[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Notices]
[Pages 63616-63617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26179]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Polyester Staple Fiber from Korea: Final Results of Antidumping 
Duty Administrative Review

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On June 7, 2002, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on polyester staple fiber from Korea. The period of review 
is November 8, 1999, through April 30, 2001. We gave interested parties 
an opportunity to comment on the preliminary results. Based on our 
analysis of the comments received and an examination of our 
calculations, we have made certain changes for the final results. The 
final weighted-average dumping margins for the seven manufacturer/
exporters are listed below in the ``Final Results of the Review'' 
section of this notice.

EFFECTIVE DATE: October 15, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Jarrod Goldfeder, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1174, or (202) 482-0189, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``the Department'') regulations are to 19 CFR part 351 (April 2001).

Background

    Since the publication of the preliminary results in this review 
(see Certain Polyester Staple Fiber from Korea: Preliminary Results of 
Antidumping Duty Administrative Review, 67 FR 39350 (June 7, 2002) 
(``Preliminary Results'')), the following events have occurred:
    We invited parties to comment on the preliminary results of the 
review. On July 17, 2002, E.I. DuPont de Nemours, Inc., Arteva 
Specialties S.a.r.l., d/b/a KoSa, Wellman, Inc., and Intercontinental 
Polymers, Inc., (collectively ``the petitioners''), and Estal Industry 
Co., Ltd. (``Estal''), Keon Baek Co., Ltd. (``Keon Baek''), Mijung 
Ind., Co., Ltd. (``Mijung''), Sam Young Synthetics Co., Ltd. 
(``SamYoung''), Stein Fibers, Ltd. (``Stein Fibers''), and Sunglim Co., 
Ltd. (``Sunglim'') filed case briefs. On July 24, 2002, the above-
mentioned parties and Huvis Corporation (``Huvis'') filed rebuttal 
briefs.

Scope of the Order

    For the purposes of this order, the product covered is certain 
polyester staple fiber (``PSF''). PSF 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) currently classifiable 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 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 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 currently classifiable in 
the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65.\1\ Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under order is 
dispositive.
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    \1\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
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Period of Review

    The period of review (``POR'') is November 8, 1999, through April 
30, 2001.

Fair Value Comparisons

    To determine whether sales of PSF from Korea to the United States 
were

[[Page 63617]]

made at less than normal value, we compared export price (``EP'') to 
normal value (``NV''). Our calculations followed the methodologies 
described in the Preliminary Results, except as noted below and in each 
individual respondent's calculation memorandum, dated October 7, 2002, 
which is on file in the Import Administration's Central Records Unit 
(``CRU''), Room B-099 of the main Department of Commerce building.

Export Price

    We used EP as defined in section 772(a) of the Act. We calculated 
EP based on the same methodologies described in the Preliminary 
Results.

Normal Value

    We used the same methodology as that described in the Preliminary 
Results to determine the cost of production (``COP''), whether 
comparison market sales were at prices below the COP, and the NV.

Changes from the Preliminary Results

    In the Preliminary Results, we miscalculated the per-unit 
assessment rates of Huvis, Keon Baek, Mijung, and Sam Young. This error 
has been corrected in these final results. Also, for all respondents, 
we have added programming language to determine whether the importer-
specific duty assessment rates were de mimimis (i.e., less than 0.50 
percent).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum'' 
from Richard W. Moreland, Deputy Assistant Secretary, Import 
Administration to Faryar Shirzad, Assistant Secretary, Import 
Administration, dated October 7, 2002 (``Decision Memorandum''), which 
is hereby adopted by this notice. Attached to this notice as an 
appendix is a list of the issues which parties have raised and to which 
we have responded in the Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Department's CRU. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/frnhome.htm. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Final Results of the Review

    We determine that the following percentage margins exist for the 
period November 8, 1999, through April 30, 2001:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                    [chyph]margin
                                                           percentage
------------------------------------------------------------------------
Daeyang Industrial Co., Ltd..........................               1.39
Estal Industry Co., Ltd..............................  0.20 (de minimis)
Huvis Corporation....................................               3.37
Keon Baek Co., Ltd...................................  0.31 (de minimis)
Mijung Ind., Co., Ltd................................               1.00
Sam Young Synthetics Co., Ltd........................               0.75
Sunglim Co., Ltd.....................................               0.61
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or 
customer)-specific assessment rate for merchandise subject to this 
review. The Department will issue appropriate assessment instructions 
directly to the Customs Service within 15 days of publication of these 
final results of review. We will direct the Customs Service to assess 
the resulting assessment rates against each of the importer's/
customer's entries during the review period.
    We have calculated importer-specific assessment rates for the 
subject merchandise by aggregating the dumping margins calculated for 
all U.S. sales examined and dividing this amount by the total quantity 
of those sales. To determine whether the duty assessment rates were de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer-specific ad valorem rates based 
on the EPs.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rates for the reviewed 
companies will be those established above in the ``Final Results of 
Review'' section, except if the rate is less than 0.50 percent, and 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original less than fair value 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 11.35 percent, the ``All 
Others'' rate made effective by the less-than-fair-value investigation. 
These requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.
    This notice also serves as the only reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulation and the terms of an APO is a sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: October 7, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Issues and Decision Memorandum
Comment 1: De Minimis Threshold
Comment 2: Treatment of Sales Above Normal Value
Comment 3: Imposition of Margins and Injury to the Domestic Injury
Comment 4: Individual-Rate Duty Drawback Scheme
Comment 5: Fixed-Rate Duty Drawback Scheme
Comment 6: Treatment of Disqualified Duty Drawback Benefits
Comment 7: Sunglim G&A and Financial Expense Ratios
Comment 8: Sunglim Foreign Movement Charges
Comment 9: Estal U.S. Credit Expense
Comment 10: Estal General and Administrative Expenses
Comment 11: Estal Financial Expenses
Comment 12: Huvis Home Market Sales in U.S. Dollars
Comment 13: Huvis Matching Criteria
Comment 14: Huvis G&A Expense Ratio
Comment 15: Mijung G&A Expenses
[FR Doc. 02-26179 Filed 10-11-02; 8:45 am]
BILLING CODE 3510-DS-S