[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13453-13454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1217]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-823]


Notice of Final Determination of Sales at Less Than Fair Value: 
Bottle-Grade Polyethylene Terephthalate Resin From Thailand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
    Final Determination: The Department of Commerce (``the 
Department'') determines that Bottle-Grade Polyethylene Terephthalate 
(``PET'') Resin from Thailand is being, or is likely to be sold in the 
United States at less than fair value (``LTFV''), as provided in 
section 735 of the Tariff Act of 1930, as amended (``the Act''). The 
estimated margins of sales at LTFV are shown in the ``Continuation of 
Suspension of Liquidation'' section of this notice.

EFFECTIVE DATE: March 21, 2005.

FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman or Natalie Kempkey 
(202) 482-3534 or (202) 482-1698, respectively; AD/CVD Operations, 
Office 1, Import Administration, Room 1870, International Trade 
Administration, United States Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

Case History

    On October 28, 2004, the Department published in the Federal 
Register the Preliminary Determination in its investigation of PET 
resin from Thailand. Since the Preliminary Determination, the following 
events have occurred. On October 29, 2004, the Department received from 
Bangkok Polyester Public Company, Ltd. (``Bangkok Polyester'') a 
submission containing supplemental and clarifying information and 
databases for its section B and C questionnaire responses. On October 
29, 2004, Bangkok Polyester also submitted an alternative Section D 
database with comments. On November 4, 2004 and December 9, petitioner 
\1\ submitted pre-verification comments. On November 5, 2004, the 
Department sent Bangkok Polyester a third supplemental to the 
questionnaire; the Department received a response to this supplemental 
questionnaire on December 1, 2004.
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    \1\ The petitioner in this case is the United States PET Resin 
Producers Coalition (``petitioner'').
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    From November 8 to 12, 2004, we conducted the COP verification of 
Bangkok Polyester. Bangkok Polyester submitted its minor corrections 
from the COP verification on November 10, 2004, and its verification 
exhibits on November 17, 2004. From December 13 to 16, 2004, we 
conducted Bangkok Polyester's sales verification. Bangkok Polyester 
submitted its minor corrections from the sales verification on December 
14, 2004, and its sales verification exhibits on December 23, 2004. The 
Department issued its COP verification report on January 15, 2005, and 
its sales verification report on January 25, 2005. On January 4, 2005, 
Bangkok Polyester submitted revised sections B and C sales databases 
incorporating minor error corrections reported to the Department at the 
start of its sales verification.
    We received case briefs from petitioner and Bangkok Polyester on 
February 1, 2005. We received rebuttal briefs from petitioner and 
Bangkok Polyester on February 7, 2005. Petitioner requested a hearing 
on November 16, 2004, but withdrew the request on February 9, 2005.

Scope of Investigation

    The merchandise covered by this investigation is bottle-grade PET 
resin, defined as having an intrinsic viscosity of at least 0.68 
deciliters per gram but not more than 0.86 deciliters per gram. The 
scope includes bottle-grade PET resin that contains various additives 
introduced in the manufacturing process. The scope does not include 
post-consumer recycle or post-industrial recycle PET resin; however, 
included in the scope is any bottle-grade PET resin blend of virgin 
bottle-grade PET resin and recycled PET. Waste and scrap PET is outside 
the scope of the investigation. Fiber-grade PET resin, which has an 
intrinsic viscosity of less than 0.68 deciliters per gram, is also 
outside the scope of the investigation.
    The merchandise subject to this investigation is properly 
classified under subheading 3907.60.00.10 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''); however, merchandise 
classified under HTSUS subheading 3907.60.00.50 that otherwise meets 
the written description of the scope is also subject to this 
investigation. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.

Period of Investigation

    The period of investigation is January 1, 2003, through December 
31, 2003.

[[Page 13454]]

Use of Facts Otherwise Available

    For the final determination, the Department continues to find as we 
did in the Preliminary Determination that Thai Shinkong Industry 
Corporation, Ltd. did not act to the best of its abilities and failed 
to provide the information requested by the Department. Therefore, the 
Department continues to find that the use of adverse facts available is 
warranted under section 776 of the Act. See Memorandum to Barbara E. 
Tillman, ``Final Determination of Polyethylene Terephthalate (``PET'') 
Resin from Thailand: Corroboration Memorandum'' dated March 15, 2005.

Verification

    As provided in section 782(i)(1) of the Act, we verified the COP 
information submitted by Bangkok Polyester from November 8 to 12, 2004, 
and the sales information from December 13 to 16, 2004. We used 
standard verification procedures, including examination of relevant 
accounting and production records, as well as original source documents 
provided by Bangkok Polyester.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
petitioner and Bangkok Polyester are addressed in the Memorandum to 
Joseph A. Spetrini, ``Issues and Decision Memorandum for the Final 
Determination of the Antidumping Duty Investigation of Bottle-Grade 
Polyethylene Terephthalate Resin from Thailand'' dated March 14, 2005 
(``Decision Memorandum''), which is hereby adopted by this notice. 
Attached to this notice as an appendix is a list of the issues which 
petitioner and Bangkok Polyester have raised and to which we have 
responded in the Decision Memorandum. 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 Department's Central Records Unit, room B099. In addition, 
a complete version of the Decision Memorandum can be accessed directly 
on the Web at http://ia.ita.doc.gov or http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Fair Value Comparisons

    We calculated export price and normal value for Bangkok Polyester 
using the same methodology as described in the Preliminary 
Determination, with the exceptions noted in the ``Margin Calculations'' 
section of the Decision Memorandum.

Currency Conversions

    We made currency conversions into United States dollars in 
accordance with section 773(a) of the Act based on exchange rates in 
effect on the dates of the United States sales as certified by the 
Federal Reserve.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing United States Customs and Border Protection (``CBP'') to 
continue to suspend liquidation of all entries of PET resin from 
Thailand that are entered, or withdrawn from warehouse, for consumption 
on or after the date of October 28, 2004, the date of publication of 
the Preliminary Determination in the Federal Register. CBP shall 
continue to require a cash deposit or the posting of a bond equal to 
the weighted-average dumping margin as indicated in the chart below. 
These instructions suspending liquidation will remain in effect until 
further notice. The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         margin
                                                            (percentage)
------------------------------------------------------------------------
Bangkok Polyester Public Company, Ltd.....................         24.83
Thai Shinkong Industry Corporation, Ltd...................         41.28
All Others................................................         24.83
------------------------------------------------------------------------

Disclosure

    The Department will disclose calculations performed within five 
days of the date of publication of this notice to the parties in this 
proceeding in accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of the Department's final 
determination. As our final determination is affirmative, the ITC will, 
within 45 days, determine whether these imports are materially 
injuring, or threaten material injury to, the United States industry. 
If the ITC determines that material injury, or threat of material 
injury, does not exist, the proceeding will be terminated and all 
securities posted will be refunded or canceled. If the ITC determines 
that such injury does exist, the Department will issue an antidumping 
order.

Notification Regarding Administrative Protective Order

    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 or 
destruction of APO materials, or conversation to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(I)(1) of the Act.

    Dated: March 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Comments and Issues in the Decision Memorandum

Comment 1: Cost Verification Minor Correction.
Comment 2: Capitalized Asset Costs.
Comment 3: Cost Reconciliation Items.
Comment 4: General and Administrative Expense Ratio.
Comment 5: Financial Expense Ratio.
Comment 6: Direct Selling Expenses for Sample United States Sale.
Comment 7: Bank Charges for Export Sales.
Comment 8: Duty Drawback.
Comment 9: United States Packing.
Comment 10: Unreported United States Sale.
Comment 11: Dumping Margin Program and Printout for the Preliminary 
Determination.
Comment 12: Home Market Packing.
Comment 13: Indirect Selling Expense.
Comment 14: Brokerage and Handling.
Comment 15: Offsets for Non-Dumped Sales.

[FR Doc. E5-1217 Filed 3-18-05; 8:45 am]
BILLING CODE 3510-DS-P