AD/CVD message 7134201 - CASH DEPOSITS FOR THE NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYESTER STAPLE FIBER FROM CHINA (A-570-905)

7134201
May 14, 2007
Active

Category: Antidumping • Type: Final Determination And Order • Cases: A-570-905

MESSAGE NO: 7134201 DATE: 05 14 2007
CATEGORY: ADA TYPE: FNO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 905 - -
- - - -
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PERIOD COVERED: 04 19 2007 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: CASH DEPOSITS FOR THE NOTICE OF FINAL DETERMINATION IN
THE ANTIDUMPING DUTY INVESTIGATION OF POLYESTER STAPLE
FIBER FROM CHINA (A-570-905)

1. ON APRIL 19, 2007, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER (72 FR 19690) ITS FINAL DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF CERTAIN POLYESTER STAPLE FIBER ("PSF") FROM THE
PEOPLE'S REPUBLIC OF CHINA ("PRC").

2. SCOPE LANGUAGE

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 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.

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 ORDERS IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-905.

4. THE DEPARTMENT OF COMMERCE FOUND THAT NO FINAL MARGIN EXISTS
WITH RESPECT TO IMPORTS OF PSF FROM THE PRC WHICH WAS
MANUFACTURED AND EXPORTED BY CIXI JIANGNAN CHEMICAL CO., LTD.
(A-570-905-001). ACCORDINGLY, THE CUSTOMS AND BORDER PROTECTION
SERVICE ("CBP") IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION OF SHIPMENTS OF PSF MANUFACTURED BY CIXI JIANGNAN
CHEMICAL CO., LTD. ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER DECEMBER 26, 2006. ANY BOND OR SECURITY
POSTED SHOULD BE RELEASED AND ANY CASH DEPOSIT SHOULD BE
REFUNDED. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT
OF 1930 DO NOT APPLY.

5. FOR IMPORTS OF PSF FROM THE PRC NOT MANUFACTURED AND EXPORTED
BY CIXI JIANGNAN CHEMICAL CO., LTD. OR FAR EASTERN INDUSTRIES
(SHANGHAI) LTD., CBP SHALL CONTINUE TO SUSPEND LIQUIDATIONS OF
SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER DECEMBER 26, 2006. EFFECTIVE APRIL 19,
2007 CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR
THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID (MARGIN/AD
VALOREM)
EXPORTER NUMBER (PERCENTAGE)

NINGBO DAFA CHEMICAL FIBER A-570-905-003 4.86%
CO., LTD.

CIXI SANSHENG CHEMICAL FIBER A-570-905-004 4.44%
CO., LTD.

CIXI SANTAI CHEMICAL FIBER A-570-905-005 4.44%
CO., LTD.

CIXI WAYSUN CHEMICAL FIBER A-570-905-006 4.44%
CO., LTD.

HANGZHOU BEST CHEMICAL FIBRE A-570-905-007 4.44%
CO., LTD.

HANGZHOU HANBANG CHEMICAL A-570-905-008 4.44%
FIBRE CO., LTD.

HANGZHOU HUACHUANG CO., LTD. A-570-905-009 4.44%

HANGZHOU SANXIN PAPER CO., LTD.A-570-905-010 4.44%

HANGZHOU TAIFU TEXTILE FIBER A-570-905-011 4.44%
CO., LTD.

JIAXANG FUDA CHEMICAL A-570-905-012 4.44%
FIBRE FACTORY

NANTONG LUOLAI CHEMICAL A-570-905-013 4.44%
FIBER CO. LTD.

NANYANG TEXTILE CO., LTD. A-570-905-014 4.44%

SUZHOU POLYFIBER CO., LTD. A-570-905-015 4.44%

XIAMEN XIANGLU FIBER CHEMICAL CO.A-570-905-016 4.44%

ZHAOQING TIFO NEW FIBER CO., LTD.A-570-905-017 4.44%

ZHEJIANG ANSHUN PETTECHS A-570-905-018 4.44%
FIBRE CO., LTD.

ZHEJIANG WAYSUN CHEMICAL A-570-905-019 4.44%
FIBER CO., LTD.

PRC-WIDE RATE A-570-905-000 44.30%

6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CBP
OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND
ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY
IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING
DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO
POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES,
CBP OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND
ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE
TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING
REQUIREMENTS.

7. THE DEPARTMENT OF COMMERCE HAS DETERMINED THAT CRITICAL
CIRCUMSTANCES EXIST FOR IMPORTS OF PSF FROM THE PRC WHICH WAS
MANUFACTURED AND EXPORTED BY FAR EASTERN INDUSTRIES (SHANGHAI)
LTD. FOR IMPORTS OF PSF MANUFACTURED AND EXPORTED BY FAR
EASTERN INDUSTRIES (SHANGHAI) LTD., CBP SHALL CONTINUE TO
SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM

WAREHOUSE, FOR CONSUMPTION ON OR AFTER SEPTEMBER 28, 2006, WHICH
IS 90 DAYS PRIOR TO THE DATE OF PUBLICATION OF THE PRELIMINARY
DETERMINATION. EFFECTIVE APRIL 19, 2007, CBP SHALL REQUIRE FOR
ENTRIES A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
MARGIN RATES SHOWN BELOW FOR THE FOLLOWING MANUFACTURERS,
PRODUCERS, OR EXPORTERS:

MFR/PRODUCER CUSTOMS ID (MARGIN/AD
VALOREM)
EXPORTER NUMBER (PERCENTAGE)

FAR EASTERN INDUSTRIES A-570-905-002 3.47%
(SHANGHAI) LTD.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9: MSH).

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA