[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Notices]
[Pages 64243-64244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18405]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-707]


Granular Polytetrafluoroethylene Resin From Japan: Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 11, 2006, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on granular polytetrafluoroethylene resin from Japan. The 
review covers one manufacturer/exporter. The period of review is August 
1, 2004, through July 31, 2005.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received, we 
have made changes in the margin calculations. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of the Review.''

EFFECTIVE DATE: November 1, 2006.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Richard 
Rimlinger, AD/CVD Operations, Office 5, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-1757 or (202) 482-4477.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 2006, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on granular polytetrafluoroethylene resin (PTFE) 
from Japan. See Granular Polytetrafluoroethylene Resin From Japan: 
Preliminary Results of Antidumping Duty Administrative Review, 71 FR 
27459 (May 11, 2006). The period of review is August 1, 2004, through 
July 31, 2005. The company for which we are conducting the 
administrative review is Asahi Glass Fluoropolymers, Ltd. (Asahi).
    We invited interested parties to comment on the preliminary 
results. We received comments from Asahi. The petitioner in this case 
did not comment. Asahi also submitted an untimely request for a hearing 
which we denied. The Department has conducted this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

Scope of Order

    The merchandise covered by the antidumping duty order is PTFE, 
filled or unfilled. The order excludes PTFE dispersions in water, fine 
powders, and reprocessed PTFE powder. PTFE is currently classifiable 
under subheading 3904.61.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). This order covers all PTFE, regardless of its 
tariff classification. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the order 
remains dispositive.

Analysis of the Comments Received

    All issues raised in the case brief submitted by Asahi in the 
context of this administrative review are addressed in the ``Issues and 
Decision Memorandum'' (Decision Memo) from Stephen J. Claeys, Deputy 
Assistant Secretary, to David M. Spooner, Assistant Secretary, dated 
October 23,

[[Page 64244]]

2006, which is hereby adopted by this notice. A list of the issues 
which the respondent raised and to which we have responded is in the 
Decision Memo and attached to this notice as an Appendix. The Decision 
Memo, which is a public document, is on file in the Central Records 
Unit, main Commerce building, Room B-099, and is accessible on the Web 
at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic 
version of the Decision Memo are identical in content.

Changes from the Preliminary Results

    Based on our analysis of the comments we received from Asahi, we 
find that Asahi's two home-market channels of distribution constitute 
one level of trade. Our analysis on the level of trade is discussed in 
detail in the Decision Memo. We made no other changes to our analysis.

Final Results of the Review

    As a result of our review, we determine that a margin of 0.00 
percent exists for Asahi for the period August 1, 2004, through July 
31, 2005.

Assessment Rate

    The Department will determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. We intend to issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review. In accordance with 19 CFR 351.212(b)(1), we have calculated an 
importer-specific assessment rate of 0.00 percent. We will direct CBP 
to liquidate the appropriate entries at this rate. See 19 CFR 
351.212(b)(1).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment-Policy Notice). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by Asahi for which Asahi did not know that 
the merchandise it sold to an intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
91.74 percent all-others rate if there is no rate for the intermediary 
involved in the transaction. See the Assessment-Policy Notice for a 
full discussion of this clarification.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, consistent with section 751(a)(1) of the Act: (1) the 
cash-deposit rate for Asahi will be 0.00 percent; (2) for previously 
reviewed or investigated companies not listed above, the cash-deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (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 period for the manufacturer of 
the merchandise; (4) if neither the exporter nor the producer is a firm 
covered in this review, a prior review, or the LTFV investigation, the 
cash-deposit rate shall be 91.74 percent, the all-others rate 
established in the LTFV investigation. See Notice of Final 
Determination of Sales at Less Than Fair Value: Granular 
Polytetrafluoroethylene Resin From Japan, 53 FR 25191 (July 5, 1988). 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.
    This notice serves as a 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 the review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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(a)(3). Timely notification of the 
return or 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 in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: October 23, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.

Appendix

Comments and Responses

Level of Trade
[FR Doc. E6-18405 Filed 10-31-06; 8:45 am]
BILLING CODE 3510-DS-S