[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]               
[Page 26080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-46]                         


[[Page 26080]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]

 
Continuation of Countervailing Duty Order on Polyethylene 
Terephthalate Film, Sheet, and Strip from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the countervailing duty order on Polyethylene 
Terephthalate (PET) Film, Sheet, and Strip from India would be likely 
to lead to continuation or recurrence of countervailable subsidies and 
material injury to an industry in the United States, the Department is 
publishing a notice of continuation for this countervailing duty order.

EFFECTIVE DATE: May 8, 2008.

CONTACT INFORMATION: Elfi Blum or Dana Mermelstein, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0197 or (202) 482-1391, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated and the ITC instituted a sunset review of 
the countervailing duty order on PET Film, Sheet, and Strip from India, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). See Initiation of Five-year (``Sunset'') Reviews, 72 FR 30544 
(June 1,2007) (Initiation).
    As a result of its review, the Department found that revocation of 
the countervailing duty order would likely lead to a continuation or 
recurrence of countervailable subsidies, and therefore notified the ITC 
of the magnitude of the rates likely to prevail were the order to be 
revoked. See Polyethylene Terephthalate Film, Sheet, and Strip from 
India, 72 FR 57300 (October 9, 2007) (Final Sunset Review PET Film from 
India).
    On April 10, 2008, the ITC determined, pursuant to section 751(c) 
of the Act, that revocation of the countervailing duty order on PET 
Film, Sheet, and Strip from India would likely lead to a continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Polyethylene Terephthalate 
(PET) Film, Sheet, and Strip from India and Taiwan (Inv. Nos. 701-TA-
415 and 731-TA-933-934, USITC Publication 3994 (Review)(April 2008)).

Scope of the Order

    The products covered by this order are all gauges of raw, 
pretreated or primed PET film, whether extruded or coextruded. Excluded 
are metallized films and other finished films that have had at least 
one of their surfaces modified by the application of a performance-
enhancing resinous or inorganic layer of more than 0.00001 inches 
thick. Imports of PET film are currently classifiable in the Harmonized 
Tariff Schedule of the United States (``HTSUS'') under item number 
3920.62.90. Although the HTSUS subheadings are provided for the 
convenience and customs purposes, the written description of the scope 
of these orders is dispositive. Since this order was published, there 
has been one scope determination for PET film from India, dated August 
25, 2003. In this determination, requested by International Packaging 
Films Inc., the Department determined that tracing and drafting film is 
outside of the scope of the order on PET film from India. See Notice of 
Scope Rulings, 70 FR 24533 (May 10, 2005).

Continuation of Order

    As a result of these determinations by the Department and the ITC 
that revocation of the countervailing duty order would be likely to 
lead to continuation or recurrence of countervailable subsidies and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the countervailing duty order on PET Film from India. 
U.S. Customs and Border Protection will continue to collect cash 
deposits at the rate in effect at the time of entry for all imports of 
subject merchandise.
    The effective date of continuation of this order is the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 30 days 
prior to the fifth anniversary of the effective date of continuation.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: May 2, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-10273 Filed 5-7-08; 8:45 am]

BILLING CODE 3510-DS-S