Certain Iron Construction Castings From The People's Republic of China; Five-year (“Sunset”) Review of Antidumping Duty Order; Final Results, 24511-24512 [E5-2290]

Download as PDF 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 24512 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices conducted an expedited sunset review. As a result of this review, the Department finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: May 10, 2005. FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 20230; telephone: (202) 482–5050. SUPPLEMENTARY INFORMATION: Background On October 1, 2004, the Department initiated a sunset review of the antidumping duty order on iron castings from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 The Department received a Notice of Intent to Participate on behalf of Deeter Foundry, Inc., East Jordan Iron Works, Inc., LeBaron Foundry, Inc., Leed Foundry, Inc., Municipal Castings, Inc., Neenah Foundry Company, Tyler Pipe Company, and U.S. Foundry & Manufacturing Co. (collectively, ‘‘domestic interested parties’’), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as U.S. producers of the subject merchandise. We received a substantive response from the domestic interested parties within the deadline specified in the Department’s regulations under section 351.218(d)(3)(i). However, we did not receive responses from any respondent interested parties as required in section 351.218(d)(3)(i) of the Department’s regulations. As a result, the Department conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations. Scope of the Order The merchandise covered by the antidumping duty order consists of certain iron construction castings from the PRC, limited to manhole covers, rings, and frames, catch basin grates and frames, clean–out covers and frames used for drainage or access purposes for public utility, water and sanitary systems, classifiable as heavy castings under Harmonized Tariff Schedule 1 See Initiation of Five-Year (Sunset) Reviews, 69 FR 58890 (October 1, 2004). VerDate jul<14>2003 16:17 May 09, 2005 Jkt 205001 (HTS) item number 7325.10.0010; and to valve, service, and meter boxes which are placed below ground to encase water, gas, or other valves, or water and gas meters, classifiable as light castings under HTS item number 7325.10.0050. The HTS item numbers are provided for convenience and customs purposes only. The written description remains dispositive. Dated: May 2, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–2290 Filed 5–9–05; 8:45 am] Analysis of Comments Received DEPARTMENT OF COMMERCE All issues raised in this case are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memo’’) from Ronald K. Lorentzen, Acting Director, Office of Policy, Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated May 2, 2005, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memorandum, which is on file in room B–099 of the main Department Building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn, under the heading ‘‘May 2005’’. The paper copy and electronic version of the Decision Memo are identical in content. International Trade Administration Final Results of Review We determine that revocation of the antidumping duty order on iron castings from the PRC would likely lead to continuation or recurrence of dumping at the following weighted–average percentage margin: Manufacturers/ Exporters/Producers Weighted–Average Margin (Percent) PRC wide-rate .............. 25.52 This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 of the Department’s regulations. 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 sections 751(c), 752, and 777(i)(1) of the Act. BILLING CODE 3510–DS–S (A–122–503) Certain Iron Construction Castings from Canada; 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 Canada. On the basis of the notice of intent to participate, and an adequate substantive response filed on behalf of the domestic interested parties and an inadequate response from respondent interested parties, the Department conducted an expedited sunset review. As a result of this review, the Department finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: May 10, 2005. FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 20230; telephone: (202) 482–5050. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 1, 2004, the Department initiated a sunset review of the antidumping duty order on iron castings from Canada pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (‘‘Sunset’’) Reviews, 69 FR 58890 (October 1, 2004). The Department received a Notice of Intent to Participate on behalf of Deeter Foundry, Inc., East Jordan Iron Works, Inc., LeBaron Foundry, Inc., Leed Foundry, Inc., Municipal Castings, Inc., Neenah Foundry Company, Tyler Pipe Company, and U.S. Foundry & E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24511-24512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2290]


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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

AGENCY: 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

[[Page 24512]]

conducted an expedited sunset review. As a result of this review, the 
Department finds that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the levels 
listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: May 10, 2005.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC, 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2004, the Department initiated a sunset review of the 
antidumping duty order on iron castings from the PRC pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act'').\1\ 
The Department received a Notice of Intent to Participate on behalf of 
Deeter Foundry, Inc., East Jordan Iron Works, Inc., LeBaron Foundry, 
Inc., Leed Foundry, Inc., Municipal Castings, Inc., Neenah Foundry 
Company, Tyler Pipe Company, and U.S. Foundry & Manufacturing Co. 
(collectively, ``domestic interested parties''), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
The domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as U.S. producers of the subject 
merchandise. We received a substantive response from the domestic 
interested parties within the deadline specified in the Department's 
regulations under section 351.218(d)(3)(i). However, we did not receive 
responses from any respondent interested parties as required in section 
351.218(d)(3)(i) of the Department's regulations. As a result, the 
Department conducted an expedited sunset review of this order pursuant 
to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) 
of the Department's regulations.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 69 FR 58890 
(October 1, 2004).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the antidumping duty order consists of 
certain iron construction castings from the PRC, limited to manhole 
covers, rings, and frames, catch basin grates and frames, clean-out 
covers and frames used for drainage or access purposes for public 
utility, water and sanitary systems, classifiable as heavy castings 
under Harmonized Tariff Schedule (HTS) item number 7325.10.0010; and to 
valve, service, and meter boxes which are placed below ground to encase 
water, gas, or other valves, or water and gas meters, classifiable as 
light castings under HTS item number 7325.10.0050. The HTS item numbers 
are provided for convenience and customs purposes only. The written 
description remains dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
May 2, 2005, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margin likely to 
prevail if the order were revoked. Parties can find a complete 
discussion of all issues raised in this sunset review and the 
corresponding recommendations in this public memorandum, which is on 
file in room B-099 of the main Department Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn, under the 
heading ``May 2005''. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on iron 
castings from the PRC would likely lead to continuation or recurrence 
of dumping at the following weighted-average percentage margin:

------------------------------------------------------------------------
                                                       Weighted-Average
         Manufacturers/ Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
PRC wide-rate.......................................               25.52
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. 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 terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2290 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S