[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Notices]
[Pages 25703-25704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10928]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-805]


Extruded Rubber Thread From Malaysia: Notice of Amended Final 
Results of Administrative Review in Accordance With Final Court 
Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review in accordance with final court decision on 
extruded rubber thread from Malaysia.

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SUMMARY: On November 24, 1999, the U.S. Court of International Trade 
(``the Court'') affirmed the Department of Commerce's (``the 
Department's'') remand determination of the final results of the third 
(1994-1995) antidumping duty administrative review of extruded rubber 
thread from Malaysia. No party has appealed this determination. As 
there is now a final and conclusive court decision in this action, we 
are amending our final results.

EFFECTIVE DATE: May 3, 2000.

FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone: (202) 482-6320 and (202) 482-3814, respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA'').

SUPPLEMENTARY INFORMATION:

Background

    On June 20, 1997, the Department published Extruded Rubber Thread 
From Malaysia, Final Results of Antidumping Duty Administrative Review, 
62 FR 33588 (June 20, 1997) (``Final Results''), covering the period 
October 1, 1994 through September 30, 1995. Subsequent to the 
publication of the Department's Final Results, the respondents 
(Heveafil Sdn. Bhd., Rubberflex Sdn. Bhd., Rubfil Sdn. Bhd., and Filati 
Lastex Elastofibre (Malaysia)) appealed the Final Results to the Court.
    Based on these challenges the Court remanded the Final Results. See 
Heveafil Sdn. Bhd., Rubberflex Sdn. Bhd., Rubfil Sdn. Bhd., and Filati 
Lastex Elastofibre (Malaysia) v. the United States, Slip Op. 99-69 
(July 23, 1999). On remand, the Court instructed the Department to (1) 
repeat the verification of Rubberflex Sdn. Bhd. (``Rubberflex''); (2) 
correct the double-counting of general and administrative (``G&A'') and 
indirect selling expenses in the calculation of constructed value 
(``CV'') for Rubfil Sdn. Bhd. (``Rubfil''); and (3) eliminate the 
double-counting of marine insurance for Filati Lastex Elastrofibre 
(``Filati'') in the calculation of Filati's dumping margin.
    As a result of settlement negotiations, Rubberflex entered into an 
agreement with the Department to settle the litigation and to dismiss 
its claim with respect to the lawsuit. On October 22, 1999, the 
Department filed its remand determination with the Court, addressing 
issues related to the remaining plaintiffs. In its determination, the 
Department corrected for the double-counting of G&A and indirect 
selling expenses in the calculation of CV for Rubfil. The Department 
also corrected for the double-counting of marine insurance in Filati's 
margin calculation program.
    As noted above, on November 24, 1999, the Court affirmed the 
Department's remand results and no appeal was filed. As there is now a 
final and conclusive court decision in this action, we are amending our 
Final Results of review in this matter and we will instruct the U.S. 
Customs Service

[[Page 25704]]

(``Customs'') to liquidate entries subject to this review in accordance 
with the remand results. Because the Department has published 
subsequent administrative reviews covering later time periods, future 
cash deposit rates will be governed by the most recently completed 
administrative review, according to the Department's normal procedures. 
See Extruded Rubber Thread From Malaysia; Final Results of Antidumping 
Duty Administrative Review, 65 FR 6140 (February 8, 2000).

Amended Final Results

    Pursuant to section 516A(e) of the Act, we are now amending the 
Final Results. As a result of our recalculation of the margins, the 
final weighted-average margins for Rubfil and Filati have changed. 
Further, as a result of the settlement agreement, the final weighed-
average margin for Rubberflex has changed. The final weighted-average 
margins for the above period of review are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
               Producer/manufacturer/exporter                   margin
                                                               (percent)
------------------------------------------------------------------------
Rubfil Sdn. Bhd.............................................       36.14
Filati Lastex Elastofibre (Malyasia)........................        7.74
Rubberflex..................................................       10.00
------------------------------------------------------------------------

    The Department will determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions to Customs after publication of this 
amended final results of review.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 24, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-10928 Filed 5-2-00; 8:45 am]
BILLING CODE 3510-DS-P