[Federal Register: November 10, 2009 (Volume 74, Number 216)]
[Notices]
[Page 57993-57994]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no09-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-807]
Polyethylene Terephthalate Film, Sheet, and Strip from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 6, 2009 the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping order on polyethylene terephthalate film, sheet and strip
(PET film) from the Republic of Korea (Korea). See Polythylene
Terephthalate Film, Sheet, and Strip from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
31922 (July 6, 2009) (Preliminary Results). This review covers one
manufacturer/exporter of the subject merchandise to the United States,
Kolon Industries, Inc. (Kolon). The period of review (POR) is October
2, 2007, through May 31, 2008.
Based on our analysis of the comments received, we have made
changes in the margin calculation for Kolon. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margin is listed below in the section entitled ``Final Results
of Review.''
EFFECTIVE DATE: November 10, 2009.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers one manufacturer/exporter of the subject
merchandise, Kolon. On July 6, 2009, the Department published in the
Federal Register the preliminary results of the October 2, 2007,
through May 31, 2008, administrative review of the antidumping order on
PET film from Korea. See Preliminary Results.
We invited interested parties to comment on the preliminary results
of review. On August 5, 2009, we received comments from Kolon. We
received no rebuttal comments. The Department has conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
Scope of the Order
Imports covered by this review are shipments of all gauges of raw,
pretreated, or primed polyethylene terephthalate film, sheet, and
strip, whether extruded or coextruded. The films excluded from this
review 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 (0.254 micrometers) thick. PET film is currently classifiable
under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS
subheading is provided for convenience and for customs purposes. The
written description remains dispositive as to the scope of the product
coverage.
Analysis of Comments Received
All issues raised in the case brief submitted by Kolon are
addressed in the ``Issues and Decision Memorandum'' (Decision
Memorandum) from Edward M. Yang, Senior Executive Coordinator,
[[Page 57994]]
China/NME Unit, to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration, dated November 3, 2009, which is adopted by this
notice. A list of issues which parties have raised is in the Decision
Memorandum and is attached to this notice as an appendix. Parties can
find a complete discussion of all issues raised in this review and the
corresponding recommendations in the Decision Memorandum which is on
file in the Central Records Unit, Room 1117, of the main Commerce
Building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at http://www.ia.ita.doc.gov/frn.
The paper copy and the electronic version of the Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. These changes are discussed
in the relevant sections of the Decision Memorandum and the Memorandum
to the File from Michael J. Heaney dated November 3, 2009 (Analysis
Memorandum). Specifically, for these final results:
1) We have deducted from NV the inland freight expenses incurred by
Kolon in shipping PET film from its plant to its warehouse.
2) We have calculated a single, importer-specific assessment rate
for Kolon's CEP sales.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period October 2, 2007, through May 31, 2008:
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Manufacturer / Exporter Margin
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Kolon Industries, Inc................................... 0.13 percent
(de minimis)
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Assessment
Since the final rate for Kolon Industries, Inc. is de minimis, the
Department will instruct Customs and Border Protection (CBP) to assess
no dumping duties on the entries covered by this review. The Department
intends to issue appraisement instructions to CBP 15 days after the
date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this final results of review for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) because the rate for Kolon is de
minimis, i.e., less than 0.5 percent, no cash deposit will be required
for Kolon; (2) if the exporter is not a firm covered in this review or
the less than fair value (LTFV) investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (3) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review, the cash deposit rate will be the all-others rate of 21.50
percent from the LTFV investigation. See Polyethylene Terephthalate
Film, Sheet, and Strip From the Republic of Korea; Notice of Final
Court Decision and Amended Final Determination of Anti-Dumping Duty
Investigation, 62 FR 50557 (September 26, 1997).\1\
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\1\ The Preliminary Results incorrectly listed the all others
rate as 4.82 percent. However, that 4.82 cash deposit rate was
amended because of judicial review to the 21.50 percent rate listed
in this notice.
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Notification to Interested Parties
The Department will disclose calculations performed in connection
with the final results of review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/disposition of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing this determination in accordance with
section 751(a)(1) and 777(i) of the Act.
Dated: November 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix-Comments in Decision Memo
1. Inland Freight incurred by Kolon from plant to warehouse
2. Calculation of a single, importer-specific assessment rate for
Kolon's CEP sales
3. Zeroing
[FR Doc. E9-27078 Filed 11-09-09; 8:45 am]
BILLING CODE 3510-DS-S