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

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