[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69702-69703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29050]
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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, and
Revocation of an Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2011, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the 2009-
2010 administrative review of the antidumping duty order on certain
polyester staple fiber from the People's Republic of China
(``PRC'').\1\ We gave interested parties an opportunity to comment on
the Preliminary Results. None were received. As such, these final
results do not differ from the Preliminary Results. We find that the
mandatory respondents in this review, Ningbo Dafa Chemical Fiber Co.,
Ltd. (``Ningbo Dafa'') and Cixi Santai Chemical Fiber Co., Ltd. (``Cixi
Santai'') did not sell subject merchandise at less than normal value
during the period of review (``POR''), June 1, 2009, through May 31,
2010. The final dumping margin for this administrative review 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: Notice of Preliminary Results of the Antidumping
Duty Administrative Review, and Intent To Revoke Order in Part, 76
FR 40329 (July 8, 2011) (``Preliminary Results'').
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DATES: Effective Date: November 9, 2011.
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
As noted above, on July 8, 2011, the Department published the
Preliminary Results of the administrative review of certain polyester
staple fiber from the PRC. The Department did not receive comments from
interested parties on our Preliminary Results.
Changes Since the Preliminary Results
We have not made any changes to our Preliminary Results.
[[Page 69703]]
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. Polyester staple fiber 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) Polyester staple fiber of less than 3.3 decitex (less than 3
denier) currently classifiable in the Harmonized Tariff Schedule of the
United States (``HTSUS'') at subheading 5503.20.0025 and known to the
industry as polyester staple fiber for spinning and generally used in
woven and knit applications to produce textile and apparel products;
(2) polyester staple fiber 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 polyester staple fiber 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 polyester staple fiber is classifiable under the HTSUS
subheadings 5503.20.0045 and 5503.20.0065. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under the order is dispositive.
Revocation of Order, in Part
In the Preliminary Results, we preliminarily determined that Ningbo
Dafa and Cixi Santai qualify for revocation from the antidumping duty
order on certain polyester staple fiber from the PRC, and invited
parties to comment. None were received. Accordingly, in accordance with
19 CFR 351.222(b)(2)(ii), we are revoking the order on certain
polyester staple fiber from the PRC manufactured and exported by Ningbo
Dafa or Cixi Santai to the United States.
Final Results of Review
The dumping margins for the POR are as follows:
------------------------------------------------------------------------
Antidumping duty
Company margin
(percent)
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Ningbo Dafa Chemical Fiber Co., Ltd................... 0.00
Cixi Santai Chemical Fiber Co., Ltd................... 0.00
Hangzhou Sanxin Paper Co., Ltd........................ 4.44
Zhaoqing Tifo New Fiber Co., Ltd...................... 4.44
Huvis Sichuan Chemical Fiber Corporation.............. 4.44
Zhejiang Waysun Chemical Fiber Co., Ltd............... 4.44
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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. 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 (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
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 company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the 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 the PRC-wide rate of 44.3 percent;
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: November 2, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29050 Filed 11-8-11; 8:45 am]
BILLING CODE 3510-DS-P