[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Notices]
[Pages 57417-57418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28643]


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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 and revocation in part.

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SUMMARY: On July 10, 2001, 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 (66 FR 35933). 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, 1999 through 
May 31, 2000. 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 HSI and SKC.

EFFECTIVE DATE: November 15, 2001.

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 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 (2000).

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2001, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on PET film from Korea. E.I. DuPont de Nemours & Company and 
Mitsubishi Polyester Film, LLC (collectively Petitioners) submitted 
their case brief on August 8, 2001. SKC Co., Ltd. and SKC America, Inc. 
(collectively SKC) filed their case brief on August 9, 2001. 
Petitioners and SKC submitted rebuttal comments on August 24, 2001. HSI 
filed rebuttal comments on August 13, 2001 and August 24, 2001. The 
Department has conducted this administrative review in accordance with 
section 751 of the Act.

Revocation in Part

    In its submission of June 30, 2000, HSI requested, pursuant to 19 
CFR 351.222(e)(1), partial revocation of the order with respect to its 
sales of PET film. HSI certified that (1) it sold the subject 
merchandise in commercial quantities at not less than NV for a period 
of at least three consecutive years, (2) in the future it will not sell 
the subject merchandise at less than NV; and (3) it agreed to immediate 
reinstatement of the order if the Department determines that, 
subsequent to revocation, it sold the subject merchandise at less than 
NV.
    Based upon the final results in this review and the final results 
of the two proceeding reviews (see Polyethylene Terephthalate, Film, 
Sheet and Strip from the Republic of Korea; Final Results of 
Antidumping Duty Administrative Review, 65 FR 55003 (September 12, 
2000), and Polyethylene Terephthalate, Film, Sheet, and Strip from the 
Republic of Korea; Final Results of Antidumping Duty New Shipper 
Review, 64 FR 42670 (August 5, 1999)), HSI has demonstrated three 
consecutive years of sales at not less than normal value. Furthermore, 
we have determined that HSI's aggregate sales to the United States have 
been made in commercial quantities during three consecutive segments of 
this proceeding. The company also agreed in writing to immediate 
reinstatement of the antidumping order, as long as any exporter or 
producer is subject to the order, if the Department concludes that 
subsequent to the partial revocation, HSI sold the subject merchandise 
at less than normal value. Based on the above facts, and absent a 
determination that the continued application of the antidumping order 
is otherwise necessary to offset dumping, the Department determines 
that continued application of the order to HSI is not necessary to 
offset dumping. Therefore, we are revoking the order in part with 
respect to merchandise produced and exported by HSI. In accordance with 
19 CFR Sec. 351.222(f), we will terminate the suspension of liquidation 
for any such merchandise entered, or withdrawn from warehouse, for 
consumption after May 31, 2000.

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

[[Page 57418]]

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, 1999 through May 31, 2000. The 
Department has conducted this review in accordance with section 751 of 
the 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 Faryar Shirzad, Assistant Secretary for Import 
Administration, dated November 7, 2001 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 revised SKC's calculation of the general expense ratio 
making allowances for offsets for ``miscellaneous income,'' ``rental 
income,'' ``gain on disposal of fixed asset'' and the portion of SKC's 
``gain on foreign currency transaction'' and ``gain on foreign currency 
translation'' that do not relate to accounts receivable. Additionally, 
we have recalculated the CEP profit ratio for SKC by adding to the 
gross price the U.S. interest revenue, duty drawback and billing 
adjustments realized by SKC. (Further details regarding these changes 
can be found in the Decision Memorandum and the SKC November 7, 2001 
Final Results Analysis Memorandum, both of which are on file in room B-
099 of the main Commerce building.) Finally, we have classified HSI's 
U.S. sales as CEP transactions. See the Decision Memorandum and HSI 
November 7, 2001 Final Results Analysis Memorandum (which is also 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, 1999 through 
May 31, 2000:

------------------------------------------------------------------------
                                                                Margin
                           Company                             (percent)
------------------------------------------------------------------------
HSI.........................................................           0
Hyosung.....................................................           0
SKC.........................................................        1.91
------------------------------------------------------------------------

    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 Act: (1) The cash deposit for SKC shall be 1.91 
percent; (2) since the rate for Hyosung is zero no cash deposit shall 
be required for that firm, (3) because we are revoking the order with 
respect to HSI, no cash deposit will be required for that firm and 
suspension of liquidation will be lifted for merchandise produced and 
exported by HSI, (4) 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; (5) 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 (6) 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 notice of administrative review and revocation in part is in 
accordance with section 751(a)(1) of the Act.

    Dated: November 7, 2001.
Faryar Shirzad,
Assistant Secretary, for Import Administration.

Appendix--Issues in the Decision Memorandum

    1. Exclusion of Non-Operating Income in Calculation of SKC's 
General Expense Ratio
    2. Accounting for SKC's B-grade Film Costs
    3. Whether HSI's sales are CEP or EP transactions
    4. Revocation of Order with respect to HSI
    5. Calculation of SKC's CEP and CV profit ratios.

[FR Doc. 01-28643 Filed 11-14-01; 8:45 am]
BILLING CODE 3510-DS-P