[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53627-53628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4942]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]


Polyethylene Terephthalate Film from Korea; Five-year (Sunset) 
Reviews of Antidumping Duty Order; Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 2, 2005, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty order on 
polyethylene terephthalate (PET) film

[[Page 53628]]

from Korea, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). On the basis of the notice of intent to participate 
and an adequate substantive response filed on behalf of domestic 
interested parties and no response from respondent interested parties, 
the Department conducted an expedited sunset review. As a result of 
this sunset review, the Department finds that revocation of the 
antidumping duty order on PET film from Korea would likely lead to 
continuation or recurrence of dumping at the levels listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: September 9, 2005.

FOR INFORMATION CONTACT: Dana Mermelstein or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
1391 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 2, 2005, the Department initiated a sunset review of 
the antidumping duty order on PET film from Korea pursuant to section 
751(c) of the Act. See Initiation of Five-year (``Sunset'') Reviews, 70 
FR 5415 (February 2, 2005). The Department received a notice of intent 
to participate from two domestic interested parties, DuPont Teijin 
Films (DTF) and Mitsubishi Polyester Film LLC (Mitsubishi), within the 
deadline specified in 19 C.F.R. Sec.  351.218(d)(1)(i) of the 
Department's regulations. Domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act as a U.S. 
producer of a domestic like product. We received a complete substantive 
response from domestic interested parties within the 30-day deadline 
specified in 19 C.F.R. Sec.  351.218(d)(3)(i). However, we did not 
receive any response from respondent interested parties. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. Sec.  
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset 
review of the order.
    On May 26, 2005, the Department extended the time limit for the 
final results of this sunset review to not later than August 31, 2005. 
See Polyethylene Terephthalate Film from South Korea; Extension of Time 
Limit for Final Results of Sunset Review of Antidumping Duty Order, 70 
FR 30416 (May 26, 2005).

Scope of the Order

    The antidumping duty order on PET film from Korea covers shipments 
of all gauges of raw, pre-treated, or primed polyethylene terephthalate 
film, sheet, and strip, whether extruded or co-extruded. The films 
excluded from this order 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 (0.254 micrometers) thick. Roller transport 
cleaning film which has at least one of its surfaces modified by the 
application of 0.5 micrometers of SBR latex has also been ruled as not 
within the scope of the order. PET film is currently classifiable under 
Harmonized Tariff Schedule (HTS) subheading 3920.62.00.00.\1\ While the 
HTS subheading is provided for convenience and for customs purposes, 
the written description remains dispositive as to the scope of the 
product coverage.
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    \1\ Effective July 1, 2003, the HTS subheading 3920.62.00.00 was 
divided into 3920.62.00.10 (metallized PET film) and 3920.62.00.90 
(non-metallized PET film).
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    This sunset review covers imports from all producers and exporters 
of PET film from Korea, other than imports by Toray Saehan, Inc.\2\ and 
Kolon Industries, for which the order was revoked.
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    \2\ In a changed circumstances review, the Department determined 
that Toray Saehan, Inc. was the successor-in-interest to Saehan 
Industries, Inc. (Saehan). See Polyethylene Terephthalate Film, 
Sheet and Strip from Korea, Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 65 FR 34661 (May 31, 2000). 
Prior to that, in another changed circumstances review, the 
Department determined that Saehan was the successor-in-interest to 
Cheil Synthetics, Inc. (Cheil). See Polyethylene Terephthalate Film, 
Sheet and Strip From the Republic of Korea, Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 63 FR 3703 
(January 26, 1998). The Department calculated margins for Cheil in 
the investigation of PET film from Korea and in subsequent reviews.
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Analysis of Comments Received

    All issues raised in this case 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 August 30, 2005 
(Decision Memorandum), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the order were revoked. Parties can find a 
complete discussion of all issues raised in this sunset review and the 
corresponding recommendation in this public memorandum, which is on 
file in room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov, under the 
heading ``September 2005.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on PET 
Film from Korea would likely lead to continuation or recurrence of 
dumping at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
SKC Limited and SKC America, Inc....................               13.92
All Others..........................................               21.50
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 C.F.R. Sec.  351.305 of the 
Department's regulations. Timely notification of the return or 
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 these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4942 Filed 9-8-05; 8:45 am]
BILLING CODE 3510-DS-S