Notice of Final Results of Antidumping Duty Administrative Review: Granular Polytetrafluoroethylene Resin From Italy, 1980-1981 [E7-551]

Download as PDF 1980 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Notices Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–3782 or (202) 482– 2371, respectively. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC61 with NOTICES Background On August 1, 2006, the Department of Commerce (‘‘the Department’’) published a notice of opportunity to request an administrative review of the antidumping duty order on Corrosion– Resistant Carbon Steel Flat Products from Canada. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 71 FR 43441 (August 1, 2006). On August 30, 2006, Stelco Inc. (Stelco) timely requested that the Department conduct an administrative review of Stelco. On August 31, 2006, U.S. Steel (petitioner), timely requested that the Department conduct an administrative review of Dofasco Inc., Sorevco Inc., and Do Sol Galva., Partnership (hereinafter referred to as Dofasco), and Stelco. Shortly thereafter, the Department published a notice of the initiation of the antidumping duty administrative review of Corrosion–Resistant Carbon Steel Flat Products from Canada for the period August 1, 2005 through July 31, 2006. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 57465 (September 29, 2006). On December 28, 2006, petitioner withdrew its request for this administrative review with respect to respondents Dofasco and Stelco; on January 3, 2006, Stelco withdrew its request for an administrative review. Dofasco did not request an administrative review for this period. Rescission of Review The Department’s regulations at section 351.213(d)(1) provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws its request at a later date if the Department determines that it is reasonable to extend the time limit for withdrawing the request. Petitioner submitted its request for withdrawal for Dofasco and Stelco in a timely manner. In addition, although Stelco withdrew its request after the 90-day deadline, the Department finds it reasonable to extend the withdrawal deadline for Stelco because the Department has not yet devoted any significant time and resources to this review. Furthermore, VerDate Aug<31>2005 13:58 Jan 16, 2007 Jkt 211001 we find that Stelco’s withdrawal does not constitute an abuse of our procedures. Therefore, the Department is rescinding the administrative review of the antidumping duty order on Corrosion–Resistant Carbon Steel Flat Products from Canada for the period August 1, 2005 through July 31, 2006. The Department intends to issue assessment instructions to U.S. Customs and Border Protection 41 days after the date of publication of this rescission of administrative review. See section 356.8(a) of the Department’s regulations. Notification Regarding APOs This notice also serves as a 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, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: January 9, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–530 Filed 1–16–03; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–475–703) Notice of Final Results of Antidumping Duty Administrative Review: Granular Polytetrafluoroethylene Resin From Italy Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 17, 2007. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on granular polytetrafluoroethylene (PTFE) resin from Italy, covering the period August 1, 2004, through July 31, 2005. The review covers one producer/exporter of the subject merchandise, Solvay Solexis, Inc. and Solvay Solexis S.p.A. AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 (collectively, Solvay). Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section. FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala, at (202) 482–1784; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On September 28, 2005, the Department published the notice of initiation of this antidumping duty administrative review, covering the period August 1, 2004, through July 31, 2005 (the period of review, or POR). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 56631. On September 11, 2006, the Department published the preliminary results of its administrative review of the antidumping duty order on Granular PTFE Resin from Italy. See Notice of Preliminary Results of Antidumping Duty Administrative Review: Granular Polytetrafluoroethylene Resin From Italy, 71 FR 53400 (Preliminary Results). We invited parties to comment on the Preliminary Results. On October 11, 2006, we received a case brief from Solvay. On October 17, 2006, we received a rebuttal brief from the petitioner.1 Additionally, on September 15, 2006, the Department issued a section E supplemental questionnaire to Solvay. Solvay submitted its response to this questionnaire on October 6, 2006. On October 31, 2006, and November 6, 2006, the Department issued letters to all interested parties stating that it would accept comments and rebuttals, respectively, to remark upon issues strictly related to Solvay’s October 6, 2006, response to the section E supplemental questionnaire. No parties submitted comments on Solvay’s section E supplemental response. Scope of the Review The product covered by this order is granular PTFE resin, filled or unfilled. This order also covers PTFE wet raw polymer exported from Italy to the United States. See Granular Polytetrafluoroethylene Resin From Italy; Final Affirmative Determination of Circumvention of Antidumping Duty Order, 58 FR 26100 (April 30, 1993). This order excludes PTFE dispersions in 1 The petitioner is E.I. DuPont de Nemours & Company (DuPont). E:\FR\FM\17JAN1.SGM 17JAN1 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Notices water and fine powders. During the period covered by this review, such merchandise was classified under item number 3904.61.00 of the Harmonized Tariff Schedule of the United States (HTSUS). We are providing this HTSUS number for convenience and Customs and Border Protection (CBP) purposes only. The written description of the scope remains dispositive. Analysis of Comments Received All issues addressed in the case and rebuttal briefs by parties to this administrative review are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated January 9, 2007, which is hereby adopted by this notice. Attached to this notice, as an appendix, is a list of the issues which parties have raised and to which we have responded in the Decision Memorandum. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this memorandum, which is on file in the Central Records Unit (CRU), Room B– 099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at ia.ita.doc.gov\frn. The paper copy and the electronic version of the Decision Memorandum are identical in content. mstockstill on PROD1PC61 with NOTICES Changes Since the Preliminary Results Based on our analysis of comments received, we made the following adjustments to the calculation methodology in determining the final dumping margins in the proceeding: • We revised Solvay’s U.S. warehousing expenses. See Comment 2 of the Decision Memorandum. • We used the section E data reported by Solvay to the Department on October 6, 2006. These adjustments are discussed in the Decision Memorandum and in the Memorandum to Julie Santoboni from Salim Bhabhrawala Re: 2004–2005 Administrative Review of the Antidumping Duty Order on Granular Polytetrafluoroethylene Resin from Italy Final Results Sales Calculation Memorandum - Solvay Solexis, Inc. and Solvay Solexis S.p.A. (Calculation Memorandum). Final Results of Review As a result of our review, we determine that the following weighted– average margin exists for the period of August 1, 2004, through July 31, 2005: VerDate Aug<31>2005 16:02 Jan 16, 2007 Jkt 211001 1981 cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the Solvay Solexis, Inc. ...... 39.13 most recent final results in which that producer participated; and (4) if neither Assessment Rates the exporter nor the producer is a firm covered in this review or in any The Department shall determine, and the CBP shall assess, antidumping previous segment of this proceeding, the duties on all appropriate entries. In cash deposit rate will be 46.46 percent, accordance with 19 CFR 351.212(b)(1), the ‘‘All Others’’ rate established in the we have calculated importer–specific less–than-fair–value investigation. See assessment rates by dividing the Final Determination of Sales at Less dumping margin found on the subject Than Fair Value: Granular merchandise examined by the entered Polytetrafluoroethylene Resin From value of such merchandise. Where the Italy, 53 FR 26096 (July 11, 1988). These importer–specific assessment rate is deposit requirements shall remain in above de minimis we will instruct CBP effect until publication of the final to assess antidumping duties on that results of the next administrative importer’s entries of subject review. merchandise. The Department intends This notice also serves as a final to issue appropriate instructions to CBP reminder to importers of their 15 days after the publication of these responsibility under 19 CFR final results of review. 351.402(f)(2) to file a certificate The Department clarified its regarding the reimbursement of ‘‘automatic assessment’’ regulation on antidumping duties prior to liquidation May 6, 2003. See Antidumping and of the relevant entries during this Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 review period. Failure to comply with FR 23954 (May 6, 2003). This this requirement could result in the clarification will apply to entries of Secretary’s presumption that subject merchandise during the period reimbursement of antidumping duties of review produced by the respondent occurred, and in the subsequent for which it did not know its assessment of double antidumping merchandise was destined for the duties. United States. In such instances, we will This notice also is the only reminder instruct CBP to liquidate unreviewed to parties subject to administrative entries at the all–others rate if there is protective order (APO) of their no rate for the intermediate responsibility concerning the return or company(ies) involved in the transaction. For a full discussion of this destruction of proprietary information disclosed under APO in accordance clarification, see Antidumping and with 19 CFR 351.305(a)(3). Timely Countervailing Duty Proceedings: written notification of the return/ Assessment of Antidumping Duties, 68 destruction of APO materials or FR 23954 (May 6, 2003). conversion to judicial protective order is Furthermore, the following deposit hereby requested. Failure to comply requirements will be effective for all shipments of the subject merchandise with the regulations and the terms of an entered, or withdrawn from warehouse, APO is a sanctionable violation. for consumption on or after the We are issuing and publishing these publication date of these final results of results and notice in accordance with administrative review, as provided by sections 751(a)(1) and 777(i)(1) of the section 751(a) Act. of the Tariff Act of 1930, as amended Dated: January 9, 2007. (the Act): (1) for the exporter/ manufacturer covered by this review, David M. Spooner, the cash deposit rate will be the rate Assistant Secretary for Import listed above; (2) for merchandise Administration. exported by producers or exporters not APPENDIX covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the Comment 1: Calculation of Solvay’s General and Administrative (G&A) company–specific rate published in the Expense Ratio most recent final results in which that producer or exporter participated; (3) if Comment 2: Clerical Error Allegation the exporter is not a firm covered in this [FR Doc. E7–551 Filed 1–16–07; 8:45 am] review or in any previous segment of BILLING CODE 3510–DS–S this proceeding, but the producer is, the Exporter/Manufacturer PO 00000 Frm 00005 Fmt 4703 Weighted–Average Margin Percentage Sfmt 4703 E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Notices]
[Pages 1980-1981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-551]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-475-703)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: January 17, 2007.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on granular 
polytetrafluoroethylene (PTFE) resin from Italy, covering the period 
August 1, 2004, through July 31, 2005. The review covers one producer/
exporter of the subject merchandise, Solvay Solexis, Inc. and Solvay 
Solexis S.p.A. (collectively, Solvay). Based on our analysis of 
comments received, these final results differ from the preliminary 
results. The final results are listed below in the Final Results of 
Review section.

FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala, at (202) 482-1784; 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2005, the Department published the notice of 
initiation of this antidumping duty administrative review, covering the 
period August 1, 2004, through July 31, 2005 (the period of review, or 
POR). See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 70 FR 56631.
    On September 11, 2006, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
Granular PTFE Resin from Italy. See Notice of Preliminary Results of 
Antidumping Duty Administrative Review: Granular 
Polytetrafluoroethylene Resin From Italy, 71 FR 53400 (Preliminary 
Results). We invited parties to comment on the Preliminary Results. On 
October 11, 2006, we received a case brief from Solvay. On October 17, 
2006, we received a rebuttal brief from the petitioner.\1\ 
Additionally, on September 15, 2006, the Department issued a section E 
supplemental questionnaire to Solvay. Solvay submitted its response to 
this questionnaire on October 6, 2006. On October 31, 2006, and 
November 6, 2006, the Department issued letters to all interested 
parties stating that it would accept comments and rebuttals, 
respectively, to remark upon issues strictly related to Solvay's 
October 6, 2006, response to the section E supplemental questionnaire. 
No parties submitted comments on Solvay's section E supplemental 
response.
---------------------------------------------------------------------------

    \1\ The petitioner is E.I. DuPont de Nemours & Company (DuPont).
---------------------------------------------------------------------------

Scope of the Review

    The product covered by this order is granular PTFE resin, filled or 
unfilled. This order also covers PTFE wet raw polymer exported from 
Italy to the United States. See Granular Polytetrafluoroethylene Resin 
From Italy; Final Affirmative Determination of Circumvention of 
Antidumping Duty Order, 58 FR 26100 (April 30, 1993). This order 
excludes PTFE dispersions in

[[Page 1981]]

water and fine powders. During the period covered by this review, such 
merchandise was classified under item number 3904.61.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). We are 
providing this HTSUS number for convenience and Customs and Border 
Protection (CBP) purposes only. The written description of the scope 
remains dispositive.

Analysis of Comments Received

    All issues addressed in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated January 9, 2007, 
which is hereby adopted by this notice. Attached to this notice, as an 
appendix, is a list of the issues which parties have raised and to 
which we have responded in the Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this memorandum, which is on file in 
the Central Records Unit (CRU), Room B-099 of the main Department 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at ia.ita.doc.gov\frn. The paper 
copy and the electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made the following 
adjustments to the calculation methodology in determining the final 
dumping margins in the proceeding:
 We revised Solvay's U.S. warehousing expenses. See Comment 2 
of the Decision Memorandum.
 We used the section E data reported by Solvay to the 
Department on October 6, 2006.
    These adjustments are discussed in the Decision Memorandum and in 
the Memorandum to Julie Santoboni from Salim Bhabhrawala Re: 2004-2005 
Administrative Review of the Antidumping Duty Order on Granular 
Polytetrafluoroethylene Resin from Italy Final Results Sales 
Calculation Memorandum - Solvay Solexis, Inc. and Solvay Solexis S.p.A. 
(Calculation Memorandum).

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of August 1, 2004, 
through July 31, 2005:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
Solvay Solexis, Inc.................................               39.13
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the CBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), we have calculated importer-specific assessment 
rates by dividing the dumping margin found on the subject merchandise 
examined by the entered value of such merchandise. Where the importer-
specific assessment rate is above de minimis we will instruct CBP to 
assess antidumping duties on that importer's entries of subject 
merchandise. The Department intends to issue appropriate instructions 
to CBP 15 days after the publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by the respondent for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of administrative review, as provided by section 751(a)
    of the Tariff Act of 1930, as amended (the Act): (1) for the 
exporter/manufacturer covered by this review, the cash deposit rate 
will be the rate listed above; (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
previous segment of this proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the most recent 
final results in which that producer or exporter participated; (3) if 
the exporter is not a firm covered in this review or in any previous 
segment of this proceeding, but the producer is, the cash deposit rate 
will be that established for the producer of the merchandise in these 
final results of review or in the most recent final results in which 
that producer participated; and (4) if neither the exporter nor the 
producer is a firm covered in this review or in any previous segment of 
this proceeding, the cash deposit rate will be 46.46 percent, the ``All 
Others'' rate established in the less-than-fair-value investigation. 
See Final Determination of Sales at Less Than Fair Value: Granular 
Polytetrafluoroethylene Resin From Italy, 53 FR 26096 (July 11, 1988). 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return/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 and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

Comment 1: Calculation of Solvay's General and Administrative (G&A) 
Expense Ratio
Comment 2: Clerical Error Allegation
[FR Doc. E7-551 Filed 1-16-07; 8:45 am]
BILLING CODE 3510-DS-S

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