[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65517-65518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29467]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Certain Polyester Staple Fiber from the Republic of Korea: Final 
Results of the 2007-2008 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 9, 2009, the Department of Commerce published the 
preliminary results of the eighth administrative review of the 
antidumping duty order on certain polyester staple fiber from the 
Republic of Korea. The review covers the shipments of subject 
merchandise to the United States by Huvis Corporation. Based on our 
analysis of the comments received from interested parties, we have made 
no changes for the final results. The final weighted-average dumping 
margins are listed below in the ``Final Results of the Review'' section 
of this notice.

EFFECTIVE DATE: December 10, 2009.

FOR FURTHER INFORMATION CONTACT: Seth Isenberg 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-
0588 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 9, 2009, the Department of Commerce (``the Department'') 
published Certain Polyester Staple Fiber from the Republic of Korea: 
Preliminary Results of the 2007/2008 Antidumping Duty Administrative 
Review, 74 FR 27281 (June 9, 2009) (``Preliminary Results'') in the 
Federal Register.
    From July 27 to July 31, 2009, the Department conducted a 
verification of Huvis Corporation's (``Huvis'') submitted cost 
information. The Department reported its findings on September 15, 
2009. See Memorandum to the File, ``Verification of the Cost Response 
of Huvis Corporation in the Antidumping Review of Certain Polyester 
Staple Fiber from the Republic of Korea'' dated September 15, 2009. 
This report is on file in the Department's Central Records Unit 
(``CRU'') in room 1117 of the main Department building.
    On September 18, 2009, the Department published in the Federal 
Register an extension of the time limit for the completion of the final 
results of this review until no later than December 7, 2009, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.213(h)(2). See Certain Polyester 
Staple Fiber from the Republic of Korea: Extension of Time Limit for 
the Final Results of the 2007-2008 Antidumping Duty Administrative 
Review, 74 FR 47919 (September 18, 2009).
    On September 28, 2009, Huvis filed a case brief. On October 5, 
2009, Invista, S.a.r.L., and DAK Americas, LLC (collectively, ``the 
petitioners'') filed a rebuttal brief.

Scope of the Order

    For the purposes of the 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 the 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 is specifically excluded from the order. Also 
specifically excluded from the 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 the order. Low-melt PSF is defined as a bi-component fiber with an 
outer sheath that melts at a significantly lower temperature than its 
inner core.
    The merchandise subject to the 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 the order is 
dispositive.

Period of Review

    The period of review (``POR'') is May 1, 2007, through April 30, 
2008.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the December 7, 2009, Issues and Decision 
Memorandum for the Eighth Antidumping Duty Administrative Review of 
Certain Polyester Staple Fiber from the Republic of Korea (``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 CRU. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web. at http://ia.itadoc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Fair Value Comparisons

    To determine whether sales of PSF from the Republic of Korea 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.

Final Results of the Review

    We find that the following margin percentage exists for the period 
May 1, 2007, through April 30, 2008:

------------------------------------------------------------------------
                                                       Weighted-average
                    Manufacturer                       margin percentage
------------------------------------------------------------------------
Huvis Corporation...................................               1.50%
------------------------------------------------------------------------

Assessment Rates

    Huvis submitted evidence demonstrating that it was the importer of 
record for certain of its POR sales. We examined the customs entry 
documentation submitted by Huvis and

[[Page 65518]]

tied it to the U.S. sales listing. Therefore, for purposes of 
calculating the importer-specific assessment rates, we have treated 
Huvis as the importer of record for certain POR shipments. Pursuant to 
19 CFR 351.212(b)(1), for all sales where Huvis is the importer of 
record, Huvis submitted the reported entered value of the U.S. sales 
and we have calculated importer-specific assessment rates based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of those sales.
    Regarding sales where Huvis was not the importer of record, we note 
that Huvis did not report the entered value for the U.S. sales in 
question. Accordingly, we have calculated importer-;specific per-;unit 
duty 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 U.S. Customs and 
Border Protection (``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 intends to issue assessment 
instructions directly to CBP 15 days after publication of the 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 
POR produced by companies included in these final results for which the 
reviewed companies did not know their 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. Id.

Cash Deposit Rates

    The following antidumping duty deposits will be required on all 
shipments of certain PSF from the Republic of Korea entered, or 
withdrawn from warehouse, for consumption, effective on or after the 
publication date of the final results of this administrative review, as 
provided by section 751(a)(1) of the Act: (1) the cash deposit rates 
for the reviewed companies will be the rate listed above (except no 
cash deposit will be required if a company's 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 or a previous review, 
the cash deposit rate will continue to be the most recent rate 
published in the final determination or final results for which the 
manufacturer or exporter received an individual rate; (3) if the 
exporter is not a firm covered in this review, a prior 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, a prior review, or 
the investigation, the cash deposit rate will be 7.91 percent, the all-
others rate established in Certain Polyester Staple Fiber from the 
Republic of Korea: Notice of Amended Final Determination and Amended 
Order Pursuant to Final Court Decision, 68 FR 74552 (December 24, 
2003). These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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(a)(3), 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 sanctionable violation.
    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 2, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Decision Memorandum
Comment 1: Valuation of Upstream Inputs Consumed in Qualified 
Terephthalic Acid
Comment 2: Offsetting Negative Margins
[FR Doc. E9-29467 Filed 12-9-09; 8:45 am]
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