[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14512-14514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05205]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Certain Polyester Staple Fiber From the People's Republic of 
China: Preliminary Results and Rescission in Part of the 2011-2012 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on certain 
polyester staple fiber from the People's Republic of China (``PRC''). 
The period of review (``POR'') is June 1, 2011, through May 31, 2012. 
The Department has preliminarily determined that Far Eastern Industries 
(Shanghai) Ltd. and Far Eastern Polychem Industries (``Far Eastern'') 
and Huvis Sichuan Chemical Fiber Corp. and Huvis Sichuan Polyester 
Fiber Ltd. (``Huvis Sichuan'') are part of the PRC-wide entity.

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

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is certain polyester staple 
fiber.\1\ The product is currently classified under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') 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.\2\
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    \1\ See Decision Memorandum for Preliminary Results and 
Rescission in Part of 2011-2012 Antidumping Duty Administrative 
Review: Certain Polyester Staple Fiber from the People's Republic of 
China issued concurrently with this notice for a complete 
description of the Scope of the Order.
    \2\ See Notice of Antidumping Duty Order: Certain Polyester 
Staple Fiber from the People's Republic of China, 72 FR 30545 (June 
1, 2007) (``Order'').
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). For a 
full description of the methodology underlying our conclusions, please 
see ``Decision Memorandum for Preliminary Results of 2011-2012 
Antidumping

[[Page 14513]]

Duty Administrative Review: Certain Polyester Staple Fiber from the 
People's Republic of China'' (``Preliminary Decision Memorandum'') from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Paul Piquado, Assistant Secretary for 
Import Administration, dated concurrently with these preliminary 
results and hereby adopted by this notice. The Preliminary Decision 
Memorandum 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 it is available to 
all parties in the Central Records Unit (``CRU''), room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/ia/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Rescission in Part

    Due to the timely withdrawal of the requests for review, the 
Department is rescinding this administrative review for Hangzhou Best 
Chemical Fibre Co., Ltd., Hangzhou Sanxin Paper Co., Ltd., Hangzhou 
Huachuang Co., Ltd., Jiaxing Fuda Chemical Fibre Factory, Nantong 
Luolai Chemical Fiber Co., Ltd., Nanyang Textile Co., Ltd., and 
Zhaoqing Tifo New Fiber Co., Ltd.

Preliminary Results of Review

    The Department has preliminarily determined that Far Eastern and 
Huvis Sichuan are part of the PRC-wide entity, and that the following 
weighted-average dumping margin exists.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
PRC-wide Entity \3\.....................................           44.30
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    \3\ The PRC-wide entity includes Far Eastern and Huvis Sichuan.
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\4\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\5\ Case and rebuttal briefs should be filed using IA 
ACCESS.\6\
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    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\7\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs.
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    \7\ See 19 CFR 351.310(c).
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    The Department will issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\8\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
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    \8\ See 19 CFR 351.212(b)(1).
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    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\9\ We 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 either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \9\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For the PRC-wide entity, we will instruct CBP to assess antidumping 
duties at an ad valorem rate equal to the weighted-average dumping 
margin published above.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
final results, as provided by sections 751(a)(2)(C) of the Act: (1) For 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate published for the most recently completed 
period; (2) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the PRC-wide entity, 44.30 percent; and (3) 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 exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 14514]]


    Dated: February 27, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05205 Filed 3-5-13; 8:45 am]
BILLING CODE 3510-DS-P