Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 57955-57956 [2011-24010]

Download as PDF Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 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 violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: September 12, 2011. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–24007 Filed 9–16–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–833] Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 21, 2011, 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, 2009, through April 30, 2010. We gave interested parties an opportunity to comment on the preliminary results. We received comments from Far Eastern New Century Corporation. The final weighted-average dumping margin for Far Eastern New Century Corporation is listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: September 19, 2011. FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background On April 21, 2011, 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 VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 Certain Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 22366 (April 21, 2011) (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 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 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 Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated concurrently with this notice (Decision Memorandum), and hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded in the Decision Memorandum is attached to PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 57955 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 7046, and is accessible on the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Results of Cost Test For these final results, we continue to find that, for certain products, more than 20 percent of the respondent’s sales in the home market were at prices below the cost of production and the below-cost sales were made within an extended period of time in substantial quantities. In addition, these sales were made at prices that did not permit the recovery of costs within a reasonable period of time. Therefore, we disregarded these sales and used the remaining sales of the same product as the basis for determining normal value in accordance with section 773(b)(1) of the Act. Final Results of the Review We made one change to our calculations announced in the Preliminary Results. In calculating the cost of production in the Preliminary Results, we inadvertently used the ratio for general and administrative expenses reported by Far Eastern New Century Corporation in its initial response to our questionnaire rather than a correction to this ratio which the respondent provided in a subsequent submission. In these final results we employed the subsequently reported ratio. This change had no effect on the weightedaverage dumping margin determined for Far Eastern New Century Corporation. As a result of our review, we determine that a weighted-average dumping margin of 2.92 percent exists for Far Eastern New Century Corporation for the period May 1, 2009, through April 30, 2010. 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 New Century Corporation 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 New Century Corporation 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 E:\FR\FM\19SEN1.SGM 19SEN1 57956 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 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 New Century Corporation 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 cashdeposit rate for Far Eastern New Century Corporation will be 2.92 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 cashdeposit requirements shall remain in effect until further notice. VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 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: September 13, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix 1. Zeroing 2. G&A Ratio [FR Doc. 2011–24010 Filed 9–16–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Executive Business Development Mission; Clarification and Amendment International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service (CS) is publishing this supplement to the Notice of the Renewable Energy and Energy Efficiency Executive Business Development Mission, 76 FR, No. 140, July 21, 2011, to clarify eligibility and amend the Notice to revise the dates and provide for selection of applicants on a rolling basis. SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Amendments To Revise the Dates and Provide for Selection of Applicants on a Rolling Basis Background Recruitment for this Mission began at the end of June, and some pending applicants have indicated a need to finalize their schedules and travel arrangements for upcoming holidays and end of fiscal 2011 year financial reports. Rather than wait until after the October 17, 2011 deadline to vet all applicants and make selection decisions, CS is amending the Notice to allow for vetting and selection decisions on a rolling basis beginning September 1, 2011, until the maximum of 20 participants is selected. Although applications will be accepted through October 17th (and after that date if space remains and scheduling constraints permit), interested U.S. renewable energy firms and trade organizations which have not already submitted an application are encouraged to do so as soon as possible. Amendments 1. For the reasons stated above, the Timeframe for Recruitment and Applications section of the Notice of the Renewable Energy and Energy Efficiency Executive Business Development Mission, 76 FR, No. 140, July 21, 2011, is amended to read as follows: Timeframe for Recruitment and Applications Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://export.gov/ trademissions) and other Internet Web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for this mission will conclude no later than October 17, 2011. The U.S. Department of Commerce will review applications and make selection decisions on a rolling basis beginning August 31, 2011. We will inform all applicants of selection decisions on a rolling basis. Applications received after the October 17 deadline will be considered only if space and scheduling constraints permit. FOR FURTHER INFORMATION CONTACT: Michael Lally, Commercial Officer. E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 57955-57956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24010]


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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 April 21, 2011, 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, 2009, through April 30, 2010. We gave interested 
parties an opportunity to comment on the preliminary results. We 
received comments from Far Eastern New Century Corporation. The final 
weighted-average dumping margin for Far Eastern New Century Corporation 
is listed below in the ``Final Results of the Review'' section of this 
notice.

DATES: Effective Date: September 19, 2011.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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.

Background

    On April 21, 2011, 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, 76 FR 22366 (April 21, 2011) 
(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 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 
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 Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, dated concurrently with this notice (Decision 
Memorandum), and hereby adopted by this notice. A list of the issues 
which parties have raised and to which we have responded in the 
Decision Memorandum is 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 
7046, and is accessible on the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Results of Cost Test

    For these final results, we continue to find that, for certain 
products, more than 20 percent of the respondent's sales in the home 
market were at prices below the cost of production and the below-cost 
sales were made within an extended period of time in substantial 
quantities. In addition, these sales were made at prices that did not 
permit the recovery of costs within a reasonable period of time. 
Therefore, we disregarded these sales and used the remaining sales of 
the same product as the basis for determining normal value in 
accordance with section 773(b)(1) of the Act.

Final Results of the Review

    We made one change to our calculations announced in the Preliminary 
Results. In calculating the cost of production in the Preliminary 
Results, we inadvertently used the ratio for general and administrative 
expenses reported by Far Eastern New Century Corporation in its initial 
response to our questionnaire rather than a correction to this ratio 
which the respondent provided in a subsequent submission. In these 
final results we employed the subsequently reported ratio. This change 
had no effect on the weighted-average dumping margin determined for Far 
Eastern New Century Corporation. As a result of our review, we 
determine that a weighted-average dumping margin of 2.92 percent exists 
for Far Eastern New Century Corporation for the period May 1, 2009, 
through April 30, 2010.

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 New Century Corporation 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 New 
Century Corporation 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

[[Page 57956]]

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 New 
Century Corporation 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 New Century Corporation will be 2.92 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: September 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

    1. Zeroing
    2. G&A Ratio

[FR Doc. 2011-24010 Filed 9-16-11; 8:45 am]
BILLING CODE 3510-DS-P