[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Notices]
[Pages 33807-33808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13096]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


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

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

EFFECTIVE DATE: May 25, 2000.

FOR FURTHER INFORMATION CONTACT: Craig Matney (Republic of Korea) or 
Cynthia Thirumalai (Taiwan), Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1778 or (202) 482-4087, respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``the Department's'') regulations are to the regulations 
codified at 19 CFR part 351 (1998).

Scope of Orders

    The product covered by these orders is certain polyester staple 
fiber (``PSF''). 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 orders 
may be coated, usually with a silicon or other finish, or not coated. 
PSF 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) classified under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheading 5503.20.00.20 is specifically excluded from these orders. 
Also specifically excluded from these orders 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 
PSF is excluded from these orders. Low-melt PSF 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 these orders is classified in the HTSUS 
at subheadings 5503.20.00.40 and 5503.20.00.60. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of these orders is dispositive.

Amended Final Determination

    In accordance with section 735(a) of the Act, on March 30, 2000, 
the Department published the final determination of the antidumping 
duty investigation of certain PSF from the Republic of Korea 
(``Korea''), in which we determined that U.S. sales of PSF from Korea 
were made at less than normal value (65 FR 16880 (``Korea Final 
Determination'')). On March 31 and April 4, 2000, we received 
ministerial error allegations, timely filed pursuant to 
Sec. 351.224(c)(2) of the Department's regulations, from the 
petitioners E.I. DuPont de Nemours, Inc.; \1\ Arteva Specialities 
S.a.r.l.; d/b/a KoSa; Wellman, Inc.; and Intercontinental Polymers, 
Inc. (hereinafter collectively referred to as ``the petitioners'') 
regarding the calculations for Geum Poong Corporation (``Geum Poong'') 
and Samyang Corporation (``Samyang''), respectively. On April 5, 2000, 
Sam Young Synthetics Co. (``Sam Young'') and Geum Poong timely filed 
ministerial allegations, and Geum Poong also commented on the 
petitioners' allegations. On April 6, 2000, Samyang filed a rebuttal to 
the petitioners' ministerial error allegations. We received comments 
from the petitioners concerning the respondents' clerical error 
allegations on April 10, 2000.
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    \1\ E.I. DuPont de Nemours, Inc. is not a petitioner in the 
Taiwan case.
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    We have determined in accordance with section 735(e) of the Act 
that ministerial errors were made in our final margin calculations. For 
a detailed

[[Page 33808]]

discussion of the above-cited ministerial errors and the Department's 
analysis, see Memorandum to Richard W. Moreland, dated April 26, 2000. 
We are amending the final determination of the antidumping duty 
investigation of PSF from Korea to correct these ministerial errors. 
The revised final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                  Original weighted-   Revised weighted-
      Exporter/manufacturer         average margin      average margin
                                      percentage          percentage
------------------------------------------------------------------------
Samyang Corporation.............                0.14                0.14
                                                  (*                  (*
Sam Young Synthetics Co.........                7.96                7.91
Geum Poong Corporation..........               14.10               14.10
All Others......................               11.38              11.35
------------------------------------------------------------------------
* de minimis.

    For Taiwan, we published Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Polyester Staple Fiber from Taiwan 65 FR 
16877 (March 30, 2000) and Notice of Amended Final Determination of 
Sales at Less Than Fair Value: Certain Polyester Staple Fiber from 
Taiwan 65 FR 24678 (April 27, 2000).

Antidumping Duty Orders

    On May 15, 2000, in accordance with section 735(d) of the Act, the 
U.S. International Trade Commission (``ITC'') notified the Department 
that an industry in the United States is ``materially injured,'' within 
the meaning of section 735(b)(1)(A) of the Act, by reason of less-than-
fair-value imports of PSF from Korea and Taiwan. In its final 
determination, however, the ITC determined that two domestic like 
products exist for merchandise covered by the Department's 
investigation: (1) low-melt PSF and (2) all other types of PSF not 
specifically excluded. The ITC determined pursuant to section 735(b)(1) 
that a domestic industry in the United States is not materially injured 
or threatened with material injury by reason of imports of low-melt PSF 
from Korea and Taiwan. Accordingly, the scope of these antidumping duty 
orders has been amended from that used in the investigations to exclude 
low-melt PSF.
    Sam Young and Geum Poong, the two respondents included in the Korea 
order, did not make sales of low-melt PSF during the period of 
investigation. Therefore, it was not necessary to recalculate the 
margins to exclude sales of low-melt PSF for these Korean respondents. 
However, we recalculated, for purposes of the Taiwan order, the 
estimated dumping margins for both respondents in Taiwan by excluding 
sales of low-melt PSF from our analysis. The revised estimated dumping 
margins for Taiwan are found below.
    The Department will direct the U.S. Customs Service to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the subject merchandise exceeds the 
export price or constructed export price of the subject merchandise for 
all relevant entries of PSF from Korea and Taiwan, except for subject 
merchandise produced in Korea and imported from Samyang, which received 
a de minimis final margin. With respect to Korea, all bonds may be 
released and entries by Samyang may be liquidated without regard to 
antidumping duties.
    For all other manufacturers/exporters from Korea, antidumping 
duties will be assessed on all unliquidated entries of PSF, excluding 
low-melt PSF, entered, or withdrawn from warehouse, for consumption on 
or after November 8, 1999, the date of publication of the Department's 
preliminary determination in the Federal Register (64 FR 60776). For 
all other manufacturers/exporters in Taiwan other than Nan Ya Plastics 
Corporation, Ltd., antidumping duties will be assessed on all 
unliquidated entries of PSF, excluding low-melt PSF, entered, or 
withdrawn from warehouse, for consumption on or after March 30, 2000, 
the date of publication of the Department's final determination in the 
Federal Register (64 FR 60771). For Nan Ya Plastics Corporation, Ltd., 
antidumping duties will be assessed on all unliquidated entries of PSF 
from Taiwan, excluding low-melt PSF, entered, or withdrawn from 
warehouse, for consumption on or after April 27, 2000, the date of 
publication of the Department's amended final determination in the 
Federal Register (65 FR 24678 ). Furthermore, we will instruct Customs 
to refund all cash deposits, or bonds posted, for entries of subject 
merchandise from Korea imported from Samyang Corporation and for 
entries of low-melt PSF from both Taiwan and Korea.
    On or after the date of publication of this notice in the Federal 
Register, Customs officers must require, at the same time as importers 
would normally deposit estimated duties, cash deposits for the subject 
merchandise equal to the weighted-average antidumping duty margins as 
noted below:

------------------------------------------------------------------------
                                                               Revised
                                                              weighted-
                   Exporter/manufacturer                       average
                                                                margin
                                                              percentage
------------------------------------------------------------------------
                            Republic of Korea
------------------------------------------------------------------------
Samyang Corporation........................................     Excluded
Sam Young Synthetics Co....................................         7.91
Geum Poong Corporation.....................................        14.10
All Others.................................................        11.35
------------------------------------------------------------------------
                                 Taiwan
------------------------------------------------------------------------
Far Eastern Corporation....................................        11.50
Nan Ya Plastics Corporation, Ltd...........................         3.79
All Others.................................................         7.31
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
PSF from Korea and Taiwan, pursuant to section 735(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the Main Commerce Building for copies of an updated list of antidumping 
duty orders currently in effect.
    These orders are published in accordance with sections 736(a) and 
19 CFR 351.211.

    Dated: May 18, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-13096 Filed 5-24-00; 8:45 am]
BILLING CODE 3510-DS-P