[Federal Register Volume 65, Number 222 (Thursday, November 16, 2000)]
[Notices]
[Pages 69284-69285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29405]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-843]


Notice of Final Determination of Sales at Not Less Than Fair 
Value: Expandable Polystyrene Resins from the Republic of Korea

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

EFFECTIVE DATE: November 16, 2000.

ACTION: Notice of final determination of sales at not less than fair 
value.

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FOR FURTHER INFORMATION CONTACT: Valerie Ellis or David Layton, at 
(202) 482-2336 or (202) 482-0371, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C. 20230.

The Applicable Statute and Regulations

    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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce (the 
Department) regulations are to 19 CFR Part 351 (1999).

Final Determination

    We determine that expandable polystyrene resin (EPS) from the 
Republic of Korea (Korea) is not being sold, nor is likely to be sold, 
in the United States at less than fair value (LTFV), as provided in 
section 735 of the Act. The estimated margins of sales at not LTFV are 
shown in the ``Termination of Liquidation'' section of this notice.

Case History

    The preliminary determination in this investigation was issued on 
June 20, 2000. See Notice of Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination: Certain 
Expandable Polystyrene Resins From the Republic of South Korea, 65 FR 
39351 (June 26, 2000). The investigation covers two manufacturers/
exporters: Shinho Petrochemical Co., Ltd. (Shinho) and Cheil Industries 
Incorporated (Cheil). Both of these companies are located in Seoul, 
Korea.
    The Department verified the responses of Cheil Industries 
Incorporated in Seoul, South Korea from August 21, 2000 to August 25, 
2000; Shinho Petrochemical Co., Ltd. in Seoul, South Korea from August 
28, 2000 to September 1, 2000; Samsung America Incorporated (SAI), 
Cheil's affiliated importer, at Ridgefield Park, New Jersey from 
September 27, 2000 to September 28, 2000; and Cheil's Los Angeles 
branch and the division of Samsung America, Incorporated located in the 
same building, in La Mirada City, California, on September 29, 2000.

Scope of Investigation

    For purposes of this investigation, the products covered includes 
EPS in primary forms; namely, raw material or resin manufactured in the 
form of polystyrene beads, whether of regular (shape) type or modified 
(block) type, regardless of specification, having a weighted-average 
molecular weight of between 160,000 and 260,000, containing from 3 to 7 
percent blowing

[[Page 69285]]

agents, and having bead sizes ranging from 0.4 mm to 3 mm. Specifically 
excluded from the scope of this investigation are off-grade, off-
specification expandable polystyrene resins. The covered merchandise is 
found in the Harmonized Tariff Schedule of the United States (HTSUS) 
subheading 3903.11.00.00. Although this HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation, as well as certain other findings by the Department 
which are listed in an appendix to this notice, are addressed in the 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Expandable Polystyrene Resins from 
South Korea'' (Decision Memorandum), from Holly A. Kuga, Acting Deputy 
Assistant Secretary, Import Administration, to Troy H. Cribb, Assistant 
Secretary for Import Administration, dated November 8, 2000, which is 
hereby adopted by this notice. A list of 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 investigation and 
the corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, Room B-099 of the main Department 
building and 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 Determination

    Based on our analysis of comments received, we have made changes in 
the margin calculations for both companies under review. These changes 
are discussed in the relevant sections of the Decision Memo.

Termination of Suspension of Liquidation

    Pursuant to section 735(c)(2) of the Act, we are instructing 
Customs to terminate suspension of liquidation of all entries of EPS 
from South Korea that are entered, or withdrawn from warehouse, for 
consumption on or after June 26, 2000, the date of publication of the 
preliminary determination. The Customs Service shall refund any cash 
deposit and release any bond or other security previously posted in 
connection with this case.
    We determine that the following de minimis weighted-average dumping 
margins exist for October 1, 1998, through September 30, 1999:

------------------------------------------------------------------------
                                                               Weighted
                                                               Average
                   Manufacturer/Exporter                        Margin
                                                              (percent)
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Cheil Industries Incorporated..............................         0.82
Shinho Petrochemical Co....................................         0.83
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is negative, this proceeding is terminated and all 
securities posted will be refunded.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: November 8, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix

Issues Covered in Decision Memorandum

I. General Issues

    1. Allegations of Mexican Transshipments
    2. Using Monthly Averaging Groups in Place of Annual Averages to 
Calculate Normal Value

II. Issues Specific to Cheil Industries, Inc. (Cheil)

    3. Constructed Export Price Offset
    4. Duty Drawback
    5. Credit Expense--Home Market Interest Rate
    6. Reclassification of Certain Sales from Constructed Export 
Price to Export Price
    7. General & Administrative Expense
    8. Inclusion of Import Duties in the Cost of Manufacture

III. Issues Specific to Shinho Petrochemical Co., Ltd (Shinho)

    9. Credit Expense
    10. Gain on Foreign Currency Translation

[FR Doc. 00-29405 Filed 11-15-00; 8:45 am]
BILLING CODE 3510-DS-P