[Federal Register Volume 64, Number 226 (Wednesday, November 24, 1999)]
[Notices]
[Pages 66198-66199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30647]
[[Page 66198]]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-825-826 (Final)]
Certain Polyester Staple Fiber From Korea and Taiwan
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-825 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act)
to determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
less-than-fair-value imports from Korea of certain polyester staple
fiber, provided for in subheading 5503.20.00 of the Harmonized Tariff
Schedule of the United States.1 Section 207.21(b) of the
Commission's rules provides that, where the Department of Commerce has
issued a negative preliminary determination, the Commission will not
publish a notice of scheduling for the final phase of its investigation
unless and until it receives an affirmative final determination from
Commerce. Although the Department of Commerce has preliminarily
determined that certain polyester staple fiber from Taiwan is not being
sold, nor is likely to be sold, in the United States at less than fair
value, for purposes of efficiency the Commission hereby waives rule
207.21(b) and gives notice of the scheduling of the final phase of the
antidumping investigation No. 731-TA-826 (Final) under section 735(b)
of the Act. The Commission is taking this action so that the final
phases of the antidumping investigations may proceed concurrently in
the event that Commerce makes a final affirmative antidumping
determination with respect to Taiwan. If Commerce makes a final
negative antidumping determination with respect to Taiwan, the
Commission will terminate its antidumping investigation under section
735(c)(2) of the Act (19 U.S.C. 1673d(c)(2)), and section 207.2(d) of
the Commission's rules.
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\1\ For purposes of these investigations, certain 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 these investigations may
be coated, usually with a silicon or other finish, or not coated.
Certain 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) is specifically excluded from these investigations.
Also specifically excluded from these investigations 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).
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: November 4, 1999.
FOR FURTHER INFORMATION CONTACT: Jozlyn Kalchthaler (202-205-3457),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
The final phase of these investigations is being scheduled as a
result of an affirmative preliminary determination by the Department of
Commerce that imports of certain polyester staple fiber from Korea are
being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The final phase of
the antidumping investigation with respect to Taiwan is being
scheduled, under waiver of section 207.21(b), discussed above, for
purposes of efficiency. The investigations were requested in a petition
filed on April 2, 1999, by E.I. Dupont de Nemours, Inc., Wilmington,
DE; NanYa Plastics Corporation, America, Lake City, SC; KoSa,
Spartanburg, SC; Wellman, Inc., Shrewsbury, NJ; and Intercontinental
Polymers, Inc., Charlotte, NC.2
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\2\ NanYa is no longer a petitioner in these investigations.
DuPont is not a petitioner in the investigation on Taiwan.
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Participation in the Investigations and Public Service List
Persons, including industrial users of the subject merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and BPI Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI gathered in the final phase of these
investigations available to authorized applicants under the APO issued
in the investigations, provided that the application is made no later
than 21 days prior to the hearing date specified in this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the investigations. A party
granted access to BPI in the preliminary phase of the investigations
need not reapply for such access. A separate service list will be
maintained by the Secretary for those parties authorized to receive BPI
under the APO.
Staff Report
The prehearing staff report in the final phase of these
investigations will be placed in the nonpublic record on March 14,
2000, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing
The Commission will hold a hearing in connection with the final
phase of these investigations beginning at 9:30 a.m. on March 28, 2000,
at the U.S. International Trade Commission Building. Requests to appear
at the hearing should be filed in writing with the Secretary to the
Commission on or before March 20, 2000. A nonparty who has testimony
that may aid the Commission's deliberations may request permission to
present a short statement at the hearing. All parties and nonparties
desiring to appear at the hearing and make oral presentations should
attend a prehearing conference to be held at 9:30 a.m. on March 23,
[[Page 66199]]
2000, at the U.S. International Trade Commission Building. Oral
testimony and written materials to be submitted at the public hearing
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 days prior
to the date of the hearing.
Written Submissions
Each party who is an interested party shall submit a prehearing
brief to the Commission. Prehearing briefs must conform with the
provisions of section 207.23 of the Commission's rules; the deadline
for filing is March 21, 2000. Parties may also file written testimony
in connection with their presentation at the hearing, as provided in
section 207.24 of the Commission's rules, and posthearing briefs, which
must conform with the provisions of section 207.25 of the Commission's
rules. The deadline for filing posthearing briefs is April 4, 2000;
witness testimony must be filed no later than three days before the
hearing. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the investigations on or before
April 4, 2000. On April 20, 2000, the Commission will make available to
parties all information on which they have not had an opportunity to
comment. Parties may submit final comments on this information on or
before April 24, 2000, but such final comments must not contain new
factual information and must otherwise comply with section 207.30 of
the Commission's rules. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of sections
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
rules do not authorize filing of submissions with the Secretary by
facsimile or electronic means.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
Issued: November 17, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-30647 Filed 11-23-99; 8:45 am]
BILLING CODE 7020-02-P