Granular Polytetrafluoroethylene Resin from Japan: Notice of Rescission of Antidumping Duty Administrative Review, 44088-44089 [E5-4073]
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44088
Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
The Department’s procedures for the
conduct of sunset reviews are set forth
in 19 CFR 351.218. Guidance on
methodological or analytical issues
relevant to the Department’s conduct of
sunset reviews is set forth in the
Department’s Policy Bulletin 98.3-Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871
(April 16, 1998) (‘‘Sunset Policy
Bulletin’’). The Notice of Initiation of
Five-year (‘‘Sunset’’) Reviews provides
further information regarding what is
required of all parties to participate in
sunset reviews.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the sunset review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: July 26, 2005.
Holly A. Kuga,
Senior Office Director, AD/CVD Operations,
Office 4 for Import Administration.
[FR Doc. E5–4090 Filed 7–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A 588–707]
Granular Polytetrafluoroethylene Resin
from Japan: Notice of Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 10, 2005, the
Department of Commerce published a
notice of intent to rescind 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
did not receive any comments or
requests for a public hearing in response
to this notice, and we are rescinding this
administrative review, pursuant to 19
CFR 351.213(d).
EFFECTIVE DATE: August 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Dunyako Ahmadu at (202) 482–0198 or
AGENCY:
VerDate jul<14>2003
14:01 Jul 29, 2005
Jkt 205001
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
PO 00000
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Fmt 4703
Sfmt 4703
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.
On May 10, 2005, the Department
published a notice of intent to rescind
the 2003–2004 review and invited
interested parties to request a hearing or
submit case briefs within 20 days of its
publication. See Granular
Polytetrafluoroethylene Resin from
Japan: Notice of Intent to Rescind
Antidumping Duty Administrative
Review, 70 FR 24510 (May 10, 2005).
We received no requests for a hearing or
submissions of case briefs.
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), the
Department 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.’’ Contrary to AGC’s
arguments, 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); 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 are rescinding the
2003–2004 administrative review of
PTFE resin from Japan pursuant to 19
CFR 351.213(d)(3).
This notice is published in
accordance with section 777(i) of the
Act and 19 CFR 351.213(d)(4).
E:\FR\FM\01AUN1.SGM
01AUN1
Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices
Dated: July 22, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4073 Filed 7–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–588–810)
Mechanical Transfer Presses from
Japan: Final Results of Sunset Review
and Revocation of Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2005, the
Department of Commerce
(‘‘Department’’) initiated the second
sunset review of the antidumping duty
order on mechanical transfer presses
from Japan (70 FR 22632). Because the
domestic interested parties did not
participate in this sunset review, the
Department is revoking this
antidumping duty order.
EFFECTIVE DATE: June 21, 2005
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith or Martha
Douthit, AD/CVD Operations, Office 6,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–5255 or
(202) 482–5050, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 16, 1990, the Department
issued antidumping duty order on
mechanical transfer presses from Japan
(55 FR 5642). On June 1, 1999, the
Department initiated a sunset review of
this order. The Department later
published its notice of continuation of
the antidumping duty order. See 65 FR
38507 (June 21, 2000).
On May 2, 2005, the Department of
Commerce (‘‘Department’’) initiated the
second sunset review of the
antidumping duty order on mechanical
transfer presses from Japan (70 FR
22632). We did not receive a notice of
intent to participate from domestic
interested parties in this sunset review
by the deadline date. See 19 CFR
351.218(d)(1)(iii)(A). As a result, the
Department determined that no
domestic interested party intends to
participate in the sunset review, and on
May 27, 2005, we notified the
International Trade Commission, in
writing, that we intended to issue a final
VerDate jul<14>2003
14:01 Jul 29, 2005
Jkt 205001
determination revoking this
antidumping duty order. See 19 CFR
351.218(d)(1)(iii)(B)(2).
Scope of the Order
Imports covered by this antidumping
duty order include mechanical transfer
presses, currently classifiable under
Harmonized Tariff Schedule of the
United States (HTSUS) item numbers
8462.10.0035, 8466.94.6540 and
8466.94.8540 and formerly classifiable
as 8462.99.8035, 8462.21.8085, and
8466.94.5040. The HTSUS subheadings
are provided for convenience and
customs purposes only. The written
description of the scope of this order is
dispositive. The term ‘‘mechanical
transfer presses’’ refers to automatic
metal–forming machine tools with
multiple die stations in which the work
piece is moved from station to station by
a transfer mechanism designed as an
integral part of the press and
synchronized with the press action,
whether imported as machines or parts
suitable for use solely or principally
with these machines. These presses may
be imported assembled or unassembled.
Determination to Revoke
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.218(d)(1)(iii)(B)(3),
if no domestic interested party files a
notice of intent to participate, the
Department shall, within 90 days after
the initiation of the review, issue a final
determination revoking the order.
Because the domestic interested parties
did not file a notice of intent to
participate in this sunset review, the
Department finds that no domestic
interested party is participating in this
sunset review. Therefore, consistent
with 19 CFR 351.222(i)(2)(i) and section
751(c)(6)(A)(iii) of the Act, we are
revoking this antidumping duty order
effective June 21, 2005, the fifth
anniversary of the date the Department
published the continuation of the
antidumping duty order.
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and
751(c)(6)(A)(iii) of the Act and 19 CFR
351.222(i)(2)(i), the Department will
instruct U.S. Customs and Border
Protection to terminate the suspension
of liquidation of the merchandise
subject to this order entered, or
withdrawn from warehouse, on or after
June 21, 2005. Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and
antidumping duty deposit requirements.
The Department will complete any
pending administrative review of this
order and will conduct administrative
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44089
review of subject merchandise entered
prior to the effective date of revocation
in response to appropriately filed
requests for review.
This five-year (sunset) review and
notice are in accordance with sections
751(c) and 777(i)(1) of the Act.
Dated: July 22, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4074 Filed 7–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Applications and
Reports for Registration as a Tanner or
Agent
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before September 30,
2005.
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Paula R. Stuart, 301–427–
2300 or paula.stuart@noaa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
The Marine Mammal Protection Act
exempts Alaskan natives from the
prohibitions on taking, killing, or
injuring marine mammals if the taking
is done for subsistence or for creating
and selling authentic native articles of
handicraft or clothing. The natives need
no permit, but non-natives who wish to
act as a tanner or agent for such native
products must register with NOAA and
maintain and submit certain records.
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Notices]
[Pages 44088-44089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4073]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A 588-707]
Granular Polytetrafluoroethylene Resin from Japan: Notice of
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 10, 2005, the Department of Commerce published a notice
of intent to rescind 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 did not
receive any comments or requests for a public hearing in response to
this notice, and we are rescinding this administrative review, pursuant
to 19 CFR 351.213(d).
EFFECTIVE DATE: August 1, 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.
On May 10, 2005, the Department published a notice of intent to
rescind the 2003-2004 review and invited interested parties to request
a hearing or submit case briefs within 20 days of its publication. See
Granular Polytetrafluoroethylene Resin from Japan: Notice of Intent to
Rescind Antidumping Duty Administrative Review, 70 FR 24510 (May 10,
2005). We received no requests for a hearing or submissions of case
briefs.
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), the Department 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.'' Contrary to AGC's arguments, 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); 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 are rescinding the 2003-2004 administrative review of
PTFE resin from Japan pursuant to 19 CFR 351.213(d)(3).
This notice is published in accordance with section 777(i) of the
Act and 19 CFR 351.213(d)(4).
[[Page 44089]]
Dated: July 22, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4073 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-DS-S
