Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,349
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Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Notices
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 tocomply 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
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-881]
Continuation of Antidumping Duty
Order on Malleable Cast Iron Pipe
Fittings From the People's Republic of
China
AGENCY: International Trade
Administration, Department of
Commerce.
DATES: Effective Date: April 22, 2009.
SUMMARY: As a result of the
determinations by the Department of
Commerce ("Department") and the
International Trade Commission ("ITC")
that revocation of the antidumping duty
order on malleable cast iron pipe fittings
("malleable pipe fittings") from the
People's Republic of China ("PRC")
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, the Department is publishing a
notice of continuation of the
antidumping duty order.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Sergio Balbontin, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482-4474 or (202) 482-6478,respectively.
18349
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132938/m1/71/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.