[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1336-1338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-275]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


First Administrative Review of Certain Polyester Staple Fiber 
From the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 7, 2009, the Department of Commerce (``Department'') 
published in the Federal Register the preliminary results of the first 
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 of the Antidumping 
Duty Administrative Review and Extension of Time Limit for the Final 
Results, 74 FR 32125 (July 7, 2009) (``Preliminary Results''). The 
period of review (``POR'') is from December 26, 2006, through May 31, 
2008, for 27 companies.\1\
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    \1\ Those companies are: Far Eastern Industries, Ltd., 
(Shanghai) and Far Eastern Polychem Industries; Ningbo Dafa Chemical 
Fiber Co., Ltd.; Cixi Sansheng Chemical Fiber Co., Ltd.; Cixi Santai 
Chemical Fiber Co., Ltd.; Cixi Waysun Chemical Fiber Co., Ltd.; 
Hangzhou Best Chemical Fibre 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.; Suzhou PolyFiber Co., Ltd.; Xiamen 
Xianglu Chemical Fiber Co.; Zhaoqing Tifo New Fiber Co., Ltd.; 
Zhejiang Anshun Pettechs Fibre Co., Ltd.; Zhejiang Waysun Chemical 
Fiber Co., Ltd.; Dragon Max Trading Development; Xiake Color 
Spinning Co., Ltd.; Jiangyin Hailun Chemical Fiber Co., Ltd.; 
Hyosung Singapore PTE Ltd.; Jiangyin Changlong Chemical Fiber Co., 
Ltd.; Ma Ha Company, Ltd.; Jiangyin Huahong Chemical Fiber Co., 
Ltd.; Jiangyin Mighty Chemical Fiber Co., Ltd.; and Huvis Sichuan.
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    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 dumping margin 
calculations for the final results. See Memorandum to the File from 
Emeka Chukwudebe, Case Analyst, through Alex Villanueva, Program 
Manager, Final Results Analysis for Ningbo Dafa Chemical Fiber Co., 
Ltd. (``Ningbo Dafa'') (December 11, 2009); and Memorandum to the File 
from Emeka Chukwudebe, Case Analyst, through Alex Villanueva, Program 
Manager, Final Results Analysis for Cixi Santai Chemical Fiber Co., 
Ltd. (``Santai'') (December 11, 2009). The final dumping margins are 
listed below in the section entitled ``Final Results of Review.''

DATES: Effective Date: January 11, 2010.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe (Ningbo Dafa), or 
Alexis Polovina (Santai) 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) 482-0219 and (202) 482-3927, respectively.

SUPPLEMENTARY INFORMATION:

Background

    As noted above, on July 7, 2009, the Department published the 
Preliminary Results of this administrative review where we also 
extended the deadline for the final results by 60 days. See Preliminary 
Results. On July 27, 2009, Ningbo Dafa submitted additional surrogate 
value information. On October 20, 2009, Petitioners \2\ and Respondents 
submitted case briefs. On October 26, 2009, Petitioners and Respondents 
submitted rebuttal briefs.
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    \2\ DAK Americas LLC and Nan Ya Plastics Corporation America.
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Scope of the Order

    The merchandise subject to this proceeding 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 silicon or other finish, or not coated. PSF is generally 
used as stuffing in sleeping bags, mattresses, ski jackets, 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

[[Page 1337]]

5503.20.0065. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise under the orders is dispositive.

Verification

    Pursuant to section 351.307(b)(iv) of the Department's regulations, 
we conducted verifications of respondents' questionnaire responses.\3\
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    \3\ Between August 31, 2009, and September 4, 2009, we conducted 
a verification of Santai. See ``Memorandum to the File through Alex 
Villanueva, Program Manager, Office 9, from Alexis Polovina, Case 
Analyst, Office 9, and Emeka Chukwudebe, Case Analyst, Office 9, re: 
Verification of the Sales and Processing Response of Cixi Santai 
Chemical Fiber Co., Ltd. in the Antidumping Administrative Review of 
Certain Polyester from the People's Republic of China,'' dated 
October 7, 2009. Between September 5, 2009, and September 11, 2009, 
we conducted a verification of Ningbo Dafa. See ``Memorandum to the 
File through Alex Villanueva, Program Manager, Office 9, from Emeka 
Chukwudebe, Case Analyst, Office 9, and Alexis Polovina, Case 
Analyst, Office 9, re: Verification of the Sales and Factors 
Response of Ningbo Dafa Chemical Fiber Co., Ltd. (``Ningbo Dafa'') 
in the Antidumping First Administrative Review of Certain Polyester 
Staple Fiber (``PSF'') from the People's Republic of China 
(``China''),'' dated October 8, 2009.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``First Antidumping Administrative 
Review of Certain Polyester Staple Fiber from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results,'' 
(``Decision Memo''), which is hereby adopted by this notice. 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 (``CRU''), 
Main Commerce Building, Room 1117, 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.

Separate Rates

    In the Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: Far Eastern 
Industries, Ltd., (Shanghai) and Far Eastern Polychem Industries; Cixi 
Sansheng Chemical Fiber Co., Ltd.; Cixi Waysun Chemical Fiber Co. Ltd., 
Hangzhou Best Chemical Fibre 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.; Xiamen Xianglu Chemical Fiber Co.; Zhaoqing Tifo New Fiber 
Co., Ltd.; Zhejiang Anshun Pettechs Fibre Co., Ltd.; and Zhejiang 
Waysun Chemical Fiber Co., Ltd. We received no comments on the 
Department's preliminary finding that these companies qualify for a 
separate rate. Therefore, for the final results, these companies will 
continue to receive the separate rate.
    In the Preliminary Results, we stated that the following 10 
companies did not submit either a separate-rate application or 
certification: Dragon Max Trading Development; Xiake Color Spinning 
Co., Ltd.; Jiangyin Hailun Chemical Fiber Co., Ltd.; Hyosung Singapore 
PTE Ltd.; Jiangyin Changlong Chemical Fiber Co., Ltd.; Ma Ha Company, 
Ltd.; Jiangyin Huahong Chemical Fiber Co., Ltd.; Jiangyin Mighty 
Chemical Fiber Co., Ltd.; Huvis Sichuan; and Suzhou PolyFiber Co., Ltd. 
We received no comments on the Department's preliminary finding that 
these 10 companies do not qualify for a separate rate. Therefore, for 
the final results, these companies will remain part of the PRC-wide 
entity and subject to the PRC-wide entity rate.

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 
the margin calculation for Ningbo Dafa and Santai in the final results. 
Specifically, we have updated the surrogate value for steam coal. See 
Decision Memo at Comment 1a. For all changes to the calculations of 
Ningbo Dafa and Santai, see the Decision Memo and company specific 
analysis memoranda.

Final Results of Review

    The weighted-average dumping margins for the POR are as follows:

   Certain Polyester Staple Fiber From the People's Republic of China
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                                                        Weighted average
                Manufacturer/exporter                   margin (percent)
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Ningbo Dafa Chemical Fiber Co., Ltd..................               0.00
Cixi Santai Chemical Fiber Co........................             * 0.02
Far Eastern Polychem Industries......................               4.44
Cixi Sansheng Chemical Fiber Co., Ltd................               4.44
Cixi Waysun Chemical Fiber Co. Ltd...................               4.44
Hangzhou Best Chemical Fibre 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
Xiamen Xianglu Chemical Fiber Co.....................               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
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* De minimis.


[[Page 1338]]

Assessment Rates

    Upon issuance of these final results, the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries covered by these 
reviews. The Department intends to issue assessment instructions to CBP 
15 days after the publication date of the final results of this review. 
Furthermore, we will instruct CBP to liquidate entries for all 
companies at the company-specific rate required at the time of entry. 
In accordance with 751(a)(2)(A) of the Tariff Act of 1930 (``Act'') and 
19 CFR 351.212(b)(1), we calculated importer (or customer)-specific 
assessment rates for the merchandise subject to this review. Where the 
respondent has reported reliable entered values, we calculated importer 
(or customer)-specific ad valorem rates by aggregating the dumping 
margins calculated for all U.S. sales to each importer (or customer) 
and dividing this amount by the total entered value of the sales to 
each importer (or customer). See 19 CFR 351.212(b)(1). Where an 
importer (or customer)-specific ad valorem rate is greater than de 
minimis, we will apply the assessment rate to the entered value of the 
importers'/customers' entries during the POR. Id.
    For the companies receiving a separate rate that were not selected 
for individual review, the assessment rate will be based on the rate 
from the investigation pursuant to section 735(c)(5)(B) of the Act.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of 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) For the exporters 
listed above, the cash deposit rate will be established in the final 
results of this review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, no cash deposit will be required for that 
company); (2) for previously investigated PRC and non-PRC exporters not 
listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise which have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 44.30 percent; and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporters that supplied that non-PRC exporter. 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 orders (``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 4, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

General Issues

Comment 1: Surrogate Values.
    A. Steam Coal.
    B. Labor.
Comment 2: Separate Rate.
Comment 3: Liquidation of Certain Entries.

Company-Specific Issues

Ningbo Dafa

Comment 4: Negotiation Files for Purchases of Bottle Flakes and 
Sales of PSF.
Comment 5: Invoice Numbering System.
Jianxin Fuda Chemical Fibre Factory.
Comment 6: Correction of Name in Federal Register Notice.

[FR Doc. 2010-275 Filed 1-6-10; 8:45 am]
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