[Federal Register: August 1, 2005 (Volume 70, Number 146)]
[Notices]               
[Page 44088-44089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au05-28]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A 588-707]

 
Granular Polytetrafluoroethylene Resin from Japan: Notice of 
Rescission of Antidumping Duty Administrative Review

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

SUMMARY: On May 10, 2005, the Department of Commerce published a notice 
of intent to rescind an administrative review of the antidumping duty 
order on granular polytetrafluoroetheylene resin from Japan for the 
period August 1, 2003, through July 31, 2004. The Department did not 
receive any comments or requests for a public hearing in response to 
this notice, and we are rescinding this administrative review, pursuant 
to 19 CFR 351.213(d).

EFFECTIVE DATE: August 1, 2005.

FOR FURTHER INFORMATION CONTACT: Dunyako Ahmadu at (202) 482-0198 or 
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 28, 1988, the Department of Commerce (the Department) 
published the antidumping duty order for granular 
polytetrafluroetheylene (PTFE) resin from Japan. See Antidumping Duty 
Order; Granular Polytetrafluoroethylene Resin from Japan, 53 FR 32267 
(August 28, 1988). On August 3, 2004, we published a notice of 
opportunity to request an administrative review of this order for the 
period August 1, 2003, through July 31, 2004. See Notice of Opportunity 
to Request Administrative Review of Antidumping Duty Order, Finding or 
Suspended Investigation, 69 FR 46496 (August 3, 2004). On August 30, 
2004, Asahi Glass Fluoropolymers Ltd., a Japanese producer and exporter 
of the subject merchandise, and AGC Chemicals America, an affiliated 
U.S. importer of subject merchandise (collectively AGC), made a timely 
request that the Department conduct an administrative review of AGC. On 
September 22, 2004, in accordance with section 751(a) of the Tariff Act 
of 1930, as amended (the Act), the Department published in the Federal 
Register a notice of initiation of this antidumping duty administrative 
review. See Notice of Initiation of Antidumping Duty and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 69 FR 
56745 (September 22, 2004). On October 8, 2004, the Department issued 
its antidumping duty questionnaire to AGC.
    On November 2, 2004, AGC submitted a letter to the Department 
indicating that it did not have any shipments or entries of subject 
merchandise during the period of review but had one U.S. sale of PTFE 
resin during the period of review. As a result, on November 29, 2004, 
the Department issued a memorandum recommending rescission of the 2003-
2004 administrative review and invited interested parties to comment. 
See Memorandum to Barbara E. Tillman, Acting Deputy Assistant Secretary 
dated November 29, 2004, (November 29 Memorandum). On December 10, 
2004, AGC submitted comments in disagreement with the recommendation in 
the November 29 Memorandum. AGC argued that the Department does not 
have an established practice of conditioning an administrative review 
on the existence of entries during the period of review and that the 
Department's interpretation of 19 CFR 351.213(e) in this instance is 
inconsistent with the plain meaning of the regulation. AGC also argued 
that because no review of AGC's sales has occurred since the imposition 
of the antidumping duty order on August 28, 1988, the 2003-2004 
administrative review would determine a more accurate deposit rate and, 
therefore, the Department should not rescind the administrative review.
    On May 10, 2005, the Department published a notice of intent to 
rescind the 2003-2004 review and invited interested parties to request 
a hearing or submit case briefs within 20 days of its publication. See 
Granular Polytetrafluoroethylene Resin from Japan: Notice of Intent to 
Rescind Antidumping Duty Administrative Review, 70 FR 24510 (May 10, 
2005). We received no requests for a hearing or submissions of case 
briefs.

Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), the Department will rescind an 
administrative review in whole or only with respect to a particular 
exporter or producer if we conclude that during the period of review 
there were ``no entries, exports, or sales of the subject 
merchandise.'' Contrary to AGC's arguments, the Department's practice, 
supported by substantial precedent, requires that there be entries 
during the period of review upon which to assess antidumping duties, 
irrespective of the export-price or constructed export-price 
designation of U.S. sales. See, e.g., Stainless Steel Plate in Coils 
from Taiwan: Final Rescission of Antidumping Duty Administrative 
Review, 68 FR 63067 (November 7, 2003); Stainless Steel Plate in Coils 
From Taiwan: Final Rescission of Antidumping Duty Administrative 
Review, 69 FR 20859 (April 19, 2004).
    Given that AGC had no entries of subject merchandise during the 
period of review and that AGC has no entry under suspension of 
liquidation that corresponds to the sale which occurred during the 
period of review, we would be unable to assess any antidumping duties 
resulting from this administrative review. See November 29 Memorandum. 
Accordingly, we are rescinding the 2003-2004 administrative review of 
PTFE resin from Japan pursuant to 19 CFR 351.213(d)(3).
    This notice is published in accordance with section 777(i) of the 
Act and 19 CFR 351.213(d)(4).


[[Page 44089]]


    Dated: July 22, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4073 Filed 7-29-05; 8:45 am]

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