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

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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 https://ia.ita.doc.gov/frn/. 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