[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13454-13456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1220]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-840]


Notice of Final Determination of Sales at Not Less Than Fair 
Value: Bottle-Grade Polyethylene Terephthalate (PET) Resin From Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
    Final Determination: We determine that PET Resin from Taiwan is not 
being, nor is likely to be, sold in the United States at less than fair 
value, as provided in section 735 of the Tariff Act of 1930, as amended 
(the Act).

[[Page 13455]]


DATES: Effective Date: March 21, 2005.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien or Ashleigh Batton, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1376 and (202) 482-6309, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results of this review 
(See Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Bottle-Grade Polyethylene Terephthalate (PET) Resin from Taiwan, 
69 FR 62868, October 28, 2004. (Preliminary Determination), in which 
the Department announced an extension of the time limit for the final 
determination in the antidumping duty investigation to no later than 
March 14, 2005, in accordance with section 735(A)(2) of the Act, the 
following events have occurred:
    In November 2004, we verified the questionnaire response of Far 
Eastern Textile, Ltd. (Far Eastern). The cost and sales verification 
reports were issued on January 4, 2005, and January 18, 2005, 
respectively. See Memorandum from Christopher Zimpo, Accountant, to 
Neal M. Halper, Director, Office of Accounting, Re: Verification of the 
Cost of Production and Constructed Value Data Submitted by Far Eastern 
Textile in the Investigation of PET Resin from Taiwan, dated January 
18, 2005, and Memorandum from Ashleigh Batton, International Trade 
Compliance Analyst, to Susan Kuhbach, Director, Office 1, Re: 
Verification of the Sales Response of Far Eastern Textile in the 
Investigation of PET Resin from Taiwan, dated January 4, 2005. These 
reports are on file in the Central Records Unit, Room B-099 of the main 
Department building (CRU).
    On January 26, 2005, we received case briefs from the United States 
PET Resin Producers Coalition (the petitioner), and Far Eastern.
    On January 31, 2005, we received rebuttal briefs from the 
petitioner and Far Eastern.

Scope of Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) bottle-grade resin, defined as having an intrinsic 
viscosity of at least .68 deciliters per gram but not more than .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 (PCR) or post-industrial 
recycle (PIR) PET resin; however, included in the scope is any bottle-
grade PET resin blend of virgin PET bottle-grade resin and recycled PET 
(RPET). Waste and scrap PET are outside the scope of the investigation. 
Fiber-grade PET resin, which has an intrinsic viscosity of less than 
.68 deciliters per gram, is also outside the scope of the 
investigation.
    The merchandise subject to this investigation is properly 
classified under subheading 3907.60.0010 of the Harmonized Tariff 
Schedule of the United States (HTSUS); however, merchandise classified 
under HTSUS subheading 3907.60.0050 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 (POI) is January 1, 2003, through 
December 31, 2003. This period corresponds to the four most recent 
fiscal quarters prior to the filing of the petition on March 24, 2004.

Verification

    As provided in section 782(i) of the Act, we conducted verification 
of the sales and cost information submitted by Far Eastern. We used 
standard verification procedures, including examination of the relevant 
sales, cost, and financial records.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Issues and Decision Memorandum from 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, 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 parties have raised and to which 
we have responded in the Decision Memorandum. 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 Department's CRU. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our findings at verification and our analysis of comments 
received, we have made adjustments to the preliminary determination 
calculation methodologies in calculating the final dumping margin for 
Far Eastern. These adjustments are discussed in the Decision 
Memorandum.

Suspension of Liquidation

    Pursuant to section 733(b)(3) of the Act, because the estimated 
weighted-average dumping margin \1\ for the examined company is de 
minimis, we are not directing CBP to suspend liquidation of entries of 
PET resin from Taiwan. The weighted-average dumping margins are as 
follows:
---------------------------------------------------------------------------

    \1\ Section 735(c)(5)(B) states that, if the estimated weighted 
average dumping margins established for all exporters and producers 
individually investigated are zero or de minimis margins, or are 
determined entirely under section 776, the administering authority 
may use any reasonable method to establish the estimated all-others 
rate for exporters and producers not individually investigated, 
including averaging the estimated weighted average dumping margins 
determined for the exporters and producers individually 
investigated. In this case we have used the one calculated margin as 
the all others rate.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Far Eastern................................................         0.10
All Others.................................................         0.10
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination.
    This notice also serves as the only reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO material or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulation and the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.


[[Page 13456]]


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

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

General Comments

Comment 1: Re-Allocation of Additive Costs
Comment 2: Unreported U.S. Sale
Comment 3: Home Market Rebates
Comment 4: Domestic Inland Freight
Comment 5: Indirect Selling Expense
Comment 6: U.S. Packing Expenses
Comment 7: General and Administrative and Financial Expense Ratios
Comment 8: Major Input Valuation
Comment 9: Nitrogen Gas From an Affiliate
Comment 10: Sales Reconciliation

[FR Doc. E5-1220 Filed 3-18-05; 8:45 am]
BILLING CODE 3510-DS-P