[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Notices]
[Pages 30545-30547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10607]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Notice of Antidumping Duty Order: Certain Polyester Staple Fiber 
from the People's Republic of China

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

[[Page 30546]]

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
certain polyester staple fiber (``PSF'') from the People's Republic of 
China (``PRC''). On May 24, 2007, the ITC notified the Department of 
its affirmative determination of material injury to a U.S. industry. 
See Certain Polyester Staple Fiber from China, Investigation No. 731-
TA-1104 (Final), USITC Publication 3922 (June 2007).
    EFFECTIVE DATE: June 1, 2007.

FOR FURTHER INFORMATION CONTACT: Michael Holton or Paul Walker, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1324, or (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on April 19, 2007, the Department 
published the Final Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances: Certain 
Polyester Staple Fiber from the People's Republic of China, 72 FR 19690 
(April 19, 2007) (``Final Determination'').

Scope of Order

    The merchandise subject to this proceeding is 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 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 classifiable in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheading 5503.20.0025 and 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 a bi-component fiber with 
an outer, non-polyester sheath that melts at a significantly lower 
temperature than its inner polyester core (classified at HTSUS 
5503.20.0015).
    Certain PSF is classifiable under the HTSUS subheadings 
5503.20.0045 and 5503.20.0065. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise under the orders is dispositive.

Antidumping Duty Order

    On May 24, 2007, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise for all relevant entries 
of PSF from the PRC. These antidumping duties will be assessed on all 
unliquidated entries of PSF from the PRC entered, or withdrawn from the 
warehouse, for consumption on or after December 26, 2006, the date on 
which the Department published its preliminary determination. See 
Preliminary Determination of Sales at Less Than Fair Value and Partial 
Affirmative Determination of Critical Circumstances: Certain Polyester 
Staple Fiber from the People's Republic of China, 71 FR 77373 (December 
26, 2006) (``Preliminary Determination'').
    With regard to the ITC's negative critical circumstances 
determination, we will instruct CBP to lift suspension, release any 
bond or other security, and refund any cash deposit made to secure the 
payment of antidumping duties with respect to entries of the 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after September 27, 2006, but before December 26, 2006 (i.e., the 90 
days prior to the date of publication of the Preliminary 
Determination).
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP, pursuant to section 735(c)(3) of the Act, 
will require, at the same time as importers would normally deposit 
estimated duties on this merchandise, a cash deposit equal to the 
estimated weighted-average antidumping duty margins as listed below. 
The ``PRC-wide'' rate applies to all exporters of subject merchandise 
not specifically listed. The weighted-average dumping margins are as 
follows:

           PSF from the PRC - Weighted-average Dumping Margins
------------------------------------------------------------------------
        Exporter & Producer             Weighted-Average Deposit Rate
------------------------------------------------------------------------
Cixi Jiangnan Chemical Co., Ltd....                           de minimis
Far Eastern Industries (Shanghai)                           3.47[percnt]
 Ltd...............................
Ningbo Dafa Chemical Fiber Co.,                             4.86[percnt]
 Ltd...............................
Cixi Sansheng Chemical Fiber Co.,                           4.44[percnt]
 Ltd...............................
Cixi Santai Chemical Fiber Co.,                             4.44[percnt]
 Ltd...............................
Cixi Waysun Chemical Fiber Co.,                             4.44[percnt]
 Ltd...............................
Hangzhou Best Chemical Fibre Co.,                           4.44[percnt]
 Ltd...............................
Hangzhou Hanbang Chemical Fibre                             4.44[percnt]
 Co., Ltd..........................
Hangzhou Huachuang Co., Ltd........                         4.44[percnt]
Hangzhou Sanxin Paper Co., Ltd.....                         4.44[percnt]
Hangzhou Taifu Textile Fiber Co.,                           4.44[percnt]
 Ltd...............................
Jiaxang Fuda Chemical Fibre Factory                         4.44[percnt]
Nantong Luolai Chemical Fiber Co.                           4.44[percnt]
 Ltd...............................
Nanyang Textile Co., Ltd...........                         4.44[percnt]
Suzhou PolyFiber Co., Ltd..........                         4.44[percnt]
Xiamen Xianglu Fiber Chemical Co...                         4.44[percnt]
Zhaoqing Tifo New Fiber Co., Ltd...                         4.44[percnt]
Zhejiang Anshun Pettechs Fibre Co.,                         4.44[percnt]
 Ltd...............................

[[Page 30547]]

 
Zhejiang Waysun Chemical Fiber Co.,                         4.44[percnt]
 Ltd...............................
PRC-Wide Rate......................                        44.30[percnt]
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
PSF from the PRC pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room B-099 
of the main Commerce building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: May 21, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-10607 Filed 5-31-07; 8:45 am]
BILLING CODE 3510-DS-S