[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2366-2368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00463]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 2010-
2011

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

SUMMARY: On July 6, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the fourth 
administrative review of the antidumping duty order on certain 
polyester staple fiber (``PSF'') from the People's Republic of China 
(``PRC'').\1\ We gave interested parties an opportunity to comment on 
the Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
the final results. Further, we determine that Huvis Sichuan Co., Ltd. 
(``Huvis Sichuan'') had no reviewable entries of subject merchandise 
during the period of review (``POR'').
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    \1\ See Certain Polyester Staple Fiber From the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review, 77 FR 39990 (July 6, 2012) (``Preliminary 
Results'').

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DATES: Effective January 11, 2013.

FOR FURTHER INFORMATION CONTACT: Steven Hampton or Susan Pulongbarit, 
AD/CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0116 and (202) 482-4031 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2012, the Department published the Preliminary Results. 
Between August 8, 2012, and August 20, 2012, interested parties 
submitted surrogate value information and rebuttal surrogate value 
comments. Interested parties were further provided an opportunity to 
comment on the Preliminary Results. On September 21, 2012, the 
Department received a case brief from Zhaoqing Tifo New Fiber Co., Ltd. 
On September 28, 2012, the Department received a rebuttal brief from 
DAK Americas LLC.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the memorandum

[[Page 2367]]

entitled, ``Certain Polyester Staple Fiber from the People's Republic 
of China: Issues and Decision Memorandum for the Final Results of the 
2010-2011 Administrative Review'' (``I&D Memo''), which is dated 
concurrently with and adopted by this notice. A list of the issues 
which parties raised and to which we respond in the I&D Memo is 
attached to this notice as Appendix I. The I&D Memo is a public 
document and is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the I&D Memo can be 
accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed I&D Memo and the electronic versions of the I&D Memo are 
identical in content.

Changes Since the Preliminary Results

    The Department has made changes to the preliminary margin 
calculation. Specifically, we:
     Used the 2010 financial statement of P.T. Tifico Fiber 
Indonesia Tbk. to calculate all surrogate financial ratios.\2\ As a 
result of that decision, we did not separately value electricity and 
water in the final margin program because these factors of production 
are already captured in the surrogate financial ratios.
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    \2\ See I&D Memo at Comment II.
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     Corrected various errors as described in the Analysis Memo 
and Surrogate Value Memo.\3\
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    \3\ See Memorandum to the File, through Scot T. Fullerton, 
Program Manager, Office 9, from Steven Hampton, International Trade 
Analyst, Office 9, regarding Analysis of the Final Results of the 
Fourth Administrative Review for Certain Polyester Staple Fiber from 
the People's Republic of China: Zhaoqing Tifo New Fibre Co., Ltd., 
dated January 4, 2013, (``Analysis Memo'') and Memorandum to the 
File, through Scot T. Fullerton, Program Manager, Office 9, from 
Steven Hampton, International Trade Analyst, Office 9, regarding 
2010-2011 Antidumping Duty Administrative Review of Certain 
Polyester Staple fiber from the People's Republic of China: 
Surrogate Values for the Final Results dated January 4, 2013 
(``Surrogate Value Memo'').
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Scope of the Order

    The merchandise subject to the order is certain polyester staple 
fiber.\4\ The product is currently classified under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') item numbers 
5503.20.0045 and 5503.20.0065. Although the HTSUS numbers are provided 
for convenience and customs purposes, the written description of the 
scope of the order remains dispositive.\5\
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    \4\ See I&D Memo for a complete description of the Scope of the 
Order.
    \5\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007).
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Final Determination of No Shipments

    On September 22, 2011, the Department received a no-shipment 
certification from Huvis Sichuan. To confirm the facts behind this 
assertion, the Department issued a no-shipment inquiry to U.S. Customs 
Border and Protection (``CBP'') requesting that it provide any 
information that contradicted the no-shipment claim. The Department 
received no information from CBP indicating that there were reviewable 
transactions from Huvis Sichuan during the POR.
    On August 6, 2012, the Department received comments on the 
Preliminary Results from Huvis Sichuan.\6\ Huvis Sichuan noted that the 
Preliminary Results should have included notice that the Department 
intends to rescind this review with respect to Huvis Sichuan. The 
Department inadvertently omitted this information from the Preliminary 
Results. Therefore, we determine that Huvis Sichuan had no reviewable 
entries of subject merchandise during the POR. Consistent with our 
``automatic assessment'' clarification, the Department will issue 
appropriate instructions to CBP based on our final results.\7\
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    \6\ See Letter from Huvis Sichuan regarding Certain Polyester 
Staple Fiber from China; 4th Administrative Review, dated August 6, 
2012.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement''); see also the ``Assessment'' section of this 
notice, below.
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Final Results of Review

    The weighted-average dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
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Zhaoqing Tifo New Fiber Co., Ltd........................            9.98
PRC-wide Entity (which includes Far Eastern Industries             44.30
 (Shanghai) Ltd., and Far Eastern Polychem Industries)..
------------------------------------------------------------------------

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. Pursuant 
to 19 CFR 351.212(b)(1), we will calculate importer-specific ad valorem 
duty assessment rates based on the ratio of the total amount of the 
dumping calculated for the importer's examined sales to the total 
entered value of those same sales. The Department will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.50 percent). 
Where an importer-specific assessment rate is zero or de minimis, the 
Department will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties in accordance with 19 CFR 
351.106(c)(2).
    The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales database submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e. at that exporter's 
rate) will be liquidated at the NME-wide rate.\8\
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    \8\ See Assessment Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that exporter); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have a separate rate, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the

[[Page 2368]]

most recent period; (3) for all PRC exporters of subject merchandise 
which have not been found to be entitled to a separate rate, the cash 
deposit rate will be 44.30 percent, the rate for the PRC-wide entity; 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporters that supplied that non-PRC exporter. 
The deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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 violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Comment 1. Surrogate Value for Steam Coal
Comment 2. Surrogate Financial Ratios
Comment 3. Surrogate Value for Inland Freight
Comment 4. Surrogate Value for Water
Comment 5. Surrogate Value for Brokerage & Handling
Comment 6. Ministerial Error
Comment 7. Huvis Sichuan's No Shipments Certification
Comment 8. Zeroing

[FR Doc. 2013-00463 Filed 1-10-13; 8:45 am]
BILLING CODE 3510-DS-P