[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2886-2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-923]


-----------------------------------------------------------------------

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 industry-specific 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,

[[Page 2887]]

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.
---------------------------------------------------------------------------

    \1\ Dorbest Ltd. v. United States, 604 F.3d 1363, 1372 (Fed. 
Cir. 2010).
---------------------------------------------------------------------------

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 PRC-wide 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
------------------------------------------------------------------------
                                                      Weighted average
               Manufacturer/Exporter                  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                     4.44
 Eastern Polychem Industries).....................
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).


[[Page 2888]]

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