[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38939-38941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15459]


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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; 2011-
2012

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


[[Page 38940]]


SUMMARY: On March 6, 2013, the Department of Commerce (the 
``Department'') published the Preliminary Results of the 2011-2012 
administrative review of the antidumping duty order on certain 
polyester staple fiber (``PSF'') from the People's Republic of China 
(``PRC'').\1\ The period of review (``POR'') is June 1, 2011, through 
May 31, 2012. We received no comments from interested parties. The 
final dumping margin is listed in the ``Final Results of Review'' 
section below.
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    \1\ See 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, 78 FR 14512 (March 
6, 2013) (``Preliminary Results'').

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DATES: Effective Date: June 28, 2013.

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:

Background

    On March 6, 2013, the Department published the Preliminary Results 
of the administrative review of the antidumping duty order on certain 
polyester staple fiber from the PRC. We invited interested parties to 
comment on the Preliminary Results. None were received. 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 merchandise subject to the order is 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 subject merchandise 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.
    The following products are excluded from the scope of the order: 
(1) PSF of less than 3.3 decitex (less than 3 denier) currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at 5503.20.0025 and known to the industry as PSF for 
spinning and generally used in woven and knit applications to produce 
textile and apparel products; (2) PSF of 10 to 18 denier that are cut 
to lengths of 6 to 8 inches and that are generally used in the 
manufacture of carpeting; and (3) low-melt PSF defined as a bi-
component fiber with an outer, non-polyester sheath that melts at a 
significantly lower temperature than its inner polyester core 
(classified at HTSUS 5503.20.0015).
    Certain PSF is classifiable under the 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 
merchandise under the order is dispositive.

PRC-Wide Entity

    In the Preliminary Results, the Department noted that Far Eastern 
Industries (Shanghai) Ltd. and Far Eastern Polychem Industries 
(collectively ``Far Eastern'') does not have a separate rate, and, 
therefore, it is under review as part of the PRC-wide entity.\2\ Also 
in the Preliminary Results, the Department determined that Huvis 
Sichuan Chemical Fiber Corp. and Huvis Sichuan Polyester Fiber Ltd. 
(collectively ``Huvis Sichuan'') failed to demonstrate its continued 
eligibility for a separate rate, and is considered to be part of the 
PRC-wide entity. After issuing the Preliminary Results, the Department 
received no comments from interested parties. Therefore, for these 
final results, in accordance with section 776(a) and (b) of the Act, 
and as explained in more detail in the Preliminary Results, the 
Department continues to find that Far Eastern and Huvis Sichuan are 
part of the PRC-wide entity.
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    \2\ See Preliminary Results, 78 FR at 14513, and accompanying 
Decision Memorandum for Preliminary Results and Rescission in Part 
of the 2011-2012 Antidumping Duty Administrative Review: Certain 
Polyester Staple Fiber from the People's Republic of China at 5.
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Final Results of Review

    The Department has made no changes to the Preliminary Results. As a 
result of our review, we determine that a dumping margin of 44.3 
percent exists for the PRC-wide entity \3\ for the POR.
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    \3\ The PRC-wide entity includes Far Eastern and Huvis Sichuan.
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Assessment

    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.\4\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. The Department announced a refinement to its assessment 
practice in non-market economy (``NME'') cases.\5\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases 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.\6\ 
For the PRC-wide entity, we will instruct CBP to assess antidumping 
duties at an ad valorem rate equal to the dumping margin published 
above.
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    \4\ See 19 CFR 351.212(b)(1).
    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \6\ See id.
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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 
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 
segment of this proceeding in which that exporter participated; (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.

Notifications

    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

[[Page 38941]]

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.
    This notice also serves as a reminder to parties subject to the 
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 or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the 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. 2013-15459 Filed 6-27-13; 8:45 am]
BILLING CODE 3510-DS-P