[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70901-70903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29271]
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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 14, 2010 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 Polyethylene
Terephthalate Film, Sheet, and Strip from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
40784 (July 14, 2010) (Preliminary Results). This review covers one
manufacturer/exporter of the subject merchandise to the United States,
Kolon Industries, Inc. (Kolon).
[[Page 70902]]
The period of review (POR) is June 1, 2008, through May 31, 2009.
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.''
DATES: Effective Date: November 19, 2010.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold 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-
5604 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers one manufacturer/exporter of the subject
merchandise, Kolon. On July 14, 2010, the Department published in the
Federal Register the preliminary results of the June 1, 2008, through
May 31, 2009, 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 13, 2010, we received comments from DuPont Teijin
Films, Mitsubishi Polyester Film, Inc., SKC, Inc. and Toray Plastics
(America), Inc. (collectively petitioners) and Kolon. On August 18,
2010, we received rebuttal comments from Kolon. 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 order 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 more than 0.00001
inches (0.254 micrometers) thick.
PET film is currently classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) subheading 3920.62.00. The HTSUS
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 briefs submitted by Kolon and
petitioners are addressed in the ``Issues and Decision Memorandum''
(Decision Memorandum) from Susan H. Kuhbach, Acting Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Ronald
K. Lorentzen, Deputy Assistant Secretary for Import Administration,
dated November 12, 2010, 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 7046, of the main Commerce Building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Web at http:[sol][sol]www.ia.ita.doc.gov[sol]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 which are discussed in the
relevant sections of the Decision Memorandum and the Memorandum to the
File, ``Analysis of Data Submitted by Kolon Industries, Inc. (Kolon)
for the Final Results of Polyethylene Terephthalate Film, Sheet, and
Strip from Korea (A-580-807)'', dated November 12, 2010.
Specifically, we have made the following changes to the margin
calculation:
We revised Kolon's general and administrative expense
ratio to (1) exclude from the numerator a reported gain on the sale of
land; and (2) offset the denominator by the reported scrap revenue sold
during the POR.
We also corrected clerical errors identified by Kolon
which relate to SAS programming language in the U.S. Margin Program. In
particular, we modified the U.S. Margin Program to reflect numeric
values for certain product characteristics originally assigned a
character value in the Preliminary Results.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period June 1, 2008, through May 31, 2009:
------------------------------------------------------------------------
Manufacturer/exporter Margin
------------------------------------------------------------------------
Kolon Industries, Inc..................... de minimis (0.28
percent).
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Assessment
Pursuant to 19 CFR 351.212(b), the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries. The
Department will issue appropriate assessment instructions directly to
CBP 15 days after the date of publication of the final results of this
review. For assessment purposes, where possible, we calculated
importer-specific (or customer-specific) ad valorem assessment rates
for PET film from Korea based on the ratio of the total amount of the
dumping duties calculated for the examined sales to the total entered
value of those same sales. See 19 CFR 351.212(b). However, where Kolon
did not report the entered value for its sales, we will calculate
importer-specific (or customer-specific) per unit duty assessment
rates. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any assessment rate
calculated in the final results of this review is above de minimis.
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 Antidumping Duty
Investigation, 62 FR 50557 (September 26, 1997).
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
[[Page 70903]]
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 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Comments in Decision Memo
Comment 1: Clerical Error
Comment 2: Kolon's Profit Ratios
Comment 3: G&A Expense Ratio (Gain on Sale of Land)
Comment 4: G&A Expense Ratio (Calculation of the Denominator)
Comment 5: U.S. Indirect Selling Expenses
Comment 6: Domestic Inland Freight
Comment 7: Offsetting of Negative Margins
[FR Doc. 2010-29271 Filed 11-18-10; 8:45 am]
BILLING CODE 3510-DS-P