Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 54561-54562 [2012-21873]

Download as PDF Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Notices Type of Review: Regular submission (extension of a currently approved information collection). Affected Public: Individuals or households; Business or other for-profit organizations. Estimated Number of Respondents: 14. Estimated Time per Response: 4 hours for each Request; 4 hours for each Comment. Estimated Total Annual Burden Hours: 56. Estimated Total Annual Cost to Public: $2,800. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: August 29, 2012. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2012–21762 Filed 9–4–12; 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 June 1, 2012, 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, 2010, through April 30, 2011. We gave interested parties an opportunity to tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 19:14 Sep 04, 2012 Jkt 226001 comment on the preliminary results, but we received no comments. 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 5, 2012. FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations, Office 1, 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 June 1, 2012, 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, 77 FR 32503 (June 1, 2012) (Preliminary Results). We invited interested parties to comment on the Preliminary Results. We received no comments from interested parties. 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. Polyester staple fiber 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. Polyester staple fiber 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 polyester staple fiber is excluded from the order. Low-melt polyester staple fiber is defined as a bi-component fiber with an outer sheath that melts at a PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 54561 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. Final Results of the Review We made no changes to our calculations announced in the Preliminary Results. As a result of our review, we determine that a weightedaverage dumping margin of 0.00 percent exists for Far Eastern New Century Corporation for the period May 1, 2010, through April 30, 2011. Assessment Rates In accordance with the Final Modification, we will instruct U.S. Customs and Border Protection (CBP) to liquidate the reviews entries without regard to antidumping duties. See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification). 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 polyester staple fiber 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 0.00 percent; (2) for merchandise exported by manufacturers E:\FR\FM\05SEN1.SGM 05SEN1 54562 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Notices or exporters not covered in this review but covered in the original less-thanfair-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. DEPARTMENT OF COMMERCE Notifications Mahnaz Khan or Yasmin Nair, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0914 or (202) 482– 3183, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD 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 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: August 28, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–21873 Filed 9–4–12; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 19:14 Sep 04, 2012 Jkt 226001 International Trade Administration [A–580–839] Certain Polyester Staple Fiber From the Republic of Korea: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (‘‘the Department’’) initiated an administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea (‘‘the Order’’). The period of review is May 1, 2011, through April 30, 2012. Based on the withdrawal of requests for review, we are now rescinding this administrative review. DATES: Effective Date: September 5, 2012. AGENCY: FOR FURTHER INFORMATION CONTACT: Background On May 1, 2012, the Department published in the Federal Register the notice of opportunity to request an administrative review of the Order for the period of review, May 1, 2011, through April 30, 2012.1 On May 31, 2012, DAK Americas LLC, and Auriga Polymers, Inc. (the successor to Invista, S.a.r.L) (collectively, ‘‘Petitioners’’) timely requested that the Department conduct an administrative review of the following companies: (1) Huvis Corporation (‘‘Huvis’’); (2) Woongjin Chemical Company, Ltd. (‘‘Woongjin’’); and (3) Saehan Industries, Inc. (‘‘Saehan’’).2 On May 31, 2012, Woongjin and Huvis requested that the Department conduct an administrative review of their respective companies.3 Pursuant to these requests, and in accordance with 19 CFR 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 77 FR 25679, 25680 (May 1, 2012). 2 See Letter from Petitioners to the Department, dated May 31, 2012, at 2. 3 See Letter from Woongjin to the Department, dated May 31, 2012, at 1–2; Letter from Huvis to the Department, dated May 31, 2012, at 1–2. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 351.221(c)(1)(i), the Department published a notice initiating the administrative review of Huvis, Woongjin, and Saehan.4 Petitioners withdrew their request for an administrative review of Huvis on July 20, 2012.5 On July 25, 2012, Huvis withdrew its request for an administrative review.6 On August 1, 2012, Petitioners withdrew their requests for an administrative review of Woongjin and Saehan, and Woongjin withdrew its request.7 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, Petitioners withdrew their requests for review of Huvis, Woongjin, and Saehan within 90 days of the date of publication of the notice of initiation. Moreover, Huvis and Woongjin timely withdrew their requests for an administrative review of their respective companies. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. Notification to Importers This notice also 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 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 40565, 40567 (July 10, 2012). 5 See Letter from Petitioners, dated July 20, 2012, at 2. 6 See Letter from Huvis, dated July 25, 2012, at 1–2. 7 See Letter from Petitioner, dated August 1, 2012, at 1–2; Letter from Woongjin, dated August 1, 2012, at 1–2. E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54561-54562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21873]


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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 June 1, 2012, 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, 2010, through April 30, 2011. We gave interested 
parties an opportunity to comment on the preliminary results, but we 
received no comments. 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 5, 2012.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations, 
Office 1, 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 June 1, 2012, 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, 77 FR 32503 (June 1, 2012) 
(Preliminary Results). We invited interested parties to comment on the 
Preliminary Results. We received no comments from interested parties.
    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. 
Polyester staple fiber 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. Polyester staple 
fiber 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 polyester staple 
fiber is excluded from the order. Low-melt polyester staple fiber 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.

Final Results of the Review

    We made no changes to our calculations announced in the Preliminary 
Results. As a result of our review, we determine that a weighted-
average dumping margin of 0.00 percent exists for Far Eastern New 
Century Corporation for the period May 1, 2010, through April 30, 2011.

Assessment Rates

    In accordance with the Final Modification, we will instruct U.S. 
Customs and Border Protection (CBP) to liquidate the reviews entries 
without regard to antidumping duties. See Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment Rate 
in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012) (Final Modification).
    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 polyester staple fiber 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 0.00 
percent; (2) for merchandise exported by manufacturers

[[Page 54562]]

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: August 28, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21873 Filed 9-4-12; 8:45 am]
BILLING CODE 3510-DS-P