[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Notices]
[Pages 52075-52076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4799]


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DEPARTMENT OF COMMERCE

International Trade Administration

Import Administration

[A-533-824]


Notice of Amended Final Determination in Accordance With Court 
Decision: Antidumping Duty Investigation of Polyethylene Terephthalate 
Film, Sheet, and Strip from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 12, 2005, the United States Court of Appeals for the 
Federal Circuit (CAFC) affirmed the decision of the Court of 
International Trade (CIT) to sustain the final remand determination of 
the Department of Commerce (the Department) in the antidumping duty 
(AD) investigation of polyethylene terephthalate film, sheet, and strip 
(PET film) from India. See, Dupont Teijin Films USA, LP, et al, v. 
United States and Polyplex Corp. Ltd., Slip Op. 04-1548, (May 12, 
2005), and the Department's Final Results of Redetermination Pursuant 
to Court Remand in Dupont Teijin Films USA, LP, et al, v. United States 
and Polyplex Corp. Ltd., Consol. Court No. 02-00463. As there is now a 
final and conclusive court decision in this case, the Department is 
amending the final determination of sales at less than fair value.

EFFECTIVE DATE: September 1, 2005.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Howard Smith at (202) 
482-4406 or (202) 482-5193, respectively; AD/CVD Operations, Office 4, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 16, 2002, the Department published in the Federal Register 
the Notice of Final Determination of Sales at Less Than Fair Value: 
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 Fed. 
Reg. 34899 (May 16, 2002) (Final Determination), covering

[[Page 52076]]

the period April 1, 2000, through March 31, 2001.\1\ In that 
determination, the Department calculated a dumping margin of 10.34 
percent for Polyplex Corporation Limited (Polyplex); however, it 
excluded Polyplex from the AD order on PET film from India because its 
AD cash deposit rate was zero percent. The Department calculated the 
zero percent AD cash deposit rate by reducing the dumping margin of 
10.34 percent by the 18.66 percent countervailing duty (CVD) rate on 
export subsidies that was established in the companion CVD 
investigation. See, Issues and Decision Memorandum accompanying the 
Final Determination at Comment 2. The petitioners filed a motion for 
judgment upon the agency record contesting the Final Determination, 
claiming that the Department should not have excluded Polyplex from the 
AD order based on a zero cash deposit rate when Polyplex's dumping 
margin is greater than de minimis. The Court of International Trade 
(CIT) held that the Department's exclusion of Polyplex from the order 
was in error, noting that the Department cannot exclude an exporter 
from an order because its cash deposit rate is zero. See, Dupont Teijin 
Films USA, LP, et al, v. United States and Polyplex Corp. Ltd., 273 F. 
Supp. 2d 1347, 1352 (CIT July 9, 2003). In remanding the case to the 
Department, the CIT stated that the Department must calculate 
Polyplex's dumping margin after considering the applicability of 19 
U.S.C. Sec.  1677a\2\ and must find Polyplex's merchandise to be 
subject to the AD order on PET film from India if the Department 
continues to calculate a dumping margin for the company of 10.34 
percent.
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    \1\ This determination was subsequently amended to reflect the 
correction of a ministerial error. See, 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, 67 Fed. Reg. 44175 (July 1, 2002).
    \2\ This section of the statute requires U.S. price to be 
increased by the amount of any countervailing duty imposed to offset 
export subsidies. In the Final Determination, the Department 
accounted for the countervailing duty on export subsidies by 
adjusting the AD cash deposit rate, rather than U.S. price.
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    On August 11, 2003, the Department issued its Final Results of 
Redetermination Pursuant to Court Remand in which it explained that 
countervailing duties are imposed upon the issuance of a CVD order, and 
that, at the time the Department issued its Final Determination, the 
order in the companion CVD investigation had not yet been issued. Thus, 
the Department argued, Polyplex's sales were not subject to a CVD 
order, and the decision not to increase U.S. price by the amount of the 
countervailing duty on export subsidies that was established in the 
companion CVD investigation was consistent with 19 U.S.C. Sec.  1677a. 
Because Polyplex's dumping margin was 10.34 percent, the Department 
determined, consistent with the finding of the CIT decision, that 
Polyplex is subject to the AD order on PET film from India. In Dupont 
Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd., 
297 F. Supp. 2d 1367 (Dupont Teijin II), the CIT sustained the 
Department's determination in part, but remanded the case in part, 
instructing the Department to address certain concerns regarding the 
application of its new interpretation of ``imposed.''
    On March 3, 2004, the Department issued its second Final Results of 
Redetermination Pursuant to Court Remand (Second Remand Determination) 
in which it addressed the CIT's concerns. On June 18, 2004, the CIT 
sustained the Department's Second Remand Determination in its entirety. 
See, Dupont Teijin Films USA, LP, et al, v. United States and Polyplex 
Corp. Ltd., No. 02-00463, 2004 WL 1368838 (CIT June 18, 2004)(Dupont 
Teijin III). Polyplex timely appealed this decision to the CAFC.
    On May 12, 2005, the CAFC affirmed the decision of the CIT in 
Dupont Teijin III, thereby sustaining the Department's Second Remand 
Determination and its determination that Polyplex is subject to the AD 
duty order on PET film from India.
    As the litigation in this case has concluded, the Department is 
amending the Final Determination. Because the Department calculated a 
weighted-average dumping margin of 10.34 percent for Polyplex, Polyplex 
is subject to the AD order on PET film from India. However, as 
discussed above, for cash deposit purposes, the Department is 
subtracting from Polyplex's cash deposit rate the CVD rate on export 
subsidies that was established in the companion affirmative CVD 
determination (i.e., 18.66 percent). After this adjustment, the cash 
deposit rate for Polyplex is zero.
    This notice is issued and published in accordance with sections 
735(d) and 777(i) of the Tariff Act of 1930, as amended.

    Dated: August 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4799 Filed 8-31-05; 8:45 am]
BILLING CODE 3510-DS-S