Granular Polytetrafluoroethylene Resin from Italy: Rescission of Antidumping Duty Administrative Review, 884-885 [E9-225]

Download as PDF 884 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices mstockstill on PROD1PC66 with NOTICES Goldlink, along with the ten other companies in this review (Aesthetic Colortech (Shanghai) Company, Limited (Aesthetic Colortech); Anhui Worldbest IE Company, Limited (Anhui Worldbest); Cidic Company, Limited (Cidic); Ganguink Company, Pigment Division (Ganguink); Hunan Sunlogistics International Company, Limited (Hunan Sunlogistics); Hygeia– Chem (Shanghai) Company, Limited (Hygeia–Chem); Pudong Prime International Logistic Incorporated (Pudong Prime); Shanghai Rainbow Dyes Import and Export (Shanghai Rainbow); Sinocol Corporation, Limited (Sinocol); and Yangcheng Tiacheng Chemical Company, Limited (Yangcheng Chemical)) did not qualify for separate rate status. See Preliminary Results, 73 FR at 52009. As a result, the Department considered these 11 companies to be part of the PRC–wide entity, which is assigned a rate of 241.32 percent based on facts otherwise available with an adverse inference. See Preliminary Results, 73 FR at 52009– 52011. The Department did not receive any comments on this issue. Use of Facts Otherwise Available and the PRC–Wide Rate As noted above, the Department determined that Aesthetic Colortech, Anhui Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics, Hygeia– Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and Yangcheng Chemical did not demonstrate eligibility for separate rate status, and thus were properly considered to be part of the PRC–wide entity. As the Department found that the PRC–wide entity failed to cooperate to the best of its ability in responding to the Department’s requests for information and thereby impeded the Department’s proceeding, the Department assigned the PRC–wide entity a rate based on facts otherwise available with an adverse inference pursuant to sections 776(a)(1) and 776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of 1930, as amended (the Act). See Preliminary Results, 73 FR at 52009–52010. The Department did not receive any comments regarding its application of adverse facts available (AFA) to the PRC–wide entity in the Preliminary Results. Therefore, for these final results, the Department has not altered its analysis or decision to apply total AFA to the PRC–wide entity. Final Results of Review We determine that the following antidumping duty margin exists for the period December 1, 2006 through November 30, 2007: VerDate Nov<24>2008 17:55 Jan 08, 2009 Jkt 217001 Exporter/Manufacturer PRC–Wide Rate (including Aesthetic Colortech, Anhui Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics, Hygeia–Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and Yangcheng Chemical) ..... Margin (percent) 241.32% Assessment of Antidumping Duties The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries pursuant to section 751(a)(1)(B) of the Act and 19 CFR 351.212(b)(1). The Department intends to issue assessment instructions directly to CBP 15 days after the date of publication of the final results of this review. Cash Deposit Requirements The following cash–deposit requirements will be effective upon publication of the final results for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) for subject merchandise exported by the PRC–wide entity, including Aesthetic Colortech, Anhui Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics, Hygeia–Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and Yangcheng Chemical, the cash–deposit rate will be equal to 241.32 percent; (2) for previously investigated or reviewed PRC and non– PRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash–deposit rate will be the PRC– wide rate of 241.32 percent; (4) for all non–PRC exporters of subject merchandise which have not received their own rate, the cash–deposit rate will be the rate applicable to the PRC exporter that supplied that non–PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a final reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305. Timely written 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. This notice of final results is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 2, 2009. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E9–224 Filed 1–8–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–475–703] Granular Polytetrafluoroethylene Resin from Italy: Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 9, 2009. FOR FURTHER INFORMATION CONTACT: Shane Subler or Alicia Winston, at (202) 482-0189 or (202) 482–1785, respectively; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUMMARY: On September 30, 2008, the Department of Commerce (‘‘the Department’’) published a notice announcing the initiation of an administrative review of the antidumping duty order on granular polytetrafluoroethylene resin from Italy, covering the period August 1, 2007, through July 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 73 FR 56794, (September 30, 2008). The review was requested by Solvay Solexis, Inc. and Solvay Solexis S.p.A. (collectively, ‘‘Solvay’’). We are now rescinding this E:\FR\FM\09JAN1.SGM 09JAN1 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices review as a result of Solvay’s withdrawal of its request for an administrative review. SUPPLEMENTARY INFORMATION: Background In accordance with 19 CFR 351.213(b), on August 29, 2008, Solvay timely requested an administrative review of the antidumping duty order on granular polytetrafluoroethylene resin from Italy. Solvay was the only party to request this administrative review. On September 30, 2008, in accordance with 19 CFR 351.221 (c)(1)(i), the Department published its notice of initiation of administrative review of this order for the period August 1, 2007, through July 31, 2008. Solvay withdrew its request for this review on December 9, 2008. Rescission of Review Pursuant to 19 CFR 351.213(d)(l), the Secretary will rescind an administrative review, in whole or in part, if the party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. The Secretary may extend this time limit if the Secretary decides that it is reasonable to do so. Solvay withdrew its request within the 90–day period, and no other party requested a review. Therefore, in response to Solvay’s withdrawal of its request for an administrative review, the Department hereby rescinds the administrative review of the antidumping order on granular’’ polytetrafluoroethylene resin from Italy for the period August 1, 2007, through July 31, 2008. review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protection orders (‘‘APO’’) of their responsibility concerning the disposition 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 terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 751(a)(l) and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: December 30, 2008. Stephen J. Claeys, Deputy Assistant Secretaryfor Antidumping and Countervailing Duty Operations. [FR Doc. E9–225 Filed 1–9–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–475–703] Granular Polytetrafluoroethylene Resin From Italy: Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review mstockstill on PROD1PC66 with NOTICES Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For the company for which this review is rescinded, the antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawn from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 9, 2009. FOR FURTHER INFORMATION CONTACT: Shane Subler or Alicia Winston, at (202) 482–0189 or (202) 482–1785, respectively; 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: Notification to Importers This notice serves as a 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 On September 22, 2008, the Department published the notice of amended preliminary results of the administrative review of the antidumping duty order on granular polytetrafluoroethylene resin from Italy covering the period August 1, 2006, VerDate Nov<24>2008 16:16 Jan 08, 2009 Jkt 217001 Background PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 885 through July 31, 2007. See Amended Notice of Preliminary Results of Antidumping Duty Administrative Review: Granular Polytetrafluoroethylene Resin From Italy, 73 FR 54557 (September 22, 2008) (‘‘Preliminary Results’’). 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 issue the final results of an administrative review within 120 days of the publication of the preliminary results. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend this deadline to a maximum of 180 days. Extension of Time Limits for Final Results The Department requires additional time to complete this review because it conducted sales and cost verifications after the Preliminary Results. The Department needs to allow time for parties to brief any issues and for the Department to consider all the issues raised, including complex cost accounting issues. Consequently, it is not practicable to complete this review within the originally anticipated time limit (i.e., by January 20, 2009). Therefore, the Department is extending the time limit for completion of the final results by 60 days to March 21, 2009, in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations. However, March 21, 2009, falls on a Saturday and it is the Department’s long–standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary results is now no later than March 23, 2009. We are issuing this notice in accordance with section 751(a)(3)(A) of the Act. Dated: December 30, 2008. Stephen J. Claeys, Deputy Assistant Secretaryfor Antidumping and Countervailing Duty Operations. [FR Doc. E9–226 Filed 1–8–09; 8:45 am] Billing Code: 3510–DS–S E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 884-885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-225]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-703]


Granular Polytetrafluoroethylene Resin from Italy: Rescission of 
Antidumping Duty Administrative Review

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

EFFECTIVE DATE: January 9, 2009.

FOR FURTHER INFORMATION CONTACT: Shane Subler or Alicia Winston, at 
(202) 482-0189 or (202) 482-1785, respectively; AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230.

SUMMARY: On September 30, 2008, the Department of Commerce (``the 
Department'') published a notice announcing the initiation of an 
administrative review of the antidumping duty order on granular 
polytetrafluoroethylene resin from Italy, covering the period August 1, 
2007, through July 31, 2008. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 73 FR 56794, (September 30, 2008). The review was requested by 
Solvay Solexis, Inc. and Solvay Solexis S.p.A. (collectively, 
``Solvay''). We are now rescinding this

[[Page 885]]

review as a result of Solvay's withdrawal of its request for an 
administrative review.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with 19 CFR 351.213(b), on August 29, 2008, Solvay 
timely requested an administrative review of the antidumping duty order 
on granular polytetrafluoroethylene resin from Italy. Solvay was the 
only party to request this administrative review. On September 30, 
2008, in accordance with 19 CFR 351.221 (c)(1)(i), the Department 
published its notice of initiation of administrative review of this 
order for the period August 1, 2007, through July 31, 2008. Solvay 
withdrew its request for this review on December 9, 2008.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(l), the Secretary will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
Secretary may extend this time limit if the Secretary decides that it 
is reasonable to do so. Solvay withdrew its request within the 90-day 
period, and no other party requested a review. Therefore, in response 
to Solvay's withdrawal of its request for an administrative review, the 
Department hereby rescinds the administrative review of the antidumping 
order on granular'' polytetrafluoroethylene resin from Italy for the 
period August 1, 2007, through July 31, 2008.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
the company for which this review is rescinded, the antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawn from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department intends to issue appropriate assessment instructions to 
CBP 15 days after the date of publication of this notice of rescission 
of administrative review.

Notification to Importers

    This notice serves as a 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 the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protection orders (``APO'') of their responsibility 
concerning the disposition 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 terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 751(a)(l) and 777(i)(l) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.213(d)(4).

    Dated: December 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Antidumping and Countervailing Duty 
Operations.
[FR Doc. E9-225 Filed 1-9-09; 8:45 am]
BILLING CODE 3510-DS-S