[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45368-45369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4237]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-580-839, A-583-833)


Certain Polyester Staple Fiber from the Republic of Korea and 
Taiwan: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 1, 2005, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on certain polyester staple fiber (``PSF'') from the Republic of Korea 
(``Korea'') and Taiwan pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). On the basis of a notice of intent to 
participate and adequate substantive responses filed on behalf of 
domestic interested parties and inadequate responses from respondent 
interested parties, the Department conducted expedited (120-day) sunset 
reviews. As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping at the levels identified in the 
Final Results of Reviews section of this notice.

EFFECTIVE DATE: August 5, 2005.

FOR FURTHER INFORMATION: Yasmin Bordas or David Goldberger, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-3813 
or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on PSF from Korea and Taiwan pursuant to 
section 751(c) of the Act. See Initiation of Five-year (``Sunset'') 
Reviews, 70 FR 16800 (April 1, 2005). The Department received a notice 
of intent to participate from DAK Fibers, LLC; Invista S.a.r.l 
(formerly Arteva Specialties S.a.r.l., d/b/a KoSa);\1\ and Wellman, 
Inc., (collectively ``the domestic interested parties''), within the 
deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations (``sunset regulations''). The domestic interested parties 
claimed interested party status under section 771(9)(C) of the Act, as 
manufacturers of a domestic-like product in the United States. We 
received a complete substantive response from the domestic interested 
parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no responses from any of the respondent 
interested parties. As a result, pursuant to section 751(c)(53)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted 
expedited (120-day) sunset reviews of these orders.
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    \1\ On March 11, 2005, the Department was informed that Arteva 
Specialties, Inc. d/b/a KoSa changed its name to Invista S.a.r.l.
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Scope of the Orders

    For the purposes of these orders, the product covered is 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 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) 
currently classifiable in 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

[[Page 45369]]

a significantly lower temperature than its inner core.
    The merchandise subject to these orders 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 the orders 
is dispositive.

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated August 1, 2005, 
(``Decision Memorandum''), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on PSF 
from Korea and Taiwan would likely lead to continuation or recurrence 
of dumping at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/Exporters/Producers              Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Korea..................................................
Sam Young Synthetics Co................................           7.91
All Others.............................................           7.91
Taiwan.................................................
Far Eastern Corporation................................          11.50
Nan Ya Plastics Corporation, Ltd.......................           3.79
All Others.............................................           7.31
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective 
orders is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 1, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4237 Filed 8-4-05; 8:45 am]
BILLING CODE 3510-DS-S