[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1135-1136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-145]
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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 the Expedited Third Five-Year
(Sunset) Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 1, 2010, the Department of Commerce (the
Department) initiated the third sunset review of the antidumping duty
order on polyethylene terephthalate film, sheet, and strip from the
Republic of Korea, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). The Department has conducted an expedited
(120-day) sunset review pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As
a result of this sunset review, the Department finds that revocation of
the antidumping duty order would be likely to lead to continuation or
recurrence of dumping at the levels indicated in the ``Final Results of
Review'' section of this notice.
FOR FURTHER INFORMATION CONTACT: 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) 482-1121, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION
Background
On September 1, 2010, the Department initiated the third sunset
review of the antidumping duty order on polyethylene terephthalate
film, sheet, and strip from the Republic of Korea, pursuant to section
751(c) of the Act. See Initiation of Five-Year (``Sunset'') Review, 75
FR 53664 (September 1, 2010) (Notice of Initiation).
The Department received a notice of intent to participate from
DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and
Toray Plastics (America), Inc. (collectively, ``petitioners'' or
``domestic interested parties''), within the deadline specified in 19
CFR 351.218(d)(1)(i). The petitioners claimed domestic interested party
status under section 771(9)(C) of the Act stating that they are
producers in the United States of a domestic like product.
The Department received a response to the Notice of Initiation from
the
[[Page 1136]]
domestic interested parties on October 1, 2010, within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i). On October 20, 2010, the
domestic interested parties submitted a correction to their response,
correcting certain inaccuracies. We received no substantive responses
from respondent interested parties. We determined the response of the
domestic interested parties to be an adequate substantive response in
accordance with 19 CFR 351.218(d)(3). As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited (120-day) sunset review of the
antidumping duty order on polyethylene terephthalate film, sheet, and
strip from the Republic of Korea.
Scope of the Order
Imports covered by the 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.
Polyethylene terephthalate film, sheet, and strip 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 this sunset review are addressed in ``Issues
and Decision Memorandum for the Final Results of Expedited Third Sunset
Review of the Antidumping Duty Order on Polyethylene Terephthalate
Film, Sheet, and Strip from the Republic of Korea'' from Edward C.
Yang, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration (Issues and Decision
Memorandum), which is hereby adopted by, and issued concurrently with,
this notice. The issues discussed in the Issues and Decision Memorandum
are the likelihood of continuation or recurrence of dumping and the
magnitude of the margins likely to prevail if the order was revoked.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum
which is on file in the Central Records Unit, room 7046 of the main
Commerce Department building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Web at
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the
Issues and Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order on
polyethylene terephthalate film, sheet and strip from the Republic of
Korea would be likely to lead to continuation or recurrence of dumping
at the following weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-
average
Manufacturers/Exporters/ Producers margin
(percent)
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SKC Limited................................................ 13.92
All Others................................................. 21.50
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These dumping margins are from the Less-Than-Fair-Value
Investigation, as amended pursuant to remand in E.I. Dupont de Nemours
& Co., Inc. v. United States, 954 F. Supp. 263 (CIT 1997). 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
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 29, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-145 Filed 1-6-11; 8:45 am]
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