Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 14519 

Dated: March 24, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–7230 Filed 3–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–703] 

Granular Polytetrafluoroethylene Resin 

From Italy: Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 22, 2008, the 

Department of Commerce published the 

preliminary results of the administrative 

review of the antidumping duty order 

on granular polytetrafluoroethylene 

resin from Italy, covering the period 

August 1, 2006, through July 31, 2007. 

We invited interested parties to 

comment on these preliminary results. 

Based on our analysis of the comments 

received and the results of verification, 

we have made changes to the margin 

calculation. The final weighted–average 

dumping margin for the reviewed firm 

is listed below in the section entitled 

‘‘Final Results of Review.’’ 

EFFECTIVE DATE: March 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Nair or Nancy Decker, at (202) 

482–3813 or (202) 482–0196, 

respectively; AD/CVD Operations, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th

Street & Constitution Avenue, NW, 

Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 22, 2008, the 

Department of Commerce 

(‘‘Department’’) published the 

preliminary results of its administrative 

review of the antidumping duty order 

on granular polytetrafluoroethylene 

(‘‘PTFE’’) resin from Italy. See Amended 

Notice of Preliminary Results of 

Antidumping Duty Administrative 

Review: Granular 

Polytetrafluoroethylene Resin From 

Italy, 73 FR 54557 (September 22, 2008) 

(‘‘Preliminary Results’’). 

From October 13 through October 17, 

2008, we verified Solvay Solexis 

S.p.A.’s sales response. We issued a 

report for this verification on December 

11, 2008. See Memorandum from Shane 

Subler and Alicia Winston, 

International Trade Compliance 

Analysts, to Susan H. Kuhbach, 

Director, Office 1, ‘‘Verification of the 

Sales Response of Solvay Solexis S.p.A. 

in the Antidumping Duty 

Administrative Review of Granular 

Polytetrafluoroethylene Resin from 

Italy,’’ (December 11, 2008) (‘‘Home 

Market Verification Report’’). From 

November 13 through November 19, 

2008, we verified Solvay Solexis 

S.p.A.’s cost response. We issued a 

report for this verification on January 6, 

2009. See Memorandum from Ernest Z. 

Gziryan, Senior Accountant, to Neal M. 

Halper, Director, Office of Accounting, 

‘‘Verification of the Cost of Production 

and Constructed Value Data Submitted 

by Solvay Solexis S.p.A. in the 

Antidumping Duty Administrative 

Review of Granular 

Polytetrafluoroethylene (‘‘PTFE’’) Resin 

from Italy,’’ (January 6, 2009) (‘‘Cost 

Verification Report’’). On October 27 

and 28, 2008, we verified Solvay 

Solexis, Incorporated’s constructed 

export price (‘‘CEP’’) sales response. See 

Memorandum from Shane Subler and 

Alicia Winston, International Trade 

Compliance Analysts, to Susan H. 

Kuhbach, Director, Office 1, 

‘‘Verification of the Sales Response of 

Solvay Solexis, Inc. in the Antidumping 

Duty Administrative Review of Granular 

Polytetrafluoroethylene Resin from 

Italy,’’ (January 9, 2009) (‘‘CEP 

Verification Report’’). In this notice, we 

refer to the three reports collectively as 

the ‘‘Verification Reports.’’ 

We invited parties to comment on the 

Preliminary Results. On January 26, 

2009, we received case briefs from E.I. 

DuPont de Nemours & Company (‘‘the 

petitioner’’) and Solvay Solexis, Inc. and 

Solvay Solexis S.p.A. (collectively, 

‘‘Solvay’’). On January 29, 2009, we 

received rebuttal briefs from the 

petitioner and Solvay. On January 26, 

2009, Solvay requested a public hearing; 

the hearing was held at the Department 

of Commerce on February 2, 2009. A 

record of the February 2, 2009, hearing 

is available in the Central Records Unit 

(‘‘CRU’’), Room 1117 of the main 

Department building. 

On January 9, 2009, we extended the 

time limit for the final results of this 

administrative review, pursuant to 

section 751(a)(3)(A) of the Tariff Act of 

1930, as amended (‘‘the Act’’). See 

Granular Polytetrafluoroethylene Resin 

From Italy: Extension of Time Limit for 

the Final Results of the Antidumping 

Duty Administrative Review, 74 FR 885 

(January 9, 2009). 

Scope of the Order 

The product covered by the order is 

granular PTFE resin, filled or unfilled. 

The order also covers PTFE wet raw 

polymer exported from Italy to the 

United States. See Granular 

Polytetrafluoroethylene Resin From 

Italy; Final Affirmative Determination of 

Circumvention of Antidumping Duty 

Order, 58 FR 26100 (April 30, 1993). 

The order excludes PTFE dispersions in 

water and fine powders. During the 

period covered by this review, such 

merchandise was classified under item 

number 3904.61.00 of the Harmonized 

Tariff Schedule of the United States 

(‘‘HTSUS’’). We are providing this 

HTSUS number for convenience and 

U.S. Customs and Border Protection 

(‘‘CBP’’) purposes only. The written 

description of the scope remains 

dispositive. 

Cost of Production 

Consistent with the Preliminary 

Results, we disregarded home–market 

sales by Solvay that failed the cost–ofproduction test. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the ‘‘Issues and Decision Memorandum’’ 

(‘‘Decision Memorandum’’) from John 

M. Andersen, Acting Deputy Assistant 

Secretary for Import Administration, to 

Ronald K. Lorentzen, Acting Assistant 

Secretary for Import Administration, 

dated March 23, 2009, which is hereby 

adopted by this notice. Attached to this 

notice, as an appendix, is a list of the 

issues which parties have raised and to 

which we have responded in the 

Decision Memorandum. Parties can find 

a complete discussion of all issues 

raised in this review and the 

corresponding recommendations in this 

memorandum, which is on file in the 

CRU, Room 1117 of the main 

Department building. In addition, a 

complete version of the Decision 

Memorandum can be accessed directly 

on the Import Administration website at 

http://ia.ita.doc.gov/frn/index.html. The 

paper copy and the electronic version of 

the Decision Memorandum are identical 

in content. 

Changes Since the Preliminary Results 

First, we revised the calculations from 

the Preliminary Results to account for 

minor corrections that Solvay submitted 

during the home market and CEP sales 

verifications. We revised the following 

fields in Solvay’s home market sales 

database: packing and indirect selling 

expenses. We revised the following 

fields in Solvay’s U.S. market sales 


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14520 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 

database: U.S. inland freight from the 

warehouse to the customer, indirect 

selling expenses incurred in the United 

States, U.S. warehousing, U.S. 

brokerage, and packing. For details on 

the minor corrections, see page 2 and 

Exhibit 1 of the Home Market 

Verification Report; see also page 2 and 

Exhibits 1a–1d of the CEP Verification 

Report. 

Second, we made additional changes 

to the Preliminary Results calculations 

to account for other findings from the 

sales verifications. First, we removed 

two sales to Canada from Solvay’s U.S. 

sales database. See page 2 of the CEP 

Verification Report. Second, we found 

that Solvay used interest rates on loans 

from affiliated companies to calculate 

imputed credit and inventory carrying 

expenses for home market sales and 

U.S. market sales. See page 2 of the 

Home Market Verification Report; see 

also page 2 of the CEP Verification 

Report. Instead, we used interest rates 

published by the Bank of Italy for loans 

to non–financial corporations as an 

interest rate for the home market rather 

than Solvay’s rate from affiliated 

companies. For the U.S. market, we 

used short–term interest rates published 

by the Federal Reserve for commercial 

and industrial loans as a surrogate 

interest rate. For both markets, we used 

a single weighted–average of the 

monthly interest rates that correspond 

to the period of review (‘‘POR’’). 

Third, based on our analysis of 

comments from interested parties, we 

made the following changes to the cost 

of production calculation. First, we used 

Solvay’s fiscal year 2007 financial 

statements to calculate general and 

administrative expenses (‘‘G&A’’) and 

financial expenses. Second, we 

calculated the short–term portion of 

Solvay’s total interest income based on 

the ratio of current assets to the total 

interest income–producing assets of the 

parent company, Solvay S.A. We have 

addressed these two issues in the public 

decision memorandum that 

accompanies this notice. Finally, we 

made additional revisions to the 

calculation of G&A expenses and the 

total cost of manufacturing. Comments 

from parties on these issues contain 

business proprietary information, so we 

have addressed the comments in the 

Memorandum to the File from Ernest 

Gziryan to Neal M. Halper, ‘‘Cost of 

Production and Constructed Value 

Calculation Adjustments for the Final 

Results Solvay–Solexis S.p.A.,’’ (March 

23, 2009). 

We have explained the incorporation 

of all of the changes into the calculation 

programs in the Memorandum to the 

File from Yasmin Nair, ‘‘Final Results 

Calculation Memorandum for Solvay 

Solexis, Inc. and Solvay Solexis S.p.A. 

for the Nineteenth Administrative 

Review of Granular 

Polytetrafluoroethylene Resin From 

Italy,’’ (March 23, 2009). 

Final Results of Review 

As a result of our review, we 

determine that the following percentage 

weighted–average margin exists for the 

period August 1, 2006, through July 31, 

2007: 

Producer Weighted–Average Margin 

(Percentage) 

Solvay Solexis, Inc. and Solvay Solexis S.p.A. (collectively, ‘‘Solvay’’) ................................................................... 79.47 

Assessment Rates 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. Pursuant to 19 

CFR 351.212(b)(1), the Department 

calculates an assessment rate for each 

importer of the subject merchandise 

covered by the review. To determine 

whether the duty assessment rates 

covering the period were de minimis, in 

accordance with the requirement set 

forth in 19 CFR 351.106(c)(2), we 

calculated importer (or customer)- 

specific ad valorem rates by aggregating 

the dumping margins calculated for all 

U.S. sales to that importer or customer 

and dividing this amount by the total 

value of the sales to that importer (or 

customer). Where an importer (or 

customer)-specific ad valorem rate was 

greater than de minimis, and the 

respondent has reported reliable entered 

values, we applied the assessment rate 

to the entered value of the importer’s/ 

customer’s entries during the review 

period. Where an importer (or 

customer)-specific ad valorem rate was 

greater than de minimis and we did not 

have reliable entered values, we 

calculated a per–unit assessment rate by 

aggregating the dumping duties due for 

all U.S. sales to each importer (or 

customer) and dividing this amount by 

the total quantity sold to that importer 

(or customer). The Department intends 

to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of the final results of 

this review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the period 

of review produced by the respondent 

for which it did not know its 

merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all–others rate if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction. For a full discussion of this 

clarification, see id. 

Cash Deposit Requirements 

The following deposit rates will be 

effective upon publication of the final 

results of this administrative review for 

all shipments of PTFE from Italy 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(1) of the Act: (1) the cash deposit 

rate listed above for Solvay will be the 

rate established in the final results of 

this review, except if a rate is less than 

0.5 percent, and therefore de minimis, 

the cash deposit rate will be zero; (2) for 

previously reviewed or investigated 

companies not listed above, the cash 

deposit rate will continue to be the 

company–specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review, a prior 

review, or the less–than-fair–value 

(‘‘LTFV’’) investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will be 46.46 percent, the 

‘‘all others’’ rate established in the LTFV 

investigation. See Final Determination 

of Sales at Less Than Fair Value: 

Granular Polytetrafluoroethylene Resin 

From Italy, 53 FR 26096 (July 11, 1988). 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 14521 

351.402(f)(2) 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 antidumping duties 

occurred, and in the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice is also the reminder to 

parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the 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. 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: March 23, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I 

List of Comments in the Decision 

Memorandum 

Comment 1: Differences Between 

Statutory Financial Statements and 

Financial Statements Prepared 

According to International Financial 

Reporting Standards 

Comment 2: Financial Statements for 

G&A and Financial Expenses 

Comment 3: Goodwill Amortization 

Comment 4: Research and Development 

Expenses and Certain G&A Expenses 

Comment 5: Major Inputs 

Comment 6: Adjustments to the Cost of 

Manufacturing 

Comment 7: Financial Expenses 

Comment 8: Solvay’s Use of Polymist® 

in Producing In–Scope Products 

Comment 9: Non–U.S. Sales 

Comment 10: Treatment of Negative 

Dumping Margins (Zeroing) 

[FR Doc. E9–7232 Filed 3–30–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Notice of Scope Rulings 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: March 31, 2009. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) hereby publishes a list 

of scope rulings completed between 

October 1, 2008, and December 31, 

2008. In conjunction with this list, the 

Department is also publishing a list of 

requests for scope rulings and 

anticircumvention determinations 

pending as of December 31, 2008. We 

intend to publish future lists after the 

close of the next calendar quarter. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey, AD/CVD Operations, 

China/NME Group, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: 202–482–2312. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s regulations provide 

that the Secretary will publish in the 

Federal Register a list of scope rulings 

on a quarterly basis. See 19 CFR 

351.225(o). Our most recent notification 

of scope rulings was published on 

December 1, 2008. See Notice of Scope 

Rulings, 73 FR 72771 (December 1, 

2008). This current notice covers all 

scope rulings and anticircumvention 

determinations completed by Import 

Administration between October 1, 

2008, and December 31, 2008, inclusive, 

and it also lists any scope or 

anticircumvention inquiries pending as 

of December 31, 2008. As described 

below, subsequent lists will follow after 

the close of each calendar quarter. 

Scope Rulings Completed Between 

October 1, 2008, and December 31, 2008 

Germany 

A–428–825: Stainless Steel Sheet and 

Strip in Coils from Germany. Requestor: 

Almetals, Inc.; TriClad nickel-clad 

stainless steel sheet and strip in coils is 

within the scope of the antidumping 

duty order; October 10, 2008. 

Japan 

A–588–046: Polychloroprene Rubber 

from Japan. Requestor: DuPont 

Performance Elastomers L.L.C.; solid 

polychloroprenes that are dipolymers of 

chloroprene and methacrylic acid 

having methacrylic acid comonomer 

content in the 0.2 percent to 5.0 percent 

range (this category does not include 

aqueous chloroprene/methacrylic acid 

dipolymer dispersion products or 

solvent solutions of chloroprene/ 

methacrylic acid dipolymers) are 

excluded from the scope of the 

antidumping duty order; October 31, 

2008. 

A–588–046: Polychloroprene Rubber 

from Japan. Requestor: DuPont 

Performance Elastomers L.L.C; aqueous 

dispersions of 2-chlorobutadiene-1,3 

homopolymers, where the polymer 

content of the dispersion is between 55 

weight percent and 61 weight percent 

and the dispersed homopolymer 

contains less than 10 weight percent of 

a tetrahydrofuran-insoluble fraction are 

excluded from the scope of the 

antidumping duty order; December 12, 

2008. 

People’s Republic of China 

A–570–504: Petroleum Wax Candles 

from the People’s Republic of China. 

Requestor: Sourcing International, LLC; 

Red Rose Stem (HM65975W–G); White 

and Yellow Poppies (HM65895R); Water 

Lotus (HM52305LB); Spotted Orchid 

(HM12066); and Bouquet of Pom Pom 

(HM65833W–G) novelty candles are not 

within the scope of the antidumping 

duty order; October 20, 2008. 

A–570–827: Cased Pencils from the 

People’s Republic of China. Requestor: 

Walgreen Co.; the ‘‘ArtSkills Stencil 

Kit’’ is not within the scope of the 

antidumping duty order; October 8, 

2008. 

A–570–882: Refined Brown 

Aluminum Oxide from the People’s 

Republic of China. Requestor: 3M 

Company; semi-friable aluminum oxide 

and heat-treated aluminum oxide are 

within the scope of the antidumping 

duty order; October 1, 2008. 

A–570–886: Polyethylene Retail 

Carrier Bags from the People’s Republic 

of China. Requestor: Rayton Produce 

Packaging Inc.; promotional bag (model 

# F–OPPAPEJZLG) is within the scope 

of the antidumping duty order; October 

2, 2008. 

A–570–886: Polyethylene Retail 

Carrier Bags from the People’s Republic 

of China. Requestor: Majestic 

International; certain polyethylene gift 

bags (UPC codes starting with 8–51603- 

and ending with: 00002–3, 00004–7, 

00140–2, 00141–9, 00142–6, 00041–2, 

00040–5, 00052–8, 00059–7, 00066–5, 

00068–9, 00071–9, 00072–6, 00075–7, 

00076–4, 00092–4, 00093–1, 00094–8, 

00098–6, 00131–0, 00132–7, 00133–4, 

00144–0, 00145–7, 00152–5, 00153–2, 

00155–6, 00156–3, 00160–0, 00163–1, 

00165–5, 00166–2, 00175–4, 00176–1, 

00181–5, 00183–9, 00226–3, 00230–0, 

00231–7, 00246–1, 00251–5, 00252–2, 


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