Certain Polyester Staple Fiber From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, and Revocation of an Order in Part, 69702-69703 [2011-29050]

Download as PDF 69702 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices use). All temporary roads will be closed and hydrologically stabilized at the end of the project. No new roads will be added to the National Forest System. The Forest Service developed project design features to mitigate adverse environmental impacts of the proposed action to forest resources. To view project design features, maps, and additional information about this project please visit the following Web site: https://www.fs.fed.us/nepa/fs-usdapop.php/?project=30290. Responsible Official The Responsible Official for this project is the Forest Supervisor for the Klamath National Forest, Patricia A. Grantham, 1312 Fairlane Road, Yreka, California 96097. Nature of Decision To Be Made The Forest Service is the lead agency for the project. Based on the result of the NEPA analysis, the Forest Supervisor’s record of decision regarding the Pumice Vegetation Management Project will recommend implementation of one of the following: (1) The proposed action; (2) an alternative to the proposed action; or (3) the no-action alternative. The record of decision will also document the consistency of the selected alternative with the Klamath National Forest Land and Resource Management Plan (1995, as amended). emcdonald on DSK5VPTVN1PROD with NOTICES Scoping Process This notice of intent initiates the scoping process, which guides the development of the EIS. To be considered for EIS development, comments should be submitted prior to the close of this comment period. To be most helpful to the agency for alternative development and effects analysis, comments should be as specific as possible and discuss potentially significant issues, points of discussion, dispute, or debate about the effects of the proposed action. Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public project record. Comments submitted anonymously will be accepted and considered; however, anonymous comments will not provide the agency with the ability to provide the respondent with subsequent environmental documents. See the ADDRESSES section at the beginning of this notice for more information about how and when to submit comments. VerDate Mar<15>2010 18:04 Nov 08, 2011 Jkt 226001 Dated: November 1, 2011. Patricia A. Grantham, Forest Supervisor, Klamath National Forest. DEPARTMENT OF COMMERCE [FR Doc. 2011–29046 Filed 11–8–11; 8:45 am] [A–570–905] International Trade Administration BILLING CODE 3410–11–P COMMISSION ON CIVIL RIGHTS Sunshine Act Notice Certain Polyester Staple Fiber From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, and Revocation of an Order in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 8, 2011, the Department of Commerce (‘‘Department’’) published in the DATE AND TIME: Friday, November 18, Federal Register the Preliminary Results 2011; 9:30 a.m. EST. of the 2009–2010 administrative review PLACE: 624 Ninth Street NW., Room 540, of the antidumping duty order on Washington, DC 20425. certain polyester staple fiber from the People’s Republic of China (‘‘PRC’’).1 Meeting Agenda We gave interested parties an This meeting is open to the public. opportunity to comment on the I. Approval of Agenda Preliminary Results. None were received. As such, these final results do II. Approval of the October 21, 2011 not differ from the Preliminary Results. Meeting Minutes We find that the mandatory respondents III. Program Planning Update and in this review, Ningbo Dafa Chemical discussion of projects: Fiber Co., Ltd. (‘‘Ningbo Dafa’’) and Cixi • Update on 2012 Statutory Santai Chemical Fiber Co., Ltd. (‘‘Cixi Enforcement Report planning Santai’’) did not sell subject • Update on Trafficking Briefing merchandise at less than normal value planning during the period of review (‘‘POR’’), • Approval of School Discipline June 1, 2009, through May 31, 2010. The Report—Findings and final dumping margin for this Recommendations administrative review is listed in the • Review of Concept Papers/Approval ‘‘Final Results of Review’’ section IV. Management and Operations below. • Staff Director’s report DATES: Effective Date: November 9, • Budget/Appropriations update 2011. • Discussion of the use of FOR FURTHER INFORMATION CONTACT: Commission Letterhead/Approval Steven Hampton, AD/CVD Operations, of AI Office 9, Import Administration, • Discussion on Implementation of International Trade Administration, Page Limits for Commissioner Department of Commerce, 14th Street Statements/Approval and Constitution Avenue NW., V. State Advisory Committee Issues: Washington, DC 20230; telephone: (202) • Re-chartering the Arizona SAC 482–0116. • Re-chartering the Hawaii SAC SUPPLEMENTARY INFORMATION: VI. Adjourn Background CONTACT PERSON FOR FURTHER As noted above, on July 8, 2011, the INFORMATION: Lenore Ostrowsky, Acting Department published the Preliminary Chief, Public Affairs Unit (202) 376– Results of the administrative review of 8591. certain polyester staple fiber from the Hearing-impaired persons who will PRC. The Department did not receive attend the meeting and require the comments from interested parties on our services of a sign language interpreter should contact Pamela Dunston at (202) Preliminary Results. 376–8105 or at signlanguage@usccr.gov Changes Since the Preliminary Results at least seven business days before the We have not made any changes to our scheduled date of the meeting. Preliminary Results. AGENCY: United States Commission on Civil Rights. ACTION: Notice of meeting. AGENCY: Dated: November 7, 2011. Kimberly A. Tolhurst, Senior Attorney-Advisor. [FR Doc. 2011–29134 Filed 11–7–11; 4:15 pm] BILLING CODE 6335–01–P PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1 See Certain Polyester Staple Fiber From the People’s Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review, and Intent To Revoke Order in Part, 76 FR 40329 (July 8, 2011) (‘‘Preliminary Results’’). E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices Scope of the Order The merchandise subject to the order is 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 subject merchandise may be coated, usually with a silicon or other finish, or not coated. Polyester staple fiber is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. The following products are excluded from the scope of the order: (1) Polyester staple fiber of less than 3.3 decitex (less than 3 denier) currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 5503.20.0025 and known to the industry as polyester staple fiber for spinning and generally used in woven and knit applications to produce textile and apparel products; (2) polyester staple fiber of 10 to 18 denier that are cut to lengths of 6 to 8 inches and that are generally used in the manufacture of carpeting; and (3) low-melt polyester staple fiber defined as a bi-component fiber with an outer, non-polyester sheath that melts at a significantly lower temperature than its inner polyester core (classified at HTSUS 5503.20.0015). Certain polyester staple fiber is classifiable under the HTSUS subheadings 5503.20.0045 and 5503.20.0065. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive. emcdonald on DSK5VPTVN1PROD with NOTICES Revocation of Order, in Part In the Preliminary Results, we preliminarily determined that Ningbo Dafa and Cixi Santai qualify for revocation from the antidumping duty order on certain polyester staple fiber from the PRC, and invited parties to comment. None were received. Accordingly, in accordance with 19 CFR 351.222(b)(2)(ii), we are revoking the order on certain polyester staple fiber from the PRC manufactured and exported by Ningbo Dafa or Cixi Santai to the United States. Final Results of Review The dumping margins for the POR are as follows: VerDate Mar<15>2010 18:04 Nov 08, 2011 Jkt 226001 Antidumping duty margin (percent) Company Ningbo Dafa Chemical Fiber Co., Ltd. ............... Cixi Santai Chemical Fiber Co., Ltd. ........................ Hangzhou Sanxin Paper Co., Ltd. ........................ Zhaoqing Tifo New Fiber Co., Ltd. ........................ Huvis Sichuan Chemical Fiber Corporation .......... Zhejiang Waysun Chemical Fiber Co., Ltd. ........ 0.00 0.00 69703 rate will be the rate applicable to the PRC exporters that supplied that nonPRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 4.44 to file a certificate regarding the reimbursement of antidumping duties 4.44 prior to liquidation of the relevant entries during this POR. Failure to 4.44 comply with this requirement could result in the Department’s presumption Assessment that reimbursement of antidumping Upon issuance of the final results, the duties has occurred and the subsequent Department will determine, and U.S. assessment of doubled antidumping Customs and Border Protection (‘‘CBP’’) duties. shall assess, antidumping duties on all Administrative Protective Orders appropriate entries. The Department intends to issue assessment instructions This notice also serves as a reminder to CBP 15 days after the date of to parties subject to administrative publication of the final results of protective order (‘‘APO’’) of their review. Pursuant to 19 CFR responsibility concerning the return or 351.212(b)(1), we will calculate destruction of proprietary information importer-specific (or customer) ad disclosed under APO in accordance valorem duty assessment rates based on with 19 CFR 351.305, which continues the ratio of the total amount of the to govern business proprietary dumping margins calculated for the information in this segment of the examined sales to the total entered proceeding. Timely written notification value of those same sales. In accordance of the return/destruction of APO with 19 CFR 351.106(c)(2), we will materials or conversion to judicial instruct CBP to liquidate, without regard protective order is hereby requested. to antidumping duties, all entries of Failure to comply with the regulations subject merchandise during the POR for and terms of an APO is a violation which the importer-specific assessment which is subject to sanction. rate is zero or de minimis. We are issuing and publishing this administrative review and notice in Cash Deposit Requirements accordance with sections 751(a)(1) and The following cash deposit 777(i) of the Act. requirements will be effective upon Dated: November 2, 2011. publication of the final results of this Paul Piquado, administrative review for all shipments of the subject merchandise entered, or Assistant Secretary for Import Administration. withdrawn from warehouse, for consumption on or after the publication [FR Doc. 2011–29050 Filed 11–8–11; 8:45 am] date, as provided for by section BILLING CODE 3510–DS–P 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the DEPARTMENT OF COMMERCE final results of review (except, if the rate International Trade Administration is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be [A–580–816] required for that company); (2) for previously investigated or reviewed PRC Corrosion-Resistant Carbon Steel Flat and non-PRC exporters not listed above Products From the Republic of Korea: that have separate rates, the cash Notice of Extension of Time Limit for deposit rate will continue to be the the Final Results of Antidumping Duty exporter-specific rate published for the Administrative Review most recent period; (3) for all PRC exporters of subject merchandise which AGENCY: Import Administration, International Trade Administration, have not been found to be entitled to a Department of Commerce. separate rate, the cash deposit rate will be the PRC-wide rate of 44.3 percent; FOR FURTHER INFORMATION CONTACT: and (4) for all non-PRC exporters of Victoria Cho at (202) 482–3797, AD/ subject merchandise which have not CVD Operations, Office 3, Import received their own rate, the cash deposit Administration, International Trade PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 4.44 E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69702-69703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29050]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, and 
Revocation of an Order in Part

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

SUMMARY: On July 8, 2011, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the 2009-
2010 administrative review of the antidumping duty order on certain 
polyester staple fiber from the People's Republic of China 
(``PRC'').\1\ We gave interested parties an opportunity to comment on 
the Preliminary Results. None were received. As such, these final 
results do not differ from the Preliminary Results. We find that the 
mandatory respondents in this review, Ningbo Dafa Chemical Fiber Co., 
Ltd. (``Ningbo Dafa'') and Cixi Santai Chemical Fiber Co., Ltd. (``Cixi 
Santai'') did not sell subject merchandise at less than normal value 
during the period of review (``POR''), June 1, 2009, through May 31, 
2010. The final dumping margin for this administrative review is listed 
in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Certain Polyester Staple Fiber From the People's 
Republic of China: Notice of Preliminary Results of the Antidumping 
Duty Administrative Review, and Intent To Revoke Order in Part, 76 
FR 40329 (July 8, 2011) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: November 9, 2011.

FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0116.

SUPPLEMENTARY INFORMATION: 

Background

    As noted above, on July 8, 2011, the Department published the 
Preliminary Results of the administrative review of certain polyester 
staple fiber from the PRC. The Department did not receive comments from 
interested parties on our Preliminary Results.

Changes Since the Preliminary Results

    We have not made any changes to our Preliminary Results.

[[Page 69703]]

Scope of the Order

    The merchandise subject to the order is 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 subject merchandise may be coated, usually with a 
silicon or other finish, or not coated. Polyester staple fiber is 
generally used as stuffing in sleeping bags, mattresses, ski jackets, 
comforters, cushions, pillows, and furniture.
    The following products are excluded from the scope of the order: 
(1) Polyester staple fiber of less than 3.3 decitex (less than 3 
denier) currently classifiable in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') at subheading 5503.20.0025 and known to the 
industry as polyester staple fiber for spinning and generally used in 
woven and knit applications to produce textile and apparel products; 
(2) polyester staple fiber of 10 to 18 denier that are cut to lengths 
of 6 to 8 inches and that are generally used in the manufacture of 
carpeting; and (3) low-melt polyester staple fiber defined as a bi-
component fiber with an outer, non-polyester sheath that melts at a 
significantly lower temperature than its inner polyester core 
(classified at HTSUS 5503.20.0015).
    Certain polyester staple fiber is classifiable under the HTSUS 
subheadings 5503.20.0045 and 5503.20.0065. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise under the order is dispositive.

Revocation of Order, in Part

    In the Preliminary Results, we preliminarily determined that Ningbo 
Dafa and Cixi Santai qualify for revocation from the antidumping duty 
order on certain polyester staple fiber from the PRC, and invited 
parties to comment. None were received. Accordingly, in accordance with 
19 CFR 351.222(b)(2)(ii), we are revoking the order on certain 
polyester staple fiber from the PRC manufactured and exported by Ningbo 
Dafa or Cixi Santai to the United States.

Final Results of Review

    The dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                                        Antidumping duty
                        Company                              margin
                                                            (percent)
------------------------------------------------------------------------
Ningbo Dafa Chemical Fiber Co., Ltd...................              0.00
Cixi Santai Chemical Fiber Co., Ltd...................              0.00
Hangzhou Sanxin Paper Co., Ltd........................              4.44
Zhaoqing Tifo New Fiber Co., Ltd......................              4.44
Huvis Sichuan Chemical Fiber Corporation..............              4.44
Zhejiang Waysun Chemical Fiber Co., Ltd...............              4.44
------------------------------------------------------------------------

Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the POR 
for which the importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 44.3 percent; 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporters that supplied that non-PRC exporter. 
The deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

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 with 19 CFR 351.305, 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 administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: November 2, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29050 Filed 11-8-11; 8:45 am]
BILLING CODE 3510-DS-P

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