Certain Polyester Staple Fiber From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 2366-2368 [2013-00463]
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices
received timely requests for an AD
review from SRF and Jindal.4 On August
30, 2012, the Department published a
notice of initiation of administrative
review with respect to Ester, Garware,
Jindal, Polyplex, and SRF.5 On
September 26, 2012, one of the
petitioners (DuPont Teijin Films)
withdrew its request for an AD
administrative review of all the
companies for which reviews were
initiated.6 Finally, on November 30,
2012, the remaining petitioners
(Mitsubishi Polyester Film, Inc., SKC,
Inc., and Toray Plastics (America), Inc.)
submitted a withdrawal request for Ester
and Garware only.7
mstockstill on DSK4VPTVN1PROD with
Rescission, in Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Petitioners’
September 26, 2012, and November 30,
2012, withdrawal requests were
submitted within the 90-day period and
thus are timely.8 Because Petitioners’
withdrawals of their requests for review
are timely and because no other party
requested a review of Ester and
Garware, we are rescinding this review
with respect to these companies, in
accordance with 19 CFR 351.213(d)(1).
The requests from Mitsubishi Polyester
Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. for an administrative
review of Jindal, Polyplex, and SRF
have not been withdrawn. As such, we
4 See Polyethylene Terephthalate (PET) Film from
India/Request for Antidumping Admin Review/
Jindal Poly Films Limited (July 30, 2012) and
Polyethylene Terephthalate (PET) Film from India/
Request for Antidumping Admin Review/SRF
Limited (July 30, 2012).
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 52688
(August 30, 2012).
6 See Polyethylene Terephthalate (PET) Film,
Sheet, and Strip from India: Withdrawal of DuPont
Teijin Films’ Request for Antidumping Duty
Administrative Review (September 26, 2012).
7 See Polyethylene Terephthalate (PET) Film,
Sheet, and Strip from India: Partial Withdrawal of
Request for Antidumping Duty Administrative
Review (November 30, 2012).
8 The 90th day fell on November 28, 2012;
however, as explained in the memorandum from
the Assistant Secretary for Import Administration,
the Department has exercised its discretion to toll
deadlines for the duration of the closure of the
Federal Government from October 29, through
October 30, 2012. Thus, all deadlines in this
segment of the proceeding have been extended by
two days. The revised deadline for filing a
withdrawal request was November 30, 2012. See
Memorandum to the Record from Paul Piquado,
Assistant Secretary for Import Administration,
regarding ‘‘Tolling of Administrative Deadlines As
a Result of the Government Closure During
Hurricane Sandy’’ (October 31, 2012).
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are not rescinding the review with
respect to these three companies. For
the review, the Department will proceed
with individual examination of the two
previously selected mandatory
respondents, Jindal and SRF.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess ADs on all appropriate entries.
Subject merchandise of Ester and
Garware will be assessed ADs at rates
equal to the cash deposit of estimated
ADs 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 assessment instructions
to CBP 15 days after the date of
publication of this notice.
Notification to Importers
This notice serves as a final reminder
to importers for whom this review is
being rescinded, as of the publication
date of this notice, of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of ADs
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 the
ADs occurred and the subsequent
assessment of double ADs.
Notification Regarding Administrative
Protective Orders
This notice also serves as a final
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.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: January 7, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–00469 Filed 1–10–13; 8:45 am]
BILLING CODE 3510–DS–P
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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; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 6, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the Preliminary Results
of the fourth administrative review of
the antidumping duty order on certain
polyester staple fiber (‘‘PSF’’) from the
People’s Republic of China (‘‘PRC’’).1
We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for the final
results. Further, we determine that
Huvis Sichuan Co., Ltd. (‘‘Huvis
Sichuan’’) had no reviewable entries of
subject merchandise during the period
of review (‘‘POR’’).
DATES: Effective January 11, 2013.
FOR FURTHER INFORMATION CONTACT:
Steven Hampton or Susan Pulongbarit,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0116 and (202)
482–4031 respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 6, 2012, the Department
published the Preliminary Results.
Between August 8, 2012, and August 20,
2012, interested parties submitted
surrogate value information and rebuttal
surrogate value comments. Interested
parties were further provided an
opportunity to comment on the
Preliminary Results. On September 21,
2012, the Department received a case
brief from Zhaoqing Tifo New Fiber Co.,
Ltd. On September 28, 2012, the
Department received a rebuttal brief
from DAK Americas LLC.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the memorandum
1 See Certain Polyester Staple Fiber From the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review, 77
FR 39990 (July 6, 2012) (‘‘Preliminary Results’’).
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entitled, ‘‘Certain Polyester Staple Fiber
from the People’s Republic of China:
Issues and Decision Memorandum for
the Final Results of the 2010–2011
Administrative Review’’ (‘‘I&D Memo’’),
which is dated concurrently with and
adopted by this notice. A list of the
issues which parties raised and to
which we respond in the I&D Memo is
attached to this notice as Appendix I.
The I&D Memo is a public document
and is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the I&D Memo can
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
I&D Memo and the electronic versions
of the I&D Memo are identical in
content.
Changes Since the Preliminary Results
The Department has made changes to
the preliminary margin calculation.
Specifically, we:
• Used the 2010 financial statement
of P.T. Tifico Fiber Indonesia Tbk. to
calculate all surrogate financial ratios.2
As a result of that decision, we did not
separately value electricity and water in
the final margin program because these
factors of production are already
captured in the surrogate financial
ratios.
• Corrected various errors as
described in the Analysis Memo and
Surrogate Value Memo.3
Scope of the Order
The merchandise subject to the order
is certain polyester staple fiber.4 The
product is currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) item numbers
5503.20.0045 and 5503.20.0065.
2 See
I&D Memo at Comment II.
Memorandum to the File, through Scot T.
Fullerton, Program Manager, Office 9, from Steven
Hampton, International Trade Analyst, Office 9,
regarding Analysis of the Final Results of the
Fourth Administrative Review for Certain Polyester
Staple Fiber from the People’s Republic of China:
Zhaoqing Tifo New Fibre Co., Ltd., dated January
4, 2013, (‘‘Analysis Memo’’) and Memorandum to
the File, through Scot T. Fullerton, Program
Manager, Office 9, from Steven Hampton,
International Trade Analyst, Office 9, regarding
2010–2011 Antidumping Duty Administrative
Review of Certain Polyester Staple fiber from the
People’s Republic of China: Surrogate Values for the
Final Results dated January 4, 2013 (‘‘Surrogate
Value Memo’’).
4 See I&D Memo for a complete description of the
Scope of the Order.
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3 See
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Although the HTSUS numbers are
provided for convenience and customs
purposes, the written description of the
scope of the order remains dispositive.5
Final Determination of No Shipments
On September 22, 2011, the
Department received a no-shipment
certification from Huvis Sichuan. To
confirm the facts behind this assertion,
the Department issued a no-shipment
inquiry to U.S. Customs Border and
Protection (‘‘CBP’’) requesting that it
provide any information that
contradicted the no-shipment claim.
The Department received no
information from CBP indicating that
there were reviewable transactions from
Huvis Sichuan during the POR.
On August 6, 2012, the Department
received comments on the Preliminary
Results from Huvis Sichuan.6 Huvis
Sichuan noted that the Preliminary
Results should have included notice
that the Department intends to rescind
this review with respect to Huvis
Sichuan. The Department inadvertently
omitted this information from the
Preliminary Results. Therefore, we
determine that Huvis Sichuan had no
reviewable entries of subject
merchandise during the POR. Consistent
with our ‘‘automatic assessment’’
clarification, the Department will issue
appropriate instructions to CBP based
on our final results.7
Final Results of Review
The weighted-average dumping
margins for the POR are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter
Zhaoqing Tifo New Fiber
Co., Ltd .............................
PRC-wide Entity (which includes Far Eastern Industries (Shanghai) Ltd., and
Far Eastern Polychem Industries) ............................
9.98
44.30
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice, in
accordance with section 351.224(b) of
the Department’s regulations.
5 See Notice of Antidumping Duty Order: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 30545 (June 1, 2007).
6 See Letter from Huvis Sichuan regarding Certain
Polyester Staple Fiber from China; 4th
Administrative Review, dated August 6, 2012.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment Practice
Refinement’’); see also the ‘‘Assessment’’ section of
this notice, below.
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2367
Assessment
Upon issuance of the final results, the
Department will determine, and 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 ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales. The Department will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). Where an
importer-specific assessment rate is zero
or de minimis, the Department will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties in accordance with 19 CFR
351.106(c)(2).
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales database
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the NME-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e. at that exporter’s rate) will
be liquidated at the NME-wide rate.8
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 exporter); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have a separate rate, the cash
deposit rate will continue to be the
exporter-specific rate published for the
8 See Assessment Practice Refinement, 76 FR at
65694.
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices
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 44.30 percent, the rate for the PRCwide entity; 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.
Comment 8. Zeroing
Reimbursement of Duties
AGENCY:
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: January 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
mstockstill on DSK4VPTVN1PROD with
Appendix I
Comment 1. Surrogate Value for Steam Coal
Comment 2. Surrogate Financial Ratios
Comment 3. Surrogate Value for Inland
Freight
Comment 4. Surrogate Value for Water
Comment 5. Surrogate Value for Brokerage &
Handling
Comment 6. Ministerial Error
Comment 7. Huvis Sichuan’s No Shipments
Certification
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[FR Doc. 2013–00463 Filed 1–10–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818; A–489–805]
Certain Pasta From Italy and Turkey;
Final Results of Expedited Third
Sunset Reviews of the Antidumping
Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 11, 2013.
SUMMARY: On September 4, 2012, the
Department of Commerce (‘‘the
Department’’) initiated five-year
(‘‘sunset’’) reviews of the antidumping
duty orders on certain pasta (‘‘pasta’’)
from Italy and Turkey. As a result of
these reviews, the Department finds that
revocation of these antidumping orders
would be likely to lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Reviews’’ section of this notice.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3965.
SUPPLEMENTARY INFORMATION:
Background
The Department published
antidumping duty orders on pasta from
Italy and Turkey in July 1996.1 On
September 4, 2012, the Department
initiated sunset reviews of those orders
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).2
On September 20, 2012, the Department
received notices of intent to participate
in these sunset reviews on behalf of
New World Pasta Company, Dakota
Growers Pasta Company, A. Zerga’s
Sons, Inc., Philadelphia Macaroni
Company, and American Italian Pasta
Company (collectively, ‘‘the domestic
interested parties’’), within the
applicable deadline specified in 19 CFR
1 See
Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta From Italy, 61 FR
38547 (July 24, 1996) (‘‘Italian Order’’), and Notice
of Antidumping Duty Order and Amended Final
Determination of Sales at Less Than Fair Value:
Certain Pasta From Turkey, 61 FR 38545 (July 24,
1996) (‘‘Turkish Order’’).
2 See Notice of Initiation of Five-Year (Sunset)
Reviews, 71 FR 53867 (September 4, 2012).
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351.218(d)(1)(i). The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act, as producers of certain pasta in
the United States.
On October 4, 2012, the Department
received an adequate substantive
response regarding Turkey from the
domestic interested parties within the
30-day deadline specified in 19 CFR
351.218(d)(3)(i). We received an
inadequate substantive response from
respondent interested parties.3 On
October 9, 2012, domestic interested
parties filed a rebuttal to the GOT’s
submission.
On September 25, 2012, the
Government of Italy (‘‘GOI’’) requested
an extension of time to submit a
substantive response. On September 27,
2012, the Department granted an
extension until October 11, 2012;
however, the GOI did not submit a
response. On October 11, 2012, the
Department received adequate
substantive responses regarding Italy
from the domestic interested parties,
within the extended deadline specified
in the Department’s September 27, 2012,
letter.
Pursuant to 19 CFR
351.218(e)(1)(ii)(C), because the
Department received no substantive
responses from foreign producers in
either review, the Department is
conducting expedited, 120-day, sunset
reviews of these antidumping duty
orders.
Scope of the Orders
Italy (A–475–818)
The merchandise subject to the order
is pasta. The product is currently
classified under items 1901.90.90.95
and 1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in Italian
Order, remains dispositive.4
Turkey (A–489–805)
The merchandise subject to the order
is pasta. The product is currently
classified under items 1902.19.20 of the
HTSUS. Although the HTSUS numbers
are provided for convenience and
3 Only the Government of Turkey (‘‘GOT’’)
submitted a response. We did not receive a
response from any Turkish producers or exporters
of pasta, as provided in 19 CFR 351.218(e)(1)(ii)(A).
4 On August 14, 2009, the Department issued its
final results of a changed circumstance review and
revoked the order, in part, with regard to gluten-free
pasta effective July 1, 2008. Certain Pasta from Italy:
Notice of Final Results of Antidumping Duty
Changed Circumstances Review and Revocation, in
Part, 74 FR 41120 (August 14, 2009).
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]]>Agencies
[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2366-2368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00463]
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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; 2010-
2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 6, 2012, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the fourth
administrative review of the antidumping duty order on certain
polyester staple fiber (``PSF'') from the People's Republic of China
(``PRC'').\1\ We gave interested parties an opportunity to comment on
the Preliminary Results. Based upon our analysis of the comments and
information received, we made changes to the margin calculations for
the final results. Further, we determine that Huvis Sichuan Co., Ltd.
(``Huvis Sichuan'') had no reviewable entries of subject merchandise
during the period of review (``POR'').
---------------------------------------------------------------------------
\1\ See Certain Polyester Staple Fiber From the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review, 77 FR 39990 (July 6, 2012) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective January 11, 2013.
FOR FURTHER INFORMATION CONTACT: Steven Hampton or Susan Pulongbarit,
AD/CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0116 and (202) 482-4031 respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2012, the Department published the Preliminary Results.
Between August 8, 2012, and August 20, 2012, interested parties
submitted surrogate value information and rebuttal surrogate value
comments. Interested parties were further provided an opportunity to
comment on the Preliminary Results. On September 21, 2012, the
Department received a case brief from Zhaoqing Tifo New Fiber Co., Ltd.
On September 28, 2012, the Department received a rebuttal brief from
DAK Americas LLC.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum
[[Page 2367]]
entitled, ``Certain Polyester Staple Fiber from the People's Republic
of China: Issues and Decision Memorandum for the Final Results of the
2010-2011 Administrative Review'' (``I&D Memo''), which is dated
concurrently with and adopted by this notice. A list of the issues
which parties raised and to which we respond in the I&D Memo is
attached to this notice as Appendix I. The I&D Memo is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the I&D Memo can be
accessed directly on the Internet at https://www.trade.gov/ia/. The
signed I&D Memo and the electronic versions of the I&D Memo are
identical in content.
Changes Since the Preliminary Results
The Department has made changes to the preliminary margin
calculation. Specifically, we:
Used the 2010 financial statement of P.T. Tifico Fiber
Indonesia Tbk. to calculate all surrogate financial ratios.\2\ As a
result of that decision, we did not separately value electricity and
water in the final margin program because these factors of production
are already captured in the surrogate financial ratios.
---------------------------------------------------------------------------
\2\ See I&D Memo at Comment II.
---------------------------------------------------------------------------
Corrected various errors as described in the Analysis Memo
and Surrogate Value Memo.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office 9, from Steven Hampton, International Trade
Analyst, Office 9, regarding Analysis of the Final Results of the
Fourth Administrative Review for Certain Polyester Staple Fiber from
the People's Republic of China: Zhaoqing Tifo New Fibre Co., Ltd.,
dated January 4, 2013, (``Analysis Memo'') and Memorandum to the
File, through Scot T. Fullerton, Program Manager, Office 9, from
Steven Hampton, International Trade Analyst, Office 9, regarding
2010-2011 Antidumping Duty Administrative Review of Certain
Polyester Staple fiber from the People's Republic of China:
Surrogate Values for the Final Results dated January 4, 2013
(``Surrogate Value Memo'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain polyester staple
fiber.\4\ The product is currently classified under the Harmonized
Tariff Schedule of the United States (``HTSUS'') item numbers
5503.20.0045 and 5503.20.0065. Although the HTSUS numbers are provided
for convenience and customs purposes, the written description of the
scope of the order remains dispositive.\5\
---------------------------------------------------------------------------
\4\ See I&D Memo for a complete description of the Scope of the
Order.
\5\ See Notice of Antidumping Duty Order: Certain Polyester
Staple Fiber from the People's Republic of China, 72 FR 30545 (June
1, 2007).
---------------------------------------------------------------------------
Final Determination of No Shipments
On September 22, 2011, the Department received a no-shipment
certification from Huvis Sichuan. To confirm the facts behind this
assertion, the Department issued a no-shipment inquiry to U.S. Customs
Border and Protection (``CBP'') requesting that it provide any
information that contradicted the no-shipment claim. The Department
received no information from CBP indicating that there were reviewable
transactions from Huvis Sichuan during the POR.
On August 6, 2012, the Department received comments on the
Preliminary Results from Huvis Sichuan.\6\ Huvis Sichuan noted that the
Preliminary Results should have included notice that the Department
intends to rescind this review with respect to Huvis Sichuan. The
Department inadvertently omitted this information from the Preliminary
Results. Therefore, we determine that Huvis Sichuan had no reviewable
entries of subject merchandise during the POR. Consistent with our
``automatic assessment'' clarification, the Department will issue
appropriate instructions to CBP based on our final results.\7\
---------------------------------------------------------------------------
\6\ See Letter from Huvis Sichuan regarding Certain Polyester
Staple Fiber from China; 4th Administrative Review, dated August 6,
2012.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement''); see also the ``Assessment'' section of this
notice, below.
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Zhaoqing Tifo New Fiber Co., Ltd........................ 9.98
PRC-wide Entity (which includes Far Eastern Industries 44.30
(Shanghai) Ltd., and Far Eastern Polychem Industries)..
------------------------------------------------------------------------
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with section 351.224(b) of the Department's
regulations.
Assessment
Upon issuance of the final results, the Department will determine,
and 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 ad valorem
duty assessment rates based on the ratio of the total amount of the
dumping calculated for the importer's examined sales to the total
entered value of those same sales. The Department will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.50 percent).
Where an importer-specific assessment rate is zero or de minimis, the
Department will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2).
The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales database submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e. at that exporter's
rate) will be liquidated at the NME-wide rate.\8\
---------------------------------------------------------------------------
\8\ See Assessment Practice Refinement, 76 FR at 65694.
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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 exporter); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have a separate rate, the cash
deposit rate will continue to be the exporter-specific rate published
for the
[[Page 2368]]
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 44.30 percent, the rate for the PRC-wide entity;
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: January 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1. Surrogate Value for Steam Coal
Comment 2. Surrogate Financial Ratios
Comment 3. Surrogate Value for Inland Freight
Comment 4. Surrogate Value for Water
Comment 5. Surrogate Value for Brokerage & Handling
Comment 6. Ministerial Error
Comment 7. Huvis Sichuan's No Shipments Certification
Comment 8. Zeroing
[FR Doc. 2013-00463 Filed 1-10-13; 8:45 am]
BILLING CODE 3510-DS-P
