Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Extruded Rubber Thread From Indonesia

[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27755-27756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13071]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration
[A-560-803]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Extruded Rubber Thread From Indonesia

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

EFFECTIVE DATE: May 21, 1999.

FOR FURTHER INFORMATION CONTACT: Russell Morris or Eric B. Greynolds, 
Office of AD/CVD Enforcement VI, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1775 or (202) 482-6071, respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of Commerce 
(``Department'') regulations are to the regulations at 19 CFR Part 351 
(April 1998).

Scope of the Investigation

    For purposes of this investigation, the product covered is extruded 
rubber thread (``ERT'') from Indonesia. ERT is defined as vulcanized 
rubber thread obtained by extrusion of stable or concentrated natural 
rubber latex of any cross sectional shape, measuring from 0.18 mm, 
which is 0.007 inches or 140 gauge, to 1.42 mm, which is 0.056 inch or 
18 gauge, in diameter.
    ERT is currently classified under subheading 4007.00.00 of the 
Harmonized Tariff Schedule (``HTS''). Although the HTS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of this investigation is dispositive.

Antidumping Duty Order

    On March 26, 1999, the Department of Commerce (``Department'') 
published the final determination of its antidumping duty investigation 
of extruded rubber thread from Indonesia. This investigation covers two 
respondents, P.T. Swasthi Parama Mulya (``Swasthi'') and P.T. Bakrie 
Rubber Industries (``Bakrie''). See Notice of Final Determination of 
Sales at Less than Fair Value: Extruded Rubber Thread from Indonesia, 
64 FR 14690, (March 26, 1999).
    Swasthi submitted a ministerial error allegation on April 6, 1999 
with respect to the final determination. Based on the analysis of the 
these ministerial errors made in the final determination, we are 
amending our final determination (the Department has corrected the 
program language to convert the foreign price unit of measurement from 
kilograms to pounds; revised an overstatement of the marine insurance 
premium in the rebate calculation; and corrected a ministerial error in 
the comparison of U.S. sales to sales of the most similar foreign like 
product made in the ordinary course of trade). For detailed information 
on the ministerial errors, see Memorandum to the Deputy Assistant 
Secretary for AD/CVD Enforcement II from David Mueller, Director, 
Office of AD/CVD Enforcement dated April 19, 1999, concerning Amendment 
to Notice of Final Determination of Sales at Less Than Fair Value: 
Extruded Rubber Thread from Indonesia, public version, on file in the 
Central Record Unit, Room B-099, Main Commerce Building. Accordingly, 
we are amending the final determination, pursuant to 19 CFR 351.224(e).
    On May 7, 1999, in accordance with section 735(d) of the Act, the 
U.S. International Trade Commission (``ITC'') notified the Department 
that a U.S industry is ``threatened with material injury,'' within the 
meaning of section 735(b)(1)(A)(ii) of the Act, by reason of imports of 
ERT from Indonesia. The ITC did not determine, pursuant to section 
735(b)(4)(B) of the Act, that, but for the suspension of liquidation of 
entries of the subject merchandise, the domestic industry would have 
been materially injured.
    When the ITC finds threat of material injury, and makes a negative 
``but for'' finding under section 735(b)(4)(B) of the Act, the 
``Special Rule'' provision of section 736(b)(2) of the Act applies. 
Therefore, only unliquidated entries of ERT from Indonesia, entered or 
withdrawn from warehouse, for consumption on or after May 12, 1999, the 
date on which the ITC published its notice of final determination of 
threat of material injury in the Federal Register (64 FR 25515), are 
liable for the assessment of antidumping duties. Accordingly, the 
Department will direct the Customs Service to terminate the suspension 
of liquidation for entries of ERT from Indonesia entered, or withdrawn 
from warehouse, for consumption before May 12, 1999, the date on which 
the ITC published its notice of final determination of threat of 
material injury in the Federal Register, and to release any bond or 
other security, and refund any cash deposit, posted to secure the 
payment of estimated antidumping duties with respect to these entries.
    Therefore, in accordance with section 736 of the Act, the 
Department will direct the United States Customs Service to assess, 
upon further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price and constructed export price of the merchandise for all relevant 
entries of extruded rubber thread from Indonesia. Subject merchandise 
from Indonesia which is entered or withdrawn from warehouse, for 
consumption on or after May 12, 1999, the date on which the ITC 
published its notice of final determination of threat of material 
injury in the Federal Register, shall be subject to the assessment of 
antidumping duties under section 731 of the Act, and the administering 
authority shall release any bond or other security, and refund any cash 
deposit made, to secure the payment of antidumping duties with respect 
to entries of the merchandise entered, or withdrawn from warehouse, for 
consumption before May 12, 1999.
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, the cash deposits 
listed below for the subject merchandise. The All Others rate applies 
to all exporters of subject merchandise not specifically listed below.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
P.T. Bakrie Rubber Industry................................        28.29
P.T. Swasthi Parama Mulya..................................         5.13

[[Page 27756]]

 
All Others.................................................        24.00
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
extruded rubber thread from Indonesia, pursuant to section 736(a) of 
the Act. Interested parties may contact the Central Records Unit, Room 
B-099 of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: May 17, 1999.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-13071 Filed 5-20-99; 8:45 am]
BILLING CODE 3510-DS-P