[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38938-38939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15448]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-833]


Polyester Staple Fiber From Taiwan: Final Results of Antidumping 
Duty Administrative Review; 2011-2012

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

SUMMARY: On March 22, 2013, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyester staple fiber (PSF) from Taiwan. The 
period of review is May 1, 2011, through April 30, 2012 (POR). We 
received no comments from interested parties. Accordingly, for the 
final results we continue to find that Far Eastern New Century 
Corporation (FENC) has not sold subject merchandise at less than normal 
value, and that Nan Ya Plastics Corporation (Nan Ya) had no shipments 
during the POR.

DATES: Effective Date: June 28, 2013.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

[[Page 38939]]

Background

    On March 22, 2013, the Department published the preliminary results 
of the administrative review of the antidumping duty order on PSF from 
Taiwan.\1\ We invited interested parties to comment on the Preliminary 
Results. None were received.
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    \1\ See Polyester Staple Fiber From Taiwan: Preliminary Results 
of Antidumping Duty Administrative Review; 2011-2012, 78 FR 17637 
(March 22, 2013) (Preliminary Results).
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    The Department has conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).

Scope of the Order

    The product covered by the order 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 
order 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 order. Also 
specifically excluded from the order 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 order. 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 order is currently classifiable in 
the HTSUS at subheadings 5503.20.00.40, 5503.20.00.45, 5503.20.00.60, 
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 order is dispositive.

Final Determination of No Shipments

    For the final results of this review, we determine that Nan Ya had 
no shipments during the POR.

Final Results of the Review

    The Department made no changes to its calculations announced in the 
Preliminary Results. As a result of our review, we determine that a 
weighted-average dumping margin of 0.00 percent exists for FENC for the 
POR.

Assessment Rates

    In accordance with the Final Modification,\2\ the Department will 
instruct U.S. Customs and Border Protection (CBP) to liquidate entries 
for FENC without regard to antidumping duties.
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    \2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\3\ This clarification will apply to entries of subject 
merchandise during the POR produced by FENC for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
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    \3\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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    Consistent with the Assessment Policy Notice, because we continue 
to find that Nan Ya had no shipments of subject merchandise to the 
United States, we will instruct CBP to liquidate any applicable entries 
of subject merchandise at the all-others rate if there is no rate for 
the intermediate company(ies) involved in the transaction.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of PSF from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for FENC will 
be 0.00 percent, the weighted average dumping margin established in the 
final results of this administrative review; (2) for Nan Ya and 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding; 
(3) if the exporter is not a firm covered in this review, a prior 
review, or the original investigation but the manufacturer is, the cash 
deposit rate will be the rate established for the manufacturer of the 
merchandise for the most recently completed segment of this proceeding; 
(4) the cash deposit rate for all other manufacturers or exporters will 
continue to be 7.31 percent, the all-others rate established in the 
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). These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice serves as a final 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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.
    The Department is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-15448 Filed 6-27-13; 8:45 am]
BILLING CODE 3510-DS-P