[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Notices]
[Pages 40912-40913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15102]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-803]


Notice of Final Results and Partial Recission of Antidumping Duty 
AdministrativeReview: Extruded Rubber Thread From Indonesia

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

ACTION: Notice of Final Results and Partial Rescission of Antidumping 
Duty Administrative Review.

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SUMMARY: We determine that sales of the subject merchandise have not 
been made below normal value (``NV'').

EFFECTIVE DATE: June 14, 2002.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Lyman Armstrong, AD/
CVD Enforcement, Office VI, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-3965 or (202) 482-3601, respectively.

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 
otherwise indicated, all citations to the Department of Commerce (``the 
Department'') regulations are to 19 CFR Part 351 (April 2001).

Case History

    On February 7, 2002, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
extruded rubber thread from Indonesia. See Notice of Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review: Extruded Rubber Thread from Indonesia, 67 FR 5786 
(``Preliminary Results''). As discussed in the preliminary results, 
this review covers shipments by P.T. Swasthi Parama Mulya 
(``Swasthi''), during the period of review (``POR'') May 1, 2000 
through April 30, 2001. We invited parties to comment on our 
preliminary results of review. In response to the Department's 
invitation to comment on the preliminary results of this review, 
Swasthi, a respondent in the case, submitted a letter stating that it 
would not file any comments regarding the preliminary results unless in 
response to other comments filed by other interested parties. See 
Letter from Swasthi to the Department of Commerce (February 28, 2002). 
Interested parties did not submit case briefs nor did they request a 
hearing. There have been no changes since the preliminary results.

Scope of the Review

    For purposes of this review, the product covered is extruded rubber 
thread (``ERT'') from Indonesia. ERT 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 inches or 140 gauge, to 1.42 mm, which is 0.056 inch or 18 gauge, 
in diameter.
    ERT is currently classified under subheading 4007.00.00 of the 
Harmonized Tariff Schedule (HTS). Although the HTS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of this review is dispositive.

Partial Rescission

    We originally initiated a review of two companies: Swasthi and 
Filati Lastex Sdn. Bhd. (``Filati''), (see Notice of Initiation of 
Antidumping Duty Administrative Review, 66 FR 32934 (June 19, 2001)). 
However, as noted in the preliminary results, Filati withdrew its 
request and there were no additional requests for a review of Filati 
from any other interested party. We received no comments concerning 
Filati for the final results. Therefore, in accordance with 19 CFR 
351.213(d)(3) and consistent with Department practice, we are 
rescinding our review of Filati (see, e.g., Certain Welded Carbon Steel 
Pipe and Tube from Turkey: Final Results and Partial Rescission of 
Antidumping Administrative Review, 63 FR 35190, 35191, (June 29, 1998); 
see also, Certain Fresh Cut Flowers From Colombia; Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 62 FR 
53287, 53288 (October 14, 1997)).

Price Comparisons

    We calculated export price and NV based on the same methodology 
described in the Preliminary Results.

Analysis of Comments Received

    We gave interested parties an opportunity to comment on the 
Preliminary Results. As noted above, we received no comments from any 
party.

[[Page 40913]]

Final Results of Review

    As a result of our review, we determine that Swasthi had a zero 
weighted-average margin for the period May 1, 2000 through April 30, 
2001.

Assessment Rate

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. Pursuant to 19 CFR 
351.212(b), the Department calculated an assessment rate for each 
importer of the subject merchandise. For assessment purposes, we 
calculated importer-specific assessment rates for the subject 
merchandise by aggregating the dumping margins for all U.S. sales to 
each importer and dividing the amount by the total entered value of the 
sales to that importer. Where the importer-specific assessment rate is 
above de minimis we will instruct Customs to assess antidumping duties 
on that importer's entries of subject merchandise.

Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
the final results of this administrative review for all shipments of 
ERT from Indonesia entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Swasthi will be 
zero; (2) for previously reviewed or investigated companies, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent final results in which that manufacturer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
(``LTFV'') investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent final results for 
the manufacturer of the merchandise; and (4) if neither the exporter 
nor the manufacturer is a firm covered in this or any previous review 
conducted by the Department, the cash deposit rate will be 24.00 
percent, the ``All Others'' rate established in the LTFV investigation. 
See Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Extruded Rubber Thread From 
Indonesia, 64 FR 27755 (May 21, 1999).
    These cash deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402 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 the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of 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 pursuant to sections 
751(a) and 777(i) of the Act.

    Dated: June 3, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-15102 Filed 6-13-02; 8:45 am]
BILLING CODE 3510-DS-S