[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Notices]
[Page 25704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10929]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-805]


Extruded Rubber Thread From Malaysia: Notice of Amended Final 
Results of Administrative Review in Accordance With Final Court 
Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review in accordance with final court decision on 
extruded rubber thread from Malaysia.

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SUMMARY: On November 24, 1999, the U.S. Court of International Trade 
(``the Court'') affirmed the Department of Commerce's (``the 
Department's'') remand determination of the final results of the second 
(1993-1994) antidumping duty administrative review of extruded rubber 
thread from Malaysia. No party has appealed this determination. As 
there is now a final and conclusive court decision in this action, we 
are amending our final results.

EFFECTIVE DATE: May 3, 2000.

FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone: (202) 482-6320 and (202) 482-3814, respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA'').

SUPPLEMENTARY INFORMATION:

Background

    On November 24, 1997, the Department published Extruded Rubber 
Thread From Malaysia, Final Results of Antidumping Duty Administrative 
Review, 62 FR 62547 (November 24, 1997) (``Final Results''), covering 
the period October 1, 1993 through September 30, 1994. Subsequent to 
the publication of the Department's Final Results, two respondents 
(Rubberflex Sdn. Bhd., and Rubfil Sdn. Bhd.) appealed the Final Results 
to the Court.
    Based on these challenges the Court remanded the Final Results. See 
Heveafil Sdn. Bhd., Rubberflex Sdn. Bhd. and Rubfil Sdn. Bhd., v. the 
United States, Slip Op. 99-68 (July 23, 1999). On remand, the Court 
instructed the Department to (1) repeat the verification of Rubberflex 
Sdn. Bhd. (``Rubberflex'') and (2) revise the margin calculation 
program to convert the ocean freight expense for Rubfil Sdn. 
(``Rubfil'') to U.S. dollars and to recalculate Rubfil's U.S. prices.
    As a result of settlement negotiations, Rubberflex entered into an 
agreement with the Department to settle the litigation and to dismiss 
its claim with respect to the lawsuit. On October 22, 1999, the 
Department filed its remand determination with the Court, addressing 
issues related to Rubfil. In its determination, the Department revised 
the margin calculation program to convert the ocean freight expense to 
U.S. dollars and to recalculate Rubfil's U.S. prices.
    As noted above, on November 24, 1999, the Court affirmed the 
Department's remand results and no appeal was filed. As there is now a 
final and conclusive court decision in this action, we are amending our 
Final Results of review in this matter and we will instruct the U.S. 
Customs Service (``Customs'') to liquidate entries subject to this 
review in accordance with the remand results. Because the Department 
has published subsequent administrative reviews covering later time 
frames, future cash deposits will be governed by the most recently 
completed administrative review, according to the Department's normal 
procedures. See Extruded Rubber Thread From Malaysia; Final Results of 
Antidumping Duty Administrative Review, 65 FR 6140 (February 8, 2000).

Amended Final Results

    Pursuant to section 516A(e) of the Act, we are now amending the 
Final Results. As a result of our recalculation of the margins, the 
final weighted-average margin for Rubfil has changed. Further, as a 
result of the settlement agreement, the final weighed-average margin 
for Rubberflex has changed. The final weighted-average margins for the 
above period of review are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
               Producer/manufacturer/exporter                   margin
                                                               (percent)
------------------------------------------------------------------------
Rubfil Sdn. Bhd.............................................       11.81
Rubberflex..................................................       10.00
------------------------------------------------------------------------

    The Department will determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions to Customs after publication of this 
amended final results of review.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 24, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-10929 Filed 5-2-00; 8:45 am]
BILLING CODE 3510-DS-P