98-29850. Extruded Rubber Thread From Malaysia; Preliminary Results of Antidumping Duty Administrative Review  

  • [Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
    [Notices]
    [Pages 60295-60299]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29850]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    A-557-805
    
    
    Extruded Rubber Thread From Malaysia; Preliminary Results of 
    Antidumping Duty Administrative Review
    
    AGENCY: Import Administration, International Trade Administration, 
    Department of Commerce.
    
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    SUMMARY: In response to a request by the petitioner and three 
    producers/exporters of the subject merchandise, the Department of 
    Commerce is conducting an administrative review of the antidumping duty 
    order on extruded rubber thread from Malaysia. This review covers four 
    manufacturers/exporters of the subject merchandise to the United States 
    (Filati Lastex Sdn. Bhd., Heveafil Sdn. Bhd./Filmax Sdn. Bhd., 
    Rubberflex Sdn. Bhd., and Rubfil Sdn. Bhd.). The period of review is 
    October 1, 1996, through September 30, 1997.
        We have preliminarily determined that sales have been made below 
    the normal value by each of the companies subject to this review. If 
    these preliminary results are adopted in the final results of this 
    administrative review, we will instruct the Customs Service to assess 
    antidumping duties on all appropriate entries.
        We invite interested parties to comment on these preliminary 
    results. Parties who wish to submit comments in this proceeding are 
    requested to submit with each argument (1) a statement of the issue and 
    (2) a brief summary of the argument.
    
    EFFECTIVE DATE: November 9, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Shawn Thompson or Irina Itkin, Office 
    of AD/CVD Enforcement, Office 5, Import Administration, International 
    Trade Administration, U.S. Department of Commerce, 14th Street and 
    Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1776 
    or (202) 482-0656, respectively.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On October 2, 1997, the Department of Commerce (the Department) 
    published in the Federal Register a notice of ``Opportunity to Request 
    an Administrative Review'' of the antidumping duty order on extruded 
    rubber thread from Malaysia (62 FR 51628).
        In accordance with 19 CFR 351.213(b)(1), on October 20, 1997, the 
    petitioner, North American Rubber Thread, requested an administrative 
    review of the antidumping order covering the period October 1, 1996, 
    through September 30, 1997, for the following producers and exporters 
    of extruded rubber thread: Filati Lastex Sdn. Bhd. (Filati), Heveafil 
    Sdn. Bhd./Filmax Sdn. Bhd. (Heveafil), Rubberflex Sdn. Bhd. 
    (Rubberflex), and Rubfil Sdn. Bhd. (Rubfil). On October 31, 1997, 
    Filati, Heveafil, and Rubberflex also requested an administrative 
    review.
        In November 1997, the Department initiated an administrative review 
    for Filati, Heveafil, Rubberflex, and Rubfil (62 FR 63069 (Nov. 26, 
    1997)) and issued questionnaires to each of these companies.
        In February 1998, we received responses from Filati, Heveafil, and 
    Rubberflex. We received no response from Rubfil. Because Rubfil did not 
    respond to the questionnaire, we have assigned a margin to Rubfil based 
    on facts available. For further discussion, see the ``Facts Available'' 
    section, below.
        In June and July 1998, we issued supplemental questionnaires to 
    Filati, Heveafil, and Rubberflex. We received responses to these 
    questionnaires in July, August, and September 1998.
        From September through November 1998, the Department conducted 
    verifications of the data submitted by Filati, Heveafil, and 
    Rubberflex, in accordance with 19 CFR 351.307(b)(iv).
    
    Scope of the Review
    
        The product covered by this review is extruded rubber thread. 
    Extruded rubber thread is defined as vulcanized rubber thread obtained 
    by extrusion of stable or concentrated natural rubber latex of any 
    cross sectional shape, measuring from 0.18 mm, which is 0.007 inch or 
    140 gauge, to 1.42 mm, which is 0.056 inch or 18 gauge, in diameter. 
    Extruded rubber thread is currently classifiable under subheading 
    4007.00.00 of the Harmonized Tariff Schedule of the United States 
    (HTSUS). The HTSUS subheadings are provided for convenience and customs 
    purposes. The written description of the scope of this review is 
    dispositive.
    
    Applicable Statute and Regulations
    
        Unless otherwise indicated, all citations to the Tariff Act of 
    1930, as amended (the Act), are references to the provisions effective 
    January 1, 1995, the effective date of the amendments made to the Act 
    by the Uruguay Round Agreements Act (URAA). In addition, unless 
    otherwise indicated, all citations to the Department's regulations are 
    to the regulations at 19 CFR part 351, 62 FR 27296 (May 19, 1997).
    
    Facts Available
    
    A. Use of Facts Available for Rubfil
    
        In accordance with section 776(a)(2)(A) of the Act, we 
    preliminarily determine that the use of facts available is appropriate 
    as the basis for Rubfil's dumping margin. Section 776(a)(2) of the Act 
    provides that if an interested party: (1) Withholds information that 
    has been requested by the Department; (2) fails to provide such 
    information in a timely manner or in the form or manner requested, 
    subject to subsections 782(c)(1) and (e); (3) significantly impedes a 
    determination under the antidumping statute; or (4) provides such 
    information but the information cannot be verified, the Department 
    shall, subject to subsection 782(d) of the Act, use facts otherwise 
    available in reaching the applicable determination. Specifically, 
    Rubfil failed to respond to the Department's questionnaire, issued in 
    November 1997. Because Rubfil did not respond to the Department's 
    questionnaire, we must use facts otherwise available to determine 
    Rubfil's dumping margin.
    
    [[Page 60296]]
    
        Section 776(b) of the Act provides that adverse inferences may be 
    used with respect to a party that has failed to cooperate by not acting 
    to the best of its ability to comply with requests for information. See 
    Statement of Administrative Action accompanying the URAA, H.R. Rep. No. 
    316, 103rd Cong., 2d Sess. 870 (SAA). The failure of Rubfil to reply to 
    the Department's questionnaire demonstrates that it has failed to act 
    to the best of its ability in this review and, therefore, an adverse 
    inference is warranted.
        As adverse facts available for Rubfil, we have used the highest 
    rate calculated for any respondent in any segment of this proceeding. 
    This rate is 54.31 percent. We find that the rate of 54.31 percent, 
    which was assigned in the prior administrative review, is sufficiently 
    high as to effectuate the purpose of the facts available rule.
    
    B. Corroboration of Secondary Information
    
        As facts available in this case, the Department has used 
    information derived from a prior administrative review, which 
    constitutes secondary information within the meaning of the SAA. See 
    SAA at 870. Section 776(c) of the Act provides that the Department 
    shall, to the extent practicable, corroborate secondary information 
    from independent sources reasonably at its disposal. The SAA provides 
    that ``corroborate'' means that the Department will satisfy itself that 
    the secondary information to be used has probative value. See SAA at 
    870.
        To corroborate secondary information, the Department will, to the 
    extent practicable, examine the reliability and relevance of the 
    information to be used. However, unlike for other types of information, 
    such as input costs or selling expenses, there are no independent 
    sources for calculated dumping margins. Thus, in an administrative 
    review, if the Department chooses as total adverse facts available a 
    calculated dumping margin from the same or a prior segment of this 
    proceeding, it is not necessary to question the reliability of the 
    margin for that time period. With respect to the relevance aspect of 
    corroboration, however, the Department will consider information 
    reasonably at its disposal as to whether there are circumstances that 
    would render a margin not relevant. Where circumstances indicate that 
    the selected margin may not be appropriate, the Department will attempt 
    to find a more appropriate basis for facts available. See, e.g., Fresh 
    Cut Flowers from Mexico; Final Results of Antidumping Duty 
    Administrative Review, 61 FR 6812, 6814 (February 22, 1996) (Fresh Cut 
    Flowers) (where the Department disregarded the highest margin as 
    adverse best information available because the margin was based on 
    another company's uncharacteristic business expense resulting in an 
    unusually high margin).
        For Rubfil, we examined the rate applicable to extruded rubber 
    thread from Malaysia throughout the course of the proceeding. With 
    regard to its probative value, the rate specified above is reliable and 
    relevant because it is a calculated rate from the 1994-1995 
    administrative review. There is no information on the record that 
    demonstrates that the rate selected is not an appropriate total adverse 
    facts available rate for Rubfil. Thus, the Department considers this 
    rate to be appropriate adverse facts available.
    
    Normal Value Comparisons
    
        To determine whether sales of extruded rubber thread from Malaysia 
    to the United States were made at less than normal value (NV), we 
    compared the constructed export price (CEP) to the NV for Filati, 
    Heveafil and Rubberflex, as specified in the ``Constructed Export 
    Price'' and ``Normal Value'' sections of this notice.
        When making comparisons in accordance with section 771(16) of the 
    Act, we considered all products sold in the home market as described in 
    the ``Scope of the Review'' section of this notice, above, that were in 
    the ordinary course of trade for purposes of determining appropriate 
    product comparisons to U.S. sales. Where there were no sales of 
    identical merchandise in the home market made in the ordinary course of 
    trade to compare to U.S. sales, we compared U.S. sales to sales of the 
    most similar foreign like product made in the ordinary course of trade, 
    based on the characteristics listed in sections B and C of our 
    antidumping questionnaire.
    
    Level of Trade and CEP Offset
    
        In accordance with section 773(a)(1)(B) of the Act, to the extent 
    practicable, we determine NV based on sales in the comparison market at 
    the same level of trade as export price (EP) or CEP. The NV level of 
    trade is that of the starting-price sales in the comparison market or, 
    when NV is based on CV, that of the sales from which we derive selling, 
    general and administrative expenses (SG&A) and profit. For EP, the U.S. 
    level of trade is also the level of the starting-price sale, which is 
    usually from the exporter to importer. For CEP, it is the level of the 
    constructed sale from the exporter to the importer.
        To determine whether NV sales are at a different level of trade 
    than EP or CEP sales, we examine stages in the marketing process and 
    selling functions along the chain of distribution between the producer 
    and the unaffiliated customer. If the comparison-market sales are at a 
    different level of trade and the difference affects price 
    comparability, as manifested in a pattern of consistent price 
    differences between the sales on which NV is based and comparison-
    market sales at the level of trade of the export transaction, we make a 
    level-of-trade adjustment under section 773(a)(7)(A) of the Act. 
    Finally, for CEP sales, if the NV level is more remote from the factory 
    than the CEP level and there is no basis for determining whether the 
    difference in the levels between NV and CEP affects price 
    comparability, we adjust NV under section 773(a)(7)(B) of the Act (the 
    CEP offset provision). See Notice of Final Determination of Sales at 
    Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from 
    South Africa, 62 FR 61731 (Nov. 19, 1997).
        Filati, Heveafil, and Rubberflex claimed that they made home market 
    sales at only one level of trade (i.e., sales to original equipment 
    manufacturers). Based on the information on the record, no level of 
    trade adjustment was warranted for any respondent. Although Filati 
    claimed that the home market level was different, and more remote, than 
    the level of trade of the CEP, we have found the levels of trade to be 
    the same.
        In order to determine whether NV was established at a level of 
    trade which constituted a more advanced stage of distribution than the 
    level of trade of the CEP, we compared the selling functions performed 
    for home market sales with those performed with respect to the CEP 
    transaction, which excludes economic activities occurring in the United 
    States. We found that Filati, Heveafil, and Rubberflex performed 
    essentially the same selling functions in its sales offices in Malaysia 
    for both home market and U.S. sales. Therefore, the respondents' sales 
    in Malaysia were not at a more advanced stage of marketing and 
    distribution than the constructed U.S. level of trade, which represents 
    an F.O.B. foreign port price after the deduction of expenses associated 
    with U.S. selling activities. Because we find that no difference in 
    level of trade exists between markets, we have not granted a CEP offset 
    to any of the respondents. For a detailed explanation of this analysis, 
    see the concurrence memorandum
    
    [[Page 60297]]
    
    issued for the preliminary results of this review, dated November 2, 
    1998.
    
    Constructed Export Price
    
        For all U.S. sales by Filati, Heveafil, and Rubberflex, we used 
    CEP, in accordance with section 772(b) of the Act. For Filati, we have 
    treated sales shipped directly to the U.S. customer as CEP sales 
    because we find that the extent of the affiliate's activities performed 
    in the United States in connection with these sales is significant. See 
    the Filati USA verification report at 4.
    
    A. Filati
    
        We calculated CEP based on the starting price to the first 
    unaffiliated purchaser in the United States. In accordance with section 
    772(c)(1)(B) of the Act, we added an amount for uncollected import 
    duties in Malaysia. We made deductions from the starting price, where 
    appropriate, for rebates. In addition, where appropriate, we made 
    deductions for foreign inland freight, foreign brokerage and handling 
    expenses, ocean freight, marine insurance, U.S. customs duty, U.S. 
    brokerage and handling expenses, and U.S. inland freight, and U.S. 
    warehousing expenses, in accordance with section 772(c)(2)(A) of the 
    Act.
        We made additional deductions from CEP, where appropriate, for 
    commissions, credit expenses, U.S. indirect selling expenses, and U.S. 
    inventory carrying costs, in accordance with section 772(d)(1) of the 
    Act. We disallowed an offset claimed by Filati relating to imputed 
    costs associated with financing antidumping and countervailing duty 
    deposits, in accordance with the Department's practice. See Extruded 
    Rubber Thread from Malaysia; Final Results of Antidumping Duty 
    Administrative Review, 63 FR 12752,12758 (March 16, 1998) (Thread 
    Fourth Review); and Antifriction Bearings (Other Than Tapered Roller 
    Bearings) and Parts Thereof from France, Germany, Italy, Japan, 
    Romania, Singapore, Sweden and the United Kingdom; Final Results of 
    Antidumping Duty Administrative Reviews, 62 FR 54043, 54079 (Oct. 17, 
    1997) (AFBs).
        Pursuant to section 772(d)(3) of the Act, we further reduced the 
    starting price by an amount for profit, to arrive at CEP. In accordance 
    with section 772(f) of the Act, we calculated the CEP profit rate using 
    the expenses incurred by Filati and its affiliate on their sales of the 
    subject merchandise in the United States and the foreign like product 
    in the home market and the profit associated with those sales.
    
    B. Heveafil
    
        In cases where Heveafil shipped merchandise directly from Malaysia 
    to U.S. customers, we used the bill of lading date as the date of sale 
    for these shipments, rather than the date of the U.S. invoice as 
    reported. For these shipments, we find that there is a long lag time 
    between the date of shipment to the customer and the date of invoice.
        We calculated CEP based on the starting price to the first 
    unaffiliated customer in the United States. In accordance with section 
    772(c)(1)(B) of the Act, we added an amount for uncollected import 
    duties in Malaysia. We made deductions from the starting price, where 
    appropriate, for rebates. We also made deductions for foreign inland 
    freight, foreign brokerage and handling expenses, ocean freight, marine 
    insurance, U.S. customs duty, U.S. brokerage and handling expenses, 
    U.S. inland freight, and U.S. warehousing expenses, in accordance with 
    section 772(c)(2)(A) of the Act.
        We made additional deductions to CEP, where appropriate, for credit 
    expenses, repacking expenses, U.S. indirect selling expenses, and U.S. 
    inventory carrying costs, in accordance with section 772(d)(1) of the 
    Act. Regarding indirect selling expenses, we disallowed an offset 
    claimed by Heveafil relating to imputed costs associated with financing 
    antidumping and countervailing duty deposits, in accordance the 
    Department's practice. See Thread Fourth Review (63 FR 12758) and AFBs 
    (62 FR 54079).
        Pursuant to section 772(d)(3) of the Act, we further reduced the 
    starting price by an amount for profit, to arrive at CEP. In accordance 
    with section 772(f) of the Act, we calculated the CEP profit rate using 
    the expenses incurred by Heveafil and its affiliate on their sales of 
    the subject merchandise in the United States and the foreign like 
    product in the home market and the profit associated with those sales.
    
    C. Rubberflex
    
        We calculated CEP based on the starting price to the first 
    unaffiliated customer in the United States. We made deductions from the 
    starting price, where appropriate, for rebates. We also made deductions 
    for foreign inland freight, foreign brokerage and handling expenses, 
    ocean freight, marine insurance, U.S. customs duty, U.S. inland 
    freight, and U.S. warehousing expenses, in accordance with section 
    772(c)(2)(A) of the Act.
        We made additional deductions to CEP, where appropriate, for credit 
    expenses, U.S. indirect selling expenses, and U.S. inventory carrying 
    costs, in accordance with section 772(d)(1) of the Act.
        Pursuant to section 772(d)(3) of the Act, we further reduced the 
    starting price by an amount for profit, to arrive at CEP. In accordance 
    with section 772(f) of the Act, we calculated the CEP profit rate using 
    the expenses incurred by Rubberflex and its affiliate on their sales of 
    the subject merchandise in the United States and the foreign like 
    product in the home market and the profit associated with those sales.
    
    Normal Value
    
        In order to determine whether there is a sufficient volume of sales 
    in the home market to serve as a viable basis for calculating NV (i.e., 
    the aggregate volume of home market sales of the foreign like product 
    is greater than five percent of the aggregate volume of U.S. sales), we 
    compared the volume of each respondent's home market sales of the 
    foreign like product to the volume of U.S. sales of subject 
    merchandise, in accordance with section 773(a)(1)(C) of the Act. Based 
    on this comparison, we determined that each respondent had a viable 
    home market during the period of review (POR). Consequently, we based 
    NV on home market sales.
        Pursuant to section 773(b)(2)(A)(ii) of the Act, there were 
    reasonable grounds to believe or suspect that Filati, Heveafil, and 
    Rubberflex had made home market sales at prices below their costs of 
    production (COP)s in this review because the Department had disregarded 
    sales below the COP for these companies in a previous administrative 
    review. See Thread Fourth Review. As a result, the Department initiated 
    an investigation to determine whether the respondents made home market 
    sales during the POR at prices below their respective COPs.
        We calculated the COP based on the sum of each respondent's cost of 
    materials and fabrication for the foreign like product, plus amounts 
    for SG&A and packing costs, in accordance with section 773(b)(3) of the 
    Act.
        Except as follows, we used the respondents' reported COP amounts to 
    compute weighted-average COPs during the POR. Regarding the COP data 
    reported by Filati, we found that, in certain instances, Filati 
    reported multiple costs for a single control number. In those cases, we 
    used the higher of the costs for purposes of the preliminary results.
        We compared the COP figures to home market prices of the foreign 
    like product, as required under section 773(b) of the Act, in order to 
    determine whether these sales had been made at
    
    [[Page 60298]]
    
    prices below the COP. On a product-specific basis, we compared the COP 
    to home market prices, less any applicable movement charges and 
    discounts.
        In determining whether to disregard home market sales made at 
    prices below the COP, we examined whether such sales were made: (1) In 
    substantial quantities within an extended period of time; and (2) at 
    prices which permitted the recovery of all costs within a reasonable 
    period of time in the normal course of trade. See Sec. 773(b)(1) of the 
    Act.
        Pursuant to section 773(b)(2)(c)(i) of the Act, where less than 20 
    percent of a respondent's sales of a given product were at prices less 
    than the COP, we did not disregard any below-cost sales of that product 
    because we determined that the below-cost sales were not made in 
    ``substantial quantities.'' Where 20 percent or more of a respondent's 
    sales of a given product were at prices below the COP, we found that 
    sales of that model were made in ``substantial quantities'' within an 
    extended period of time (as defined in section 773(b)(2)(B) of the 
    Act), in accordance with section 773(b)(2)(C)(i) of the Act. In such 
    cases, we also determined that such sales were not made at prices which 
    would permit recovery of all costs within a reasonable period of time, 
    in accordance with section 773(b)(2)(D) of the Act. Therefore, we 
    disregarded the below-cost sales. Where all sales of a specific product 
    were at prices below the COP, we disregarded all sales of that product.
        We found that, for certain models of extruded rubber thread, more 
    than 20 percent of each respondent's home market sales within an 
    extended period of time were at prices less than COP. Further, the 
    prices did not provide for the recovery of costs within a reasonable 
    period of time. We therefore disregarded the below-cost sales and used 
    the remaining above-cost sales as the basis for determining NV, in 
    accordance with section 773(b)(1) of the Act. For those U.S. sales of 
    extruded rubber thread for which there were no comparable home market 
    sales in the ordinary course of trade, we compared CEP to CV, in 
    accordance with section 773(a)(4) of the Act.
        In accordance with section 773(e) of the Act, we calculated CV 
    based on the sum of each respondent's cost of materials, fabrication, 
    SG&A, profit, and U.S. packing costs. In accordance with section 
    773(e)(2)(A) of the Act, we based SG&A and profit on the amounts 
    incurred and realized by each respondent in connection with the 
    production and sale of the foreign like product in the ordinary course 
    of trade, for consumption in the foreign country.
        Company-specific calculations are discussed below.
    
    A. Filati
    
        In all instances, NV for Filati was based on home market sales. 
    Accordingly, we based NV on the starting price to unaffiliated 
    customers. For all price-to-price comparisons, we made deductions from 
    the starting price for rebates, where appropriate. We also made 
    deductions, where appropriate, for foreign inland freight, pursuant to 
    section 773(a)(6)(B) of the Act. Pursuant to section 773(a)(6)(C)(iii) 
    of the Act, we also made deductions for home market credit expenses and 
    bank charges. Where applicable, in accordance with 19 CFR 351.410(e), 
    we offset any commission paid on a U.S. sale by reducing the NV by the 
    amount of home market indirect selling expenses and inventory carrying 
    costs, up to the amount of the U.S. commission.
        In addition, we deducted home market packing costs and added U.S. 
    packing costs, in accordance with section 773(a)(6) of the Act. Where 
    appropriate, we made adjustments to NV to account for differences in 
    physical characteristics of the merchandise, in accordance with section 
    773(a)(6)(C)(ii) of the Act and 19 CFR 351.411.
    
    B. Heveafil
    
        Where NV was based on home market sales, we based NV on the 
    starting price to unaffiliated customers. We made deductions from the 
    starting price for discounts. We also made deductions for foreign 
    inland freight and foreign inland insurance, pursuant to section 
    773(a)(6)(B) of the Act. Pursuant to section 773(a)(6)(C)(iii) of the 
    Act, we also made deductions for home market credit expenses and bank 
    charges.
        In addition, we deducted home market packing costs and added U.S. 
    packing costs, in accordance with section 773(a)(6) of the Act. Where 
    appropriate, we made adjustments to NV to account for differences in 
    physical characteristics of the merchandise, in accordance with section 
    773(a)(6)(c)(ii) of the Act and 19 CFR 351.411.
        For CV-to-CEP comparisons, we made circumstance-of-sale 
    adjustments, where appropriate, for differences in credit expenses and 
    bank charges, in accordance with sections 773(a)(6)(C)(iii) and 
    773(a)(8) of the Act.
    
    C. Rubberflex
    
        In all instances, NV for Rubberflex was based on home market sales. 
    Accordingly, we based NV on the starting price to unaffiliated 
    customers. We made deductions from the starting price for foreign 
    inland freight and foreign inland insurance, pursuant to section 
    773(a)(6)(B) of the Act. Pursuant to section 773(a)(6)(C)(iii) of the 
    Act, we also made deductions for home market credit expenses.
        In addition, we deducted home market packing costs and added U.S. 
    packing costs, in accordance with section 773(a)(6) of the Act. Where 
    appropriate, we made adjustments to NV to account for differences in 
    physical characteristics of the merchandise, in accordance with section 
    773(a)(6)(c)(ii) of the Act and 19 CFR 351.411.
    
    Currency Conversion
    
        We made currency conversions into U.S. dollars based on the 
    exchange rates in effect on the dates of the U.S. sales as certified by 
    the Federal Reserve Bank.
        Section 773A of the Act directs the Department to use a daily 
    exchange rate in order to convert foreign currencies into U.S. dollars 
    unless the daily rate involves a fluctuation. It is the Department's 
    practice to find that a fluctuation exists when the daily exchange rate 
    differs from the benchmark rate by 2.25 percent. The benchmark is 
    defined as the moving average of rates for the past 40 business days. 
    When we determine a fluctuation to have existed, we substitute the 
    benchmark for the daily rate, in accordance with established practice.
    
    Preliminary Results of Review
    
        As a result of our review, we preliminarily determine that the 
    following margins exist for the period October 1, 1996, through 
    September 30, 1997:
    
    ------------------------------------------------------------------------
                                                                    Percent
                        Manufacturer/exporter                        margin
    ------------------------------------------------------------------------
    Filati Lastex Sdn. Bhd.......................................       8.31
    Heveafil Sdn. Bhd............................................  .........
    Filmax Sdn. Bhd..............................................       3.91
    Rubberflex Sdn. Bhd..........................................       1.15
    Rubfil Sdn. Bhd..............................................      54.31
    ------------------------------------------------------------------------
    
        Interested parties may request a hearing within 30 days of the 
    publication of this notice. Any hearing, if requested, will be held 37 
    days after the date of publication, or the first workday thereafter. 
    Interested parties may submit case briefs within 30 days of 
    publication. Rebuttal briefs, limited to issues raised in the case 
    briefs, may be filed not later than 35 days after the date of 
    publication. The Department will publish a notice of the final results 
    of this administrative review, which
    
    [[Page 60299]]
    
    will include the results of its analysis of issues raised in any such 
    case briefs.
        The Department shall determine, and the Customs Service shall 
    assess, antidumping duties on all appropriate entries. We have 
    calculated an importer-specific assessment rate based on the ratio of 
    the total amount of antidumping duties calculated for the examined 
    sales made during the POR to the total entered value of the examined 
    sales. This rate will be assessed uniformly on all entries of that 
    particular importer made during the POR. The Department will issue 
    appraisement instructions directly to the Customs Service.
        Further, the following deposit requirements will be effective for 
    all shipments of extruded rubber thread from Malaysia entered, or 
    withdrawn from warehouse, for consumption on or after the publication 
    date of the final results of this administrative review, as provided 
    for by section 751(a)(1) of the Act: (1) The cash deposit rates for 
    Filati, Heveafil, Rubberflex, and Rubfil will be the rates established 
    in the final results of this review, except if the rate is less than 
    0.50 percent and, therefore, de minimis within the meaning of 19 CFR 
    351.106, the cash deposit 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) 
    the cash deposit rate for all other manufacturers or exporters will 
    continue to be 15.16 percent, the all others rate established in the 
    LTFV investigation.
        These deposit requirements, when imposed, shall remain in effect 
    until publication of the final results of the next administrative 
    review.
        This notice serves as a preliminary 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 this review period. Failure to comply with this 
    requirement could result in the Secretary's presumption that 
    reimbursement of antidumping duties occurred and the subsequent 
    assessment of double antidumping duties.
        This administrative review and notice are in accordance with 
    section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.213.
    
        Dated: November 2, 1998.
    Robert S. LaRussa,
    Assistant Secretary for Import Administration.
    [FR Doc. 98-29850 Filed 11-6-98; 8:45 am]
    BILLING CODE 3510-DS-P
    
    
    

Document Information

Effective Date:
11/9/1998
Published:
11/09/1998
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
98-29850
Dates:
November 9, 1998.
Pages:
60295-60299 (5 pages)
PDF File:
98-29850.pdf