[Federal Register Volume 65, Number 222 (Thursday, November 16, 2000)]
[Notices]
[Pages 69285-69286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29406]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-810]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Expandable Polystyrene Resins From Indonesia

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

EFFECTIVE DATE: November 16, 2000.

FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-0650 or 
David Layton at (202) 482-0371, AD/CVD Enforcement, Office V, Group II, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Room 1870, 14th Street and Constitution Avenue, 
NW., Washington, DC 20230.

The 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). In addition, unless otherwise 
indicated, all citations to the Department of Commerce (the Department) 
regulations refer to the regulations codified at 19 CFR Part 351 
(2000).

Final Determination

    We determine that certain expandable polystyrene resins from 
Indonesia are being sold, or are likely to be sold, in the United 
States at less than fair value (LTFV), as provided in section 735 of 
the Act. The estimated margins of sales at LTFV are shown in the 
Suspension of Liquidation section of this notice.

Case History

    The preliminary determination in this investigation was issued on 
June 20, 2000. See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Certain Expandable Polystyrene Resins From Indonesia, 
65 FR 39349 (June 26, 2000) (Preliminary Determination). No briefs were 
filed in this investigation.
    On August 3, 2000, the Department published a Federal Register 
notice postponing the deadline for the final determination until no 
later than November 8, 2000. See Notice of Postponement of Final 
Antidumping

[[Page 69286]]

Duty Determination: Certain Expandable Polystyrene Resins from 
Indonesia, 65 FR 47713 (August 3, 2000).

Scope of Investigation

    The scope of this investigation includes certain expandable 
polystyrene resins in primary forms; namely, raw material or resin 
manufactured in the form of polystyrene beads, whether of regular 
(shape) type or modified (block) type, regardless of specification, 
having a weighted-average molecular weight of between 160,000 and 
260,000, containing from 3 to 7 percent blowing agents, and having bead 
sizes ranging from 0.4 mm to 3 mm.
    Specifically excluded from the scope of this investigation are off-
grade, off-specification expandable polystyrene resins.
    The covered merchandise is found in the Harmonized Tariff Schedule 
of the United States (HTSUS) subheading 3903.11.00.00. Although this 
HTSUS subheading is provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Period of Investigation

    The period of investigation is October 1, 1998, through September 
30, 1999.

Facts Available

    In the preliminary determination, the Department based the dumping 
margin for the mandatory respondent, PT Risjad Brasali Styrindo 
(Brasali), on facts otherwise available, pursuant to section 
776(a)(2)(A) of the Act. The use of facts otherwise available was 
required because the record did not contain company-specific 
information, given the respondent's failure to respond to the 
Department's antidumping questionnaire. For purposes of the preliminary 
determination, the Department also found that Brasali failed to 
cooperate by not acting to the best of its ability to comply with the 
Department's request for information, pursuant to section 776(b), and 
determined to use an adverse inference in selecting from among the 
facts otherwise available. Specifically, the Department assigned to the 
mandatory respondent the highest margin alleged in the petition, which 
was corroborated as required by section 776(c) of the Act. See 
Preliminary Determination. Following the preliminary determination, 
interested parties did not file any comment and have not objected to 
the Department's decision to use adverse facts available for the 
mandatory respondent in this investigation, or to the Department's 
choice of facts available. Accordingly, for the reasons discussed in 
the Preliminary Determination, for this final determination the 
Department is continuing to use the highest margin alleged by the 
petitioners for the mandatory respondent in this proceeding. In 
addition, the Department has left unchanged from the preliminary 
determination the ``All Others Rate'' in this investigation, which is 
the average of all the rates provided in the petition.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend all entries of 
expandable polystyrene resins from Indonesia, that are entered, or 
withdrawn from warehouse, for consumption on or after June 26, 2000, 
the date of publication of our preliminary determination. The Customs 
Service shall require a cash deposit or bond equal to the dumping 
margin, as indicated in the chart below. These instructions suspending 
liquidation will remain in effect until further notice. The dumping 
margins are provided below:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                     (percent)
------------------------------------------------------------------------
 PT Risjad Brasali Styrindo................................        96.65
 All Others................................................        95.79
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will, within 45 days, determine 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated and all securities posted will be refunded or canceled. 
If the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing the Customs Service to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of 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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: November 8, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary, for Import Administration.
[FR Doc. 00-29406 Filed 11-15-00; 8:45 am]
BILLING CODE 3510-DS-P