[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Page 60802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25299]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839, A-583-833]


Certain Polyester Staple Fiber From the Republic of Korea and 
Taiwan: Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty orders on certain polyester 
staple fiber from the Republic of Korea (Korea) and Taiwan would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing a notice 
of continuation for the antidumping duty orders.

DATES: Effective Date: September 30, 2011.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2011, the Department initiated and the ITC instituted 
sunset reviews of the antidumping duty orders on polyester staple fiber 
from Korea and Taiwan \1\ 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); see also Certain Polyester Staple 
Fiber From Korea and Taiwan, 76 FR 11268 (March 1, 2011).
---------------------------------------------------------------------------

    \1\ On May 25, 2000, the Department published the following 
antidumping duty orders: 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); 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).
---------------------------------------------------------------------------

    As a result of the sunset reviews, the Department determined that 
revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping and, therefore, notified the ITC 
of the magnitude of the margins likely to prevail should the orders be 
revoked. See Certain Polyester Staple Fiber From the Republic of Korea 
and Taiwan: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 76 FR 38612 (July 1, 2011).
    On August 30, 2011, pursuant to section 751(c) of the Act, the ITC 
determined that revocation of the antidumping duty orders on polyester 
staple fiber from Korea and Taiwan would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Certain Polyester Staple 
Fiber From Korea and Taiwan, Inv. Nos. 731-TA-825 and 826 (Second 
Review), USITC Publication 4257 (September 13, 2011). See also Certain 
Polyester Staple Fiber From Korea and Taiwan, 76 FR 58040 (September 
19, 2011).

Scope of the Orders

    The product covered by the orders is 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 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.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on PSF from Korea and Taiwan.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of these orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year reviews of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 777(i)(1) of the Act.

    Dated: September 23, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-25299 Filed 9-29-11; 8:45 am]
BILLING CODE 3510-DS-P