[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Notices]
[Pages 38612-38613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16651]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839, A-583-833]
Certain Polyester Staple Fiber From the Republic of Korea and
Taiwan: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 1, 2011, the Department of Commerce (the Department)
initiated the second sunset reviews of the antidumping duty orders on
polyester staple fiber (PSF) from the Republic of Korea (Korea) and
Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). See Initiation of Five-Year (``Sunset'') Review, 76
FR 11202 (March 1, 2011) (Notice of Initiation). The Department has
conducted expedited (120-day) sunset reviews of these orders. As a
result of these sunset reviews, the Department finds that revocation of
the antidumping duty orders would be likely to lead to continuation or
recurrence of dumping as indicated in the ``Final Results of Reviews''
section of this notice.
DATES: Effective Date: July 1, 2011.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0198 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2011, the Department initiated sunset reviews of the
antidumping duty orders on PSF from Korea and Taiwan pursuant to
section 751(c) of the Act. See Notice of Initiation. The Department
received a notice of intent to participate from DAK Americas, LLC,
Palmetto Synthetics LLC, and U.S. Fibers (collectively, the domestic
interested parties) within the deadline specified in 19 CFR
351.218(d)(1)(i). The domestic interested parties claimed interested-
party status under section 771(9)(C) of the Act as manufacturers of a
domestic like product in the United States. We received a complete
substantive response from the domestic interested parties within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no
responses from any respondent interested parties. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department is conducting expedited (120-day) sunset reviews of the
antidumping duty orders on PSF from Korea and Taiwan.
Scope of the Orders
The product covered by the orders is 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
orders 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 in
the Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 5503.20.00.20 is specifically excluded from the orders. Also
specifically excluded from the orders are PSF 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 orders. 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 orders 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 subject to the orders is
dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the ``Issues
and Decision Memorandum for the Expedited Sunset Reviews of the
Antidumping Duty Orders on Certain Polyester Staple Fiber from the
Republic of Korea and Taiwan'' from Gary Taverman, Acting Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Deputy Assistant Secretary for Import
Administration, dated concurrently with this notice (Issues and
Decision Memo), which is hereby adopted by this notice. The issues
discussed in the Issues and Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margin
likely to prevail if the orders were revoked. Parties can find a
complete discussion of all issues raised in these sunset reviews and
the corresponding recommendations in this public memorandum which is on
file in room 7046 of the main Commerce Department building.
In addition, a complete version of the Issues and Decision Memo can
be accessed directly on the Internet at http://ia.ita.doc.gov. The
paper copy and electronic version of the Issues and Decision Memo are
identical in content.
Final Results of Reviews
The Department determines that revocation of the antidumping duty
orders on PSF from Korea and Taiwan
[[Page 38613]]
would be likely to lead to continuation or recurrence of dumping at the
following weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-
average
Country Company margin
(percent)
------------------------------------------------------------------------
Korea............................... Sam Young............. 7.91
All Others............ 7.91
Taiwan.............................. Far Eastern........... 11.50
Nan Ya................ 3.79
All Others............ 7.31
------------------------------------------------------------------------
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely written notification
of the destruction of APO materials or conversion to judicial
protective orders is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
The Department is issuing and publishing these final results and
this notice in accordance with sections 751(c), 752(c), and 777(i)(1)
of the Act.
Dated: June 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-16651 Filed 6-30-11; 8:45 am]
BILLING CODE 3510-DS-P