[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Notices]
[Pages 69193-69195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23815]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-833]


Certain Polyester Staple Fiber From Taiwan: Final Results of 
Antidumping Duty Administrative Review

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

SUMMARY: On June 6, 2007, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain polyester staple fiber from Taiwan. We gave 
interested parties an opportunity to comment on the preliminary 
results. Based on our analysis of the comments received and an 
examination of our calculations, we have made certain changes for the 
final results. The final weighted-average dumping margin for Far 
Eastern Textile Limited is listed below in the ``Final Results of the 
Review'' section of this notice.

DATES: Effective Dates: December 7, 2007.

FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, 
Office 1, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3853 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2007, the Department of Commerce (``the Department'') 
published in the Federal Register the preliminary results of the sixth 
administrative review of the antidumping duty order on certain 
polyester staple fiber (``PSF'') from Taiwan. See Certain Polyester 
Staple Fiber from Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review, 72 FR 31283 (June 6, 2007). We invited 
interested parties to comment on the preliminary results.
    On October 24, 2007, we received case briefs from Wellman, Inc. and 
Invista, S.a.r.l. (collectively, ``the petitioners''), and Far Eastern 
Textile Limited (``FET'' or ``respondent''). On November 6, 2007, we 
received rebuttal briefs from the FET and Fibertex Corporation 
(``Fibertex'' or ``importer''), an importer of subject merchandise.

Period of Review

    The period of review (``POR'') is May 1, 2005, through April 30, 
2006.

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 5503.20.00.25 \1\ 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

[[Page 69194]]

PSF is defined as a bi-component fiber with an outer sheath that melts 
at a significantly lower temperature than its inner core.
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    \1\ The most current edition of the Harmonized Tariff Schedule 
of the United States (2006)--Supplement 1 (Rev 1) (August 1, 2006) 
incorporates the revision of HTSUS number 5503.20.00.20 to 
5503.20.00.25.
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    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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the December 3, 2007, ``Issues and 
Decision Memorandum for the Sixth Antidumping Duty Administrative 
Review of Certain Polyester Staple Fiber from Taiwan'' (``Decision 
Memorandum''), which is hereby adopted by this notice. Attached to this 
notice as an appendix is a list of the issues which parties have raised 
and to which we have responded in the Decision Memorandum. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Department's Central Records Unit, Room B-099 of the main 
Department building (``CRU''). In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Fair Value Comparisons

    To determine whether FET's sales of PSF to the United States were 
made at less than normal value (``NV''), we compared export price 
(``EP'') to the NV. We calculated EP, NV, constructed value (``CV''), 
and the cost of production (``COP''), based on the same methodologies 
used in the preliminary results, except that we did not weight-average 
FET's raw material costs for the final results.

Results of the COP Test

    Pursuant to section 773(b)(2)(C)(i) of the Act, where less than 20 
percent of sales of a given product were at prices less than the COP, 
we did not disregard any below-cost sales of that product because we 
determined that the below-cost sales were not made in ``substantial 
quantities.'' Where 20 percent or more of a respondent's sales of a 
given product during the POR were at prices less than the COP, we 
determined such sales to have been made in ``substantial quantities.'' 
See section 773(b)(2)(C) of the Act. The sales were made within an 
extended period of time in accordance with section 773(b)(2)(B) of the 
Act, because we examined below-cost sales occurring during the entire 
POR. In such cases, because we compared prices to POR-average costs, we 
also determined that such sales were not made at prices which would 
permit recovery of all costs within a reasonable period of time, in 
accordance with section 773(b)(2)(D) of the Act.
    We found that, for certain products, more than 20 percent of the 
respondent's home market sales were at prices less than the COP and, 
thus, the below-cost sales were made within an extended period of time 
and in substantial quantities. In addition, these sales were made at 
prices that did not permit the recovery of costs within a reasonable 
period of time. Therefore, we excluded these sales and used the 
remaining sales, if any, as the basis for determining NV, in accordance 
with section 773(b)(1) of the Act.

Final Results of the Review

    We find that the following dumping margin exists for the period May 
1, 2005, through April 30, 2006:

------------------------------------------------------------------------
                                             Weighted-average margin
         Exporter/manufacturer                     percentage
------------------------------------------------------------------------
Far Eastern Textile Limited...........  0.30 (de minimis).
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries.
    FET has indicated that it was not the importer of record for any of 
its sales to the United States during the POR. FET reported the name of 
its U.S. customer as the importer of record for all U.S. sales. As 
such, FET did not report the entered value for any of its U.S. sales. 
Accordingly, we have calculated importer-specific assessment rates for 
the merchandise in question by aggregating the dumping margins 
calculated for all U.S. sales to each importer and dividing this amount 
by the total quantity of those sales. To determine whether the duty 
assessment rates were de minimis, in accordance with the requirement 
set forth in 19 CFR 351.106(c)(2), we calculated importer-specific ad 
valorem ratios based on the estimated entered value.
    Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department will issue assessment instructions directly to CBP 15 days 
after publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by the respondent for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements are effective for all shipments 
of PSF from Taiwan entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results, 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 (except no cash 
deposit will be required if its weighted-average margin is de minimis, 
i.e., less than 0.5 percent); (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in 
the original less-than-fair-value investigation, the cash deposit rate 
will continue to be the most recent rate published in the final 
determination for which the manufacturer or exporter received an 
individual rate; (3) if the exporter is not a firm covered in this 
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 review, the 
cash deposit rate will be 7.31 percent, the ``all others'' rate 
established in Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Polyester Staple Fiber From the Republic of 
Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber From 
the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000). These 
cash deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.

[[Page 69195]]

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order 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 these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix I

    List of Comments in the Decision Memorandum
    Comment 1: Application of Total Adverse Facts Available.
    Comment 2: Fluctuating Monthly Costs.

[FR Doc. E7-23815 Filed 12-6-07; 8:45 am]
BILLING CODE 3510-DS-P