[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Page 58520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23208]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-805]


Extruded Rubber Thread From Malaysia; Notice of Amended Final 
Results of Antidumping Duty Administrative Review

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

DATES: Effective Date: [Insert date of publication in the Federal 
Register].

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC, 20230; telephone (202) 482-3874.

SUPPLEMENTARY INFORMATION:

Amended Final Results

    On March 16, 1998, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on extruded rubber thread from Malaysia.\1\ The 
period of review (POR) is October 1, 1995, through September 30, 1996.
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    \1\ See Extruded Rubber Thread From Malaysia; Final Results of 
Antidumping Duty Administrative Review, 63 FR 12752 (Mar. 16, 1998) 
(Final Results).
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    Following the publication of the final results, Heveafil Sdn. 
Bhd.\2\ and Filmax Sdn. Bhd. (collectively, ``Heveafil'') filed a 
lawsuit with the United States Court of International Trade (CIT) 
challenging the Department's use of adverse facts available (AFA) to 
determine its dumping margin. On February 28, 2001, the CIT affirmed 
the Department's Final Results in relevant part.\3\
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    \2\ Heveafil Sdn. Bhd. is also known as Heveafil Sdn.
    \3\ See Heveafil et al. v. United States, Slip Op. 2001-23 (CIT 
2001). While the CIT remanded to the Department its duty absorption 
inquiry, on August 9, 2001, it affirmed the Department's final 
results of remand redetermination on this issue. As the result of 
the remand redetermination, the Department did not change Heveafil's 
AFA rate.
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    Heveafil appealed the CIT's February 28, 2001, decision before the 
Court of Appeals for the Federal Circuit (CAFC). On March 19, 2003, the 
CAFC affirmed the Department's use of AFA to determine Heveafil's 
dumping margin in the Final Results; however, it remanded to the CIT 
the specific rate assigned as AFA because the source of the 
corroboration of this rate was invalidated after the Final Results.\4\ 
Pursuant to the CAFC's decision, on May 28, 2003, the CIT remanded this 
case to the Department to assign a new AFA margin to Heveafil.\5\ On 
September 4, 2003, the Department filed its remand results with the 
Court, assigning Heveafil a revised AFA margin of 52.89 percent.\6\
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    \4\ See Heveafil Sdn. Bhd. v. U.S., 58 Fed. Appx. 843 (Fed. Cir. 
2003).
    \5\ See Heveafil Sdn. Bhd. and Filati Lastex Sdn. Bhd. v. United 
States, Court No. 98-00908 (CIT May 28, 2003).
    \6\ The Court had stayed this litigation pending the outcome of 
a challenge to the effective date of the revocation of the order on 
extruded rubber thread from Malaysia. See Extruded Rubber Thread 
From Malaysia; Notice of Final Results of Changed Circumstances 
Review of the Antidumping Duty Order and Intent To Revoke 
Antidumping Duty Order, 69 FR 51989 (Aug. 24, 2004) (Revocation of 
AD Order).
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    On June 25, 2013, the United States and Heveafil entered into an 
agreement to settle this dispute and requested a stipulated judgment. 
On September 4, 2013, the CIT issued an order of stipulated judgment. 
Consistent with the June 2013 agreement and the stipulated judgment, we 
will instruct U.S. Customs and Border Protection to liquidate all 
unliquidated entries of certain extruded rubber thread from Malaysia 
produced and/or exported by Heveafil, and entered, or withdrawn from 
warehouse, for consumption in the United States during the POR at the 
rate of duty in effect at the time of entry. However, we are not 
establishing a revised cash deposit rate for Heveafil because the 
antidumping duty order on extruded rubber thread from Malaysia was 
revoked on August 24, 2004, with an effective date of October 1, 
2003.\7\
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    \7\ See Revocation of AD Order, 69 FR at 51989.
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    We are issuing this determination and publishing these amended 
final results and notice in accordance with 19 U.S.C. 1516a(e).

    Dated: September 18, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-23208 Filed 9-23-13; 8:45 am]
BILLING CODE 3510-DS-P