[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Pages 54265-54266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21707]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Polyester Staple Fiber From Taiwan: Final Results of Antidumping
Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 13, 2014, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on polyester staple fiber (PSF) from Taiwan.\1\
For these final results, we continue to find that Far Eastern New
Century Corporation (FENC) has not sold subject merchandise at less
than normal value, and that Nan Ya Plastics Corporation (Nan Ya) had no
shipments during the period of review (POR).
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\1\ See Polyester Staple Fiber From Taiwan: Preliminary Results
of Antidumping Duty Administrative Review; 2012-2013, 79 FR 33906
(June 13, 2014) (Preliminary Results).
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DATES: Effective Date: September 11, 2014
FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0180, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2014, the Department published the Preliminary Results.
The POR is May 1, 2012 through April 30,
[[Page 54266]]
2013. We invited interested parties to comment on the Preliminary
Results. We received no comments.
The Department 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 PSF. PSF 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. PSF 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 PSF 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 PSF is excluded from the order. Low-
melt PSF 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 5503.20.00.40, 5503.20.00.45, 5503.20.00.60,
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 Determination of No Shipments
For the final results of this review, we determine that Nan Ya had
no shipments during the POR.
Final Results of the Review
The Department made no changes to its 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 FENC for the
POR.
Assessment Rates
In accordance with the Final Modification,\2\ the Department will
instruct U.S. Customs and Border Protection (CBP) to liquidate all
appropriate entries for FENC without regard to antidumping duties.
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\2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification).
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For entries of subject merchandise during the POR produced by FENC
for which it did not know its merchandise was destined for the United
States, 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, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
Consistent with the Assessment Policy Notice, because we continue
to find that Nan Ya had no shipments of subject merchandise to the
United States, we will instruct CBP to liquidate any applicable entries
of subject merchandise at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction.
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 0.00 percent, the weighted average dumping margin established in the
final results of this administrative review; (2) for Nan Ya and
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding;
(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 manufacturer of the
merchandise for the most recently completed segment of this proceeding;
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 7.31 percent.\3\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\3\ 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).
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Notification to Importers
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 double 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 destruction 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
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: September 5, 2014.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2014-21707 Filed 9-10-14; 8:45 am]
BILLING CODE 3510-DS-P