[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Notices]
[Pages 1980-1981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-551]


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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: January 17, 2007.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on granular 
polytetrafluoroethylene (PTFE) resin from Italy, covering the period 
August 1, 2004, through July 31, 2005. The review covers one producer/
exporter of the subject merchandise, Solvay Solexis, Inc. and Solvay 
Solexis S.p.A. (collectively, Solvay). 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.

FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala, at (202) 482-1784; 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2005, the Department published the notice of 
initiation of this antidumping duty administrative review, covering the 
period August 1, 2004, through July 31, 2005 (the period of review, or 
POR). See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 70 FR 56631.
    On September 11, 2006, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
Granular PTFE Resin from Italy. See Notice of Preliminary Results of 
Antidumping Duty Administrative Review: Granular 
Polytetrafluoroethylene Resin From Italy, 71 FR 53400 (Preliminary 
Results). We invited parties to comment on the Preliminary Results. On 
October 11, 2006, we received a case brief from Solvay. On October 17, 
2006, we received a rebuttal brief from the petitioner.\1\ 
Additionally, on September 15, 2006, the Department issued a section E 
supplemental questionnaire to Solvay. Solvay submitted its response to 
this questionnaire on October 6, 2006. On October 31, 2006, and 
November 6, 2006, the Department issued letters to all interested 
parties stating that it would accept comments and rebuttals, 
respectively, to remark upon issues strictly related to Solvay's 
October 6, 2006, response to the section E supplemental questionnaire. 
No parties submitted comments on Solvay's section E supplemental 
response.
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    \1\ The petitioner is E.I. DuPont de Nemours & Company (DuPont).
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Scope of the Review

    The product covered by this order 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

[[Page 1981]]

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 (HTSUS). We are 
providing this HTSUS number for convenience and Customs and Border 
Protection (CBP) purposes only. The written description of the scope 
remains dispositive.

Analysis of Comments Received

    All issues addressed in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated January 9, 2007, 
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 this memorandum, which is on file in 
the Central Records Unit (CRU), Room B-099 of the main Department 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at ia.ita.doc.gov\frn. The paper 
copy and the electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made the following 
adjustments to the calculation methodology in determining the final 
dumping margins in the proceeding:
 We revised Solvay's U.S. warehousing expenses. See Comment 2 
of the Decision Memorandum.
 We used the section E data reported by Solvay to the 
Department on October 6, 2006.
    These adjustments are discussed in the Decision Memorandum and in 
the Memorandum to Julie Santoboni from Salim Bhabhrawala Re: 2004-2005 
Administrative Review of the Antidumping Duty Order on Granular 
Polytetrafluoroethylene Resin from Italy Final Results Sales 
Calculation Memorandum - Solvay Solexis, Inc. and Solvay Solexis S.p.A. 
(Calculation Memorandum).

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of August 1, 2004, 
through July 31, 2005:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
Solvay Solexis, Inc.................................               39.13
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the CBP 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. Where the importer-
specific assessment rate is above de minimis we will instruct CBP to 
assess antidumping duties on that importer's entries of subject 
merchandise. The Department intends to issue appropriate instructions 
to CBP 15 days after the publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by the respondent for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    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 Tariff Act of 1930, as amended (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. 
See Final Determination of Sales at Less Than Fair Value: Granular 
Polytetrafluoroethylene Resin From Italy, 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)(2) 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 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

Comment 1: Calculation of Solvay's General and Administrative (G&A) 
Expense Ratio
Comment 2: Clerical Error Allegation
[FR Doc. E7-551 Filed 1-16-07; 8:45 am]
BILLING CODE 3510-DS-S