[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Notices]
[Pages 67891-67892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3277]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


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

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

EFFECTIVE DATE: November 22, 2004.

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

SUPPLEMENTARY INFORMATION:

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. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise under order is dispositive.

Amended Final Results

    On October 8, 2004, the Department of Commerce (``the Department'') 
determined that certain PSF from the Republic of Korea (``Korea'') is 
being sold in the United States at less than fair value, as provided in 
section 751(a) of the Tariff Act of 1930, as amended (``the Act''). See 
Certain Polyester Staple Fiber from Korea: Final Results of Antidumping 
Duty Administrative Review and Final Determination to Revoke the Order 
In Part, 69 FR 61341 (October 18, 2004) (``Final Results''). On October 
18, 2004, Saehan Industries, Inc. (``Saehan'') filed a timely 
ministerial error allegation pursuant to 19 CFR 351.224(c)(2). The 
petitioner\1\ in this review did not file comments on Saehan's 
allegation.
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    \1\ Arteva Specialties S.a.r.l., d/b/a Kosa and Wellman, Inc.
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    Saehan contends that the Department excluded credit expenses from 
the calculation of home market direct selling expenses in the final 
margin program.
    In accordance with section 735(e) of the Act, we have determined 
that ministerial errors were made in our final results margin 
calculations. Specifically, we find that we did not include home market 
credit expenses in Saehan's calculation of home market direct selling 
expenses. For a detailed discussion of the ministerial error allegation 
and the Department's analysis, see Memorandum to Susan Kuhbach, 
``Antidumping Duty Administrative Review of Certain Polyester Staple 
Fiber from the Republic of Korea; Allegation of Ministerial Error,'' 
dated November 12, 2004, which is on file in the Central Records Unit 
(``CRU''), room B-099 of the main Department building.
    In addition, when examining Saehan's ministerial error allegation, 
the Department found another ministerial error. For a full description, 
see Memorandum to File, ``Ministerial Error in Saehan Industries, 
Inc.'s Final Margin Calculation,'' dated October 22, 2004, which is on 
file in the Department's CRU. No parties commented on the correction of 
this clerical error.
    In accordance with 19 CFR. 351.224(e), we are amending the final 
results of the antidumping duty administrative review of PSF from Korea 
to correct these ministerial errors.
    The revised weighted-average dumping margin for Saehan is listed 
below:

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                                                                                      Amended Results Weighted-
           Producer/Manufacturer/Exporter               Original Weighted-average     average margin percentage
                                                            margin percentage
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Saehan Industries, Inc..............................                          4.19                          2.13
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[[Page 67892]]

Cash Deposit Rates

    The following antidumping duty deposits will be required on all 
shipments of PSF from Korea entered, or withdrawn from warehouse, for 
consumption, effective 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 rate for the reviewed company will be 
the rate listed above; (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, the previous review, 
or the original 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) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
reviews, the cash deposit rate will be 7.91 percent, the ``all others'' 
rate established in Certain Polyester Staple Fiber from the Republic of 
Korea: Notice of Amended Final Determination and Amended Order Pursuant 
to Final Court Decision, 68 FR 74552 (December 24, 2003). These cash 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative review.

Assessment Rates

    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection within 15 days of 
publication of these amended final results of review.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i)(1) of the Act.

    Dated: November 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3277 Filed 11-19-04; 8:45 am]
BILLING CODE 3510-DS-S