Notice of Final Determination of Sales at Less Than Fair Value: Bottle-Grade Polyethylene Terephthalate (PET) Resin From India, 13451-13453 [05-5553]
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Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Metropolitan
Government of Nashville & Davidson
County, grantee of FTZ 78, has made
application to the Board for authority to
establish special-purpose subzone status
at the writing and art product
warehousing/distribution facilities of
Sanford LP, located in Shelbyville and
Lewisburg, Tennessee (FTZ Docket 12–
2004, filed 03–18–04).
Whereas, notice inviting public
comment has been given in the Federal
Register (69 FR 16520, 3/30/04); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
Now, therefore, the Board hereby
grants authority for subzone status at the
writing and art products warehousing/
distribution facilities of Sanford LP,
located in Shelbyville and Lewisburg,
Tennessee, (Subzone 78H), at the
locations described in the application,
subject to the FTZ Act and the Board’s
regulations, including § 400.28.
Signed in Washington, DC, this 8th day of
March 2005.
Joseph A. Spetrini,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign-Trade Zones Board.
[FR Doc. 05–5534 Filed 3–18–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 14–2005]
Foreign-Trade Zone 207—Richmond,
VA, Application for Expansion
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board), by the Capital Region
Airport Commission, grantee of ForeignTrade Zone 207, requesting authority to
expand its zone to include a site in
Prince George County, Virginia, within
the Richmond Customs port of entry.
The application was submitted pursuant
to the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the Board
(15 CFR part 400). It was formally filed
on March 14, 2005.
FTZ 207 was approved on March 31,
1995 (Board Order 733, 60 FR 18394, 4/
11/95). The general-purpose zone
consists of the following sites: Site 1
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18:36 Mar 18, 2005
Jkt 205001
(2,044 acres)—Richmond International
Airport Complex; and, Site 1A (11
acres)—Lewiston Industrial Park, 11293
Central Drive, Ashland.
The applicant is now requesting
authority to expand the general-purpose
zone to include a site within the 345acre South Point Business Park
(Proposed Site 2—221 acres) located at
8100 Quality Drive in Prince George
(Prince George County), Virginia. The
site is owned by the Hollingsworth
Companies. The site will be used for
general warehousing and distribution
activities. No specific manufacturing
authority is being requested at this time.
Such requests would be made on a caseby-case basis.
In accordance with the Board’s
regulations, a member of the FTZ Staff
has been designated examiner to
investigate the application and report to
the Board.
Public comment on the application is
invited from interested parties.
Submissions (original and 3 copies)
shall be addressed to the Board’s
Executive Secretary at one of the
following addresses:
1. Submissions via Express/Package
Delivery Services: Foreign-Trade Zones
Board, U.S. Department of Commerce,
Franklin Court Building—Suite 4100W,
1099 14th Street, NW., Washington, DC
20005; or,
2. Submissions via the U.S. Postal
Service: Foreign-Trade Zones Board,
U.S. Department of Commerce, FCB—
Suite 4100W, 1401 Constitution
Avenue, NW., Washington, DC 20230.
The closing period for their receipt is
May 20, 2005. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period (to
June 6, 2005.).
A copy of the application and
accompanying exhibits will be available
during this time for public inspection at
address Number 1 listed above, and at
the U.S. Department of Commerce,
Export Assistance Center, 400 North 8th
Street, Suite 540, Richmond, VA 23240.
Dated: March 14, 2005.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05–5535 Filed 3–18–05; 8:45 am]
BILLING CODE 3510–DS–P
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13451
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–841]
Notice of Final Determination of Sales
at Less Than Fair Value: Bottle-Grade
Polyethylene Terephthalate (PET)
Resin From India
Important Administration,
International Trade Administration,
Department of Commerce.
Final Determination: We determine
that bottle-grade PET resin from India is
being, or is likely to be, sold in the
United States at less than fair value, as
provided in section 735 of the Tariff Act
of 1930, as amended (the Act). The final
weighted-average dumping margins are
listed below in the Continuation of
Suspension of Liquidation section of
this notice.
DATES: Effective Date: March 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Daniel O’Brien or Saliha Loucif, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–1376 and (202)
482–1779, respectively.
AGENCY:
Background
Since the publication of the
preliminary determination of this
investigation (see Notice of Preliminary
Determination of Sales at Less Than
Fair Value: Bottle-Grade Polyethylene
Terephthalate (PET) Resin from India,
69 FR 62856, dated October 28, 2004.
Preliminary Determinary), the following
events have occurred:
In October and November 2004, we
verified the questionnaire response of
South Asian Petrochem, Ltd. (SAPL).
The cost and sales verification reports
were issued on January 10, 2005, and
January 12, 2005, respectively. See
Memorandum from Mark Todd, Senior
Accountant, to Neal M. Halper, Director,
Office of Accounting, Re: Verification of
the Cost of Production and Constructed
Value Data Submitted by South Asian
Petrochem Ltd. (SAPL) in the
Investigation of Bottle-Grade PET Resin
from India, dated January 10, 2005, and
Memorandum from Daniel O’Brien and
Saliha Loucif, International Trade
Compliance Analysts, to Susan
Kuhbach, Director, Office 1, Re:
Verification of the Sales Response of
SAPL in the Investigation of BottleGrade PET Resin from India, dated
January 12, 2005. These reports are on
file in the Central Records Unit, Room
B–099 of the main Department building
(CRU).
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13452
Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices
On January 24, 2005, we received case
briefs from the United States BottleGrade PET Resin Producers Coalition
(the petitioner), and SAPL. On January
31, 2005, we received rebuttal briefs
from the petitioner and SAPL. The
petitioner requested a hearing on
November 16, 2004, but withdrew its
request on February 3, 2005.
Consequently, no hearing was held.
Scope of Investigation
The merchandise covered by this
investigation is bottle-grade
polyethylene terephthalate (PET) resin,
defined as having an intrinsic viscosity
of at least 0.68 deciliters per gram but
not more than 0.86 deciliters per gram.
The scope includes bottle-grade PET
resin that contains various additives
introduced in the manufacturing
processes. The scope does not include
post-consumer recycle (PCR) or postindustrial recycle (PIR) bottle-grade PET
resin; however, included in the scope is
any bottle-grade PET resin blend of
virgin PET bottle-grade resin and
recycled PET (RPET). Waste and scrap
PET are outside the scope of the
investigation. Fiber-grade PET resin,
which has an intrinsic viscosity of less
than 0.68 deciliters per gram, is also
outside the scope of the investigations.
The merchandise subject to this
investigation is properly classified
under subheading 3907.60.0010 of the
Harmonized Tariff Schedule of the
United States (HTSUS); however,
merchandise classified under HTSUS
subheading 3907.60.0050 that otherwise
meets the written description of the
scope is also subject to this
investigation. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under investigation is dispositive.
Period of Investigation
The period of investigation (POI) is
January 1, 2003, through December 31,
2003. This period corresponds to the
four most recent fiscal quarters prior to
the filing of the petition on March 24,
2004.
Facts Otherwise Available
In the Preliminary Determination, we
based the dumping margin for the
mandatory respondent, Reliance
Industries, Ltd. (Reliance), on adverse
facts available pursuant to sections
776(a) and 776(b) of the Act. The use of
adverse facts available was warranted in
this investigation because Reliance
withdrew from the investigation on
September 22, 2004. See Preliminary
Determination. Nothing has changed
since the Preliminary Determination
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Jkt 205001
was issued that would affect the
Department’s selection and application
of facts available.
Reliance’s withdrawal from the
investigation significantly impeded this
proceeding since the Department cannot
accurately determine a margin for
Reliance. Therefore, we maintain that
Reliance has failed to cooperate by not
acting to the best of its ability. In
assigning a facts available rate, we have
continued to use the corroborated
margin from the Preliminary
Determination, pursuant to section
776(c) of the Act. See Memorandum
Regarding Corroboration of Data
Contained in the Petition for Assigning
Facts Available Rate, dated October 20,
2004. A complete explanation of both
the selection and application of facts
available can be found in the
Preliminary Determination.
Verification
As provided in section 782(i) of the
Act, we conducted verification of the
sales and cost information submitted by
SAPL. We used standard verification
procedures, including examination of
the relevant sales, cost, and financial
records.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the Issues and Decision
Memorandum from Barbara E. Tillman,
Acting Deputy Assistant Secretary for
Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration, dated March 14,
2005 (Decision Memorandum), which is
hereby adopted by this notice. Attached
to this notice as an appendix is a list of
the issues which parties have raised and
to which we have responded in the
Decision Memorandum. Parties can find
a complete discussion of all issues
raised in this review and the
corresponding recommendations in this
public memorandum which is on file in
the Department’s CRU. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary
Determination
Based on our findings at verification
and our analysis of comments received,
we have made adjustments to the
preliminary determination calculation
methodologies in calculating the final
dumping margin for SAPL. These
adjustments are discussed in the
Decision Memorandum.
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Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all imports of subject
merchandise from India that are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register. CBP shall continue to require
a cash deposit or the posting of a bond
equal to the amount by which the
normal value exceeds the EP less the
amount of the countervailing duty
determined to constitute an export
subsidy in the companion
countervailing duty investigation. While
we note that in the Preliminary
Determination we indicated that we
would reduce the ‘‘All Others’’ rate by
the amount of SAPL’s export subsidies,
we have now determined that it is more
appropriate to reduce the ‘‘All Others’’
rate by the amount of export subsidies
found for the ‘‘All Others’’ in the
companion countervailing duty
investigation because it reflects the
experiences of more than one company
and is, therefore, more likely to reflect
the actual experience of the noninvestigated companies. These
suspension-of-liquidation instructions
will remain in effect until further notice.
The weighted-average dumping margins
are as follows:
Exporter/manufacturer
SAPL .........................................
Reliance ....................................
All Others ..................................
Weightedaverage
margin percentage
21.05
52.54
21.05
ITC Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our determination. The ITC will
determine, within 45 days, whether
imports of subject merchandise from
India are causing material injury, or
threaten material injury, to an industry
in the United States. If the ITC
determines that material injury or threat
of material injury does not exist, this
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP officials to assess
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse for
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Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices
consumption on or after the effective
date of the suspension of liquidation.
This notice also serves as the only
reminder to parties subject to the
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO material or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulation
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act
Dated: March 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary, for Import
Administration.
Case History
Appendix I—List of Comments in the
Issues and Decision Memorandum
Comment 1: Unreported Home Market
Transactions
Comment 2: Date of Payment for Home
Market Transactions
Comment 3: Home Market Sales Traces
Comment 4: Indirect Selling Expenses
Comment 5: Bank Charges for U.S. Sales
Comment 6: Cash Deposit Rate for NonSelected Producer
Comment 7: Treatment of Non-Dumped Sales
Comment 8: Ministerial Error Allegations
Comment 9: Incorrectly Stated Amount for
the Pre-operative Period
Comment 10: Imputed Depreciation for the
Trial-Run Period
Comment 11: Miscellaneous Tax
Comment 12: Duty Drawback
Comment 13: Start-Up Costs
Comment 14: G&A and Financial Expense
Ratio Denominators
Comment 15: Purchased Technical Services
Comment 16: Fixed Overhead Costs for
Depreciation
[FR Doc. 05–5553 Filed 3–18–05; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–823]
Notice of Final Determination of Sales
at Less Than Fair Value: Bottle-Grade
Polyethylene Terephthalate Resin
From Thailand
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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18:36 Mar 18, 2005
Jkt 205001
Final Determination: The Department
of Commerce (‘‘the Department’’)
determines that Bottle-Grade
Polyethylene Terephthalate (‘‘PET’’)
Resin from Thailand is being, or is
likely to be sold in the United States at
less than fair value (‘‘LTFV’’), as
provided in section 735 of the Tariff Act
of 1930, as amended (‘‘the Act’’). The
estimated margins of sales at LTFV are
shown in the ‘‘Continuation of
Suspension of Liquidation’’ section of
this notice.
EFFECTIVE DATE: March 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Audrey R. Twyman or Natalie Kempkey
(202) 482–3534 or (202) 482–1698,
respectively; AD/CVD Operations,
Office 1, Import Administration, Room
1870, International Trade
Administration, United States
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230.
On October 28, 2004, the Department
published in the Federal Register the
Preliminary Determination in its
investigation of PET resin from
Thailand. Since the Preliminary
Determination, the following events
have occurred. On October 29, 2004, the
Department received from Bangkok
Polyester Public Company, Ltd.
(‘‘Bangkok Polyester’’) a submission
containing supplemental and clarifying
information and databases for its section
B and C questionnaire responses. On
October 29, 2004, Bangkok Polyester
also submitted an alternative Section D
database with comments. On November
4, 2004 and December 9, petitioner 1
submitted pre-verification comments.
On November 5, 2004, the Department
sent Bangkok Polyester a third
supplemental to the questionnaire; the
Department received a response to this
supplemental questionnaire on
December 1, 2004.
From November 8 to 12, 2004, we
conducted the COP verification of
Bangkok Polyester. Bangkok Polyester
submitted its minor corrections from the
COP verification on November 10, 2004,
and its verification exhibits on
November 17, 2004. From December 13
to 16, 2004, we conducted Bangkok
Polyester’s sales verification. Bangkok
Polyester submitted its minor
corrections from the sales verification
on December 14, 2004, and its sales
verification exhibits on December 23,
2004. The Department issued its COP
verification report on January 15, 2005,
and its sales verification report on
January 25, 2005. On January 4, 2005,
Bangkok Polyester submitted revised
sections B and C sales databases
incorporating minor error corrections
reported to the Department at the start
of its sales verification.
We received case briefs from
petitioner and Bangkok Polyester on
February 1, 2005. We received rebuttal
briefs from petitioner and Bangkok
Polyester on February 7, 2005.
Petitioner requested a hearing on
November 16, 2004, but withdrew the
request on February 9, 2005.
Scope of Investigation
The merchandise covered by this
investigation is bottle-grade PET resin,
defined as having an intrinsic viscosity
of at least 0.68 deciliters per gram but
not more than 0.86 deciliters per gram.
The scope includes bottle-grade PET
resin that contains various additives
introduced in the manufacturing
process. The scope does not include
post-consumer recycle or post-industrial
recycle PET resin; however, included in
the scope is any bottle-grade PET resin
blend of virgin bottle-grade PET resin
and recycled PET. Waste and scrap PET
is outside the scope of the investigation.
Fiber-grade PET resin, which has an
intrinsic viscosity of less than 0.68
deciliters per gram, is also outside the
scope of the investigation.
The merchandise subject to this
investigation is properly classified
under subheading 3907.60.00.10 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’); however,
merchandise classified under HTSUS
subheading 3907.60.00.50 that
otherwise meets the written description
of the scope is also subject to this
investigation. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under investigation is dispositive.
Period of Investigation
The period of investigation is January
1, 2003, through December 31, 2003.
1 The petitioner in this case is the United States
PET Resin Producers Coalition (‘‘petitioner’’).
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]]>Agencies
[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13451-13453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5553]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-841]
Notice of Final Determination of Sales at Less Than Fair Value:
Bottle-Grade Polyethylene Terephthalate (PET) Resin From India
AGENCY: Important Administration, International Trade Administration,
Department of Commerce.
Final Determination: We determine that bottle-grade PET resin from
India is being, or is likely to be, sold in the United States at less
than fair value, as provided in section 735 of the Tariff Act of 1930,
as amended (the Act). The final weighted-average dumping margins are
listed below in the Continuation of Suspension of Liquidation section
of this notice.
DATES: Effective Date: March 21, 2005.
FOR FURTHER INFORMATION CONTACT: Daniel O'Brien or Saliha Loucif, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1376 and (202) 482-1779, respectively.
Background
Since the publication of the preliminary determination of this
investigation (see Notice of Preliminary Determination of Sales at Less
Than Fair Value: Bottle-Grade Polyethylene Terephthalate (PET) Resin
from India, 69 FR 62856, dated October 28, 2004. Preliminary
Determinary), the following events have occurred:
In October and November 2004, we verified the questionnaire
response of South Asian Petrochem, Ltd. (SAPL). The cost and sales
verification reports were issued on January 10, 2005, and January 12,
2005, respectively. See Memorandum from Mark Todd, Senior Accountant,
to Neal M. Halper, Director, Office of Accounting, Re: Verification of
the Cost of Production and Constructed Value Data Submitted by South
Asian Petrochem Ltd. (SAPL) in the Investigation of Bottle-Grade PET
Resin from India, dated January 10, 2005, and Memorandum from Daniel
O'Brien and Saliha Loucif, International Trade Compliance Analysts, to
Susan Kuhbach, Director, Office 1, Re: Verification of the Sales
Response of SAPL in the Investigation of Bottle-Grade PET Resin from
India, dated January 12, 2005. These reports are on file in the Central
Records Unit, Room B-099 of the main Department building (CRU).
[[Page 13452]]
On January 24, 2005, we received case briefs from the United States
Bottle-Grade PET Resin Producers Coalition (the petitioner), and SAPL.
On January 31, 2005, we received rebuttal briefs from the petitioner
and SAPL. The petitioner requested a hearing on November 16, 2004, but
withdrew its request on February 3, 2005. Consequently, no hearing was
held.
Scope of Investigation
The merchandise covered by this investigation is bottle-grade
polyethylene terephthalate (PET) resin, defined as having an intrinsic
viscosity of at least 0.68 deciliters per gram but not more than 0.86
deciliters per gram. The scope includes bottle-grade PET resin that
contains various additives introduced in the manufacturing processes.
The scope does not include post-consumer recycle (PCR) or post-
industrial recycle (PIR) bottle-grade PET resin; however, included in
the scope is any bottle-grade PET resin blend of virgin PET bottle-
grade resin and recycled PET (RPET). Waste and scrap PET are outside
the scope of the investigation. Fiber-grade PET resin, which has an
intrinsic viscosity of less than 0.68 deciliters per gram, is also
outside the scope of the investigations.
The merchandise subject to this investigation is properly
classified under subheading 3907.60.0010 of the Harmonized Tariff
Schedule of the United States (HTSUS); however, merchandise classified
under HTSUS subheading 3907.60.0050 that otherwise meets the written
description of the scope is also subject to this investigation.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under
investigation is dispositive.
Period of Investigation
The period of investigation (POI) is January 1, 2003, through
December 31, 2003. This period corresponds to the four most recent
fiscal quarters prior to the filing of the petition on March 24, 2004.
Facts Otherwise Available
In the Preliminary Determination, we based the dumping margin for
the mandatory respondent, Reliance Industries, Ltd. (Reliance), on
adverse facts available pursuant to sections 776(a) and 776(b) of the
Act. The use of adverse facts available was warranted in this
investigation because Reliance withdrew from the investigation on
September 22, 2004. See Preliminary Determination. Nothing has changed
since the Preliminary Determination was issued that would affect the
Department's selection and application of facts available.
Reliance's withdrawal from the investigation significantly impeded
this proceeding since the Department cannot accurately determine a
margin for Reliance. Therefore, we maintain that Reliance has failed to
cooperate by not acting to the best of its ability. In assigning a
facts available rate, we have continued to use the corroborated margin
from the Preliminary Determination, pursuant to section 776(c) of the
Act. See Memorandum Regarding Corroboration of Data Contained in the
Petition for Assigning Facts Available Rate, dated October 20, 2004. A
complete explanation of both the selection and application of facts
available can be found in the Preliminary Determination.
Verification
As provided in section 782(i) of the Act, we conducted verification
of the sales and cost information submitted by SAPL. We used standard
verification procedures, including examination of the relevant sales,
cost, and financial records.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Issues and Decision Memorandum from
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for
Import Administration, dated March 14, 2005 (Decision Memorandum),
which is hereby adopted by this notice. Attached to this notice as an
appendix is a list of the issues which parties have raised and to which
we have responded in the Decision Memorandum. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in the Department's CRU. In addition, a complete version of the
Decision Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our findings at verification and our analysis of comments
received, we have made adjustments to the preliminary determination
calculation methodologies in calculating the final dumping margin for
SAPL. These adjustments are discussed in the Decision Memorandum.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all imports of subject merchandise from India
that are entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register.
CBP shall continue to require a cash deposit or the posting of a bond
equal to the amount by which the normal value exceeds the EP less the
amount of the countervailing duty determined to constitute an export
subsidy in the companion countervailing duty investigation. While we
note that in the Preliminary Determination we indicated that we would
reduce the ``All Others'' rate by the amount of SAPL's export
subsidies, we have now determined that it is more appropriate to reduce
the ``All Others'' rate by the amount of export subsidies found for the
``All Others'' in the companion countervailing duty investigation
because it reflects the experiences of more than one company and is,
therefore, more likely to reflect the actual experience of the non-
investigated companies. These suspension-of-liquidation instructions
will remain in effect until further notice. The weighted-average
dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer margin
percentage
------------------------------------------------------------------------
SAPL....................................................... 21.05
Reliance................................................... 52.54
All Others................................................. 21.05
------------------------------------------------------------------------
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. The ITC will
determine, within 45 days, whether imports of subject merchandise from
India are causing material injury, or threaten material injury, to an
industry in the United States. If the ITC determines that material
injury or threat of material injury does not exist, this proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP officials
to assess antidumping duties on all imports of the subject merchandise
entered, or withdrawn from warehouse for
[[Page 13453]]
consumption on or after the effective date of the suspension of
liquidation.
This notice also serves as the only reminder to parties subject to
the 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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO material or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulation and the terms of an APO is a sanctionable
violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act
Dated: March 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary, for Import Administration.
Appendix I--List of Comments in the Issues and Decision Memorandum
Comment 1: Unreported Home Market Transactions
Comment 2: Date of Payment for Home Market Transactions
Comment 3: Home Market Sales Traces
Comment 4: Indirect Selling Expenses
Comment 5: Bank Charges for U.S. Sales
Comment 6: Cash Deposit Rate for Non-Selected Producer
Comment 7: Treatment of Non-Dumped Sales
Comment 8: Ministerial Error Allegations
Comment 9: Incorrectly Stated Amount for the Pre-operative Period
Comment 10: Imputed Depreciation for the Trial-Run Period
Comment 11: Miscellaneous Tax
Comment 12: Duty Drawback
Comment 13: Start-Up Costs
Comment 14: G&A and Financial Expense Ratio Denominators
Comment 15: Purchased Technical Services
Comment 16: Fixed Overhead Costs for Depreciation
[FR Doc. 05-5553 Filed 3-18-05; 8:45 am]
BILLING CODE 3510-DS-M
