[Federal Register Volume 67, Number 22 (Friday, February 1, 2002)]
[Notices]
[Pages 4995-4997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2460]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-415 (Final) and 731-TA-933-9341 (Final)]


Polyethylene Terephthalate Film, Sheet, and Strip From India and 
Taiwan

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-415 (Final) 
under Sec. 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the 
Act) and the final phase of antidumping investigations Nos. 731-TA-933-
934 (Final) under Sec. 735(b) of the Act (19 U.S.C. 1673d(b)) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
subsidized and imports from India, and less-than-fair-value imports 
from India and Taiwan, of polyethylene terephthalate film, sheet, and 
strip (PET film), provided for in subheading 3920.62.00 of the 
Harmonnized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as all guages of raw, 
pretreated, or primed PET film, whether extruded or coextruded. The 
scope excludes 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 inch thick.

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[[Page 4996]]

    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's rules of practice and procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
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(19 CFR part 207).

EFFECTIVE DATE: December 21, 2001.

FOR FURTHER INFORMATION CONTACT: Valerie Newkirk (202-205-3190), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov.) The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    The final phase of these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that certain benefits which constitute subsidities within the 
meaning of Sec. 703 of the Act (19 U.S.C. 1671b) are being provided to 
manufacturers, producers, or exporters in India of PET film, and that 
such products from India and Taiwan are being sold in the United States 
at less than fair value within the meaning of Sec. 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in a petition filed on 
May 17, 2001, by DuPont Teijin Films, Wilmington, DE, Mitsubishi 
Polyester Film of America, Greer, SC, and Toray Plastics (America), 
Inc., North Kensington, RI.

Participation in the Investigations and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

Staff Report

    The prehearing staff report in the final phase of these 
investigations will be placed in the nonpublic record on April 25, 
2002, and a public version will be issued thereafter, pursuant to 
Sec. 207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of these investigations beginning at 9:30 a.m. on May 9, 2002, at 
the U.S. International Trade Commission Building. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before May 2, 2002. A nonparty who has testimony that 
may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on May 6, 2002, 
at the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
Secs. 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of Sec. 207.23 of the Commission's rules; the deadline for 
filing is May 2, 2002. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
Sec. 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of Sec. 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is May 16, 2002; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
May 16, 2002. On June 3, 2002, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before June 5, 2002, but such final comments must not contain new 
factual information and must otherwise comply with Sec. 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec. 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of 
Secs. 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means.
    In accordance with Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec. 207.21 of the Commission's rules.

    Issued: January 28, 2002.


[[Page 4997]]


    By order of the Commission.
Marilyn R. Abbott,
Acting Secretary.
[FR Doc. 02-2460 Filed 1-31-02; 8:45 am]
BILLING CODE 7020-02-P