[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Pages 61118-61119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5792]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]


Polyethylene Terephthalate Film from Korea; Continuation of 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty order on polyethylene 
terephthalate (PET) film from Korea would likely lead to continuation 
or recurrence of dumping and material injury to an industry in the 
United States, the Department is publishing this notice of continuation 
of this antidumping duty order.

EFFECTIVE DATE: October 20, 2005.

FOR INFORMATION CONTACT: Dana Mermelstein or Robert James, AD/CVD 
Operations, Offices 6 and 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:

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\

[[Page 61119]]

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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Background

    On February 2, 2005, the Department initiated and the ITC 
instituted sunset reviews of the antidumping duty order on PET film 
from Korea pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). See Initiation of Five-year (``Sunset'') Reviews, 70 
FR 5415 (February 2, 2005) and Polyethylene Terephthalate (PET) Film 
from Korea, Investigation No. 731-TA-459 (Second Review), 70 FR 5473 
(February 2, 2005). As a result of its review, the Department found 
that revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping, and notified the ITC of the 
magnitude of margins likely to prevail were the order to be revoked. 
See Polyethylene Terephthalate Film from Korea; Five year (Sunset) 
Reviews of Antidumping Duty Order; Final Results, 70 FR 53627 
(September 9, 2005). On October 3, 2005, the ITC determined, pursuant 
to section 751(c) of the Act, that revocation of the antidumping duty 
order on PET film from Korea would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See USITC Publication 3800 
(September 2005) and Polyethylene Terephthalate (PET) Film from Korea, 
Investigation No. 731-TA-459 (Second Review), 70 FR 58748 (October 7, 
2005).

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on PET film from Korea. U.S. Customs and Border Protection 
will continue to collect antidumping duty cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of continuation of this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 
February 2010.
    This five-year (sunset) review and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: October 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5792 Filed 10-19-05; 8:45 am]
BILLING CODE 3510-DS-S