[Federal Register: October 12, 2001 (Volume 66, Number 198)]
[Notices]               
[Page 52107-52108]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc01-39]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-833]

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

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

ACTION: Notice of rescission of the first antidumping duty 
administrative review.

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SUMMARY: In response to a May 29, 2001 request made by Far Eastern 
Textile, Ltd., a producer/exporter of certain polyester staple fiber in 
Taiwan, and a May 30, 2001 request made by Arteva Specialities S.a.r.l. 
d/b/a/ KoSa and Wellman Inc., the petitioners, the Department of 
Commerce published the initiation of an administrative review of the 
antidumping duty order on certain polyester staple fiber from Taiwan 
for Far Eastern Textile, Ltd (covering the period March 30, 2000 to 
April 30, 2001) and Nan Ya Plastics Corporation, Ltd. (covering the 
period April 27, 2000 to April 30, 2001). Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocations 
in Part, 66 FR 32934 (June 19, 2001). This review has now been 
rescinded as a result of the withdrawal of the requests for review by 
Far Eastern Textile, Ltd. and Arteva Specialities S.a.r.l., d/b/a/ KoSa 
and Wellman Inc.

EFFECTIVE DATE: October 12, 2001.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam, AD/CVD Enforcement, 
Group I, Office 1, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW., Washington, DC 20230; 
telephone: (202) 482-0176.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to

[[Page 52108]]

the provisions effective January 1, 1995, the effective date of the 
amendments made to the Tariff Act of 1930 (the ``Act'') by the Uruguay 
Round Agreements Act. In addition, unless otherwise indicated, all 
citations to the Department of Commerce's (``Department'') regulations 
refer to 19 CFR part 351 (2001).

Background

    On May 25, 2000, the Department published an antidumping duty order 
on certain polyester staple fiber from Taiwan. 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. On May 29, 2001, Far Eastern Textile, Ltd. (``FETL''), a 
producer/exporter of certain polyester staple fiber in Taiwan, 
requested an administrative review of the antidumping duty order on 
certain polyester staple fiber from Taiwan covering the period March 
30, 2000 to April 30, 2001. On May 30, 2001, Arteva Specialities 
S.a.r.l. d/b/a/ KoSa and Wellman Inc. (``the petitioners''), requested 
an administrative review of the antidumping duty order on certain 
polyester staple fiber from Taiwan for Nan Ya Plastics Corporation, 
Ltd. (``Nan Ya''), a producer/exporter of certain polyester staple 
fiber in Taiwan, covering the period April 27, 2000 to April 30, 2001. 
In accordance with 19 CFR 351.221(c)(1)(i), we published the initiation 
of the review on June 19, 2001. Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocations 
in Part, 66 FR 32934. On September 4, 2001, FETL withdrew its request 
for review. On September 20, 2001, the petitioners withdrew their 
request for review for Nan Ya.

Rescission of Review

    The Department's regulations provide that the Department will 
rescind an administrative review if a party that requested a review 
withdraws the request within ninety days of the date of publication of 
the notice of initiation of the requested review. 19 CFR 351.213(d)(1). 
The Department's regulations also allow the Secretary to extend this 
time limit if it is reasonable to do so. Id. FETL's request for review 
was withdrawn within the ninety-day deadline. The petitioners' request 
for review for Nan Ya was withdrawn ninety-three days after the 
initiation was published. However, because Nan Ya received an extension 
to file its response to section A of the Department's questionnaire in 
this administrative review until three days before the ninety-day 
deadline, we find it reasonable that the petitioners would need some 
time to examine at least the information in that response before making 
a determination to withdraw their request for review. Therefore, we 
have accepted the petitioners' withdrawal of their request for review 
despite it being filed after the ninety-day deadline.
    As a result of the withdrawals of the requests for review and 
because the Department received no other request for review, the 
Department is rescinding this administrative review.
    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 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 the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: October 4, 2001.
Richard W. Moreland,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 01-25708 Filed 10-11-01; 8:45 am]
BILLING CODE 3510-DS-P