2886 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO as explained in 

the administrative protective order 

itself. 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 the terms of an 

APO is a sanctionable violation. 

This notice of the final results of this 

administrative review is issued and 

published in accordance with sections 

751(a)(1) and 777(i) of the Act. 

Dated: January 10, 2011. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

Appendix 

List of Comments and Issues in the Issues 

and Decision Memorandum 

Comment 1: Selection of the Primary 

Surrogate Country 

A. Economic Comparability 

B. Significant Production of Comparable 

Merchandise 

C. Best Available Surrogate Value 

Information 

Comment 2: Surrogate Financial Statements 

A. General Comments 

B. Receipt of Subsidies 

C. Contemporaneity of Financial 

Statements 

D. Selection of Financial Statements Based 

on Sales and Production 

E. Selection of Financial Statements Based 

on Primary Business Activity 

Comment 3: Surrogate Financial Statements 

Contained on the Record 

Comment 4: Whether it is Appropriate To 

Change the Primary Surrogate Country 

Between Issuance of the Preliminary and 

Final Results 

[FR Doc. 2011–925 Filed 1–14–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–905] 

Certain Polyester Staple Fiber From 

the People’s Republic of China: Final 

Results and Partial Rescission of 

Second Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 14, 2010, the 

Department of Commerce 

(‘‘Department’’) published in the Federal 

Register the preliminary results of the 

second administrative review of the 

antidumping duty order on certain 

polyester staple fiber (‘‘PSF’’) from the 

People’s Republic of China (‘‘PRC’’). See 

Certain Polyester Staple Fiber From the 

People’s Republic of China: Notice of 

Preliminary Results and Preliminary 

Rescission, in Part, of the Antidumping 

Duty Administrative Review, 75 FR 

40777 (July 14, 2010) (‘‘Preliminary 

Results’’). We gave interested parties an 

opportunity to comment on the 

Preliminary Results. Based upon our 

analysis of the comments and 

information received, we made changes 

to the margin calculations for the final 

results. We continue to find that sales 

have not been made below normal value 

(‘‘NV’’) with respect to the mandatory 

respondents who participated fully and 

are entitled to a separate rate in this 

administrative review. 

DATES: Effective Date: January 18, 2011. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Huang or Steven Hampton, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–4047 and (202) 

482–0116 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 14, 2010, the Department 

published the Preliminary Results of the 

second administrative review of the 

antidumping duty order on certain PSF 

from the PRC. On July 26, 2010, Ningbo 

Dafa Chemical Fiber Co., Ltd. (‘‘Ningbo 

Dafa’’) and Cixi Santai Chemical Fiber 

Co., Ltd. (‘‘Cixi Santai’’), the mandatory 

respondents in this review, submitted 

additional information regarding 

domestic brokerage and handling. On 

August 3, 2010, Ningbo Dafa and Cixi 

Santai submitted additional surrogate 

value (‘‘SV’’) information. 

As part of the Preliminary Results, we 

instructed interested parties to submit 

case briefs on August 13, 2010, 30 days 

after the publication of the Preliminary 

Results. On August 3, 2010, we placed 

additional export data and wage rate 

data on the record of this administrative 

review and invited interested parties to 

comment in their case briefs with the 

deadline extended to September 1, 

2010. On September 1, 2010, Cixi 

Sansheng Chemical Fiber Co., Ltd., 

Hangzhou Best Chemical Fibre Co., Ltd. 

(‘‘Hangzhou Best’’), Hangzhou 

Huachuang Co., Ltd., Hangzhou Sanxin 

Paper Co., Ltd., Nantong Luolai 

Chemical Fiber Co., Ltd., NanYang 

Textiles Co., Ltd., Zhejiang Waysun 

Chemical Fiber Co., Ltd., Cixi Waysun 

Chemical Fiber Co., Ltd., and Zhaoqing 

Tifo New Fiber Co., Ltd. (collectively, 

the ‘‘Certain Separate Rate Companies’’) 

filed a case brief regarding what 

antidumping duty rate should be 

assigned to them. Also on September 1, 

2010, Ningbo Dafa, Cixi Santai, the 

Certain Separate Rate Companies, 

Consolidated Textiles, Inc., Fibertex 

Corporation, and Stein Fibers Limited 

filed separate case briefs addressing the 

other case issues. 

On October 26, 2010, the Department 

issued a memorandum regarding the 

Department’s proposed industryspecific wage rate methodology for the 

final results and invited interested 

parties to comment. On November 5, 

2010, Ningbo Dafa and Cixi Santai filed 

comments on the Department’s wage 

rate methodology. On November 10, 

2010, DAK Americas LLC (‘‘Petitioner’’) 

filed rebuttal comments. 

The Department did not hold a public 

hearing pursuant to 19 CFR 351.310(d), 

as any hearing request made by 

interested parties was withdrawn. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to these 

reviews are addressed in the ‘‘Certain 

Polyester Staple Fiber from the People’s 

Republic of China: Issues and Decision 

Memorandum for the Final Results of 

2008/2009 Administrative Review,’’ 

which is dated concurrently with and 

adopted by this notice (‘‘Decision 

Memo’’). A list of the issues which 

parties raised and to which we respond 

in the Decision Memo is attached to this 

notice as an Appendix. The Decision 

Memo is a public document and is on 

file in the Central Records Unit, main 

Commerce building, Room 7046, and is 

accessible on the Department’s Web site 

at http://www.trade.gov/ia. The paper 

copy and electronic version of the 

memorandum are identical in content. 

Period of Review 

The period of review (‘‘POR’’) is June 

1, 2008, through May 31, 2009. 

Scope of the Order 

The merchandise covered by 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. PSF is generally used as stuffing 

in sleeping bags, mattresses, ski jackets, 

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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 2887 

1 Dorbest Ltd. v. United States, 604 F.3d 1363, 

1372 (Fed. Cir. 2010). 

comforters, cushions, pillows, and 

furniture. 

The following products are excluded 

from the scope: (1) PSF 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 PSF for 

spinning and generally used in woven 

and knit applications to produce textile 

and apparel products; (2) 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 (3) 

low-melt PSF 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 PSF 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. 

Changes Since the Preliminary Results 

Based on a review of the record as 

well as comments received from parties 

regarding our Preliminary Results, we 

have made revisions to certain SVs and 

the margin calculations for Ningbo Dafa 

and Cixi Santai in the final results. 

Specifically, we have updated the 

calculation for labor and brokerage and 

handling SVs. See Decision Memo and 

the company specific analysis 

memoranda. 

Wage Rate Methodology 

Pursuant to a recent decision by the 

United States Court of Appeals for the 

Federal Circuit, we have calculated a 

revised hourly wage rate to use in 

valuing Ningbo Dafa and Cixi Santai’s 

reported labor.1 The revised wage rate is 

calculated by averaging earnings and/or 

wages in countries that are 

economically comparable to the PRC 

and that are significant producers of 

comparable merchandise, pursuant to 

section 773 of the Act. See Decision 

Memo at Comment 1. 

Separate Rates 

In our Preliminary Results, we 

determined that the following 

companies met the criteria for separate 

rate status in addition to the mandatory 

respondents Ningbo Dafa and Cixi 

Santai: Far Eastern Industries 

(Shanghai), Ltd. (aka Far Eastern 

Polychem Industries); Cixi Sansheng 

Chemical Fiber Co., Ltd.; Cixi Waysun 

Chemical Fiber Co. Ltd.; Hangzhou 

Hanbang Chemical Fibre Co., Ltd.; 

Hangzhou Huachuang Co., Ltd.; 

Hangzhou Sanxin Paper Co., Ltd.; 

Hangzhou Taifu Textile Fiber Co., Ltd.; 

Jiaxing Fuda Chemical Fibre Factory; 

Nantong Loulai Chemical Fiber Co., 

Ltd.; Nanyang Textile Co., Ltd.; 

Zhaoqing Tifo New Fiber Co., Ltd.; 

Zhejiang Anshun Pettechs Fibre Co., 

Ltd.; and Zhejiang Waysun Chemical 

Fiber Co., Ltd. We have not received any 

information since the issuance of the 

Preliminary Results that provides a basis 

for the reconsideration of these 

preliminary determinations. Therefore, 

the Department continues to find the 

above-named companies meet the 

criteria for a separate rate. 

PRC-Wide Entity 

In the Preliminary Results, the 

Department determined that those 

companies which did not demonstrate 

eligibility for a separate rate are 

properly considered part of the PRCwide entity. Since the Preliminary 

Results, none companies submitted 

comments regarding these findings. 

Therefore, we continue to treat such 

entities as part of the PRC-wide entity. 

Final Partial Rescission 

In the Preliminary Results, the 

Department preliminarily rescinded this 

review with respect to Hangzhou Best 

and Xiamen Xianglu Chemical Fiber Co. 

(‘‘Xiamen Xianglu’’) because the 

Department preliminarily determined 

that they had no shipments of subject 

merchandise to the United States during 

the POR. We have not received any 

information since the issuance of the 

Preliminary Results that provides a basis 

for reconsidering rescinding the review 

with respect to these two companies. 

Thus, in accordance with 19 CFR 

351.213(d)(3), and consistent with our 

practice, we are rescinding this review 

with respect to Hangzhou Best and 

Xiamen Xianglu. 

Final Results of Review 

The dumping margins for the POR are 

as follows: 

CERTAIN POLYESTER STAPLE FIBER FROM THE PEOPLE’S REPUBLIC OF CHINA

Manufacturer/Exporter 

Weighted average 

margin 

(percent) 

Ningbo Dafa Chemical Fiber Co., Ltd. .................................................................................................................................... * 0.00 

Cixi Santai Chemical Fiber Co., Ltd. ....................................................................................................................................... * 0.29 

Far Eastern Industries (Shanghai) Ltd. (aka Far Eastern Polychem Industries) .................................................................... 4.44 

Cixi Sansheng Chemical Fiber Co., Ltd. ................................................................................................................................. 4.44 

Cixi Waysun Chemical Fiber 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 

Jiaxing Fuda Chemical Fibre Factory ...................................................................................................................................... 4.44 

Nantong Loulai Chemical Fiber Co., Ltd. ................................................................................................................................ 4.44 

Nanyang Textile Co., Ltd. ........................................................................................................................................................ 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 

* (de minimis). 

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2888 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 

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. We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review if any importer-specific 

assessment rate calculated in the final 

results of this review is above 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) The cash 

deposit rate for each of the reviewed 

companies that received a separate rate 

in this review will be the rate listed in 

the final results of review (except that 

if the rate for a particular company is de 

minimis, i.e., less than 0.5 percent, no 

cash deposit will be required for that 

company); (2) for previously 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recent period of review; (3) if 

the exporter is not a firm covered in this 

review, a prior review, or the original 

less than fair value 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; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will be the PRC-wide rate 

of 44.30 percent. These 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: January 10, 2011. 

Christian Marsh, 

Acting Deputy Assistant Secretary for Import 

Administration. 

Appendix 

General Comments 

Comment 1: Surrogate Value for Labor 

Comment 2: Surrogate Value for Brokerage & 

Handling 

Comment 3: Brokerage & Handling in Market 

Economy Purchase Price 

Comment 4: Zeroing 

Certain Separate Rate Companies Comments 

Comment 5: Separate Rate Assignment 

[FR Doc. 2011–923 Filed 1–14–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA148 

Marine Mammals; File No. 16000 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Wild Horizons LTD, 59 Cotham Hill, 

Cotham, Bristol, BS6 6JR, United 

Kingdom, has applied in due form for a 

permit to conduct commercial or 

educational photography of bottlenose 

dolphins (Tursiops truncatus). 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

February 17, 2011. 

ADDRESSES: The application and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 713–2289; fax (301) 713–0376; 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, Florida 

33701; phone (727) 824–5312; fax (727) 

824–5309. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. 

Please include File No. 16000 in the 

subject line of the e-mail comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Joselyd Garcia-Reyes or Kristy Beard, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), and the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). Section 104(c)(6) provides for 

photography for educational or 

commercial purposes involving nonendangered and non-threatened marine 

mammals in the wild. 

Wild Horizons LTD requests a twoyear photography permit to film 

bottlenose dolphin strand feeding 

events in the estuaries and creeks of 

Bull Creek and around Hilton Head, 

South Carolina. Filmmakers plan to use 

two filming platforms: An inflatable 21ft 

boat and a helicopter. Up to 2,500 

dolphins annually may be approached 

and filmed. Filming would occur over 

three to four week session and would be 

completed by August 2012. Footage 

would be used to create a 7-part 

television series, Wild Planet: North 

America, for the Discovery Channel. 

The premise of the series is to provide 

a definitive guide to the natural history 

of the North American Continent and 

have a dedicated episode to each biome. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

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