[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18348-18349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9246]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-833]


Certain Polyester Staple Fiber From Taiwan: Final Results of 
Antidumping Duty Administrative Review

AGENCY: International Trade Administration, Department of Commerce.

SUMMARY: On February 5, 2009, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain polyester staple fiber from Taiwan. The period of 
review is May 1, 2007, through April 30, 2008. We gave interested 
parties an opportunity to comment on the preliminary results. We 
received no comments on our preliminary results. The final weighted-
average dumping margin for Far Eastern Textiles Ltd. is listed below in 
the ``Final Results of Review'' section of this notice.

DATES: Effective Date: April 22, 2009.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office 5, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230, telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION:

Background

    On February 5, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain polyester staple fiber from Taiwan. 
See Certain Polyester Staple Fiber From Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review, 74 FR 6136 (February 5, 2009) 
(Preliminary Results). We invited interested parties to comment on the 
Preliminary Results. We did not receive comments from any interested 
parties and we did not make any changes to the margin calculations for 
the final results. The Department has conducted this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

[[Page 18349]]

Scope of the Order

    The product covered by the order is certain polyester staple fiber 
(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 5503.20.00.45 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 Results of Review

    As a result of our review, we determine that a weighted-average 
dumping margin of 1.97 percent exists for Far Eastern Textiles Ltd. for 
the period May 1, 2007, through April 30, 2008.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Although Far Eastern Textiles Ltd. indicated that it was not 
the importer of record for any of its sales to the United States during 
the period of review, it reported the names of the importers of record 
for all of its U.S. sales. Because Far Eastern Textiles Ltd. also 
reported the entered value for all of its U.S. sales, we have 
calculated importer-specific assessment rates for the merchandise in 
question by aggregating the dumping margins we calculated for all U.S. 
sales to each importer and dividing this amount by the total entered 
value of those sales.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Clarification). This clarification will apply to entries of subject 
merchandise during the period of review produced by Far Eastern 
Textiles Ltd. 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. For a 
full discussion of this clarification, see Assessment Clarification.
    The Department intends to issue assessment instructions directly to 
CBP 15 days after publication of these final results of review.

Cash-Deposit Requirements

    The following antidumping duty deposit requirements are effective 
for all shipments of PSF from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results, as provided by section 751(a)(1) of the Act: (1) The 
cash-deposit rate for Far Eastern Textiles Ltd. is 1.97 percent; (2) 
for merchandise exported by manufacturers or exporters not covered in 
this review but covered in the original less-than-fair-value 
investigation or previous reviews, 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 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 shall 
remain in effect until further notice.

Notifications

    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 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 in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 16, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9246 Filed 4-21-09; 8:45 am]
BILLING CODE 3510-DS-P