal Brief). No public hearing was
requested or held.
Period of Review
The period of review (POR) is March
1, 2008, to February 28, 2009.
Scope of the Order
For purposes of this order, the
products covered are certain hot-rolled
flat-rolled carbon-quality steel products
of a rectangular shape, of a width of 0.5
inch or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers)
regardless of thickness, and in straight
lengths, of a thickness less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm and of a thickness
of not less than 4 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of this order.
Specifically included in this scope are
vacuum degassed, fully stabilized
(commonly referred to as interstitial-free
(IF)) steels, high strength low alloy
E:\FR\FM\19OCN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64252-64254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26267]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Certain Polyester Staple Fiber From the Republic of Korea: Final
Results of the 2008-2009 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2010, the Department of Commerce published the
preliminary results of the ninth administrative review of the
antidumping duty order on certain polyester staple fiber from the
Republic of Korea and invited interested parties to comment. The review
covers 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 no 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.
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Patricia Tran, 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-
0588 and (202) 482-1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2010, the Department of Commerce (``the Department'')
published Certain Polyester Staple Fiber from the Republic of Korea:
Preliminary Results of the 2008-2009 Antidumping Duty Administrative
Review, 75 FR 33783 (June 15, 2010) (``Preliminary Results'') in the
Federal Register. On July 15, 2010, we received a case brief from Huvis
Corporation (``Huvis'') concerning the Preliminary Results. On July 20,
2010, the Department released a post-preliminary calculation memo with
our analysis of cost and price data submitted by Huvis on April 16,
2010, April 27, 2010 and May 28, 2010. See 2008-2009 Administrative
Review of the Antidumping Duty Order on Certain Polyester Staple Fiber
from the Republic of Korea: Post-Preliminary Analysis Calculation
Memorandum for Huvis Corporation (dated July 6, 2010) (``Post-Prelim
Memo'').
Based on that analysis, the Department determined that application
of the Department's quarterly costing methodology was not warranted
and, as a result, recommended no change to the findings in the
Preliminary Results. Therefore, we invited interested parties to
comment on the Preliminary Results and the Post-Prelim Memo.
On July 26, 2010, we received case briefs from DAK Americas, LLC
and Invista, S.a.r.L., (collectively, ``Petitioners'') and Huvis
concerning the Post-Prelim Memo. On August 2, 2010, the Department
received a rebuttal brief from Huvis. A public hearing was not
requested.
Scope of the Order
For the purposes of the 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 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 is specifically excluded from the order. Also
[[Page 64253]]
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 under the order is
dispositive.
Period of Review
The period of review (``POR'') is May 1, 2008, through April 30,
2009.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Department's October 7, 2010, Issues
and Decision Memorandum for the 2008/09 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. This report is on file in the Department's Central Records
Unit in room 7046 of the main Department building. 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 the Republic of 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, and the cost of production, based on the same methodologies used
in the Preliminary Results.
Final Results of the Review
We find that the following margin percentage exists for the period
May 1, 2008, through April 30, 2009:
------------------------------------------------------------------------
Weighted-average margin
Manufacturer percentage
------------------------------------------------------------------------
Huvis Corporation........................ 0.94
------------------------------------------------------------------------
Assessment Rates
Huvis submitted evidence demonstrating that it was the importer of
record for certain of its POR sales. We examined the customs entry
documentation submitted by Huvis and tied it to the U.S. sales listing.
Therefore, for purposes of calculating the importer-specific assessment
rates, we have treated Huvis 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 have 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.
Regarding sales where Huvis was not the importer of record, we note
that Huvis did not report the entered value for the U.S. sales in
question. Accordingly, we have calculated importer-specific per-unit
duty 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, we calculated
importer-specific ad valorem rates based on the estimated entered
value.
Pursuant to 19 CFR 351.106(c)(2), we will instruct U.S. Customs and
Border Protection (``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 intends to issue assessment
instructions directly to CBP 15 days after publication of the 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 Huvis for which Huvis 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. Id.
Cash Deposit Rates
The following antidumping duty deposits will be required on all
shipments of certain PSF from the Republic of 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 merchandise exported
by manufacturers or exporters not covered in this review but covered in
the original less-than-fair-value investigation or a previous review,
the cash deposit rate will continue to be the most recent rate
published in the final determination or final results for which the
manufacturer or exporter received an individual rate; (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 order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance
[[Page 64254]]
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: October 7, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Decision Memorandum
Comment 1: Offsetting Negative Margins
Comment 2: Quarterly Cost Methodology
[FR Doc. 2010-26267 Filed 10-18-10; 8:45 am]
BILLING CODE 3510-DS-P
