80 FR 38174 - Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 127 (July 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 38174-38175 | |
| FR Document | 2015-16376 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Notices] [Pages 38174-38175] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16376] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-833] Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 24, 2015, 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) did not sell subject merchandise at less than normal value, and that Nan Ya Plastics Corporation (Nan Ya) had no shipments during the period of review (POR). --------------------------------------------------------------------------- \1\ See Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 15565 (March 24, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: July 2, 2015. FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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- 3683, and (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On March 24, 2015, the Department published the Preliminary Results. The POR is May 1, 2013 through April 30, 2014. 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. Changes Since the Preliminary Results The Department made no changes to its calculations announced in the Preliminary Results. Final Results of the Review For the final results of this review, we determine that a weighted- average dumping margin of 0.00 percent exists for FENC for the POR. Assessment Rates In accordance with 19 CFR 351.212 and 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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.\3\ --------------------------------------------------------------------------- \3\ 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 [[Page 38175]] 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 final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) 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.\4\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \4\ 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). --------------------------------------------------------------------------- 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) of the Act and 19 CFR 351.213(h). Dated: June 26, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-16376 Filed 7-1-15; 8:45 am] BILLING CODE 3510-DS-P
![38174 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Notices
DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE furniture. Merchandise of less than 3.3
decitex (less than 3 denier) currently
Foreign-Trade Zones Board International Trade Administration classifiable in the Harmonized Tariff
[A–583–833] Schedule of the United States (HTSUS)
[Order No. 1979] at subheading 5503.20.00.20 is
Polyester Staple Fiber From Taiwan: specifically excluded from the order.
Reorganization of Foreign-Trade Zone Final Results of Antidumping Duty Also specifically excluded from the
42 Under Alternative Site Framework; Administrative Review; 2013–2014 order are PSF of 10 to 18 denier that are
Orlando, Florida cut to lengths of 6 to 8 inches (fibers
AGENCY: Enforcement and Compliance, used in the manufacture of carpeting).
Pursuant to its authority under the Foreign- International Trade Administration, In addition, low-melt PSF is excluded
Trade Zones Act of June 18, 1934, as Department of Commerce. from the order. Low-melt PSF is defined
amended (19 U.S.C. 81a–81u), the Foreign- SUMMARY: On March 24, 2015, the as a bi-component fiber with an outer
Trade Zones Board (the Board) adopts the Department of Commerce (the sheath that melts at a significantly lower
following Order: Department) published the preliminary temperature than its inner core.
results of the administrative review of The merchandise subject to the order
Whereas, the Board adopted the
the antidumping duty order on is currently classifiable in the HTSUS at
alternative site framework (ASF) (15
polyester staple fiber (PSF) from subheadings 5503.20.00.40,
CFR 400.2(c)) as an option for the
Taiwan.1 For these final results, we 5503.20.00.45, 5503.20.00.60, and
establishment or reorganization of
continue to find that Far Eastern New 5503.20.00.65. Although the HTSUS
zones; subheadings are provided for
Century Corporation (FENC) did not sell
Whereas, the Greater Orlando subject merchandise at less than normal convenience and customs purposes, the
Aviation Authority, grantee of Foreign- value, and that Nan Ya Plastics written description of the merchandise
Trade Zone 42, submitted an Corporation (Nan Ya) had no shipments subject to the order is dispositive.
application to the Board (FTZ Docket B– during the period of review (POR).
2–2015, docketed 01–20–2015) for Final Determination of No Shipments
DATES: Effective Date: July 2, 2015.
authority to reorganize under the ASF For the final results of this review, we
FOR FURTHER INFORMATION CONTACT:
with a service area of Orange County, determine that Nan Ya had no
Bryan Hansen or Minoo Hatten, AD/ shipments during the POR.
Florida, in and adjacent to the Orlando
CVD Operations, Office I, Enforcement
Customs and Border Protection port of Changes Since the Preliminary Results
and Compliance, International Trade
entry, and FTZ 42’s existing Sites 1 and
Administration, U.S. Department of The Department made no changes to
2 would be categorized as magnet sites;
Commerce, 14th Street and Constitution its calculations announced in the
Whereas, notice inviting public Avenue NW., Washington, DC 20230; Preliminary Results.
comment was given in the Federal telephone: (202) 482–3683, and (202)
Register (80 FR 3951–3952, 01–26– 482–1690, respectively. Final Results of the Review
2015) and the application has been SUPPLEMENTARY INFORMATION: For the final results of this review, we
processed pursuant to the FTZ Act and determine that a weighted-average
the Board’s regulations; and, Background dumping margin of 0.00 percent exists
Whereas, the Board adopts the On March 24, 2015, the Department for FENC for the POR.
findings and recommendations of the published the Preliminary Results. The
Assessment Rates
examiner’s report, and finds that the POR is May 1, 2013 through April 30,
requirements of the FTZ Act and the 2014. We invited interested parties to In accordance with 19 CFR 351.212
Board’s regulations are satisfied; comment on the Preliminary Results. and the Final Modification,2 the
We received no comments. Department will instruct U.S. Customs
Now, therefore, the Board hereby and Border Protection (CBP) to liquidate
The Department conducted this
orders: all appropriate entries for FENC without
administrative review in accordance
The application to reorganize FTZ 42 with section 751(a) of the Tariff Act of regard to antidumping duties.
under the ASF is approved, subject to 1930, as amended (the Act). For entries of subject merchandise
the FTZ Act and the Board’s regulations, during the POR produced by FENC for
including § 400.13, to the Board’s Scope of the Order which it did not know its merchandise
standard 2,000-acre activation limit for The product covered by the order is was destined for the United States, we
the zone, and to an ASF sunset PSF. PSF is defined as synthetic staple will instruct CBP to liquidate
provision for magnet sites that would fibers, not carded, combed or otherwise unreviewed entries at the all-others rate
terminate authority for Site 2 if not processed for spinning, of polyesters if there is no rate for the intermediate
activated within five years from the measuring 3.3 decitex (3 denier, company(ies) involved in the
month of approval. inclusive) or more in diameter. This transaction.3
merchandise is cut to lengths varying Consistent with the Assessment Policy
Signed at Washington, DC, this 26th day of
from one inch (25 mm) to five inches Notice, because we continue to find that
June, 2015.
(127 mm). The merchandise subject to Nan Ya had no shipments of subject
Paul Piquado, merchandise to the United States, we
the order may be coated, usually with a
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assistant Secretary of Commerce for silicon or other finish, or not coated.
Enforcement and Compliance, Alternate 2 See Antidumping Proceedings: Calculation of
PSF is generally used as stuffing in
Chairman, Foreign-Trade Zones Board. the Weighted-Average Dumping Margin and
sleeping bags, mattresses, ski jackets, Assessment Rate in Certain Antidumping Duty
ATTEST: comforters, cushions, pillows, and Proceedings; Final Modification, 77 FR 8101, 8102
Elizabeth Whiteman, (February 14, 2012) (Final Modification).
1 See Polyester Staple Fiber From Taiwan: 3 For a full discussion, see Antidumping and
Acting Executive Secretary.
Preliminary Results of Antidumping Duty Countervailing Duty Proceedings: Assessment of
[FR Doc. 2015–16373 Filed 7–1–15; 8:45 am] Administrative Review; 2013–2014, 80 FR 15565 Antidumping Duties, 68 FR 23954 (May 6, 2003)
BILLING CODE 3510–DS–P (March 24, 2015) (Preliminary Results). (Assessment Policy Notice).
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![Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Notices 38175
will instruct CBP to liquidate any destruction of proprietary information 18, 2015, the Department published its
applicable entries of subject disclosed under APO in accordance affirmative Preliminary Determination
merchandise at the all-others rate if with 19 CFR 351.305(a)(3). Timely in the LTFV investigation of melamine
there is no rate for the intermediate written notification of the return or from the PRC.2 On June 5, 2015, Allied
company(ies) involved in the destruction of APO materials or Chemicals Inc. (‘‘Allied Chemicals’’)
transaction. conversion to judicial protective order is and Sichuan Golden-Elephant Sincerity
We intend to issue instructions to hereby requested. Failure to comply Chemical Co., Ltd. (‘‘Golden Elephant’’),
CBP 15 days after publication of the with the regulations and terms of an mandatory respondents in this
final results of this review. APO is a sanctionable violation. investigation, requested that the
Department postpone its final
Cash Deposit Requirements Notification to Interested Parties determination by 60 days (i.e., to 135
The following deposit requirements The Department is issuing and days after publication of the Preliminary
will be effective upon publication of the publishing these final results of Determination).3 On June 9, 2015,
final results of administrative review for administrative review in accordance Allied Chemicals and Golden Elephant
all shipments of subject merchandise with sections 751(a)(1), and 777(i) of the agreed to extend the application of the
entered, or withdrawn from warehouse, Act and 19 CFR 351.213(h). provisional measures prescribed under
for consumption on or after the Dated: June 26, 2015. section 733(d) of the Act and 19 CFR
publication date as provided by section 351.210(e)(2), from a four-month period
Paul Piquado,
751(a)(2)(C) of the Act: (1) The cash to a period not to exceed six months.4
deposit rate for FENC will be 0.00 Assistant Secretary for Enforcement and
Compliance. Postponement of Final Determination
percent, the weighted-average dumping
[FR Doc. 2015–16376 Filed 7–1–15; 8:45 am] Section 735(a)(2) of the Tariff Act of
margin established in the final results of
this administrative review; (2) for Nan BILLING CODE 3510–DS–P 1930, as amended (‘‘the Act’’), provides
Ya and previously reviewed or that a final determination may be
investigated companies not listed above, postponed until not later than 135 days
the cash deposit rate will continue to be DEPARTMENT OF COMMERCE after the date of the publication of the
the company-specific rate published for preliminary determination if, in the
International Trade Administration event of an affirmative preliminary
the most recently completed segment of
this proceeding; (3) if the exporter is not [A–570–020] determination, a request for such
a firm covered in this review, a prior postponement is made by exporters who
review, or the original investigation but Melamine From the People’s Republic account for a significant proportion of
the manufacturer is, the cash deposit of China: Postponement of Final exports of the subject merchandise, or in
rate will be the rate established for the Determination of Sales at Less Than the event of a negative preliminary
manufacturer of the merchandise for the Fair Value determination, a request for such
most recently completed segment of this postponement is made by the petitioner.
AGENCY: Enforcement and Compliance,
proceeding; (4) the cash deposit rate for Section 351.210(e)(2) of the
International Trade Administration,
all other manufacturers or exporters will Department’s regulations requires that
Department of Commerce.
continue to be 7.31 percent.4 These cash requests by respondents for
SUMMARY: The Department of Commerce postponement of a final determination
deposit requirements, when imposed,
(‘‘Department’’) is postponing the be accompanied by a request for
shall remain in effect until further
deadline for issuing the final extension of provisional measures from
notice.
determination in the less-than-fair-value a four-month period to a period not
Notification to Importers (‘‘LTFV’’) investigation of melamine more than six months in duration.
This notice serves as a final reminder from the People’s Republic of China In accordance with section
to importers of their responsibility (‘‘PRC’’) and is extending the 735(a)(2)(A) of the Act and 19 CFR
under 19 CFR 351.402(f)(2) to file a provisional measures from a four-month 351.210(b)(2)(ii), because (1) our
certificate regarding the reimbursement period to a period not more than six preliminary determination was
of antidumping duties prior to months in duration. affirmative; (2) the requesting producers
liquidation of the relevant entries DATES: Effective date: July 2, 2015. or exporters account for a significant
during this review period. Failure to FOR FURTHER INFORMATION CONTACT: proportion of exports of the subject
comply with this requirement could James Terpstra at (202) 482–3965, merchandise from their respective
result in the Secretary’s presumption Antidumping and Countervailing Duty country; and (3) no compelling reasons
that reimbursement of antidumping Operations, Enforcement and for denial exist, we are postponing the
duties occurred and the subsequent Compliance, International Trade
2 See Melamine from the People’s Republic of
assessment of double antidumping Administration, U.S. Department of
China: Preliminary Determinations of Sales at Less
duties. Commerce, 14th Street and Constitution Than Fair Value 80 FR 34891 (June 18, 2015)
Avenue NW., Washington, DC 20230. (‘‘Preliminary Determination’’).
Administrative Protective Orders 3 See the letter from Allied Chemicals and Golden
SUPPLEMENTARY INFORMATION: On
This notice also serves as a reminder December 9, 2014, the Department Elephant entitled, ‘‘Melamine from the People’s
to parties subject to administrative Republic of China; Respondents’ Request to Extend
published a notice of initiation of the the Due Date for the Preliminary Determination,’’
asabaliauskas on DSK5VPTVN1PROD with NOTICES
protective order (APO) of their LTFV investigations of melamine from dated June 5, 2015. Note that, although
responsibility concerning the the PRC and Trinidad and Tobago.1 The respondents’ June 5, 2015, letter was mistitled,
respondents clearly indicated on page two of the
4 The all-others rate established in the Notice of
period of investigation is April 1, 2014, submission that they were requesting postponement
Amended Final Determination of Sales at Less through September 30, 2014. On June of the final determination.
Than Fair Value: Certain Polyester Staple Fiber 4 See the letter from Allied Chemicals and Golden
From the Republic of Korea and Antidumping Duty 1 See Melamine from the People’s Republic of Elephant entitled, ‘‘Melamine from the People’s
Orders: Certain Polyester Staple Fiber From the China and Trinidad and Tobago: Initiation of Republic of China; Clarification of Respondents’
Republic of Korea and Taiwan, 65 FR 33807 (May Antidumping Duty Investigations, 79 FR 73037 June 5, 2015 Request to Extend the Due Date for the
25, 2000). (December 9, 2014). Final Determination,’’ dated June 9, 2015.
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Document Created: 2015-12-15 13:15:32
Document Modified: 2015-12-15 13:15:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Bryan Hansen 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- 3683, and (202) 482-1690, respectively. | |
| FR Citation | 80 FR 38174 |
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