Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Extension of Time Limit for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 64913-64914 [E8-25728]
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Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices
thereof, we have determined, in
accordance with 19 CFR 351.224(e), that
we made certain ministerial errors with
respect to our final dumping margin
calculation for Polyplex and have
revised our margin calculation
accordingly. Specifically, the
Department inadvertently did not
convert domestic inventory carrying
cost (DINVCARU) into U.S. dollars after
re–calculating this expense for the Final
Determination to account for certain
changes to Polyplex’s reported costs.
See Final Determination, 73 FR at
55044. The Department has revised its
calculation of DINVCARU to convert
this expense into U.S. dollars as
intended. Additionally, the Department
inadvertently failed to account for
certain income accounts reported in
Polyplex Americas, Ltd.’s Saracote
division when calculating the U.S.
indirect selling expense (ISE) ratio. See
‘‘Issues and Decision Memorandum for
the Final Determination of the
Antidumping Duty Investigation of
Polyethylene Terephthalate Film, Sheet,
and Strip (PET Film) from Thailand’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, dated September 17,
2008, at Comment 5. For this amended
final determination, the Department has
revised its calculation of the U.S. ISE
ratio to account for certain income
expenses recorded by the Saracote
division of Polyplex Americas, Ltd. as
intended. Finally, the Department
inadvertently failed to include bad debt
expenses in its calculation of the U.S.
ISE ratio for Polyplex. See Decision
Memorandum at Comment 5. For a
detailed discussion of the ministerial
errors alleged by Polyplex as well as the
Department’s analysis, see
Memorandum from the Team to Richard
O. Weible, entitled, ‘‘Ministerial Error
Allegation in the Final Determination of
the Antidumping Duty Investigation of
Polyethylene Terephthalate Film, Sheet,
and Strip from Thailand,’’ dated
October 24, 2008. Correcting these
errors results in a revised margin of 5.36
percent for Polyplex as indicated in the
‘‘Amended Cash Deposits’’ section
below.
Therefore, in accordance with 19 CFR
351.224(e), we are amending the final
determination of sales at LTFV in the
antidumping duty investigation of
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Section 735(c)(5)(A) of the Act
provides that the estimated all–others
rate shall be an amount equal to the
weighted–average of the estimated
weighted–average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins and any
margins determined entirely under
section 776 of the Act. For this amended
final determination, we have calculated
an amended margin for Polyplex that is
above de minimis and will use this rate
as the all–others rate as no other
producer was investigated.
Therefore, for purposes of
determining the all–others rate, and
pursuant to section 735(c)(5)(A) of the
Act, we are using the amended
weighted–average dumping margin
calculated for Polyplex of 5.36 percent.
Amended Cash Deposits
The revised weighted–average
dumping margins are as follows:
6.07
6.07
5.36
5.36
DEPARTMENT OF COMMERCE
International Trade Administration
Dated: October 24, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–26035 Filed 10–30–08; 8:45 am]
All–Others Rate
Amended Final Weighted–Average
Percentage
Polyplex .........................................................................................................
All–Others ......................................................................................................
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of polyethylene
terephthalate film, sheet, and strip from
Thailand. CBP shall require a cash
deposit equal to the estimated amount
by which the normal value exceeds the
U.S. price as indicated in the chart
above. These instructions suspending
liquidation will remain in effect until
further notice.
This amended determination is issued
and published pursuant to section
735(e) and 777(i)(1) of the Act.
polyethylene terephthalate film, sheet,
and strip from Thailand for Polyplex.
Final Determination WeightedAverage Margin Percentage
Manufacturer/Exporter
Continuation of Suspension of
Liquidation
64913
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Extension of Time Limit for the Final
Results of the Expedited Sunset
Review of the Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–2312.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2008, the Department of
Commerce (‘‘the Department’’) initiated
a sunset review of the antidumping duty
order on certain frozen fish fillets from
the Socialist Republic of Vietnam
PO 00000
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(‘‘Vietnam’’) pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). See Initiation of Five-year
(‘‘Sunset’’) Review, 73 FR 37411 (July 1,
2008). Based on an adequate response
from the domestic interested party and
an inadequate response from the
respondent interested party, the
Department is conducting an expedited
sunset review to determine whether
revocation of the antidumping order
would lead to the continuation or
recurrence of dumping, pursuant to
section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(C)(2) of the
Department’s regulations. See Letters to
the International Trade Commission
regarding the Sunset Reviews of the AD/
CVD Orders Initiated in July 2007, dated
July 22, 2008, and August 20, 2008.
Extension of Time Limits for Final
Results
In accordance with section
751(c)(5)(B) of the Act, the Department
may extend the 120-day time period for
making its determination by not more
than 90 days, if it determines that a
review is extraordinarily complicated.
As set forth in section 751(c)(5)(C)(i) of
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64914
Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices
the Act, the Department may treat a
sunset review as extraordinarily
complicated if there are a large number
of issues, as is the case in this
proceeding. In particular, Petitioners
filed comments raising various issues,
some of which are complex and require
additional time for analysis. Therefore,
the Department has determined,
pursuant to section 751(c)(5)(C)(i) of the
Act, that the first sunset review of
frozen fish fillets from Vietnam is
extraordinarily complicated, as the
Department must consider numerous
arguments presented in Petitioners’ July
31, 2008, substantive response. Based
on the timing of the case, the final
results of this expedited sunset review
cannot be completed within the
statutory time limit of 120 days.
Accordingly, the Department is
extending the time limit for the
completion of the final results by 40
days, from October 29, 2008, to no later
than December 8, 2008, in accordance
with section 751(c)(5)(B) of the Act.
This notice is published pursuant to
sections 751(c)(5)(B) and 777(i)(1) of the
Act.
Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–25728 Filed 10–30–08; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–046]
Polychloroprene Rubber from Japan:
Final Results of Changed
Circumstances Review and
Determination to Revoke Antidumping
Duty Finding in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 11, 2008, the
Department of Commerce (the
Department) published a notice of
initiation and preliminary results of a
changed circumstances review with
intent to revoke, in part, the
antidumping duty (AD) finding on
polychloroprene rubber from Japan. See
Polychloroprene Rubber From Japan:
Notice of Initiation and Preliminary
Results of Changed Circumstances
Review, and Intent To Revoke
Antidumping Duty Finding in Part, 73
FR 12954 (March 11, 2008) (Initiation
and Preliminary Results). We are now
revoking this AD finding, in part, with
regard to certain polychloroprene rubber
ebenthall on PROD1PC60 with NOTICES
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products from Japan, as described in the
‘‘Scope of Changed Circumstances
Review’’ section of this notice, based on
the fact that domestic parties have
expressed no further interest in the
relief provided by the AD finding with
respect to the imports of such products.
EFFECTIVE DATE: October 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay or Summer Avery, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington DC 20230;
telephone (202) 482–0780 or (202) 482–
4052, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 23, 2008, the Department
received a request on behalf of the
petitioner, DuPont Performance
Elastomers L.L.C. (DPE),1 for revocation
in part of the AD finding on
polychloroprene rubber from Japan
pursuant to sections 751(b)(1) and
782(h) of the Tariff Act of 1930, as
amended (the Act). DPE requested
partial revocation of the AD finding
with respect to certain polychloroprene
rubber products, listed below in the
section entitled ‘‘Scope of Changed
Circumstances Review.’’ In its January
23, 2008, submission, DPE stated that it
no longer has any interest in
antidumping relief from imports of such
polychloroprene rubber from Japan. On
March 11, 2008, the Department
published a notice of initiation and
preliminary results of a changed
circumstances review with intent to
revoke, in part, the AD finding on
polychloroprene rubber from Japan. See
Initiation and Preliminary Results. The
Department provided interested parties
with a deadline to submit written
comments no later than 30 days after the
date of publication of the Initiation and
Preliminary Results. Id. The Department
received timely comments on the
Department’s preliminary results from
The Adhesive and Sealant Council, Inc.
(ASC), Clifton Adhesive, Inc. (Clifton),
Royal Adhesives & Sealants, LLC (RAS),
Showa Denko America, Inc. (Showa
Denko), The W.W. Henry Company
(W.W. Henry), and DPE. The comments
1 DPE is the sole petitioner in this antidumping
proceeding. See Polychloroprene Rubber From
Japan: Final Results of the Expedited Sunset Review
of the Antidumping Duty Finding, 69 FR 64276
(November 4, 2004). DPE has been the sole U.S.
producer of polychloroprene rubber since 1998,
when Bayer Group closed its polychloroprene
rubber plant in Houston, Texas. See
Polychloroprene Rubber from Japan, Inv. No. AA1921-129 (Second Review), U.S. ITC Pub. 3786
(June 2005), at 4-5.
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by these parties are discussed below in
the section entitled ‘‘Summary of
Comments Received.’’
Scope of Changed Circumstances
Review
The merchandise subject to DPE’s
request and covered by this changed
circumstances review is
polychloroprene rubber from Japan with
solid polychloroprenes that are
dipolymers of chloroprene and
methacrylic acid having methacrylic
acid comonomer content in the 1.0
percent to 5.0 percent range (this
category does not include aqueous
chloroprene/methacrylic acid dipolymer
dispersion products or solvent solutions
of chloroprene/methacrylic acid
dipolymers). This changed
circumstances review covers
polychloroprene rubber from Japan
meeting the specifications as described
above. Effective upon publication of
these final results of changed
circumstances review in the Federal
Register, the amended scope of the AD
finding will read as identified in the
‘‘Scope of the Finding (As Amended By
These Final Results of Changed
Circumstances)’’ section of this notice.
Summary of Comments Received
After the Department issued its
Initiation and Preliminary Results, we
received timely comments from several
parties. On April 3, 2008, we received
comments from Clifton, a domestic
industrial user of polychloroprene
rubber, and on April 8, 2008, we
received comments from ASC, an
international trade association
representing 125 manufacturers of
adhesives and sealants. Both Clifton and
ASC argued that the proposed scope
amendment by the changed
circumstances review would not
provide any relief to the affected U.S.
industries because their Japanese
supplier provides polychloroprene
rubber that contains dipolymers of
chloroprene and methacrylic acid
having methacrylic acid comonomer at
less than 1.0 percent. Clifton and ASC
contended that imports of this product
would still be within the proposed
amended scope of the AD finding.
Therefore, they proposed that the
excluded subject merchandise include
‘‘dipolymers of chloroprene and
methacrylic acid having methacrylic
acid comonomer content of less than 5.0
percent.’’
On April 9, 2008, the Department
received comments from Showa Denko,
a Japanese producer and U.S. importer
of polychloroprene rubber. Showa
Denko indicated that DPE had requested
this changed circumstances review
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[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64913-64914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25728]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Extension of Time Limit for the Final Results of the Expedited
Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 31, 2008.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-2312.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2008, the Department of Commerce (``the Department'')
initiated a sunset review of the antidumping duty order on certain
frozen fish fillets from the Socialist Republic of Vietnam
(``Vietnam'') pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``the Act''). See Initiation of Five-year (``Sunset'') Review,
73 FR 37411 (July 1, 2008). Based on an adequate response from the
domestic interested party and an inadequate response from the
respondent interested party, the Department is conducting an expedited
sunset review to determine whether revocation of the antidumping order
would lead to the continuation or recurrence of dumping, pursuant to
section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of
the Department's regulations. See Letters to the International Trade
Commission regarding the Sunset Reviews of the AD/CVD Orders Initiated
in July 2007, dated July 22, 2008, and August 20, 2008.
Extension of Time Limits for Final Results
In accordance with section 751(c)(5)(B) of the Act, the Department
may extend the 120-day time period for making its determination by not
more than 90 days, if it determines that a review is extraordinarily
complicated. As set forth in section 751(c)(5)(C)(i) of
[[Page 64914]]
the Act, the Department may treat a sunset review as extraordinarily
complicated if there are a large number of issues, as is the case in
this proceeding. In particular, Petitioners filed comments raising
various issues, some of which are complex and require additional time
for analysis. Therefore, the Department has determined, pursuant to
section 751(c)(5)(C)(i) of the Act, that the first sunset review of
frozen fish fillets from Vietnam is extraordinarily complicated, as the
Department must consider numerous arguments presented in Petitioners'
July 31, 2008, substantive response. Based on the timing of the case,
the final results of this expedited sunset review cannot be completed
within the statutory time limit of 120 days. Accordingly, the
Department is extending the time limit for the completion of the final
results by 40 days, from October 29, 2008, to no later than December 8,
2008, in accordance with section 751(c)(5)(B) of the Act.
This notice is published pursuant to sections 751(c)(5)(B) and
777(i)(1) of the Act.
Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-25728 Filed 10-30-08; 8:45 am]
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