[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]



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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,

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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