[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24510-24511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2237]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A 588-707]


Granular Polytetrafluoroethylene Resin from Japan: Notice of 
Intent to Rescind Antidumping Duty Administrative Review

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

[[Page 24511]]

SUMMARY: On September 22, 2004, the Department of Commerce published a 
notice of initiation of an administrative review of the antidumping 
duty order on granular polytetrafluoroetheylene resin from Japan for 
the period August 1, 2003, through July 31, 2004. The Department 
intends to rescind this review after determining that the party 
requesting the review did not have entries during the period of review 
upon which to assess antidumping duties.

EFFECTIVE DATE: May 10, 2005.

FOR FURTHER INFORMATION CONTACT: Dunyako Ahmadu at (202) 482-0198 or 
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 28, 1988, the Department of Commerce (the Department) 
published the antidumping duty order for granular 
polytetrafluroetheylene (PTFE) resin from Japan. See Antidumping Duty 
Order; Granular Polytetrafluoroethylene Resin from Japan, 53 FR 32267 
(August 28, 1988). On August 3, 2004, we published a notice of 
opportunity to request an administrative review of this order for the 
period August 1, 2003, through July 31, 2004. See Notice of Opportunity 
to Request Administrative Review of Antidumping Duty Order, Finding or 
Suspended Investigation, 69 FR 46496 (August 3, 2004). On August 30, 
2004, Asahi Glass Fluoropolymers Ltd., a Japanese producer and exporter 
of the subject merchandise, and AGC Chemicals America, an affiliated 
U.S. importer of subject merchandise (collectively AGC), made a timely 
request that the Department conduct an administrative review of AGC. On 
September 22, 2004, in accordance with section 751(a) of the Tariff Act 
of 1930 as amended (the Act), the Department published in the Federal 
Register a notice of initiation of this antidumping duty administrative 
review. See Notice of Initiation of Antidumping Duty and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 69 FR 
56745 (September 22, 2004). On October 8, 2004, the Department issued 
its antidumping duty questionnaire to AGC.
    On November 2, 2004, AGC submitted a letter to the Department 
indicating that it did not have any shipments or entries of subject 
merchandise during the period of review but had one U.S. sale of PTFE 
resin during the period of review. As a result, on November 29, 2004, 
the Department issued a memorandum recommending rescission of the 2003-
2004 administrative review and invited interested parties to comment. 
See Memorandum to Barbara E. Tillman, Acting Deputy Assistant Secretary 
dated November 29, 2004, (November 29 Memorandum). On December 10, 
2004, AGC submitted comments in disagreement with the recommendation in 
the November 29 Memorandum. AGC argued that the Department does not 
have an established practice of conditioning an administrative review 
on the existence of entries during the period of review and that the 
Department's interpretation of 19 CFR 351.213(e) in this instance is 
inconsistent with the plain meaning of the regulation. AGC also argued 
that because no review of AGC's sales has occurred since the imposition 
of the antidumping duty order on August 28, 1988, the 2003-2004 
administrative review would determine a more accurate deposit rate and, 
therefore, the Department should not rescind the administrative review.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), we will rescind an administrative 
review in whole or only with respect to a particular exporter or 
producer if we conclude that during the period of review there were no 
entries, exports, or sales of the subject merchandise, as the case may 
be. Contrary to AGC's position that rescission of the 2003-2004 
administrative review would not be in accordance with law and that the 
Department does not have an established practice of rescinding an 
administrative review based solely on the absence of entries, the 
Department's practice, supported by substantial precedent, requires 
that there be entries during the period of review upon which to assess 
antidumping duties, irrespective of the export-price or constructed 
export-price designation of U.S. sales. See, e.g., Stainless Steel 
Plate in Coils from Taiwan: Final Rescission of Antidumping Duty 
Administrative Review, 68 FR 63067 (November 7, 2003), and Stainless 
Steel Plate in Coils From Taiwan: Final Rescission of Antidumping Duty 
Administrative Review, 69 FR 20859 (April 19, 2004). Given that AGC had 
no entries of subject merchandise during the period of review and that 
AGC has no entry under suspension of liquidation that corresponds to 
the sale which occurred during the period of review, we would be unable 
to assess any antidumping duties resulting from this administrative 
review. See November 29 Memorandum. Accordingly, we intend to rescind 
the 2003-2004 administrative review.

Public Comment

    Any interested party may request a hearing within 20 days of 
publication of this notice. Any hearing, if requested, will be held 34 
days after the date of publication of this notice, or the first working 
day thereafter. Interested parties may submit case briefs not later 
than 20 days after the date of publication of this notice. Rebuttal 
briefs, which must be limited to issues raised in such briefs, must be 
filed not later than 7 days from the case brief after the date of 
publication of this notice. Parties who submit arguments are requested 
to submit with the argument (1) a statement of the issue, (2) a brief 
summary of the argument, and (3) a table of authorities. We will issue 
our final decision concerning the conduct of the review no later than 
120 days from the date of publication of this notice.
    Further, absent the completion of the 2003-2004 administrative 
review, the cash-deposit rate will remain at 51.45 percent and the all 
other rate will continue to be 91.74 percent (see Final Determination 
of Sales at Less Than Fair Value, 53 FR 25191 (July 5, 1988)).
    This notice is published in accordance with section 777(i) of the 
Act and 19 CFR 351.213(d)(4).

    Dated: May 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2237 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S