[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Notices]
[Pages 37097-37098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5811]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1104 (Preliminary)]


Certain Polyester Staple Fiber From China

AGENCY: United States International Trade Commission.

ACTION: Institution of antidumping investigation and scheduling of a 
preliminary phase investigation.

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

SUMMARY: The Commission hereby gives notice of the institution of an 
investigation and commencement of preliminary phase antidumping 
investigation No. 731-TA-1104 (Preliminary) under section 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that an industry in the United States 
is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from China of certain polyester staple 
fiber \1\, provided for in subheading 5503.20.00 of the Harmonized 
Tariff Schedule of the United States, that are alleged to be sold in 
the United States at less than fair value. Unless the Department of 
Commerce extends the time for initiation pursuant to section 
732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must 
reach a preliminary determination in antidumping investigations in 45 
days, or in this case by August 7, 2006. The Commission's views are due 
at Commerce within five business days thereafter, or by August 14, 
2006.
---------------------------------------------------------------------------

    \1\ The merchandise subject to this proceeding is synthetic 
staple fibers, not carded, combed or otherwise processed for 
spinning, of polyester, measuring 3.3 decitex (3 denier) or more. 
This merchandise is cut to lengths varying from one inch (25 mm) to 
five inches (127 mm). The subject merchandise 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.
    The following products are excluded from the scope: (1) PSF of 
less than 3.3 decitex (less than 3 denier) currently imported under 
HTS statistical reporting number 5503.20.0025, known to the industry 
as PSF for spinning and generally used in woven and knit 
applications to produce textile and apparel products; (2) PSF of 10 
to 18 denier that are cut to lengths of 6 to 8 inches and that are 
generally used in the manufacture of carpeting; and (3) low-melt 
PSF, defined as bi-component fiber with an outer, non-polyester 
sheath that melts at a significantly lower temperature than its 
inner polyester core (HTS 5503.20.0015).
    Certain PSF is imported under statistical reporting numbers 
5503.20.0045 and 5503.20.0065 of the Harmonized Tariff Schedule of 
the United States.
---------------------------------------------------------------------------

    For further information concerning the conduct of this 
investigation and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

 Dates:Effective Date: June 23, 2006.

FOR FURTHER INFORMATION CONTACT: Jeremy Wise (202-205-3190), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

[[Page 37098]]


SUPPLEMENTARY INFORMATION: Background. This investigation is being 
instituted in response to a petition filed on June 23, 2006, by DAK 
Americas, LLC, Charlotte, NC; Nan Ya Plastics Corporation, America, 
Lake City, SC; and Wellman, Inc., Shrewsbury, NJ.
    Participation in the investigation and public service list. Persons 
(other than petitioners) wishing to participate in the investigation as 
parties must file an entry of appearance with the Secretary to the 
Commission, as provided in Sec. Sec.  201.11 and 207.10 of the 
Commission's rules, not later than seven days after publication of this 
notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping investigations. The Secretary will 
prepare a public service list containing the names and addresses of all 
persons, or their representatives, who are parties to this 
investigation upon the expiration of the period for filing entries of 
appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to Sec.  207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in this investigation available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. 1677(9)) who 
are parties to the investigation under the APO issued in the 
investigation, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference. The Commission's Director of Operations has scheduled a 
conference in connection with this investigation for 9:30 a.m. on July 
14, 2006, at the U.S. International Trade Commission Building, 500 E 
Street, SW., Washington, DC. Parties wishing to participate in the 
conference should contact Jeremy Wise (202-205-3190) not later than 
July 7, 2006, to arrange for their appearance. Parties in support of 
the imposition of antidumping duties in this investigation and parties 
in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.
    Written submissions. As provided in Sec. Sec.  201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before July 19, 2006, a written brief containing information and 
arguments pertinent to the subject matter of the investigation. Parties 
may file written testimony in connection with their presentation at the 
conference no later than three days before the conference. If briefs or 
written testimony contain BPI, they must conform with the requirements 
of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by Sec.  201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). Even where electronic filing of a document is 
permitted, certain documents must also be filed in paper form, as 
specified in II (C) of the Commission's Handbook on Electronic Filing 
Procedures, 67 FR 68168, 68173 (November 8, 2002).
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the rules, 
each document filed by a party to the investigation must be served on 
all other parties to the investigation (as identified by either the 
public or BPI service list), and a certificate of service must be 
timely filed. The Secretary will not accept a document for filing 
without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.
    Issued: June 23, 2006.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 06-5811 Filed 6-28-06; 8:45 am]
BILLING CODE 7020-02-P