[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Notices]
[Pages 55003-55004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23394]


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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 Administrative Review

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

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

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SUMMARY: On May 8, 2000, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyethylene terephthalate film, sheet, and 
strip (PET film) from the Republic of Korea (65 FR 26574). The review 
covers three manufacturers/exporters of the subject merchandise to the 
United States: H.S, Industries (HSI), Hyosung Corporation (Hyosung) and 
SKC Limited (SKC). The review covers the period June 1, 1998 through 
May 31, 1999. We gave interested parties an opportunity to comment on 
the preliminary results.
    The final weighted-average dumping margins for the reviewed firms 
are listed in the section entitled Final Results of Review. As a result 
of comments received, we have made changes to the final margin 
calculations for SKC.

EFFECTIVE DATE: September 12, 2000.

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

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff Act), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Tariff 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 (1999).

SUPPLEMENTARY INFORMATION:   

Background

    On May 8, 2000, the Department published in the Federal Register 
the preliminary results of administrative

[[Page 55004]]

review of the antidumping duty order on PET film from Korea. SKC Co., 
Ltd. and SKC America, Inc. (collectively SKC) and E.I. DuPont de 
Nemours & Company and Mitsubishi Polyester Film, LLC (collectively 
Petitioners) submitted their respective case briefs on June 7, 2000. 
SKC submitted rebuttal comments on June 16, 2000. Petitioners submitted 
rebuttal comments on June 19, 2000. The Department has conducted this 
administrative review in accordance with section 751 of the Tariff Act.

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, 1998 through May 31, 1999. The 
Department has conducted this review in accordance with section 751 of 
the Tariff Act.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the ``Issues and Decision Memorandum'' (Decision Memorandum) from 
Joseph A. Spetrini, Deputy Assistant Secretary for Import 
Administration to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, dated September 5, 2000 which is adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an Appendix. 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 B-099 of the main Commerce building. In 
addition a complete version of the Decision Memorandum can be accessed 
directly on the Web at www.ia.ita.doc.gov. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results of Review

    We have deleted sales of PET film that were subsequently exported 
from the United States from SKC's U.S. database. Additionally, for 
purposes of applying the constructed export price (CEP) profit ratio to 
SKC's indirect U.S. selling expenses, we have applied the CEP profit 
ratio only to those indirect selling expenses incurred in the United 
States. Further details regarding these changes can be found in the 
Decision Memorandum and the SKC September 5, 2000 Final Results 
Analysis Memorandum, both of which are on file in room B-099 of the 
main Commerce building.

Final Results of Review

    As a result of our analysis of the comments received, we determine 
that the following margins exist for the period June 1, 1998 through 
May 31, 1999:

------------------------------------------------------------------------
                                                                Margin
                          Company                             (percent)
------------------------------------------------------------------------
HSI........................................................         0.00
Hyosung....................................................         0.00
SKC........................................................         1.23
------------------------------------------------------------------------

    The U.S. Customs Service will assess antidumping duties on all 
appropriate entries. The Department will issue appraisement 
instructions directly to the Customs Service. We have calculated an 
importer-specific assessment rate for subject merchandise based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of sales examined.
    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 review, as provided by section 
751(a)(1) of the Tariff Act: (1) The cash deposit for SKC shall be 1.23 
percent; (2) since the rates for HSI and Hyosung are zero no cash 
deposit shall be required for those firms, (3) 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; (4) 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 (5) if neither the exporter nor 
the manufacturer is a firm covered in this or any previous reviews, the 
cash deposit rate will be 21.50 percent the ``all others'' rate 
established in the LTFV investigation. (See Polyethylene Terephthalate 
Film, Sheet, and Strip from the Republic of Korea: Notice of Final 
Court Decision and Amended Final Determination, 62 FR 50557, (September 
26, 1997).)
    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 or 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 administrative review and notice is in accordance with section 
751(a)(1) of the Tariff Act.

    Dated: September 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in the Decision Memorandum

    1. Accounting for B-grade Film Costs
    2. Calculation of CEP Profit
    3. Inclusion in SKC's U.S. Sales Listing of Merchandise 
Subsequently Exported from the United States
    4. Calculation of US Indirect Selling Expenses
    5. Proper Home Market Comparison for Model DS10.

[FR Doc. 00-23394 Filed 9-11-00; 8:45 am]
BILLING CODE 3510-DS-U