[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 52935-52936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Certain Polyester Staple Fiber From Korea: Rescission of 
Antidumping Duty Administrative Review

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

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Mary Kolberg, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-6478 and (202) 482-1785, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2011, the U.S. Department of Commerce (``Department'') 
published a notice of opportunity to request an administrative review 
of the antidumping order on polyester staple fiber from Korea. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 76 FR 
24460-01 (May 2, 2011). On May 31, 2011, in accordance with 19 CFR 
351.213(b), the Department received a timely request from DAK Americas 
LLC, and Auriga Polymers, Inc., successor to Invista, S.a.r.L. 
(collectively, ``Petitioners'') to conduct an administrative review of 
Huvis Corporation (``Huvis'') and Woongjin Chemical Co., Ltd. 
(``Woongjin'') for the period of review May 1, 2010, through

[[Page 52936]]

April 30, 2011. On May 27, and May 31, 2011, the Department also 
received timely administrative review requests from Huvis and Woongjin, 
respectively. On June 10, 2011, we informed Petitioners, Huvis, and 
Woongjin that their submissions did not conform to the Department's 
revised 19 CFR 351.303(g) certification language as announced in 
Certification of Factual Information to Import Administration During 
Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 
FR 7491 (February 10, 2011). Petitioners, Huvis, and Woongjin submitted 
the correct certification language in a timely manner.
    On June 28, 2011, in accordance with 19 CFR 351.221(c)(1)(i), the 
Department published the notice of initiation of this administrative 
review. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 37781 
(June 28, 2011).

Scope of the Order

    Polyester staple fiber covered by the scope of the order 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. Polyester staple fiber 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 5503.20.00.25 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 polyester staple fiber is excluded from the order. Low-melt 
polyester staple fiber 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. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written description of the merchandise covered by the scope of the 
order is dispositive.

Rescission of Antidumping Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party who requested 
the administrative review withdraws the request within 90 days of the 
date of publication of the notice of initiation of the requested 
administrative review. On June 28, and July 11, 2011, Petitioners 
withdrew their request for an administrative review of Huvis and 
Woongjin, respectively. On July 7, and July 11, 2011, Woongjin and 
Huvis, respectively, withdrew their requests for an administrative 
review.
    As Petitioners, Huvis, and Woongjin withdrew their requests for an 
administrative review within the 90-day period, the Department is 
rescinding this administrative review.

Assessment Instructions

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties at the cash deposit rate in 
effect at the time of entry or withdrawal from warehouse for 
consumption in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions to CBP 15 days 
after publication of this notice of rescission of administrative 
review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 subsequent assessment 
of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final 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)(3). 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 in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act, as amended, and 19 
CFR 351.213(d)(4).

    Dated: August 18, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2011-21664 Filed 8-23-11; 8:45 am]
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