[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Notices]
[Pages 1960-1961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-970]


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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.

SUMMARY: On September 10, 2001, the Department of Commerce (the 
Department) published the preliminary results of its twelfth 
administrative review of the antidumping duty order on Granular 
Polytetrafluoroethylene Resin from Italy. The review covers one 
producer/exporter of the subject merchandise, Ausimont SpA, and its 
U.S. affiliate, Ausimont USA (Ausimont). The period of review (POR) is 
August 1, 1999, through July 31, 2000. Based on our analysis of 
comments received, these final results differ from the preliminary 
results. The final results are listed below in the Final Results of 
Review section.

EFFECTIVE DATE: January 15, 2002.

FOR FURTHER INFORMATION CONTACT: Vicki Schepker or Amber Musser, at 
(202) 482-1756 or (202) 482-1777, respectively; AD/CVD Enforcement, 
Office V, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless

[[Page 1961]]

otherwise indicated, all citations to the Department's regulations are 
to 19 CFR part 351 (April 2001).

Background

    On September 10, 2001, the Department published in the Federal 
Register the preliminary results of the twelfth administrative review 
of the antidumping duty order on Granular Polytetrafluoroethylene Resin 
from Italy. See Notice of Preliminary Results of Antidumping Duty 
Administrative Review: Granular Polytetrafluoroethylene Resin from 
Italy, 66 FR 46996 (September 10, 2001) (Preliminary Results).
    We invited parties to comment on the Preliminary Results. On 
October 10, 2001, we received a case brief from the petitioner, E.I. 
Dupont de Nemours & Company (Dupont). We did not receive a case brief 
from the respondent, Ausimont. On October 17, 2001, we received a 
rebuttal brief from Ausimont. No other interested parties filed case or 
rebuttal briefs.

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 Final Affirmative Determination; 
Granular Polytetrafluoroethylene Resin from Italy, 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 (HTS). We are providing this HTS number 
for convenience and U.S. Customs purposes only. The written description 
of the scope remains dispositive.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Bernard T. Carreau, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated January 8, 2002, 
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 the public version of this memorandum, 
which is on file in Room B-099 of the main Commerce building. In 
addition, a complete version of the public version of the Decision 
Memorandum can be accessed directly on the Web at ia.ita.doc.gov. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Determination

    Based on our analysis of comments received, we have made an 
adjustment to the calculation methodology in determining the final 
dumping margins in the proceeding. For the final determination, we 
disallowed gains on the sale of securities as an offset to financial 
expense and recalculated the respondent's interest expense ratio. This 
adjustment is discussed in the Decision Memorandum.
    As a result of our review, we determine that the following 
weighted-average margin exists for the period of August 1, 1999, 
through July 31, 2000:

------------------------------------------------------------------------
                                                    Weighted-     Margin
              Exporter/Manufacturer                  Average    Percentage
-------------------------------------------------------------- ------------
Ausimont SpA.....................................         2.15
------------------------------------------------------------------------

    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 based on the ratio of the total amount of antidumping 
duties calculated for the importer-specific sales to the total entered 
value of the same sales. Where the assessment rate is above de minimis, 
we will instruct the Customs Service to assess duties on all entries of 
subject merchandise by that importer. The Department will issue 
appraisement instructions directly to the Customs Service.
    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 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 (53 FR 26096, July 11, 1988). 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 under 19 CFR 351.402 (f) 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 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: January 8, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

APPENDIX

1. Financial Expense Calculation.
2. Application of the Special Rule.
3. Calculation of Constructed Export Price Profit Ratio.
4. Scope of the Review.

[FR Doc. 02-970 Filed 1-14-02; 8:45 am]
BILLING CODE 3510-DS-P