[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17637-17639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06674]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Polyester Staple Fiber From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyester staple
fiber (PSF) from Taiwan. The period of review (POR) is May 1, 2011,
through April 30, 2012. The review covers two producers/exporters of
the subject merchandise, Far Eastern New Century Corporation (FENC) and
Nan Ya Plastics Corporation (Nan Ya). We preliminarily find that FENC
has not
[[Page 17638]]
sold subject merchandise at less than normal value and that Nan Ya had
no shipments during the POR.
DATES: Effective Date: March 22, 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:
Scope of the Order
The merchandise subject to the order is PSF. The PSF subject to the
order is currently classifiable under subheadings 5503.20.00.40,
5503.20.00.45, 5503.20.00.60, and 5503.20.00.65 of the Harmonized
Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are
provided for convenience and customs purposes. A full description of
the scope of the order is contained in the memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Polyester Staple Fiber from
Taiwan'' dated concurrently with this notice (``Preliminary Decision
Memorandum''), which is hereby adopted by this notice. The written
description is dispositive.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available to registered users at
http://iaaccess.trade.gov and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No Shipments
Nan Ya reported that it did not sell or export subject merchandise
to the United States during the POR.\1\ Based on record evidence, we
preliminarily find that Nan Ya had no shipments during the POR.
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\1\ See the no shipment letter filed by Nan Ya on August 31,
2012.
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Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. Normal value
is calculated in accordance with section 773 of the Act. In accordance
with section 773(b) of the Act, we disregarded certain sales by FENC in
the home market which were made at below-cost prices and were outside
of the ordinary course of trade. To determine the appropriate
comparison method, the Department applied a ``differential pricing''
analysis and has preliminarily determined to use the average-to-average
method in making comparisons of export price or constructed export
price and normal value for FENC. For a full description of the
methodology underlying our conclusions, see Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for FENC for the
period May 1, 2011, through April 30, 2012.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\3\
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\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.309(d)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice. Requests
should contain: (1) The party's name, address and telephone number; (2)
the number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If FENC's weighted-
average dumping margin is not zero or de minimis in the final results
of this review, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for an importer's examined sales and the total entered value
of such sales in accordance with 19 CFR 351.212(b)(1). If FENC's
weighted-average dumping margin continues to be zero or de minimis in
the final results of review, we will instruct CBP not to assess duties
on any of its entries in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \4\
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\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\5\ 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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\5\ 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, if we continue to
find that Nan Ya had no shipments of subject merchandise to the United
States in the final results of this review, we intend to instruct CBP
to liquidate any existing entries of merchandise produced by Nan
[[Page 17639]]
Ya and exported by other parties at the all-others rate.
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 the rate established in the final results of this administrative
review; (2) for previously reviewed or investigated companies not
listed above, 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 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 preliminary 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 18, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
Scope of the Order
Preliminary Determination of No Shipments
Verification
Comparisons to Normal Value
Product Comparisons
Date of Sale
Export Price
Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Cost of Production
D. Calculation of Normal Value Based on Comparison Market Prices
Currency Conversion
[FR Doc. 2013-06674 Filed 3-21-13; 8:45 am]
BILLING CODE 3510-DS-P