Granular Polytetrafluoroethylene Resin from Japan: Notice of Rescission of Antidumping Duty Administrative Review, 44088-44089 [E5-4073]

Download as PDF 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 Frm 00006 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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]


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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