Granular Polytetrafluoroethylene Resin from Japan: Notice of Intent to Rescind Antidumping Duty Administrative Review, 24510-24511 [E5-2237]
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24510
Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
merchandise returned from the United
States. In addition, although not a
clerical error, we changed the allocation
methodology to ensure a more
appropriate allocation of these
expenses. Lastly, we added U.S.
brokerage and handling expenses to this
calculation.
3. We applied partial AFA to Delsa’s
HM inland freight for sales that are not
based upon actual, transaction-specific
costs, and which have not been
specifically verified.
4. We applied partial AFA to Delsa’s
foreign inland freight, foreign brokerage
and handling, and international freight
for all U.S. sales that have not been
specifically verified.
5. We applied AFA to Delsa’s U.S.
brokerage and handling expenses that
were reported for the first time during
verification.
6. We revised the interest rate used in
calculating U.S. credit expenses to the
correct POI-average Federal Reserve
rate.
7. We eliminated the second rebate
variable from Delsa’s HM price
adjustments, pursuant to a minor
correction that Delsa submitted at
verification.
8. We recalculated Delsa’s packaging
costs to equal the packaging and
packing costs reported for the
Preliminary Determination less the
packing expenses identified at
verification. Accordingly, we revised
the reported packing expenses to equal
the packing expenses identified at
verification. Since Delsa packs its
products in an identical manner
regardless of the market to which they
are sold, we used the same values for
packing in the home and U.S. markets.
9. We recalculated the adjustments to
certain raw material costs based on the
comparison of Delsa’s reported transfer
prices and market prices obtained at
verification.
10. We adjusted the startup period for
purposes of determining the amount, if
any, of the startup adjustment.
11. We recalculated Delsa’s financial
expense ratio to include net foreign
exchange losses in the numerator.
Final Determination of Investigation
We determine that the following
weighted-average dumping margins
exist for the period April 1, 2003,
through March 31, 2004:
Manufacturer/exporter
Weighted-Average
Margin (percent)
Aragonesas Delsa
S.A ....................
All Others ..............
VerDate jul<14>2003
16:17 May 09, 2005
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, we will instruct U.S. Customs and
Border Protection (‘‘CBP’’) to continue
to suspend liquidation of all entries of
chlorinated isocyanurates from Spain
that are entered, or withdrawn from
warehouse, for consumption on or after
December 20, 2004, the date of
publication of the Preliminary
Determination in the Federal Register.
We will instruct CBP to continue to
require a cash deposit or the posting of
a bond for each entry equal to the
weighted-average dumping margins in
the chart above. These instructions
suspending liquidation will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (‘‘ITC’’)
of our determination. As our final
determination is affirmative, the ITC
will determine, within 45 days, whether
these imports are causing material
injury, or threat of material injury, to an
industry in the United States. If the ITC
determines that material injury or threat
of injury does not exist, the 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 consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Order
This notice serves as the only
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 return/
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
735(d) and 777(I) of the Act.
24.83
24.83
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PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix—Issues and Decision
Memorandum
Part I: Corrections to the Preliminary
Calculations:
Comment 1: Corrections to the Preliminary
Calculations.
Part II: Home Market (‘‘HM’’) Sales Issues:
Comment 2: Whether Delsa’s Allocation
Methodology for HM Inland Freight
Results in Unreliable Allocations.
Comment 3: Whether the Department
Should Apply Partial Adverse Facts
Available (‘‘AFA’’) to Delsa’s HM Inland
Freight.
Part III: United States Sales Issues:
Comment 4: Whether the Department
Should Apply Partial AFA to Delsa’s
Foreign Inland Freight, Foreign
Brokerage and Handling, International
Freight Expenses, and U.S. Brokerage
and Handling Expenses.
Comment 5: Whether the Department
Should Apply the Calculated U.S.
Average Short-Term Borrowing Rate to
All U.S. Sales.
Part IV: Cost of Production (‘‘COP’’) Issues:
Comment 6: Whether the Department
Double Counted Delsa’s Reported
Packaging and Packing Costs in the
Preliminary Determination.
Comment 7: Whether the Packaging and
Packing Service Provider is an Affiliated
Party and, as Such, Whether the
Department Should Adjust the Price of
the Services Provided by a Affiliated
Party.
Comment 8: Whether Certain Raw Material
Inputs Should be Adjusted in
Accordance with the Department’s Major
Input Rule.
Comment 9: Whether the Department
Should Allow Delsa’s Claimed Startup
Adjustment.
Comment 10: Whether the Department
Should Adjust Delsa’s Financial Expense
Ratio for Foreign Exchange Gains and
Losses.
Comment 11: Whether the Department
Should Make Certain Adjustments to
Delsa’s General and Administrative
Expense Ratio.
[FR Doc. E5–2236 Filed 5–9–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A 588–707]
Granular Polytetrafluoroethylene Resin
from Japan: Notice of Intent to Rescind
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\10MYN1.SGM
10MYN1
Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
SUMMARY: On September 22, 2004, the
Department of Commerce published a
notice of initiation of an administrative
review of the antidumping duty order
on granular polytetrafluoroetheylene
resin from Japan for the period August
1, 2003, through July 31, 2004. The
Department intends to rescind this
review after determining that the party
requesting the review did not have
entries during the period of review upon
which to assess antidumping duties.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Dunyako Ahmadu at (202) 482–0198 or
Richard Rimlinger at (202) 482–4477,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 1988, the Department
of Commerce (the Department)
published the antidumping duty order
for granular polytetrafluroetheylene
(PTFE) resin from Japan. See
Antidumping Duty Order; Granular
Polytetrafluoroethylene Resin from
Japan, 53 FR 32267 (August 28, 1988).
On August 3, 2004, we published a
notice of opportunity to request an
administrative review of this order for
the period August 1, 2003, through July
31, 2004. See Notice of Opportunity to
Request Administrative Review of
Antidumping Duty Order, Finding or
Suspended Investigation, 69 FR 46496
(August 3, 2004). On August 30, 2004,
Asahi Glass Fluoropolymers Ltd., a
Japanese producer and exporter of the
subject merchandise, and AGC
Chemicals America, an affiliated U.S.
importer of subject merchandise
(collectively AGC), made a timely
request that the Department conduct an
administrative review of AGC. On
September 22, 2004, in accordance with
section 751(a) of the Tariff Act of 1930
as amended (the Act), the Department
published in the Federal Register a
notice of initiation of this antidumping
duty administrative review. See Notice
of Initiation of Antidumping Duty and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 69 FR 56745 (September 22, 2004).
On October 8, 2004, the Department
issued its antidumping duty
questionnaire to AGC.
On November 2, 2004, AGC submitted
a letter to the Department indicating
that it did not have any shipments or
entries of subject merchandise during
the period of review but had one U.S.
sale of PTFE resin during the period of
VerDate jul<14>2003
16:17 May 09, 2005
Jkt 205001
review. As a result, on November 29,
2004, the Department issued a
memorandum recommending rescission
of the 2003–2004 administrative review
and invited interested parties to
comment. See Memorandum to Barbara
E. Tillman, Acting Deputy Assistant
Secretary dated November 29, 2004,
(November 29 Memorandum). On
December 10, 2004, AGC submitted
comments in disagreement with the
recommendation in the November 29
Memorandum. AGC argued that the
Department does not have an
established practice of conditioning an
administrative review on the existence
of entries during the period of review
and that the Department’s interpretation
of 19 CFR 351.213(e) in this instance is
inconsistent with the plain meaning of
the regulation. AGC also argued that
because no review of AGC’s sales has
occurred since the imposition of the
antidumping duty order on August 28,
1988, the 2003–2004 administrative
review would determine a more
accurate deposit rate and, therefore, the
Department should not rescind the
administrative review.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), we
will rescind an administrative review in
whole or only with respect to a
particular exporter or producer if we
conclude that during the period of
review there were no entries, exports, or
sales of the subject merchandise, as the
case may be. Contrary to AGC’s position
that rescission of the 2003–2004
administrative review would not be in
accordance with law and that the
Department does not have an
established practice of rescinding an
administrative review based solely on
the absence of entries, the Department’s
practice, supported by substantial
precedent, requires that there be entries
during the period of review upon which
to assess antidumping duties,
irrespective of the export–price or
constructed export–price designation of
U.S. sales. See, e.g., Stainless Steel Plate
in Coils from Taiwan: Final Rescission
of Antidumping Duty Administrative
Review, 68 FR 63067 (November 7,
2003), and Stainless Steel Plate in Coils
From Taiwan: Final Rescission of
Antidumping Duty Administrative
Review, 69 FR 20859 (April 19, 2004).
Given that AGC had no entries of
subject merchandise during the period
of review and that AGC has no entry
under suspension of liquidation that
corresponds to the sale which occurred
during the period of review, we would
be unable to assess any antidumping
duties resulting from this administrative
review. See November 29 Memorandum.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
24511
Accordingly, we intend to rescind the
2003–2004 administrative review.
Public Comment
Any interested party may request a
hearing within 20 days of publication of
this notice. Any hearing, if requested,
will be held 34 days after the date of
publication of this notice, or the first
working day thereafter. Interested
parties may submit case briefs not later
than 20 days after the date of
publication of this notice. Rebuttal
briefs, which must be limited to issues
raised in such briefs, must be filed not
later than 7 days from the case brief
after the date of publication of this
notice. Parties who submit arguments
are requested to submit with the
argument (1) a statement of the issue, (2)
a brief summary of the argument, and
(3) a table of authorities. We will issue
our final decision concerning the
conduct of the review no later than 120
days from the date of publication of this
notice.
Further, absent the completion of the
2003–2004 administrative review, the
cash–deposit rate will remain at 51.45
percent and the all other rate will
continue to be 91.74 percent (see Final
Determination of Sales at Less Than
Fair Value, 53 FR 25191 (July 5, 1988)).
This notice is published in
accordance with section 777(i) of the
Act and 19 CFR 351.213(d)(4).
Dated: May 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2237 Filed 5–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–502)
Certain Iron Construction Castings
From The People’s Republic of China;
Five-year (‘‘Sunset’’) Review of
Antidumping Duty Order; Final Results
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Summary: On October 1, 2004
the Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
certain iron construction castings (‘‘iron
castings’’) from the People’s Republic of
China (‘‘the PRC’’). On the basis of the
notice of intent to participate, and
adequate substantive response filed on
behalf of the domestic interested parties
and no response from respondent
interested parties, the Department
AGENCY:
E:\FR\FM\10MYN1.SGM
10MYN1
]]>Agencies
[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24510-24511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2237]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A 588-707]
Granular Polytetrafluoroethylene Resin from Japan: Notice of
Intent to Rescind Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 24511]]
SUMMARY: On September 22, 2004, the Department of Commerce published a
notice of initiation of an administrative review of the antidumping
duty order on granular polytetrafluoroetheylene resin from Japan for
the period August 1, 2003, through July 31, 2004. The Department
intends to rescind this review after determining that the party
requesting the review did not have entries during the period of review
upon which to assess antidumping duties.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Dunyako Ahmadu at (202) 482-0198 or
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 1988, the Department of Commerce (the Department)
published the antidumping duty order for granular
polytetrafluroetheylene (PTFE) resin from Japan. See Antidumping Duty
Order; Granular Polytetrafluoroethylene Resin from Japan, 53 FR 32267
(August 28, 1988). On August 3, 2004, we published a notice of
opportunity to request an administrative review of this order for the
period August 1, 2003, through July 31, 2004. See Notice of Opportunity
to Request Administrative Review of Antidumping Duty Order, Finding or
Suspended Investigation, 69 FR 46496 (August 3, 2004). On August 30,
2004, Asahi Glass Fluoropolymers Ltd., a Japanese producer and exporter
of the subject merchandise, and AGC Chemicals America, an affiliated
U.S. importer of subject merchandise (collectively AGC), made a timely
request that the Department conduct an administrative review of AGC. On
September 22, 2004, in accordance with section 751(a) of the Tariff Act
of 1930 as amended (the Act), the Department published in the Federal
Register a notice of initiation of this antidumping duty administrative
review. See Notice of Initiation of Antidumping Duty and Countervailing
Duty Administrative Reviews and Request for Revocation in Part, 69 FR
56745 (September 22, 2004). On October 8, 2004, the Department issued
its antidumping duty questionnaire to AGC.
On November 2, 2004, AGC submitted a letter to the Department
indicating that it did not have any shipments or entries of subject
merchandise during the period of review but had one U.S. sale of PTFE
resin during the period of review. As a result, on November 29, 2004,
the Department issued a memorandum recommending rescission of the 2003-
2004 administrative review and invited interested parties to comment.
See Memorandum to Barbara E. Tillman, Acting Deputy Assistant Secretary
dated November 29, 2004, (November 29 Memorandum). On December 10,
2004, AGC submitted comments in disagreement with the recommendation in
the November 29 Memorandum. AGC argued that the Department does not
have an established practice of conditioning an administrative review
on the existence of entries during the period of review and that the
Department's interpretation of 19 CFR 351.213(e) in this instance is
inconsistent with the plain meaning of the regulation. AGC also argued
that because no review of AGC's sales has occurred since the imposition
of the antidumping duty order on August 28, 1988, the 2003-2004
administrative review would determine a more accurate deposit rate and,
therefore, the Department should not rescind the administrative review.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), we will rescind an administrative
review in whole or only with respect to a particular exporter or
producer if we conclude that during the period of review there were no
entries, exports, or sales of the subject merchandise, as the case may
be. Contrary to AGC's position that rescission of the 2003-2004
administrative review would not be in accordance with law and that the
Department does not have an established practice of rescinding an
administrative review based solely on the absence of entries, the
Department's practice, supported by substantial precedent, requires
that there be entries during the period of review upon which to assess
antidumping duties, irrespective of the export-price or constructed
export-price designation of U.S. sales. See, e.g., Stainless Steel
Plate in Coils from Taiwan: Final Rescission of Antidumping Duty
Administrative Review, 68 FR 63067 (November 7, 2003), and Stainless
Steel Plate in Coils From Taiwan: Final Rescission of Antidumping Duty
Administrative Review, 69 FR 20859 (April 19, 2004). Given that AGC had
no entries of subject merchandise during the period of review and that
AGC has no entry under suspension of liquidation that corresponds to
the sale which occurred during the period of review, we would be unable
to assess any antidumping duties resulting from this administrative
review. See November 29 Memorandum. Accordingly, we intend to rescind
the 2003-2004 administrative review.
Public Comment
Any interested party may request a hearing within 20 days of
publication of this notice. Any hearing, if requested, will be held 34
days after the date of publication of this notice, or the first working
day thereafter. Interested parties may submit case briefs not later
than 20 days after the date of publication of this notice. Rebuttal
briefs, which must be limited to issues raised in such briefs, must be
filed not later than 7 days from the case brief after the date of
publication of this notice. Parties who submit arguments are requested
to submit with the argument (1) a statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities. We will issue
our final decision concerning the conduct of the review no later than
120 days from the date of publication of this notice.
Further, absent the completion of the 2003-2004 administrative
review, the cash-deposit rate will remain at 51.45 percent and the all
other rate will continue to be 91.74 percent (see Final Determination
of Sales at Less Than Fair Value, 53 FR 25191 (July 5, 1988)).
This notice is published in accordance with section 777(i) of the
Act and 19 CFR 351.213(d)(4).
Dated: May 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2237 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S
