[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Pages 42670-42671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20226]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-580-807]


Polyethylene Terephthalate Film, Sheet and Strip From Korea: 
Final Results of Antidumping Duty New Shipper Review

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

ACTION: Notice of final results of antidumping duty new shipper review.

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SUMMARY: On May 10, 1999, the Department of Commerce (the Department) 
published the preliminary results of the new shipper review of the 
antidumping duty order on polyethylene terephthalate film, sheet, and 
strip (PET film) from the Republic of Korea (64 FR 25014). The review 
covers one manufacturer/exporter of the subject merchandise to the 
United States and the period June 1, 1997 through May 31, 1998. We gave 
interested parties an opportunity to comment on the preliminary 
results. We received no comments.
    We have determined that HSI Industries (HSI) made no U.S. sales 
below normal value, and we will instruct the U.S. Customs Service to 
assess no antidumping duties for HSI for the period covered by this new 
shipper review.

EFFECTIVE DATE: August 5, 1999.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or John Kugelman, 
AD/CVD Enforcement Group III, Office 8, Import Administration, 
International Trade Administration, US Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-4475/0649.

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (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 citations to the Department's regulations are to the 
regulations codified at 19 CFR part 351 (1998).

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 1999, the Department published in the Federal Register 
the preliminary results of its new shipper review of the antidumping 
duty order on PET film from Korea. We received no comments on our 
preliminary results. Therefore, we have only changed our preliminary 
results with respect to the currency conversion methodology discussed 
below.

Scope of the Review

    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. 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 is currently classifiable under Harmonized Tariff Schedule 
(HTS) subheading 3920.62.00.00. The HTS subheading is provided for 
convenience and for U.S. Customs purposes. The written description 
remains dispositive as to the scope of the product coverage.
    The review covers the period June 1, 1997 through May 31, 1998. The 
Department is conducting this review in accordance wit section 
751(a)(2)(B) of the Act.

Currency Conversion

    As previously stated by the Department, we have determined that the 
decline in the won at the end of 1997 was so precipitous an large that 
the dollar-won exchange rate cannot reasonably be viewed as having 
simply fluctuated during this time, i.e., as having experienced only a 
momentary drop in value. See Emulsion Styrene Butadiene Rubber form the 
Republic of Korea: Notice of Final Determination of Sales at Less Than 
Fair Value, 64 FR 14865, 14867 (March 29, 1999). Therefore, the 
Department used daily rates exclusively for currency conversion 
purposes for home market sales matched to U.S. sales occurring between 
November 1 and December 31, 1997, and the standard exchange rate model 
with a modified benchmark for sales occurring between January 1, 1998 
and February 28, 1998. The modified benchmark consisted of an average 
of the daily rates over the period January 1, 1998 through February 28, 
1998. This methodology enabled us to use an up--to-date (post-
precipitous drop) benchmark, but avoided undue day-to-day exchange rate 
fluctuations.

[[Page 42671]]

Final Results of Review

    We determine that a margin of 0.00 percent exists for HSI for the 
period June 1, 1997 through May 31, 1998. We will disclose calculations 
performed in connection with these final results of review within 5 
days after the date of any public announcement, or, if there is no 
public announcement, within 5 days of publication of this notice.
    We will instruct the U.S. Customs Service not to assess antidumping 
duties on entries of the subject merchandise from HSI for the period of 
review.
    Furthermore, the following deposit requirements shall be required 
for all shipments of PET film from the Republic of Korea entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of these final results of this new shipper review, as provided by 
section 751(a)(1) of the Act: (1) No cash deposit shall be required for 
HSI; (2) for merchandise exported by manufacturers or exporters not 
covered in this review but covered in the less-than-fair-value (LTFV) 
investigation or a previous review, the cash deposit will continue to 
be the most recent rate published in the final determination or final 
results for which the manufacturer or exporter received a company-
specific rate; (3) if the exporter is not a firm covered in this review 
or the original investigation, but the manufacturer is, the cash 
deposit rate will be that established for the manufacturer of the 
merchandise in the final results of this review or the LTFV 
investigation; and (4) if neither the exporter nor the manufacturer is, 
a firm covered in this or any previous reviews, the cash deposit rate 
will be 21.5%, the ``all others'' rate established in the LTFV 
investigation.
    This notice serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.305(a). Timely written notification 
of the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    Thsi new shipper review and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214(d).

    Dated: July 30, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-20226 Filed 8-4-99; 8:45 am]
BILLING CODE 3510-DS-M