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]
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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
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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.
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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:
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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
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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]
-----------------------------------------------------------------------
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
