[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Notices]
[Pages 43118-43120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20556]
-----------------------------------------------------------------------
[[Page 43119]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-814]
Polyethylene Terephthalate Film, Sheet, and Strip From Japan;
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent To Revoke Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke order.
-----------------------------------------------------------------------
SUMMARY: On June 5, 1991, the Department of Commerce (the Department)
published an antidumping duty order on polyethylene terephthalate film,
sheet, and strip from Japan. On July 7, 1995, E.I. Du Pont de Nemours &
Company, Hoechst Celanese Corporation and ICI Americas Inc., (together,
the petitioners in this proceeding), submitted a request for a changed
circumstances administrative review and revocation of the order on the
basis that the order no longer is of interest to the petitioners. Based
on the fact that this order is no longer of interest to petitioners, we
intend, preliminarily, to revoke this order.
EFFECTIVE DATE: August 18, 1995.
FOR FURTHER INFORMATION CONTACT: Arthur N. DuBois or Thomas Futtner,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, D.C. 20230; telephone: (202) 482-
6312/3814.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 1991, the Department published in the Federal Register
(59 FR 9960) an antidumping duty order on polyethylene terephthalate
film, sheet, and strip from Japan.
On July 7, 1995, the petitioners submitted a request for a changed
circumstances administrative review and revocation of the order on the
basis that the order no longer is of interest to the petitioners.
Scope of the Review
Imports covered by the review are shipments of all gauges of raw,
pretreated, or primed PET film, sheet, and strip, whether extruded or
coextruded. The films excluded from the scope of this order are
metallized films and other finished films that have had a least one of
their surfaces modified by the application of performance-enhancing
resin or inorganic layer more than 0.00001 inches (0.254 micrometers)
thick. Roller transport cleaning film which has at least one of its
surfaces modified by the application of 0.5 micrometers of SBR latex
has also been ruled as not within the scope of the order.
PET film from Japan is currently classifiable under Harmonized
Tariff Schedule (HTS) item number 3920.62.0000. The HTS item numbers
are provided for convenience and for Customs purposes only. The written
descriptions remain dispositive.
This changed circumstance administrative review covers all
manufacturers/exporters of pet film from Japan.
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent To Revoke Order
Pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act), the Department may revoke an antidumping duty order if the
Department determines, based on a review under section 751(b)(1) of the
Act, that changed circumstances exist sufficient to warrant revocation.
Section 751(b)(1) of the Act requires a changed circumstances
administrative review to be conducted upon receipt of a request
containing sufficient information concerning changed circumstances.
19 CFR 353.25(d)(2) permits the Department to conduct an
administrative review under Sec. 353.22(f) based upon an affirmative
statement of no interest from the petitioner in the proceeding. Section
353.25(d)(1)(i) further provides that, if the Department determines
that the order under review is no longer of interest to domestic
interested parties, the Department may revoke the antidumping duty
order. In addition, in the event the Department concludes that
expedited action is warranted, Sec. 353.22(f)(4) of the regulations
permits the Department to combine the notices of initiation and
preliminary results.
Therefore, in accordance with sections 751(b) (1) and (c) of the
Act and 19 CFR 353.25(d) and 353.22(f), based on an affirmative
statement of no interest in the proceeding by the petitioners, the
Department is initiating this changed circumstances administrative
review. Further, based on the representation made by petitioners that
other U.S. producers and potential producers of this merchandise have
no interest in the order, we have determined that expedited action is
warranted, and we have preliminarily determined that the order no
longer is of interest to domestic interested parties. Because the
Department concludes that expedited action is warranted, the Department
is combining these notices of initiation and preliminary results. The
Department determines that there is a reasonable basis to believe that
the requirement for revocation based on the changed circumstance that
the order no longer is of interest to domestic interested parties has
been met. Therefore, we are hereby notifying the public of our intent
to revoke the antidumping duty order on pet film from Japan.
In the event that this revocation becomes final, the effective date
of revocation will be June 1, 1992, which is the beginning of the
currently pending second administrative review.
If final revocation occurs, we intend to instruct the U.S. Customs
Service (Customs) to liquidate without regard to antidumping duties and
to refund any estimated antidumping duties collected for all
unliquidated entries of subject merchandise made on or after the above
effective date of revocation, in accordance with 19 CFR 353.25(d)(5).
We will also instruct Customs to refund with interest estimated
antidumping duties collected for entries made on or after June 1, 1992,
in accordance with section 778 of the Act. The current requirement for
a cash deposit of estimated antidumping duties will continue until
publication of the final results of this changed circumstances review.
Public Comment
Any interested party may request a hearing within 10 days of the
date of publication of this notice. Any hearing, if requested, will be
held no later than 28 days after the date of publication of this
notice, or the first workday thereafter. Case briefs and/or written
comments from interested parties may be submitted not later than 14
days after the date of publication of this notice. Rebuttal briefs and
rebuttals to written comments, limited to the issues raised in those
comments, may be filed not later than 21 days after the date of
publication of this notice. All written comments shall be submitted in
accordance with 19 CFR 353.31(e) and shall be served on all interested
parties on the Department's service list in accordance with 19 CFR
353.31(g). Persons interested in attending the hearing should contact
the Department for the date and time of the hearing. The Department
will publish the final results of this changed circumstances
[[Page 43120]]
review including the results of its analysis of issues raised in any
written comments.
This notice is in accordance with Secs. 751(b) (1) and (c) of the
Act and sections 353.22(a)(5), 353.22(f) and 353.25(d) of the
Department's regulations.
Dated: August 11, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-20556 Filed 8-17-95; 8:45 am]
BILLING CODE 3510-DS-P