[Federal Register Volume 64, Number 207 (Wednesday, October 27, 1999)]
[Notices]
[Pages 57862-57863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28057]


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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 July 30, 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 41380). The review 
covers one manufacturer/exporter of the subject merchandise to the 
United States and the period July 1, 1998 through December 31, 1998. We 
gave interested parties an opportunity to comment on the preliminary 
results. We received no comments.
    We have determined that Hyosung Corporation (Hyosung) made no U.S. 
sales below normal value, and we will instruct the U.S. Customs Service 
to assess no antidumping duties for Hyosung for the period covered by 
this new shipper review.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Enforcement Group III, Office 8, Import Administration, 
International Trade Administration, US Department Commerce, 14th Street 
and Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 
482-4475 or (202) 482-5222.

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 December 28, 1998, the Department received a request from 
Hyosung for a new shipper review pursuant to section 751(a)(2) of the 
Act and Section 351.214(b) of the Department's regulations. On February 
2, 1999, we published the notice of initiation for this new shipper 
review (64 FR 5030). On July 30, 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. The final results of this review 
are unchanged from those presented in our preliminary results.

[[Page 57863]]

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 July 1, 1998 through December 31, 
1998. The Department is conducting this review in accordance with 
section 751(a)(2)(B) of the Act.

Final Results of Review

    We determine that a margin of 0.00 percent exists for Hyosung for 
the period July 1, 1998 through December 31, 1998. We will disclose 
calculations performed in connection with these final results of review 
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 Hyosung 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) For Hyosung the cash deposit will be 
zero; (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 administrative review, the cash deposit 
will continue to be the most recent rate published in the final 
determination or final results of review 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 the most recent 
review or the LTFV investigation; and (4) If neither the exporter nor 
the manufacturer is a firm covered in this or any previous review, 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 351.305(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.
    This new shipper review and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214(d).

    Dated: October 20, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-28057 Filed 10-26-99; 8:45 am]
BILLING CODE 3510-DS-M