AD/CVD message 3183305 - Out-of-scope preliminary determination - antidumping duty order on granular polytetrafluoroethylene resin from Italy (A-475-703)

3183305
Jul 02, 2013
Active

Effective Date: Apr 20, 1988

Notice of Lifting of Suspension Date: Apr 20, 1988

Category: Antidumping • Type: Liquidation Instructions • Sub type: OUTSCO-Out of Scope • Cases: A-475-703

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.

1. Commerce received a scope ruling request from Industrial Plastics and Machine, Inc. Commerce issued a preliminary scope determination on 04/26/2013 that certain granular polytetrafluoroethylene resin products that are processed in Italy by Guarniflon S.p.A. using raw unfilled granular polytetraflouroethylene resin from Russia or the PRC and, in some cases, also processed using glass fiber from Japan; that are subsequently exported from Italy by Guarniflon S.p.A.; and that are imported into the United States by Industrial Plastics and Machine, Inc. are not within the scope of the antidumping duty order on granular polytetrafluoroethylene resin from Italy (A-475-703).

2. Commerce preliminarily determined that certain granular polytetraflouroethylene resin products, exported from Italy by Guarniflon S.p.A., imported into the United States by Industrial Plastics and Machine, Inc., and as described in paragraph 1, are outside the scope of the order because the record evidence indicates that these products do not undergo substantial transformation in Italy. The record evidence includes evidence on the class or kind of merchandise imported into Italy and exported to the United States; on the nature and sophistication of the processing taking place in Italy; on the physical and chemical properties and the essential component of the merchandise imported into Italy compared with those of the merchandise exported to the United States; on the cost of processing in Italy; and on the ultimate use of the product imported into Italy compared to the ultimate use of the product exported to the United States. Consequently, Commerce preliminarily determined that Italy is not the country of origin of these products.

3. In accordance with 19 CFR 351.225(l)(2), effective 04/20/1988, CBP shall terminate suspension and liquidate all unliquidated entries entered, or withdrawn from warehouse, for consumption of certain granular polytetraflouroethylene resin products, exported from Italy by Guarniflon S.p.A. and imported into the United States by Industrial Plastics and Machine, Inc., described in paragraphs 1 and 2.

4. Refund any cash deposits and release any bonds relating to certain granular polytetraflouroethylene resin products, exported from Italy by Guarniflon S.p.A. and imported into the United States by Industrial Plastics and Machine, Inc. , described in paragraphs 1 and 2.

5. These instructions constitute notice of the lifting of suspension of liquidation of entries of certain granular polytetraflouroethylene resin products, exported from Italy by Guarniflon S.p.A. and imported into the United States by Industrial Plastics and Machine, Inc., described in paragraphs 1 and 2, and entered, or withdrawn from warehouse, for consumption on or after 04/20/1988.

6. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

7. Unless instructed otherwise, for all other shipments of granular polytetrafluoroethylene resin from Italy not covered by paragraph 2 above, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise subject to the antidumping duty order at the current rates.

8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O1:MK.)

9. There are no restrictions on the release of this information.

Michael B. Walsh