Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69285

agents, and having bead sizes ranging

from 0.4 mm to 3 mm. Specifically

excluded from the scope of this

investigation are off-grade, offspecification 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.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

investigation, as well as certain other

findings by the Department which are

listed in an appendix to this notice, are

addressed in the ‘‘Issues and Decision

Memorandum for the Final

Determination in the Antidumping Duty

Investigation of Expandable Polystyrene

Resins from South Korea’’ (Decision

Memorandum), from Holly A. Kuga,

Acting Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Assistant Secretary for Import

Administration, dated November 8,

2000, which is hereby adopted by this

notice. A list of issues which parties

have raised and to which we have

responded, all of which are in the

Decision Memorandum, is attached to

this notice as an appendix. Parties can

find a complete discussion of all issues

raised in this investigation and the

corresponding recommendations in this

public memorandum which is on file in

the Central Records Unit, Room B–099

of the main Department building and on

the Web at: www.ia.ita.doc.gov. The

paper copy and electronic version of the

Decision Memorandum are identical in

content.

Changes Since the Preliminary

Determination

Based on our analysis of comments

received, we have made changes in the

margin calculations for both companies

under review. These changes are

discussed in the relevant sections of the

Decision Memo.

Termination of Suspension of

Liquidation

Pursuant to section 735(c)(2) of the

Act, we are instructing Customs to

terminate suspension of liquidation of

all entries of EPS from South Korea that

are entered, or withdrawn from

warehouse, for consumption on or after

June 26, 2000, the date of publication of

the preliminary determination. The

Customs Service shall refund any cash

deposit and release any bond or other

security previously posted in

connection with this case.

We determine that the following de

minimis weighted-average dumping

margins exist for October 1, 1998,

through September 30, 1999:

Manufacturer/Exporter

Weighted

Average

Margin

(percent)

Cheil Industries Incorporated ... 0.82

Shinho Petrochemical Co. ........ 0.83

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 negative, this

proceeding is terminated and all

securities posted will be refunded.

Notification to Interested Parties

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 in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: November 8, 2000.

Joseph A. Spetrini,

Acting Assistant Secretary for Import

Administration.

Appendix

Issues Covered in Decision Memorandum

I. General Issues

1. Allegations of Mexican Transshipments

2. Using Monthly Averaging Groups in

Place of Annual Averages to Calculate

Normal Value

II. Issues Specific to Cheil Industries, Inc.

(Cheil)

3. Constructed Export Price Offset

4. Duty Drawback

5. Credit Expense—Home Market Interest

Rate

6. Reclassification of Certain Sales from

Constructed Export Price to Export Price

7. General & Administrative Expense

8. Inclusion of Import Duties in the Cost of

Manufacture

III. Issues Specific to Shinho Petrochemical

Co., Ltd (Shinho)

9. Credit Expense

10. Gain on Foreign Currency Translation

[FR Doc. 00–29405 Filed 11–15–00; 8:45 am]

BILLING CODE 3510–DS–P

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

69286 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

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, offspecification 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:

Manufacturer/exporter Margin

(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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

Coastal Zone Management: Federal

Consistency Appeal by Ricardo

Ramirez by an Objection by the Puerto

Rico Planning Board

ACTION: Dismissal of appeal.

By letter dated April 6, 1999, Ricardo

Ramirez (Appellant) filed with the

Secretary of Commerce a notice of

appeal pursuant to section 307(c)(3)(A)

of the Coastal Zone Management Act.

The appeal is taken from an objection by

the Puerto Rico Planning Board (PRPB)

to the Appellant’s consistency

certification for an Army Corps of

Engineers permit to reconstruct a stilt

house of 47′ by 42′.

The CZMA provides that a timely

objection by a state (including Puerto

Rico) to a consistency certification

precludes any Federal agency from

issuing licenses or permits for the

activity unless the Secretary finds that

the activity is either ‘‘consistent with

the objectives of the CZMA (Ground I)

or ‘‘necessary in the interest of national

security’’ (Ground II). Section

307(c)(3)(A). To make such a

determination, the Secretary must find

that the project satisfies the

requirements of 15 CFR 930.121 or

930.122. Generally, the Appellant has

the burden of submitting evidence in

support of his appeal and the burden of

persuasion under both Grounds I and II.

The Federal regulations implementing

the CZMA provide, in part, that the

Secretary may dismiss an appeal for

failure of the Appellant to base the

appeal on Grounds I or II.

In light of Appellant’s failure to

describe the way in which the proposed

activity is either (1) consistent with the

objectives or purposes of the CZMA or

(2) necessary in the interest of national

security, the appeal has been dismissed.

The Appellant is barred from filing