[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54561-54562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21873]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Certain Polyester Staple Fiber From Taiwan: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2012, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on certain polyester staple fiber from Taiwan. The period of
review is May 1, 2010, through April 30, 2011. We gave interested
parties an opportunity to comment on the preliminary results, but we
received no comments. The final weighted-average dumping margin for Far
Eastern New Century Corporation is listed below in the ``Final Results
of the Review'' section of this notice.
DATES: Effective Date: September 5, 2012.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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) 482-0198.
Background
On June 1, 2012, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain polyester staple fiber from Taiwan.
See Certain Polyester Staple Fiber From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review, 77 FR 32503 (June 1, 2012)
(Preliminary Results). We invited interested parties to comment on the
Preliminary Results. We received no comments from interested parties.
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 polyester staple fiber.
Polyester staple fiber 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. Polyester staple
fiber 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 polyester staple fibers 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 polyester staple
fiber is excluded from the order. Low-melt polyester staple fiber 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 5503.20.00.45 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 Results of the Review
We made no changes to our 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 Far Eastern New
Century Corporation for the period May 1, 2010, through April 30, 2011.
Assessment Rates
In accordance with the Final Modification, we will instruct U.S.
Customs and Border Protection (CBP) to liquidate the reviews entries
without regard to antidumping duties. See Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment Rate
in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the period of review produced by Far Eastern New
Century Corporation 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. For
a full discussion of this clarification, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
The Department intends to issue assessment instructions directly to
CBP 15 days after publication of these final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of polyester staple fiber from Taiwan entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(1) of the Act: (1) The cash
deposit rate for Far Eastern New Century Corporation will be 0.00
percent; (2) for merchandise exported by manufacturers
[[Page 54562]]
or exporters not covered in this review but covered in the original
less-than-fair-value investigation or previous reviews, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (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 most recent period for the manufacturer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 7.31 percent, the all-others rate established in 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 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 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 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 notification of the
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.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 28, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21873 Filed 9-4-12; 8:45 am]
BILLING CODE 3510-DS-P