Granular Polytetrafluoroethylene Resin From Italy: Final Results of Antidumping Duty Administrative Review, 14519-14521 [E9-7232]
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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices
Dated: March 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–7230 Filed 3–30–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–703]
Granular Polytetrafluoroethylene Resin
From Italy: Final Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 22, 2008, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on granular polytetrafluoroethylene
resin from Italy, covering the period
August 1, 2006, through July 31, 2007.
We invited interested parties to
comment on these preliminary results.
Based on our analysis of the comments
received and the results of verification,
we have made changes to the margin
calculation. The final weighted–average
dumping margin for the reviewed firm
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: March 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair or Nancy Decker, at (202)
482–3813 or (202) 482–0196,
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:
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Background
On September 22, 2008, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of its administrative
review of the antidumping duty order
on granular polytetrafluoroethylene
(‘‘PTFE’’) resin from Italy. See Amended
Notice of Preliminary Results of
Antidumping Duty Administrative
Review: Granular
Polytetrafluoroethylene Resin From
Italy, 73 FR 54557 (September 22, 2008)
(‘‘Preliminary Results’’).
From October 13 through October 17,
2008, we verified Solvay Solexis
S.p.A.’s sales response. We issued a
report for this verification on December
11, 2008. See Memorandum from Shane
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Subler and Alicia Winston,
International Trade Compliance
Analysts, to Susan H. Kuhbach,
Director, Office 1, ‘‘Verification of the
Sales Response of Solvay Solexis S.p.A.
in the Antidumping Duty
Administrative Review of Granular
Polytetrafluoroethylene Resin from
Italy,’’ (December 11, 2008) (‘‘Home
Market Verification Report’’). From
November 13 through November 19,
2008, we verified Solvay Solexis
S.p.A.’s cost response. We issued a
report for this verification on January 6,
2009. See Memorandum from Ernest Z.
Gziryan, Senior Accountant, to Neal M.
Halper, Director, Office of Accounting,
‘‘Verification of the Cost of Production
and Constructed Value Data Submitted
by Solvay Solexis S.p.A. in the
Antidumping Duty Administrative
Review of Granular
Polytetrafluoroethylene (‘‘PTFE’’) Resin
from Italy,’’ (January 6, 2009) (‘‘Cost
Verification Report’’). On October 27
and 28, 2008, we verified Solvay
Solexis, Incorporated’s constructed
export price (‘‘CEP’’) sales response. See
Memorandum from Shane Subler and
Alicia Winston, International Trade
Compliance Analysts, to Susan H.
Kuhbach, Director, Office 1,
‘‘Verification of the Sales Response of
Solvay Solexis, Inc. in the Antidumping
Duty Administrative Review of Granular
Polytetrafluoroethylene Resin from
Italy,’’ (January 9, 2009) (‘‘CEP
Verification Report’’). In this notice, we
refer to the three reports collectively as
the ‘‘Verification Reports.’’
We invited parties to comment on the
Preliminary Results. On January 26,
2009, we received case briefs from E.I.
DuPont de Nemours & Company (‘‘the
petitioner’’) and Solvay Solexis, Inc. and
Solvay Solexis S.p.A. (collectively,
‘‘Solvay’’). On January 29, 2009, we
received rebuttal briefs from the
petitioner and Solvay. On January 26,
2009, Solvay requested a public hearing;
the hearing was held at the Department
of Commerce on February 2, 2009. A
record of the February 2, 2009, hearing
is available in the Central Records Unit
(‘‘CRU’’), Room 1117 of the main
Department building.
On January 9, 2009, we extended the
time limit for the final results of this
administrative review, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’). See
Granular Polytetrafluoroethylene Resin
From Italy: Extension of Time Limit for
the Final Results of the Antidumping
Duty Administrative Review, 74 FR 885
(January 9, 2009).
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14519
Scope of the Order
The product covered by the order is
granular PTFE resin, filled or unfilled.
The 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).
The order excludes PTFE dispersions in
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
U.S. Customs and Border Protection
(‘‘CBP’’) purposes only. The written
description of the scope remains
dispositive.
Cost of Production
Consistent with the Preliminary
Results, we disregarded home–market
sales by Solvay that failed the cost–ofproduction test.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(‘‘Decision Memorandum’’) from John
M. Andersen, Acting Deputy Assistant
Secretary for Import Administration, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
dated March 23, 2009, 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
CRU, Room 1117 of the main
Department building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Import Administration website at
https://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
First, we revised the calculations from
the Preliminary Results to account for
minor corrections that Solvay submitted
during the home market and CEP sales
verifications. We revised the following
fields in Solvay’s home market sales
database: packing and indirect selling
expenses. We revised the following
fields in Solvay’s U.S. market sales
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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices
database: U.S. inland freight from the
warehouse to the customer, indirect
selling expenses incurred in the United
States, U.S. warehousing, U.S.
brokerage, and packing. For details on
the minor corrections, see page 2 and
Exhibit 1 of the Home Market
Verification Report; see also page 2 and
Exhibits 1a–1d of the CEP Verification
Report.
Second, we made additional changes
to the Preliminary Results calculations
to account for other findings from the
sales verifications. First, we removed
two sales to Canada from Solvay’s U.S.
sales database. See page 2 of the CEP
Verification Report. Second, we found
that Solvay used interest rates on loans
from affiliated companies to calculate
imputed credit and inventory carrying
expenses for home market sales and
U.S. market sales. See page 2 of the
Home Market Verification Report; see
also page 2 of the CEP Verification
Report. Instead, we used interest rates
published by the Bank of Italy for loans
to non–financial corporations as an
interest rate for the home market rather
than Solvay’s rate from affiliated
companies. For the U.S. market, we
used short–term interest rates published
by the Federal Reserve for commercial
and industrial loans as a surrogate
interest rate. For both markets, we used
a single weighted–average of the
monthly interest rates that correspond
to the period of review (‘‘POR’’).
Third, based on our analysis of
comments from interested parties, we
made the following changes to the cost
of production calculation. First, we used
Solvay’s fiscal year 2007 financial
statements to calculate general and
administrative expenses (‘‘G&A’’) and
financial expenses. Second, we
calculated the short–term portion of
Solvay’s total interest income based on
the ratio of current assets to the total
interest income–producing assets of the
parent company, Solvay S.A. We have
addressed these two issues in the public
decision memorandum that
accompanies this notice. Finally, we
made additional revisions to the
calculation of G&A expenses and the
total cost of manufacturing. Comments
from parties on these issues contain
business proprietary information, so we
have addressed the comments in the
Memorandum to the File from Ernest
Gziryan to Neal M. Halper, ‘‘Cost of
Production and Constructed Value
Calculation Adjustments for the Final
Results Solvay–Solexis S.p.A.,’’ (March
23, 2009).
We have explained the incorporation
of all of the changes into the calculation
programs in the Memorandum to the
File from Yasmin Nair, ‘‘Final Results
Calculation Memorandum for Solvay
Solexis, Inc. and Solvay Solexis S.p.A.
for the Nineteenth Administrative
Review of Granular
Polytetrafluoroethylene Resin From
Italy,’’ (March 23, 2009).
Final Results of Review
As a result of our review, we
determine that the following percentage
weighted–average margin exists for the
period August 1, 2006, through July 31,
2007:
Weighted–Average Margin
(Percentage)
Producer
Solvay Solexis, Inc. and Solvay Solexis S.p.A. (collectively, ‘‘Solvay’’) ...................................................................
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Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. Pursuant to 19
CFR 351.212(b)(1), the Department
calculates an assessment rate for each
importer of the subject merchandise
covered by the review. To determine
whether the duty assessment rates
covering the period were de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we
calculated importer (or customer)specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to that importer or customer
and dividing this amount by the total
value of the sales to that importer (or
customer). Where an importer (or
customer)-specific ad valorem rate was
greater than de minimis, and the
respondent has reported reliable entered
values, we applied the assessment rate
to the entered value of the importer’s/
customer’s entries during the review
period. Where an importer (or
customer)-specific ad valorem rate was
greater than de minimis and we did not
have reliable entered values, we
calculated a per–unit assessment rate by
aggregating the dumping duties due for
all U.S. sales to each importer (or
customer) and dividing this amount by
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the total quantity sold to that importer
(or customer). The Department intends
to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
this 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 id.
Cash Deposit Requirements
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of PTFE from Italy
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(1) of the Act: (1) the cash deposit
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79.47
rate listed above for Solvay will be the
rate established in the final results of
this review, except if a rate is less than
0.5 percent, and therefore de minimis,
the cash deposit rate will be zero; (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 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; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will be 46.46 percent, the
‘‘all others’’ rate established in the LTFV
investigation. See Final Determination
of Sales at Less Than Fair Value:
Granular Polytetrafluoroethylene Resin
From Italy, 53 FR 26096 (July 11, 1988).
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
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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.
Notification to Interested Parties
This notice is also the 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: March 23, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
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List of Comments in the Decision
Memorandum
Comment 1: Differences Between
Statutory Financial Statements and
Financial Statements Prepared
According to International Financial
Reporting Standards
Comment 2: Financial Statements for
G&A and Financial Expenses
Comment 3: Goodwill Amortization
Comment 4: Research and Development
Expenses and Certain G&A Expenses
Comment 5: Major Inputs
Comment 6: Adjustments to the Cost of
Manufacturing
Comment 7: Financial Expenses
Comment 8: Solvay’s Use of Polymist®
in Producing In–Scope Products
Comment 9: Non–U.S. Sales
Comment 10: Treatment of Negative
Dumping Margins (Zeroing)
[FR Doc. E9–7232 Filed 3–30–09; 8:45 am]
BILLING CODE 3510–DS–S
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Jkt 217001
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Rulings
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 31, 2009.
SUMMARY: The Department of Commerce
(‘‘Department’’) hereby publishes a list
of scope rulings completed between
October 1, 2008, and December 31,
2008. In conjunction with this list, the
Department is also publishing a list of
requests for scope rulings and
anticircumvention determinations
pending as of December 31, 2008. We
intend to publish future lists after the
close of the next calendar quarter.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey, AD/CVD Operations,
China/NME Group, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: 202–482–2312.
SUPPLEMENTARY INFORMATION:
Background
The Department’s regulations provide
that the Secretary will publish in the
Federal Register a list of scope rulings
on a quarterly basis. See 19 CFR
351.225(o). Our most recent notification
of scope rulings was published on
December 1, 2008. See Notice of Scope
Rulings, 73 FR 72771 (December 1,
2008). This current notice covers all
scope rulings and anticircumvention
determinations completed by Import
Administration between October 1,
2008, and December 31, 2008, inclusive,
and it also lists any scope or
anticircumvention inquiries pending as
of December 31, 2008. As described
below, subsequent lists will follow after
the close of each calendar quarter.
Scope Rulings Completed Between
October 1, 2008, and December 31, 2008
Germany
A–428–825: Stainless Steel Sheet and
Strip in Coils from Germany. Requestor:
Almetals, Inc.; TriClad nickel-clad
stainless steel sheet and strip in coils is
within the scope of the antidumping
duty order; October 10, 2008.
Japan
A–588–046: Polychloroprene Rubber
from Japan. Requestor: DuPont
Performance Elastomers L.L.C.; solid
polychloroprenes that are dipolymers of
chloroprene and methacrylic acid
having methacrylic acid comonomer
content in the 0.2 percent to 5.0 percent
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14521
range (this category does not include
aqueous chloroprene/methacrylic acid
dipolymer dispersion products or
solvent solutions of chloroprene/
methacrylic acid dipolymers) are
excluded from the scope of the
antidumping duty order; October 31,
2008.
A–588–046: Polychloroprene Rubber
from Japan. Requestor: DuPont
Performance Elastomers L.L.C; aqueous
dispersions of 2-chlorobutadiene-1,3
homopolymers, where the polymer
content of the dispersion is between 55
weight percent and 61 weight percent
and the dispersed homopolymer
contains less than 10 weight percent of
a tetrahydrofuran-insoluble fraction are
excluded from the scope of the
antidumping duty order; December 12,
2008.
People’s Republic of China
A–570–504: Petroleum Wax Candles
from the People’s Republic of China.
Requestor: Sourcing International, LLC;
Red Rose Stem (HM65975W–G); White
and Yellow Poppies (HM65895R); Water
Lotus (HM52305LB); Spotted Orchid
(HM12066); and Bouquet of Pom Pom
(HM65833W–G) novelty candles are not
within the scope of the antidumping
duty order; October 20, 2008.
A–570–827: Cased Pencils from the
People’s Republic of China. Requestor:
Walgreen Co.; the ‘‘ArtSkills Stencil
Kit’’ is not within the scope of the
antidumping duty order; October 8,
2008.
A–570–882: Refined Brown
Aluminum Oxide from the People’s
Republic of China. Requestor: 3M
Company; semi-friable aluminum oxide
and heat-treated aluminum oxide are
within the scope of the antidumping
duty order; October 1, 2008.
A–570–886: Polyethylene Retail
Carrier Bags from the People’s Republic
of China. Requestor: Rayton Produce
Packaging Inc.; promotional bag (model
# F–OPPAPEJZLG) is within the scope
of the antidumping duty order; October
2, 2008.
A–570–886: Polyethylene Retail
Carrier Bags from the People’s Republic
of China. Requestor: Majestic
International; certain polyethylene gift
bags (UPC codes starting with 8–51603and ending with: 00002–3, 00004–7,
00140–2, 00141–9, 00142–6, 00041–2,
00040–5, 00052–8, 00059–7, 00066–5,
00068–9, 00071–9, 00072–6, 00075–7,
00076–4, 00092–4, 00093–1, 00094–8,
00098–6, 00131–0, 00132–7, 00133–4,
00144–0, 00145–7, 00152–5, 00153–2,
00155–6, 00156–3, 00160–0, 00163–1,
00165–5, 00166–2, 00175–4, 00176–1,
00181–5, 00183–9, 00226–3, 00230–0,
00231–7, 00246–1, 00251–5, 00252–2,
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]]>Agencies
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14519-14521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7232]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-703]
Granular Polytetrafluoroethylene Resin From Italy: Final Results
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 22, 2008, the Department of Commerce published
the preliminary results of the administrative review of the antidumping
duty order on granular polytetrafluoroethylene resin from Italy,
covering the period August 1, 2006, through July 31, 2007. We invited
interested parties to comment on these preliminary results. Based on
our analysis of the comments received and the results of verification,
we have made changes to the margin calculation. The final weighted-
average dumping margin for the reviewed firm is listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: March 31, 2009.
FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Nancy Decker, at (202)
482-3813 or (202) 482-0196, respectively; AD/CVD Operations, Office 1,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14\th\ Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 22, 2008, the Department of Commerce (``Department'')
published the preliminary results of its administrative review of the
antidumping duty order on granular polytetrafluoroethylene (``PTFE'')
resin from Italy. See Amended Notice of Preliminary Results of
Antidumping Duty Administrative Review: Granular
Polytetrafluoroethylene Resin From Italy, 73 FR 54557 (September 22,
2008) (``Preliminary Results'').
From October 13 through October 17, 2008, we verified Solvay
Solexis S.p.A.'s sales response. We issued a report for this
verification on December 11, 2008. See Memorandum from Shane Subler and
Alicia Winston, International Trade Compliance Analysts, to Susan H.
Kuhbach, Director, Office 1, ``Verification of the Sales Response of
Solvay Solexis S.p.A. in the Antidumping Duty Administrative Review of
Granular Polytetrafluoroethylene Resin from Italy,'' (December 11,
2008) (``Home Market Verification Report''). From November 13 through
November 19, 2008, we verified Solvay Solexis S.p.A.'s cost response.
We issued a report for this verification on January 6, 2009. See
Memorandum from Ernest Z. Gziryan, Senior Accountant, to Neal M.
Halper, Director, Office of Accounting, ``Verification of the Cost of
Production and Constructed Value Data Submitted by Solvay Solexis
S.p.A. in the Antidumping Duty Administrative Review of Granular
Polytetrafluoroethylene (``PTFE'') Resin from Italy,'' (January 6,
2009) (``Cost Verification Report''). On October 27 and 28, 2008, we
verified Solvay Solexis, Incorporated's constructed export price
(``CEP'') sales response. See Memorandum from Shane Subler and Alicia
Winston, International Trade Compliance Analysts, to Susan H. Kuhbach,
Director, Office 1, ``Verification of the Sales Response of Solvay
Solexis, Inc. in the Antidumping Duty Administrative Review of Granular
Polytetrafluoroethylene Resin from Italy,'' (January 9, 2009) (``CEP
Verification Report''). In this notice, we refer to the three reports
collectively as the ``Verification Reports.''
We invited parties to comment on the Preliminary Results. On
January 26, 2009, we received case briefs from E.I. DuPont de Nemours &
Company (``the petitioner'') and Solvay Solexis, Inc. and Solvay
Solexis S.p.A. (collectively, ``Solvay''). On January 29, 2009, we
received rebuttal briefs from the petitioner and Solvay. On January 26,
2009, Solvay requested a public hearing; the hearing was held at the
Department of Commerce on February 2, 2009. A record of the February 2,
2009, hearing is available in the Central Records Unit (``CRU''), Room
1117 of the main Department building.
On January 9, 2009, we extended the time limit for the final
results of this administrative review, pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (``the Act''). See Granular
Polytetrafluoroethylene Resin From Italy: Extension of Time Limit for
the Final Results of the Antidumping Duty Administrative Review, 74 FR
885 (January 9, 2009).
Scope of the Order
The product covered by the order is granular PTFE resin, filled or
unfilled. The 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). The order
excludes PTFE dispersions in 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 U.S. Customs and Border Protection (``CBP'') purposes only. The
written description of the scope remains dispositive.
Cost of Production
Consistent with the Preliminary Results, we disregarded home-market
sales by Solvay that failed the cost-of-production test.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (``Decision Memorandum'') from John M. Andersen, Acting
Deputy Assistant Secretary for Import Administration, to Ronald K.
Lorentzen, Acting Assistant Secretary for Import Administration, dated
March 23, 2009, 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 CRU, Room 1117 of the main Department building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Import Administration website at https://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
First, we revised the calculations from the Preliminary Results to
account for minor corrections that Solvay submitted during the home
market and CEP sales verifications. We revised the following fields in
Solvay's home market sales database: packing and indirect selling
expenses. We revised the following fields in Solvay's U.S. market sales
[[Page 14520]]
database: U.S. inland freight from the warehouse to the customer,
indirect selling expenses incurred in the United States, U.S.
warehousing, U.S. brokerage, and packing. For details on the minor
corrections, see page 2 and Exhibit 1 of the Home Market Verification
Report; see also page 2 and Exhibits 1a-1d of the CEP Verification
Report.
Second, we made additional changes to the Preliminary Results
calculations to account for other findings from the sales
verifications. First, we removed two sales to Canada from Solvay's U.S.
sales database. See page 2 of the CEP Verification Report. Second, we
found that Solvay used interest rates on loans from affiliated
companies to calculate imputed credit and inventory carrying expenses
for home market sales and U.S. market sales. See page 2 of the Home
Market Verification Report; see also page 2 of the CEP Verification
Report. Instead, we used interest rates published by the Bank of Italy
for loans to non-financial corporations as an interest rate for the
home market rather than Solvay's rate from affiliated companies. For
the U.S. market, we used short-term interest rates published by the
Federal Reserve for commercial and industrial loans as a surrogate
interest rate. For both markets, we used a single weighted-average of
the monthly interest rates that correspond to the period of review
(``POR'').
Third, based on our analysis of comments from interested parties,
we made the following changes to the cost of production calculation.
First, we used Solvay's fiscal year 2007 financial statements to
calculate general and administrative expenses (``G&A'') and financial
expenses. Second, we calculated the short-term portion of Solvay's
total interest income based on the ratio of current assets to the total
interest income-producing assets of the parent company, Solvay S.A. We
have addressed these two issues in the public decision memorandum that
accompanies this notice. Finally, we made additional revisions to the
calculation of G&A expenses and the total cost of manufacturing.
Comments from parties on these issues contain business proprietary
information, so we have addressed the comments in the Memorandum to the
File from Ernest Gziryan to Neal M. Halper, ``Cost of Production and
Constructed Value Calculation Adjustments for the Final Results Solvay-
Solexis S.p.A.,'' (March 23, 2009).
We have explained the incorporation of all of the changes into the
calculation programs in the Memorandum to the File from Yasmin Nair,
``Final Results Calculation Memorandum for Solvay Solexis, Inc. and
Solvay Solexis S.p.A. for the Nineteenth Administrative Review of
Granular Polytetrafluoroethylene Resin From Italy,'' (March 23, 2009).
Final Results of Review
As a result of our review, we determine that the following
percentage weighted-average margin exists for the period August 1,
2006, through July 31, 2007:
------------------------------------------------------------------------
Weighted-Average Margin
Producer (Percentage)
------------------------------------------------------------------------
Solvay Solexis, Inc. and Solvay Solexis 79.47
S.p.A. (collectively, ``Solvay'')........
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1),
the Department calculates an assessment rate for each importer of the
subject merchandise covered by the review. To determine whether the
duty assessment rates covering the period were de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculated importer (or customer)-specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to that
importer or customer and dividing this amount by the total value of the
sales to that importer (or customer). Where an importer (or customer)-
specific ad valorem rate was greater than de minimis, and the
respondent has reported reliable entered values, we applied the
assessment rate to the entered value of the importer's/customer's
entries during the review period. Where an importer (or customer)-
specific ad valorem rate was greater than de minimis and we did not
have reliable entered values, we calculated a per-unit assessment rate
by aggregating the dumping duties due for all U.S. sales to each
importer (or customer) and dividing this amount by the total quantity
sold to that importer (or customer). The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this 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 id.
Cash Deposit Requirements
The following deposit rates will be effective upon publication of
the final results of this administrative review for all shipments of
PTFE from Italy entered, or withdrawn from warehouse, for consumption
on or after the publication date, as provided by section 751(a)(1) of
the Act: (1) the cash deposit rate listed above for Solvay will be the
rate established in the final results of this review, except if a rate
is less than 0.5 percent, and therefore de minimis, the cash deposit
rate will be zero; (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 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; and (4) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous review conducted by the Department, the cash deposit rate
will be 46.46 percent, the ``all others'' rate established in the LTFV
investigation. See Final Determination of Sales at Less Than Fair
Value: Granular Polytetrafluoroethylene Resin From Italy, 53 FR 26096
(July 11, 1988). These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR
[[Page 14521]]
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.
Notification to Interested Parties
This notice is also the 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: March 23, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Decision Memorandum
Comment 1: Differences Between Statutory Financial Statements and
Financial Statements Prepared According to International Financial
Reporting Standards
Comment 2: Financial Statements for G&A and Financial Expenses
Comment 3: Goodwill Amortization
Comment 4: Research and Development Expenses and Certain G&A Expenses
Comment 5: Major Inputs
Comment 6: Adjustments to the Cost of Manufacturing
Comment 7: Financial Expenses
Comment 8: Solvay's Use of Polymist[reg] in Producing In-Scope Products
Comment 9: Non-U.S. Sales
Comment 10: Treatment of Negative Dumping Margins (Zeroing)
[FR Doc. E9-7232 Filed 3-30-09; 8:45 am]
BILLING CODE 3510-DS-S
