[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19931-19933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10000]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-703]


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

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

SUMMARY: On March 31, 2009, the Department of Commerce (``the 
Department'') published the final results of the administrative review 
of the antidumping duty order on granular polytetrafluoroethylene resin 
(``PTFE'') from Italy, covering the period August 1, 2006, through July 
31, 2007. See Granular Polytetrafluoroethylene Resin From Italy: Final 
Results of

[[Page 19932]]

Antidumping Duty Administrative Review, 74 FR 14519 (March 31, 2009) 
(``Final Results''). We are amending the Final Results to correct 
ministerial errors in the calculation of the weighted average margin 
and the assessment rate applicable to entries by the respondent to this 
proceeding, Solvay Solexis S.p.A. and Solvay Solexis, Inc. 
(collectively, ``Solvay''), pursuant to section 751(h) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.224(e).

EFFECTIVE DATE: April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Nancy Decker, at (202) 
482-3813 or (202) 482-0196, respectively; 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 March 31, 2009, Solvay submitted a timely allegation of 
ministerial errors pursuant to 19 CFR 351.224(c)(1). First, Solvay 
alleged that the Department did not incorporate minor corrections from 
verification into U.S. duty expenses and U.S. brokerage expenses for 
individual U.S. sales observations. Second, Solvay alleged that the 
Department erred in its re-calculation of the research and development 
(``R&D'') expenses that pertain to Solvay's general and administrative 
(``G&A'') expense ratio. See Memorandum from Ernest Z. Gziryan, Senior 
Accountant, to Neal M. Halper, Director, Office of Accounting, ``Cost 
of Production and Constructed Value Calculation Adjustments for the 
Final Results - Solvay Solexis S.p.A.'' (March 23, 2009) at Attachment 
5.
    On April 1, 2009, the petitioner to this proceeding, E.I. DuPont de 
Nemours & Company (``petitioner''), submitted a rebuttal to Solvay's 
ministerial error allegations. The petitioner did not comment on the 
alleged errors in the individual sales observations. However, the 
petitioner argued that the Department should reject Solvay's allegation 
regarding R&D expenses because the alleged error is methodological, not 
ministerial, in nature. Moreover, the petitioner asserted that the 
Department did not err in the R&D expense re-calculation. The 
petitioner claimed that Solvay's proposed correction would understate 
the R&D expenses that are attributable to the merchandise under review.

Amended Final Results of Review

    A ministerial error, as defined in section 751(h) of the Act, 
``includes errors in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the Secretary considers ministerial.'' See also 19 CFR 
351.224(f). After analyzing Solvay's allegation, we have determined, in 
accordance with section 751(h) of the Act and 19 CFR 351.224(e), that 
the Department made ministerial errors in the final results by not 
revising U.S. duty and brokerage expenses for the individual sales in 
question. However, for the allegation regarding the R&D expense portion 
of the G&A expense ratio, we find that Solvay's allegation is 
methodological, not ministerial, in nature. Thus, we have made no 
changes to the R&D expense portion of Solvay's G&A expenses. For 
additional explanation, see the Memorandum from PTFE Team to Susan 
Kuhbach, Director, Office 1: Ministerial Error Allegations (April 24, 
2009).
    Therefore, we are amending the final results of administrative 
review of PTFE from Italy for the period August 1, 2006, through July 
31, 2007, to include the revised U.S. movement and brokerage expenses 
for the sales observations at issue. The revised weighted-average 
percentage dumping margin for Solvay is now 79.45 percent.

Assessment Rate

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries based on the amended final results. For details on 
the assessment of antidumping duties on all appropriate entries, see 
the Final Results.
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the date of publication of the amended 
final results of the administrative review.

Cash Deposit Requirements

    The following deposit rates will be effective retroactively on any 
entries made on or after March 31, 2009, the date of publication of the 
Final Results, for all shipments of PTFE from Italy 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 listed above for Solvay will be the rate established in 
the amended final results of this review, except if a rate is less than 
0.5 percent, and therefore de minimis, the cash deposit rate will be 
zero; (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 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; 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 46.46 
percent, the ``all others'' rate established in the LTFV investigation. 
See Final Determination of Sales at Less Than Fair Value: Granular 
Polytetrafluoroethylene Resin From Italy, 53 FR 26096 (July 11, 1988). 
These cash deposit requirements, when imposed, 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.

Disclosure

    We will disclose the calculations performed for these amended final 
results within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 19933]]


    Dated: April 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-10000 Filed 4-29-09; 8:45 am]
BILLING CODE 3510-DS-S