[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Notices]
[Pages 54993-54994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23392]


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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: September 12, 2000.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Charles Riggle, Group 
II, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4162, (202) 482-0650, respectively.

The 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). In addition, unless otherwise 
indicated, all citations to the Department of Commerce (the Department) 
regulations refer to the regulations codified at 19 CFR Part 351 (April 
1999).

SUMMARY: On May 10, 2000, the Department of Commerce published the 
preliminary results of its administrative review of the antidumping 
duty order on granular polytetrafluoroethylene resin (PTFE resin) from 
Italy. This review covers one producer/exporter of subject merchandise. 
The period of review (POR) is August 1, 1998, through July 31, 1999. 
Based on our analysis of comments received, these final results differ 
from the preliminary results. The final results are listed below in the 
section ``Final Results of Review.''

SUPPLEMENTARY INFORMATION:

Background

    This review covers sales of PTFE resin made during the POR by 
Ausimont SpA/Ausimont USA (Ausimont). On May 10, 2000, the Department 
published the preliminary results of this review. See Notice of 
Preliminary Results of Antidumping Duty Administrative Review: 
Polytetrafluoroethylene Resin from Italy, 65 FR 30064 (May 10, 2000) 
(Preliminary Results). We invited parties to comment on the Preliminary 
Results. On June 12, 2000, we received case briefs from Ausimont and 
the petitioner, E.I. DuPont de Nemours & Company (DuPont). On June 19, 
2000, we received rebuttal briefs from Ausimont and DuPont.

Scope of the Review

    The product covered by this review 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, the subject merchandise was classified under 
item number 3904.61.00 of the Harmonized Tariff Schedule of the United 
States (HTS). We are providing this HTS number for convenience and 
Customs purposes only. The written description of the scope remains 
dispositive.

Fair Value Comparisons

    We calculated constructed export price (CEP) and normal value (NV) 
based on the same methodology used in the preliminary results, except 
for corrections to the calculation of CEP profit. See our response to 
Comment 2 in the September 5, 2000, memorandum: Issues and Decision 
Memorandum for the Final Results in the 1998/1999 Antidumping Duty 
Administrative Review of Granular Polytetrafluoroethylene Resin from 
Italy (Decision Memorandum), as well as the September 5, 2000, Analysis 
Memorandum for Ausimont S.p.A.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the September 5, 2000, 
Decision Memorandum, 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

[[Page 54994]]

Memorandum. 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 Room B-099 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at www.ia.ita.doc. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

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, 
1998, through July 31, 1999:

------------------------------------------------------------------------
                                                                Margin
         Manufacturer/exporter                  Period         (percent)
------------------------------------------------------------------------
Ausimont S.p.A.........................    08/01/98-07/31/99        0.72
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service 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. We will 
direct the Customs Service to assess antidumping duties by applying the 
assessment rate to the entered value of the merchandise.
    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 Act: (1) For Ausimont, the cash deposit rate will be the rate 
listed above; (2) for merchandise exported by manufacturers 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 manufacturer 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 manufacturer is, the cash deposit rate will be that 
established for the manufacturer of the merchandise in these final 
results of review or in the most recent final results in which that 
manufacturer participated; and (4) if neither the exporter nor the 
manufacturer 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 (50 FR 26019, June 24, 1985). These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility 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.
    This notice also is the only 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 353.34(d). 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. This determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix

    List of Comments in the Issues and Decision Memorandum:
    1. Application of the Special Rule for Value Added Merchandise; 
and
    2. CEP Profit Calculation.

[FR Doc. 00-23392 Filed 9-11-00; 8:45 am]
BILLING CODE 3510-DS-P