[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Notices]
[Pages 11981-11982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5507]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-805]


Extruded Rubber Thread From Malaysia; Final Results of 
Antidumping Duty Sunset Review

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

ACTION: Notice of final results of antidumping duty sunset review.

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SUMMARY: On August 2, 1999, the Department of Commerce published the 
notice of initiation of sunset review of the antidumping duty order on 
extruded rubber thread from Malaysia (64 FR 41915). The merchandise 
covered by this order is extruded rubber thread from Malaysia. Extruded 
rubber thread is defined as vulcanized rubber thread obtained by 
extrusion of stable or concentrated natural rubber latex of any cross 
sectional shape, measuring from 0.18 mm, which is 0.007 inch or 140 
gauge, to 1.42 mm, which is 0.056 inch or 18 gauge, in diameter. On the 
basis of a notice of intent to participate and adequate substantive 
response filed on behalf of a domestic interested party, and inadequate 
response (in this case no response) from respondent interested parties, 
we determined to conduct an expedited sunset review. As a result of 
this review, we find that revocation of the antidumping duty order 
would be likely to lead to continuation or

[[Page 11982]]

recurrence of dumping at the levels listed below in the section 
entitled ``Final Results of the Review.''

EFFECTIVE DATE: March 7, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, D.C. 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review was conducted pursuant to sections 751(c) and 752 of 
the Tariff Act of 1930, as amended (``the Act''). The Department's 
procedures for the conduct of sunset reviews set forth in Procedures 
for Conducting Five-year (``Sunset'') Reviews of Antidumping and 
Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) (``Sunset 
Regulations'') and 19 CFR Part 351 (1999) in general. Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department's Policy 
Bulletin 98:3--Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Background

    On August 2, 1999, the Department initiated the sunset review of 
the antidumping duty order on extruded rubber thread from Malaysia (64 
FR 41915). We invited parties to comment. On the basis of a notice of 
intent to participate and adequate substantive response filed on behalf 
of a domestic interested party, and inadequate response (in this case 
no response) from respondent interested parties, we determined to 
conduct an expedited sunset review. The Department has conducted this 
sunset review in accordance with sections 751 and 752 of the Act.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). This review concerns a transition order within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Therefore, on December 3, 1999 the 
Department determined that the sunset review of the antidumping duty 
order on extruded rubber thread from Malaysia is extraordinarily 
complicated and extended the time limit for completion of the final 
results of this review until not later than February 28, 2000, in 
accordance with section 751(c)(5)(B) of the Act.\1\
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    \1\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 64 FR 67847 (December 3, 1999).
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Scope of Review

    The product covered by this review is extruded rubber thread from 
Malaysia. Extruded rubber thread is defined as vulcanized rubber thread 
obtained by extrusion of stable or concentrated natural rubber latex of 
any cross sectional shape, measuring from 0.18 mm, which is 0.007 inch 
or 140 gauge, to 1.42 mm, which is 0.056 inch or 18 gauge, in diameter. 
Extruded rubber thread is currently classifiable under subheading 
4007.00.00 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). The HTSUS subheadings are provided for convenience and 
customs purposes. The written description of the scope of this 
proceeding is dispositive.
    The antidumping duty order of the subject merchandise remains in 
effect for all producers and exporters of extruded rubber thread from 
Malaysia.

Analysis of Comments Received

    All issues raised in the case by parties to this sunset review are 
addressed in the ``Issues and Decision Memorandum'' (``Decision Memo'') 
from Jeffrey A. May, Director, Office of Policy, Import Administration, 
to Robert S. LaRussa, Assistant Secretary for Import Administration, 
dated February 28, 2000, which is hereby adopted and incorporated by 
reference into this notice. The issues discussed in the attached 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. Parties can find a complete discussion of all issues 
raised in this review and the corresponding recommendations in this 
public memorandum which is on file in B-099.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/records/
frn/, under the heading ``Malaysia''. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporter                      (percent)
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Heveafil/Filmax Schn. Bhd....................................     108.62
Rubberflex Sdn. Bhd..........................................      20.36
Filati Lastex Elastofibre (Malaysia).........................     105.78
Rubfil Sdn. Bhd..............................................     108.62
All Others...................................................      15.16
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    In addition, in the 1995-1996 administrative review, the Department 
found that the four companies identified above absorbed duties on the 
following percentage of their U.S. sales: Heaveafil--100 percent, 
Rubberflex--57.35 percent, Filati--100 percent, and Rubfil--100 
percent.
    This notice also serves as the only 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 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.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(c), 752, and 777(i) of the Act.

    Dated: February 28, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-5507 Filed 3-6-00; 8:45 am]
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