[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Notices]
[Pages 1341-1342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-259]


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

INTERNATIONAL TRADE COMMISSION

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


Certain Polyester Staple Fiber From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1104 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether 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 
less-than-fair-value imports from China of Certain Polyester Staple 
Fiber, provided for in subheading 5503.20.00 of the Harmonized Tariff 
Schedule of the United States.\1\
---------------------------------------------------------------------------

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise 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 (127mm). 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.''
---------------------------------------------------------------------------

    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, 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 C 
(19 CFR part 207).

DATES: Effective Date: December 26, 2006.

FOR FURTHER INFORMATION CONTACT: Nathanael Comly (202-205-3174), 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.

SUPPLEMENTARY INFORMATION: 
    Background. The final phase of this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of Certain Polyester Staple 
Fiber from China are being sold in the United States at less than fair 
value within the meaning of section 733 of the Act (19 U.S.C. 1673b). 
The investigation was requested in 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, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    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 the final phase of this investigation available to 
authorized applicants under the APO issued in the investigation, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigation. A party granted access to BPI in the 
preliminary phase of the investigation need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report. The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on February 
27, 2007, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on March 13, 
2007, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before March 2, 2007. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference

[[Page 1342]]

to be held at 9:30 a.m. on March 6, 2007, at the U.S. International 
Trade Commission Building. Oral testimony and written materials to be 
submitted at the public hearing are governed by Sec. Sec.  201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later than 7 business days prior to the date of the hearing.
    Written submissions. Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is March 6, 2007. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is March 
20, 2007; witness testimony must be filed no later than three days 
before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation, 
including statements of support or opposition to the petition, on or 
before March 20, 2007. On April 5, 2007, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before April 9, 2007, but such final comments must 
not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also 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).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's 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 Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: January 8, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-259 Filed 1-10-07; 8:45 am]
BILLING CODE 7020-02-P