[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