[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23219-23220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11016]
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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.
ACTION: Notice of Amended Final Results of Antidumping Duty
Administrative Review.
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SUMMARY: On February 6, 1997, the Department of Commerce (the
Department) published the final results of administrative review of the
antidumping duty order on granular polytetrafluoroethylene (PTFE) resin
from Italy (62 FR 5590). The review covers one manufacturer/exporter,
Ausimont S.p.A. (Ausimont), for the period August 1, 1994, through July
31, 1995. Based on the correction of ministerial errors, we have
changed the margin for Ausimont.
EFFECTIVE DATE: April 29, 1997.
FOR FURTHER INFORMATION CONTACT: Chip Hayes or Richard Rimlinger,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th and Constitution Avenue, NW., Washington,
DC. 20230; telephone: (202) 482-4733.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Tariff Act), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Tariff Act by the Uruguay Round Agreements Act. In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the current regulations, as amended by the interim regulations
published in the Federal Register on May 11, 1995 (60 FR 25130).
Background
On February 6, 1997, the Department published the final results of
its administrative review of the antidumping duty order on PTFE resin
from Italy (62 FR 5590) for one manufacturer/exporter, Ausimont, and
the period of review (POR) August 1, 1994, through July 31, 1995.
After publication of our final results, we received timely
allegations from Ausimont that we had made ministerial errors in
calculating the final results. Ausimont contends that we applied facts
available in the calculation of a difference-in-merchandise adjustment
for sales of one U.S. product, when, according to Ausimont, variable
cost of manufacturing information for that product was in the
administrative record to permit a correct calculation of the
adjustment. E.I. Dupont de Nemours and Co., the petitioner in this
proceeding, maintains that Ausimont neglected to comment on the use of
facts available during the course of the administrative review and that
Ausimont's belated discovery does not constitute a ministerial error on
the part of the Department.
Upon examination of the administrative record, we have determined
that adequate information was in the administrative record to calculate
the correct difference-in-merchandise adjustment for the product in
question. Therefore, the use of facts available to determine the
adjustment for the product does constitute a ministerial error. We have
corrected our calculations in accordance with section 751(h) of the
Tariff Act. See analysis memorandum to the file dated March 24, 1997,
for a detailed description of the changes that we made to correct the
ministerial errors.
Amended Final Results of Reviews
As a result of our corrections for ministerial errors, we determine
that the a weighted-average margin of 15.21 per cent exists for the
period August 1, 1994, through July 31, 1995.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. We will direct
the Customs Service to collect cash deposits of estimated antidumping
duties on all appropriate entries in accordance with the procedures
discussed in the final results of the reviews (62 FR 5590, 5592) and as
amended by this determination.
The amended deposit requirements are effective for all shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice and
shall remain in effect until publication of the final results of the
next administrative reviews.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 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
[[Page 23220]]
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Failure to
comply is a violation of the APO.
This administrative review and this notice are in accordance
with section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and
19 CFR 353.28.
Dated April 22, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-11016 Filed 4-28-97; 8:45 am]
BILLING CODE 3510-DS-P
