[Federal Register: November 26, 2007 (Volume 72, Number 226)]
[Notices]
[Page 65939-65940]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no07-17]
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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: November 26, 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, 2005, through July 31, 2006. The review covers one producer/
exporter of the subject merchandise, Solvay Solexis, Inc. and Solvay
Solexis S.p.A. (collectively, Solvay Solexis). Based on our analysis of
the comments received, we have made no changes in the margin
calculation for these final results.
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, 14\th\ Street &
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2006, the Department published the notice of
initiation of this antidumping duty administrative review, covering the
period August 1, 2005, through July 31, 2006 (the period of review, or
POR). See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 71 FR 57465 (September 29, 2006).
On July 20, 2007, 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, 72 FR 39790 (July 20, 2007) (Preliminary Results). We invited
parties to comment on the Preliminary Results. On September 5, 2007, we
received a case brief from Solvay Solexis. On September 11, 2007, we
received a rebuttal brief from the petitioner.\1\
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\1\ The petitioner is E.I. DuPont de Nemours & Company (DuPont).
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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 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.
[[Page 65940]]
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 Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration, dated November 15, 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 Import Administration website at
ia.ita.doc.gov\frn. The paper copy and the electronic version of the
Decision Memorandum are identical in content. Because the margin
calculation for Solvay Solexis has not changed from the preliminary
results, the preliminary calculations placed on the record of this
administrative review are adopted as the final margin calculations.
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, 2005,
through July 31, 2006:
------------------------------------------------------------------------
Weighted-
Producer Average Margin
(Percentage)
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Solvay Solexis, Inc. and Solvay Solexis S.p.A 35.35
(collectively, Solvay Solexis)........................
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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).
Cash Deposit Requirements
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 further notice.
Notification to Importers
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.
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: November 15, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Calculation of Solvay Solexis' General and Administrative
(G&A) Expense Ratio
Comment 2: Offsets for Non-Dumped Sales
[FR Doc. E7-22968 Filed 11-23-07; 8:45 am]
BILLING CODE 3510-DS-S