Granular Polytetrafluoroethylene Resin From Japan: Final Results of Antidumping Duty Administrative Review, 64243-64244 [E6-18405]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. See 19 CFR 351.218(d)(1)(iii). For sunset reviews of countervailing duty orders, parties wishing the Department to consider arguments that countervailable subsidy programs have been terminated must include with their substantive responses information and documentation addressing whether the changes to the program were (1) limited to an individual firm or firms and (2) effected by an official act of the government. Further, a party claiming program termination is expected to document that there are no residual benefits under the program and that substitute programs have not been introduced. Cf. 19 CFR 351.526(b) and (d). If a party maintains that any of the subsidies countervailed by the Department were not conferred pursuant to a subsidy program, that party should nevertheless address the applicability of the factors set forth in 19 CFR 351.526(b) and (d). Similarly, parties wishing the Department to consider whether a company’s change in ownership has extinguished the benefit from prior non-recurring, allocable, subsidies must include with their substantive responses information and documentation supporting their claim that all or almost all of the company’s shares or assets were sold in an arm’s length transaction, at a price representing fair market value, as described in the Notice of Final Modification of Agency Practice Under Section 123 of the Uruguay Round Agreements Act, 68 FR 37125 (June 23, 2003) (Modification Notice). See Modification Notice for a discussion of the types of information and documentation the Department requires. If we receive an order-specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews.1 Please consult the Department’s regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: October 26, 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office 4, Import Administration. [FR Doc. E6–18441 Filed 10–31–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–707] Granular Polytetrafluoroethylene Resin From Japan: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on granular polytetrafluoroethylene resin from Japan. The review covers one manufacturer/exporter. The period of review is August 1, 2004, through July 31, 2005. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted–average dumping margin AGENCY: 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 64243 for the reviewed firm is listed below in the section entitled ‘‘Final Results of the Review.’’ EFFECTIVE DATE: November 1, 2006. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1757 or (202) 482– 4477. SUPPLEMENTARY INFORMATION: Background On May 11, 2006, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on granular polytetrafluoroethylene resin (PTFE) from Japan. See Granular Polytetrafluoroethylene Resin From Japan: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 27459 (May 11, 2006). The period of review is August 1, 2004, through July 31, 2005. The company for which we are conducting the administrative review is Asahi Glass Fluoropolymers, Ltd. (Asahi). We invited interested parties to comment on the preliminary results. We received comments from Asahi. The petitioner in this case did not comment. Asahi also submitted an untimely request for a hearing which we denied. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of Order The merchandise covered by the antidumping duty order is PTFE, filled or unfilled. The order excludes PTFE dispersions in water, fine powders, and reprocessed PTFE powder. PTFE is currently classifiable under subheading 3904.61.00 of the Harmonized Tariff Schedule of the United States (HTSUS). This order covers all PTFE, regardless of its tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the order remains dispositive. Analysis of the Comments Received All issues raised in the case brief submitted by Asahi in the context of this administrative review are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary, dated October 23, E:\FR\FM\01NON1.SGM 01NON1 64244 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Notices 2006, which is hereby adopted by this notice. A list of the issues which the respondent raised and to which we have responded is in the Decision Memo and attached to this notice as an Appendix. The Decision Memo, which is a public document, is on file in the Central Records Unit, main Commerce building, Room B–099, and is accessible on the Web at https://ia.ita.doc.gov/frn/ index.html. The paper copy and electronic version of the Decision Memo are identical in content. Changes from the Preliminary Results Based on our analysis of the comments we received from Asahi, we find that Asahi’s two home–market channels of distribution constitute one level of trade. Our analysis on the level of trade is discussed in detail in the Decision Memo. We made no other changes to our analysis. sroberts on PROD1PC70 with NOTICES Final Results of the Review As a result of our review, we determine that a margin of 0.00 percent exists for Asahi for the period August 1, 2004, through July 31, 2005. Assessment Rate The Department will determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. We intend to issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated an importer–specific assessment rate of 0.00 percent. We will direct CBP to liquidate the appropriate entries at this rate. See 19 CFR 351.212(b)(1). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment–Policy Notice). This clarification will apply to entries of subject merchandise during the period of review produced by Asahi for which Asahi did not know that the merchandise it sold to an intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 91.74 percent all–others rate if there is no rate for the intermediary involved in the transaction. See the Assessment–Policy Notice for a full discussion of this clarification. Cash–Deposit Requirements The following deposit requirements will be effective upon publication of VerDate Aug<31>2005 17:36 Oct 31, 2006 Jkt 211001 this notice of final results of the administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, consistent with section 751(a)(1) of the Act: (1) the cash–deposit rate for Asahi will be 0.00 percent; (2) for previously reviewed or investigated companies not listed above, the cash– deposit rate will continue to be the company–specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original less–than-fair– value (LTFV) investigation but the manufacturer is, the cash–deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the LTFV investigation, the cash– deposit rate shall be 91.74 percent, the all–others rate established in the LTFV investigation. See Notice of Final Determination of Sales at Less Than Fair Value: Granular Polytetrafluoroethylene Resin From Japan, 53 FR 25191 (July 5, 1988). These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a 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 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Dated: October 23, 2006. Stephen J. Claeys, Acting Assistant Secretaryfor Import Administration. Appendix Comments and Responses Level of Trade [FR Doc. E6–18405 Filed 10–31–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–337–806] Certain Individually Quick Frozen Red Raspberries from Chile: Extension of the Time Limit for the Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 1, 2006. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–3813 or (202) 482– 0182, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department of Commerce (the Department) to complete the final results of an administrative review within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to 180 days from the date of publication of the preliminary results. Background On August 29, 2005, the Department published a notice of initiation of administrative review of the antidumping duty order on certain individually quick frozen red raspberries from Chile, covering the period July 1, 2004, through June 30, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29, 2005). On August 8, 2006, the Department published the preliminary results of the E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Notices]
[Pages 64243-64244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18405]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-707]


Granular Polytetrafluoroethylene Resin From Japan: Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 11, 2006, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on granular polytetrafluoroethylene resin from Japan. The 
review covers one manufacturer/exporter. The period of review is August 
1, 2004, through July 31, 2005.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received, we 
have made changes in the margin calculations. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of the Review.''

EFFECTIVE DATE: November 1, 2006.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Richard 
Rimlinger, AD/CVD Operations, Office 5, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-1757 or (202) 482-4477.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 2006, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on granular polytetrafluoroethylene resin (PTFE) 
from Japan. See Granular Polytetrafluoroethylene Resin From Japan: 
Preliminary Results of Antidumping Duty Administrative Review, 71 FR 
27459 (May 11, 2006). The period of review is August 1, 2004, through 
July 31, 2005. The company for which we are conducting the 
administrative review is Asahi Glass Fluoropolymers, Ltd. (Asahi).
    We invited interested parties to comment on the preliminary 
results. We received comments from Asahi. The petitioner in this case 
did not comment. Asahi also submitted an untimely request for a hearing 
which we denied. The Department has conducted this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

Scope of Order

    The merchandise covered by the antidumping duty order is PTFE, 
filled or unfilled. The order excludes PTFE dispersions in water, fine 
powders, and reprocessed PTFE powder. PTFE is currently classifiable 
under subheading 3904.61.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). This order covers all PTFE, regardless of its 
tariff classification. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the order 
remains dispositive.

Analysis of the Comments Received

    All issues raised in the case brief submitted by Asahi in the 
context of this administrative review are addressed in the ``Issues and 
Decision Memorandum'' (Decision Memo) from Stephen J. Claeys, Deputy 
Assistant Secretary, to David M. Spooner, Assistant Secretary, dated 
October 23,

[[Page 64244]]

2006, which is hereby adopted by this notice. A list of the issues 
which the respondent raised and to which we have responded is in the 
Decision Memo and attached to this notice as an Appendix. The Decision 
Memo, which is a public document, is on file in the Central Records 
Unit, main Commerce building, Room B-099, and is accessible on the Web 
at https://ia.ita.doc.gov/frn/. The paper copy and electronic 
version of the Decision Memo are identical in content.

Changes from the Preliminary Results

    Based on our analysis of the comments we received from Asahi, we 
find that Asahi's two home-market channels of distribution constitute 
one level of trade. Our analysis on the level of trade is discussed in 
detail in the Decision Memo. We made no other changes to our analysis.

Final Results of the Review

    As a result of our review, we determine that a margin of 0.00 
percent exists for Asahi for the period August 1, 2004, through July 
31, 2005.

Assessment Rate

    The Department will determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. We intend to issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review. In accordance with 19 CFR 351.212(b)(1), we have calculated an 
importer-specific assessment rate of 0.00 percent. We will direct CBP 
to liquidate the appropriate entries at this rate. See 19 CFR 
351.212(b)(1).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment-Policy Notice). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by Asahi for which Asahi did not know that 
the merchandise it sold to an intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
91.74 percent all-others rate if there is no rate for the intermediary 
involved in the transaction. See the Assessment-Policy Notice for a 
full discussion of this clarification.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, consistent with section 751(a)(1) of the Act: (1) the 
cash-deposit rate for Asahi will be 0.00 percent; (2) for previously 
reviewed or investigated companies not listed above, the cash-deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original less-than-fair-value (LTFV) 
investigation but the manufacturer is, the cash-deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; (4) if neither the exporter nor the producer is a firm 
covered in this review, a prior review, or the LTFV investigation, the 
cash-deposit rate shall be 91.74 percent, the all-others rate 
established in the LTFV investigation. See Notice of Final 
Determination of Sales at Less Than Fair Value: Granular 
Polytetrafluoroethylene Resin From Japan, 53 FR 25191 (July 5, 1988). 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.
    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a 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 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 the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: October 23, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.

Appendix

Comments and Responses

Level of Trade
[FR Doc. E6-18405 Filed 10-31-06; 8:45 am]
BILLING CODE 3510-DS-S