[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50166-50167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18547]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: 
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 April 8, 2004, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of its administrative review of the antidumping duty order on 
polyethylene terephthalate film, sheet, and strip (``PET film'') from 
Taiwan. See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 
69 FR 18531 (April 8, 2004) (``Preliminary Results''). This review 
covers imports of subject merchandise exported to the United States by 
Nan Ya Plastics Corporation, Ltd. (``Nan Ya'') and Shinkong Synthetic 
Fibers Corporation (``Shinkong''), in accordance with 19 CFR 351.213. 
The period of review (``POR'') is December 21, 2001, through June 30, 
2003. Based on our analysis of the comments received, we have made 
changes in the margin calculations for Nan Ya. We have no changes to 
the margin calculation in the preliminary results of review for 
Shinkong Synthetic Fibers Corporation, the other respondent in this 
administrative review. Therefore, the final results differ from the 
Preliminary Results. The final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled ``Final Results 
of the Review.''

EFFECTIVE DATE: August 13, 2004.

FOR FURTHER INFORMATION CONTACT: Tom Martin or Zev Primor at (202) 482-
3936 and (202) 482-4114, respectively; AD/CVD Enforcement Office IV, 
Import Administration, Room 1870, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published in the Federal Register the preliminary 
results of its administrative review of the antidumping duty order on 
PET film from Taiwan, dated April 8, 2004. See Preliminary Results. The 
merchandise covered by this order is PET film from Taiwan, as described 
in the ``Scope of the Review'' section of this notice. We received 
written comments addressing our analysis on May 10, 2004, from Nan Ya, 
and separate comments from certain U.S. customers of Nan Ya that the 
Department deemed to be affiliated with Nan Ya in the Preliminary 
Results. We received a rebuttal brief from the petitioners \1\ on May 
17, 2004.
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    \1\ The petitioners in this review are DuPont Teijin Films, 
Mitsubishi Polyester Film of America and Toray Plastics (America), 
Inc. (collectively, the petitioners).
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Scope of the Review

    For purposes of this administrative review, 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 more 
than 0.00001 inches thick. Imports of PET film are currently 
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 proceeding is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' from Jeff May, Deputy Assistant Secretary, Import 
Administration, Group I, to Joseph A. Spetrini, Acting Assistant 
Secretary for Import Administration, dated August 6, 2004, (``Issues 
and Decision Memorandum''), which is hereby 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 Issues and 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 Department building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Issues and

[[Page 50167]]

Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for Nan Ya. The changes to the margin 
calculations are listed below:

Nan Ya

     The Department revised its conversion of dollars per pound 
to dollars per kilogram for converting U.S. gross prices and their 
respective expenses. See Issues and Decision Memorandum, at Comment 6, 
below. See also Memorandum from Zev Primor and Thomas Martin to The 
File, ``Calculation Memorandum for the Final Results of Review for Nan 
Ya Plastics Corporation, Ltd.,'' dated August 8, 2004 (``Nan Ya 
Calculation Memorandum''), at 2.
     The Department has corrected minor discrepancies in the 
U.S. sales databases submitted by the U.S. customers that the 
Department has deemed to be affiliated with Nan Ya. See Nan Ya 
Calculation Memorandum, at 3.

Final Results of Review

    We determine that the following weighted average percentage margins 
exist for the period December 21, 2001 through June 30, 2003.

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporter                      (percent)
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Nan Ya Plastics Corporation, Ltd.............................       2.02
Shinkong Synthetic Fibers Corporation........................       0.62
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Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') will assess, antidumping duties on all appropriate 
entries. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-, and 
where appropriate, customer-specific ad valorem duty assessment rates 
based on the ratio of the total amount of the dumping margins 
calculated for the examined sales to the total entered value of those 
same sales. For those sales where the respondent did not report actual 
entered value, we calculated importer-, and where appropriate, 
customer-specific assessment rates by aggregating the dumping margins 
calculated for the U.S. sales examined and dividing that amount by the 
total quantity of the sales examined. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties all entries of subject merchandise during the POR 
for which the importer-or customer-specific assessment rate is zero or 
de minimis (i.e., less than 0.50 percent). To determine whether the 
per-unit duty assessment rates are de minimis (i.e., less than 0.50 
percent), in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer-or customer-specific ad valorem 
ratios based on export prices. The Department will issue appropriate 
assessment instructions directly to CBP within 15 days of publication 
of these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of PET film from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for Nan Ya and Shinkong will be the rates shown above; (2) For 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) If the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (``LTFV'') investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) If neither the 
exporter nor the manufacturer is a firm covered in these or any 
previous reviews conducted by the Department, the cash deposit rate 
will be the ``all others'' rate established in the LTFV investigation, 
which is 2.56 percent. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/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 violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: August 6, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in the Issues and Decision Memorandum

    Comment 1: The Department should determine that certain of Nan 
Ya's U.S. customers are unaffiliated with Nan Ya.
    Comment 2: Nan Ya's pricing to U.S. customers does not support a 
finding that certain U.S. customers are affiliated.
    Comment 3: The Department cannot find affiliation between 
members of a family when there is no blood relationship.
    Comment 4: The Department should grant Nan Ya a constructed 
export price (``CEP'') offset.
    Comment 5: The Department should not double count profit on 
sales in the CEP profit calculation.
    Comment 6: The Department should correct the margin calculation 
for ministerial errors.

[FR Doc. 04-18547 Filed 8-12-04 8:45 am]
BILLING CODE 3510-DS-P