[Federal Register Volume 72, Number 226 (Monday, November 26, 2007)]
[Notices]
[Pages 65939-65940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22968]


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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: November 26, 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, 2005, through July 31, 2006. The review covers one producer/
exporter of the subject merchandise, Solvay Solexis, Inc. and Solvay 
Solexis S.p.A. (collectively, Solvay Solexis). Based on our analysis of 
the comments received, we have made no changes in the margin 
calculation for these final results.

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, 14\th\ Street & 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2006, the Department published the notice of 
initiation of this antidumping duty administrative review, covering the 
period August 1, 2005, through July 31, 2006 (the period of review, or 
POR). See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 71 FR 57465 (September 29, 2006).
    On July 20, 2007, 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, 72 FR 39790 (July 20, 2007) (Preliminary Results). We invited 
parties to comment on the Preliminary Results. On September 5, 2007, we 
received a case brief from Solvay Solexis. On September 11, 2007, we 
received a rebuttal brief from the petitioner.\1\
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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 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.

[[Page 65940]]

Analysis of Comments Received

    All issues raised 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 November 15, 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 Import Administration website at 
ia.ita.doc.gov\frn. The paper copy and the electronic version of the 
Decision Memorandum are identical in content. Because the margin 
calculation for Solvay Solexis has not changed from the preliminary 
results, the preliminary calculations placed on the record of this 
administrative review are adopted as the final margin calculations.

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, 2005, 
through July 31, 2006:

------------------------------------------------------------------------
                                                            Weighted-
                        Producer                          Average Margin
                                                           (Percentage)
------------------------------------------------------------------------
Solvay Solexis, Inc. and Solvay Solexis S.p.A                    35.35
 (collectively, Solvay Solexis)........................
------------------------------------------------------------------------

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).

Cash Deposit Requirements

    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 further notice.

Notification to Importers

    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.

Notification to Interested Parties

    This notice is also the 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: November 15, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Calculation of Solvay Solexis' General and Administrative 
(G&A) Expense Ratio
Comment 2: Offsets for Non-Dumped Sales
[FR Doc. E7-22968 Filed 11-23-07; 8:45 am]
BILLING CODE 3510-DS-S