[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Notices]
[Pages 30411-30412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14276]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Notice of Final Results of Changed Circumstances Antidumping Duty 
Review: Certain Polyester Staple Fiber From the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: We have completed the changed circumstances review of the 
antidumping duty order on polyester staple fiber from the Republic of 
Korea. We determine that the Huvis Corporation is not the successor-in-
interest to the Samyang Corporation, SK Chemicals Co., Ltd., or to the 
Samyang Corporation and SK Chemicals Co. jointly and that the Huvis 
Corporation is subject to the ``all others'' rate calculated in the 
antidumping duty investigation.

EFFECTIVE DATE: June 6, 2001.

FOR FURTHER INFORMATION CONTACT: Sally Hastings or Craig Matney at 
(202) 482-3464 or (202) 482-1778, respectively; AD/CVD Enforcement 
Group I, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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's regulations are 
to 19 CFR Part 351 (2000).

Background

    On May 25, 2000, the Department of Commerce (the Department) issued 
an antidumping duty order on certain polyester staple fiber (PSF) from 
the Republic of Korea (Korea). See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Polyester Staple Fiber from Republic of

[[Page 30412]]

Korea, 65 FR 33807 (May 25, 2000). The order excluded merchandise 
produced by Samyang Corporation (Samyang), which had been found to be 
dumping at a de minimis level. SK Chemicals Co., Ltd. (SK Chemicals), 
was not examined in the investigation and its entries of subject 
merchandise are currently being suspended at the ``all others'' cash 
deposit rate of 11.35 percent.
    On November 20, 2000, Samyang and the Huvis Corporation (Huvis) 
informed the Department that Samyang and SK Chemicals had established 
Huvis as a 50-50 joint venture, effective November 1, 2000. They 
requested that the Department conduct a changed circumstances review 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b). Samyang 
and Huvis argued that Huvis is the successor-in-interest to Samyang 
and, therefore, is entitled to exclusion from the antidumping order. In 
the alternative, they asked that the Department find that Huvis is a 
successor to Samyang and SK Chemicals jointly and that the Department 
calculate a weighted-average cash deposit rate for Huvis based on 
Samyang's and SK Chemical's rates.
    The Department found ``good cause'' to conduct a changed 
circumstances review and on January 9, 2001, concurrently issued a 
notice of initiation and preliminary results. See Notice of Initiation 
and Preliminary Results of Changed Circumstances Antidumping Duty 
Review: Certain Polyester Staple Fiber from the Republic of Korea, 66 
FR 1642 (January 9, 2001) (Preliminary Results). In the Preliminary 
Results, we determined that Huvis is not the successor-in-interest to 
Samyang, SK Chemicals, or both companies jointly. In addition, we 
preliminarily found that Huvis is covered by the antidumping duty order 
as a producer and exporter of PSF from Korea. Consequently, we 
instructed the Customs Service to suspend liquidation and to collect 
estimated antidumping duties at the ``all others'' rate of 11.35 
percent on all entries of subject merchandise produced and exported by 
Huvis retroactive to November 1, 2000.
    On January 24, 2001, we received a request from an importer of PSF 
from Korea, Stein Fibers, Ltd. (Stein Fibers), to clarify our 
instructions to the Customs Service with respect to subject merchandise 
which Stein Fibers claimed was produced by Samyang, but not entered 
until after November 1, 2000.
    The Department issued instructions to the Customs Service on April 
6, 2001, to liquidate without regard to dumping duties entries which 
were sold, produced, and exported by Samyang prior to November 1, 2000. 
For those entries that Stein Fibers claimed were produced and sold by 
Samyang but exported after November 1, 2000, we instructed the Customs 
Service to continue to suspend liquidation at a cash deposit rate of 
0.00 percent until further notice. In these instructions, we stated 
that we would analyze, in the context of the final results of the 
changed circumstances review, whether these were shipments of 
merchandise sold, produced, and exported by Samyang or Huvis.
    On April 24, 2001, we received a letter from Huvis stating that it 
did not intend to challenge the preliminary results of the changed 
circumstances review. We received a letter from the petitioners, E.I. 
DuPont de Nemours and Co., Arteva Specialities S.a.r.l., d/b/a KoSa, 
Wellman Inc., and Intercontinental Polymers, Inc., on May 1, 2001, 
stating that they agreed with the preliminary results of the changed 
circumstances review.

Scope of the Order

    The product covered by this order is certain polyester staple 
fiber. 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 this order 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 this order. Also 
specifically excluded from this order is 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 this order. 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 this order 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 this order is dispositive.

Final Results of Changed Circumstances Antidumping Review

    No new information or argument has been submitted that would alter 
the conclusion we reached in our preliminary results. Therefore, we 
determine that Huvis is not the successor-in-interest to either Samyang 
or SK individually, or to Samyang and SK jointly, and that entries of 
merchandise produced by Huvis are subject to the antidumping duty order 
on PSF from Korea at the ``all others'' rate. We will continue to 
suspend liquidation for merchandise produced and exported by Huvis on 
or after November 1, 2000, the date of the joint-venture merger of 
Samyang and SK Chemicals, and to require the deposit of estimated 
duties at the ``all others'' rate of 11.35 percent.
    With respect to the imports of subject merchandise by Stein Fibers, 
it is not necessary, at this time, to determine whether these entries 
were of Samyang or Huvis merchandise. We will continue to suspend the 
liquidation of these entries, which are listed in the April 6, 2001, 
message to Customs, at 0.00 percent. These entries will be covered by 
the results of an administrative review of the antidumping duty order 
on PSF from Korea, if requested during the anniversary month, or 
automatic assessment, as appropriate.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 19 CFR 351.306 of the antidumping duty 
regulations. 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 sanctionable violation.
    These final results and notice are in accordance with sections 
751(b)(1) and 777(i)(1) of the Act and section 351.216 of the 
Department's regulations.

    Dated: May 29, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-14276 Filed 6-5-01; 8:45 am]
BILLING CODE 3510-DS-P