[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54898-54899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22002]
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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 Expedited Sunset Review of the Antidumping Duty
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 1, 2012, the Department of Commerce (``the
Department'') initiated the first five-year (``sunset'') review of the
antidumping duty order on certain polyester staple fiber from the
People's Republic of China (``PRC'') pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). On the basis of a notice
of intent to participate and an adequate substantive response filed on
behalf of the domestic interested party, as well as a lack of response
from respondent interested parties, the Department conducted an
expedited sunset review of the antidumping duty order, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As
a result of this sunset review, the Department finds that revocation of
the antidumping duty order on certain polyester staple fiber from the
PRC would be likely to lead to continuation or recurrence of dumping at
the levels indicated in the ``Final Results of Review'' section of this
notice.
[[Page 54899]]
DATES: Effective Date: September 6, 2012.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2012, the Department initiated the first sunset review of
the antidumping duty order on certain polyester staple fiber from the
PRC, pursuant to section 751(c) of the Act and 19 CFR 351.218(c)(2).\1\
The Department received a notice of intent to participate from DAK
Americas, LLC (``domestic interested party'') within the deadline
specified in 19 CFR 351.218(d)(1)(i).\2\ The domestic interested party
claimed interested party status under section 771(9)(C) of the Act, as
manufacturers of a domestic like product in the United States.
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\1\ See Initiation of Five-Year (``Sunset'') Review; Correction,
77 FR 28355 (May 14, 2012).
\2\ See Letter from domestic interested party, regarding:
``Polyester Staple Fiber From China: Five Year (``Sunset'') Review
of Antidumping Duty Order'', dated May 16, 2012.
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We received a complete substantive response from the domestic
interested party within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\3\ We received no responses from respondent
interested parties. As a result, the Department conducted an expedited
sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2).
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\3\ See Letter from domestic interested party, regarding:
``Polyester Staple Fiber From China: Five Year (``Sunset'') Review
of Antidumping Duty Order'', dated May 31, 2012.
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Scope of the Order
The merchandise subject to the order is certain polyester staple
fiber defined under the scope of the order 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 millimeters
(``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.
Merchandise subject to the order is currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings 5503.20.0045 (3.3 to 13.2 decitex) and 5503.20.00.65 (13.2
decitex or greater). Although the subheadings are provided for
convenience and customs purposes, our written description of the scope
of the order is dispositive.
The following products are excluded from the scope: Polyester
staple fiber of less than 3.3 decitex (less than 3 denier) currently
classifiable in the HTSUS at subheading 5503.20.00.25 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,
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 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).
Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum for the Expedited Sunset Review of the Antidumping
Duty Order on Certain Polyester Staple Fiber from the People's Republic
of China'' (``Decision Memorandum'') from Gary Taverman, Senior Advisor
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently with
and hereby adopted by this notice. The issues discussed in the Decision
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the margins likely to prevail if the order
was to be revoked. Parties may find a complete discussion of all issues
raised in the review and the corresponding recommendations in this
public memorandum which is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Services System (``IA ACCESS''). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit room 7046 of the main Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Web at http://ia.ita.doc.gov/frn. The signed Decision Memorandum
and the electronic versions of the Decision Memorandum are identical in
content.
Final Results of Review
We determine that revocation of the order would be likely to lead
to continuation or recurrence of dumping and that the magnitudes of the
margins of dumping likely to prevail are as follows:
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Margin of
Exporter dumping
(percent)
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Far Eastern Industries (Shanghai) Ltd..................... 3.47
Cixi Sansheng Chemical Fiber Co., Ltd..................... 4.44
Cixi Waysun Chemical Fiber Co., Ltd....................... 4.44
Hangzhou Best Chemical Fibre Co., Ltd..................... 4.44
Hangzhou Hanbang Chemical Fibre Co., Ltd.................. 4.44
Hangzhou Huachuang Co., Ltd............................... 4.44
Hangzhou Sanxin Paper Co., Ltd............................ 4.44
Hangzhou Taifu Textile Fiber Co., Ltd..................... 4.44
Jiaxang Fuda Chemical Fibre Factory....................... 4.44
Nantong Luolai Chemical Fiber Co. Ltd..................... 4.44
Nanyang Textile Co., Ltd.................................. 4.44
Suzhou PolyFiber Co., Ltd................................. 4.44
Xiamen Xianglu Fiber Chemical Co.......................... 4.44
Zhaoqing Tifo New Fiber Co., Ltd.......................... 4.44
Zhejiang Anshun Pettechs Fibre Co., Ltd................... 4.44
Zhejiang Waysun Chemical Fiber Co., Ltd................... 4.44
PRC-Wide Rate............................................. 44.30
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Notice Regarding Administrative Protective Order (``APO'')
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely notification of the return of 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.
This sunset review and notice are in accordance with sections
751(c), 752(c), and 771(i)(1) of the Act.
Dated: August 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22002 Filed 9-5-12; 8:45 am]
BILLING CODE 3510-DS-P