[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Notices]
[Pages 44175-44177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16513]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Notice of Amended Final Antidumping Duty Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order: Polyethylene 
Terephthalate Film, Sheet, and Strip from India

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

[[Page 44176]]

SUMMARY: We are amending our final determination (see Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene 
Terephthalate Film, Sheet, and Strip from India, 67 FR 34899 (May 16, 
2002) (Final Determination)) to reflect the correction of a ministerial 
error made in the final determination. This correction is in accordance 
with section 735(e) of the Tariff Act of 1930, as amended (the Act) and 
section 351.224 of the Department of Commerce's (the Department's) 
regulations. The period of investigation (POI) covered by this amended 
final determination is April 1, 2000, through March 31, 2001. This 
notice also constitutes the antidumping duty order with respect to 
polyethylene terephthalate film, sheet, and strip (PET film) from 
India.

EFFECTIVE DATE : July 1, 2002.

FOR FURTHER INFORMATION CONTACT: Timothy Finn, Zev Primor, or Howard 
Smith at (202) 482-0065, (202) 482-4114, and (202) 482-5193, 
respectively; AD/CVD Enforcement, Office 4, Group II, Import 
Administration, Room 1870, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to 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 19 CFR part 351 (April 2001).

Scope of The Order

    For purposes of this order, the products covered are all gauges of 
raw, pretreated, or primed PET film, whether extruded or coextruded. 
Excluded 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 thick. Imports of PET film are classifiable in the Harmonized 
Tariff Schedule of the United States (HTSUS) under item number 
3920.62.00. HTSUS subheadings are provided for convenience and Customs 
purposes. The written description of the scope of this order is 
dispositive.

Amended Final Determination

    On May 16, 2002, in accordance with sections 735(d) and 777(i)(1) 
of the Act, the Department published its final determination in this 
proceeding. See Final Determination, 67 FR 34899. Pursuant to 19 CFR 
351.224(c), on May 15, 2002, we received a timely filed submission from 
the petitioners\1\ alleging that, in the final determination, the 
Department made two ministerial errors in calculating the margin for 
one of the respondents, Ester Industries Limited (Ester). Specifically, 
the petitioners allege that (1) the Department should use the date of 
the final determination rather than the date of the preliminary 
determination as the payment date in calculating U.S. imputed credit 
expenses for transactions without payment dates, and (2) the Department 
failed to deduct from the export price (EP) certain bank charges 
associated with EP sales.
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    \1\ The petitioners in this investigation are Dupont Teijin 
Films, Mitsubishi Polyester Film of America and Toray Plastics 
(America) Inc. (collectively the petitioners).
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    On May 20, 2002, we received rebuttal comments from Ester regarding 
the petitioners' allegation of ministerial errors. Ester contends that 
the alleged errors which the petitioners' claim to be ministerial fall 
outside the definition of a ``ministerial error'' and, as such, they 
should not be considered by the Department.
    In accordance with section 735(e) of the Act, we have determined 
that the Department made a ministerial error only with respect to the 
payment dates used to calculate U.S. imputed credit expenses for 
transactions without payment dates. We have adjusted our final margin 
calculations to reflect this correction. This correction changed 
Ester's final antidumping duty margin from 24.11 percent to 24.14 
percent. For a detailed analysis of the alleged ministerial errors, and 
the Department's position on each, see the Memorandum to Bernard T. 
Carreau from Holly A. Kuga, dated concurrently with this notice, 
regarding the subject Ministerial Error Allegation on file in room B-
099 of the Main Commerce building.

Antidumping Duty Order

    On June 24, 2002, in accordance with section 735(d) of the Act, the 
International Trade Commission (the Commission) notified the Department 
of its final determination that an industry in the United States is 
materially injured by reason of less-than-fair-value imports of subject 
merchandise from India, pursuant to section 735(b)(1)(A) of the Act. 
Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs to assess, upon further advice by 
the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price of the 
merchandise (after adjusting for the export subsidy rate in the 
companion countervailing duty order) for all relevant entries of 
polyethylene terephthalate film, sheet, and strip from India. These 
antidumping duties will be assessed on all unliquidated entries of 
subject merchandise from India (except for imports of subject 
merchandise produced and exported by Polyplex Corporation Limited) 
entered, or withdrawn from warehouse, for consumption on or after 
December 21, 2001, the date on which the Department published its 
Notice of Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination: Polyethylene Terephthalate 
Film, Sheet, and Strip From India, (66 FR 65893).
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs must require, at the same time as importers 
would normally deposit estimated duties, cash deposits for the subject 
merchandise equal to the estimated weighted-average dumping margins 
listed below, adjusted for the export subsidy rate in the companion 
countervailing duty order. The ``All Others'' rate applies to all 
exporters of subject merchandise not specifically listed below.

------------------------------------------------------------------------
                Manufacturer/exporter                      Margin (%)
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Ester Industries Limited.............................              24.14
Polyplex Corporation Limited.........................           *****\2\
All Others...........................................              24.14
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\2\ The Department calculated a weighted-average dumping margin of 10.34
  percent for Polyplex before adjusting the margin for export subsidies
  for which the Department determined to impose countervailing duties.
  However, because the rate for Polyplex is zero after adjusting the
  dumping margin for the export subsidies in the companion
  countervailing duty order, Polyplex is excluded from the antidumping
  duty order.

    This notice constitutes the antidumping duty order with respect to 
polyethylene terephthalate film, sheet, and strip from India. 
Interested parties may contact the Department's Central Records Unit, 
Room B-099 of the main Commerce building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211.


[[Page 44177]]


    Dated: June 25, 2002
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-16513 Filed 6-28-02; 8:45 am]
BILLING CODE 3510-DS-S