[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Notices]
[Pages 45222-45223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22688]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-580-807]


Polyethylene Terephthalate Film, Sheet, and Strip From the 
Republic of Korea; Amendment of Final Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amendment of final results of antidumping duty 
administrative review.

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SUMMARY: On July 16, 1997, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on polyethylene terephthalate (PET) film, sheet, 
and strip from the Republic of Korea (62 FR 38064). The review covered 
two manufacturers/exporters of the subject merchandise to the United 
States and the period June 1, 1995 through May 31, 1996. Based on the 
correction of a ministerial error made in those final results, we are 
publishing this amendment in accordance with 19 CFR 353.28(c).

EFFECTIVE DATE: August 26, 1997.

FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig, 
AD/CVD Enforcement Group III, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3019 or 3833, respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(the Act), are references to the provisions effective January 1, 1995, 
the effective date of the amendments made to the Act by the Uruguay 
Round Agreements Act. In addition, unless otherwise indicated, all 
references to the Department's regulations are to the regulations as 
codified at 19 CFR part 353 (April 1997).

SUPPLEMENTARY INFORMATION:

Background

    On July 16, 1997, the Department published the final results of its 
administrative review of the antidumping duty order on polyethylene 
terephthalate (PET) film, sheet, and strip from the Republic of Korea 
(62 FR 38064). Neither petitioners nor respondents submitted comments 
on the final results in accordance with 19 CFR 353.28.
    For the period of review (POR), June 1, 1995 through May 31, 1996, 
the Department calculated de minimis (e.g., less than 0.5 percent) 
weighted-average dumping margins for both SKC Limited (SKC) and STC 
Corporation (STC), the two manufacturers/exporters subject to review. 
However, the final results erroneously indicated that cash deposit 
rates for the companies would be the company-specific rates calculated 
during the POR. We are amending the final results to correct this 
ministerial error. Because the weighted-average dumping margins for 
both companies are de minimis during the POR, the cash deposit rate 
will be zero percent for both companies. (See 19 CFR 353.6). These 
deposit rates are in effect as of the date of publication of the final 
results of this administrative review (July 16, 1997) and shall remain 
in effect until publication of the final results of the next 
administrative review.

Amended Final Results of Review

    As the correction of the ministerial error did not require a 
recalculation of the weighted-average dumping margins, the margins 
continue to be:

------------------------------------------------------------------------
                                                                Margin  
        Manufacturer/exporter            Period of review     (percent) 
------------------------------------------------------------------------
SKC Limited..........................     06/01/95-05/31/96         0.45
STC Corporation......................     06/01/95-05/31/96         0.37
------------------------------------------------------------------------


[[Page 45223]]

The Department shall determine, and the Customs Service shall assess, 
antidumping duties on all appropriate entries. Individual differences 
between export price and normal value may vary from the percentages 
stated above. The Department will issue appraisement instructions 
directly to the Customs Service.
    Furthermore, the following deposit requirements are in effect as of 
the date of publication of the final results of this administrative 
review (July 16, 1997) for all shipments of PET film from the Republic 
of Korea within the scope of the order entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review (July 16, 1997), as 
provided by section 751(a)(1) of the Tariff Act: (1) Because the 
weighted-average dumping margins for SKC and STC are de minimis, the 
cash deposit rates for these companies will be zero percent; (2) for 
previously reviewed or investigated companies not listed above, the 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original 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 (4) for all other producers and/or exporters of 
this merchandise, the cash deposit rate will be 21.50 percent, the 
``all others'' rate established in the remand redetermination of the 
LTFV investigation, as explained below. These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review.
    On May 20, 1996, pursuant to court remand, the Department 
recalculated the weighted-average dumping margins for the LTFV 
investigation. As a result of the recalculation, the Department 
established an ``all others'' rate of 21.50 percent. Final 
Determination on Remand Pursuant to Court Order, E.I. Dupont de Nemours 
& Co., Inc. versus United States, Court No. 91-07-00487, Slip Op. 96-56 
(March 20, 1996). On February 5, 1997, the CIT affirmed the 
Department's remand redetermination of the LTFV investigation. E.I. 
DuPont De Nemours & Co., Inc., versus United States, Court No. 91-07-
00487, Slip Op. 97-17 (February 5, 1997). Accordingly, 21.50 percent is 
the ``all others'' rate established in the LTFV investigation. Pursuant 
to the CIT decisions in Floral Trade Council versus United States, 822 
F. Supp. 766 (CIT 1993) and Federal Mogul Corporation versus United 
States, 822 F. Supp. 782 (CIT 19930, this ``all others'' rate can only 
be changed through an administrative review.
    These amended final results of administrative review and notice are 
in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C. 
1675(a)(1) and 19 CFR 353.28(c).

    Dated: August 15, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-22688 Filed 8-25-97; 8:45 am]
BILLING CODE 3510-DS-M