[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Notices]
[Pages 57300-57301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19818]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Expedited Five-Year (Sunset) Review of the 
Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 1, 2007, the Department of Commerce (the Department) 
published in the Federal Register the notice of initiation of the first 
five-year sunset review of the countervailing duty order on 
polyethylene terephthalate (PET) film from India, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation 
of Five-Year (``Sunset'') Reviews, 72 FR 30544 (June 1, 2007) 
(Initiation). On the basis of notices of intent to participate and 
adequate substantive responses filed on behalf of domestic interested 
parties, and inadequate responses from respondent interested parties 
(in this case, neither the Government of India nor any of the 
respondent companies covered by the order provided a response), the 
Department conducted an expedited sunset review of these orders 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B) and (C). As a result of this sunset review, the 
Department finds that revocation of the countervailing duty order is 
likely to lead to continuation or recurrence of countervailable 
subsidies at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Effective Dates: October 9, 2007.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Dana Mermelstein, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-0197 
or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2007, the Department initiated the first sunset review 
of the countervailing duty order on PET film from India, pursuant to 
section 751(c) of the Act. See Initiation, 72 FR 30544. The Department 
received notices of intent to participate from DuPont Teijin Films 
(DuPont), Mitsubishi Polyester Film of America (MFA), SKC, Inc. (SKC), 
and Toray Plastics (America), Inc. (TPA) (collectively, domestic 
interested parties), within the deadline specified in 19 CFR 
351.218(d)(1)(i). Domestic interested parties claimed interested party 
status as U.S. producers engaged in the manufacture, production, or 
wholesale of PET film in the United States, pursuant to section 
771(9)(C) of the Act. On June 15, 2007, respondent, Garware Polyester 
Ltd. (Garware) notified the Department of its interest in participating 
in this sunset review.
    On July 2, 2007, the Department received a substantive response 
from domestic interested parties within the deadline specified in 19 
CFR 351.218(d)(3)(i). The Department did not receive any substantive 
responses from any respondent interested party to this proceeding. 
Although Garware notified the Department of its interest in 
participating in the review, it did not file a substantive response. In 
accordance with 19 CFR 351.218(e)(1)(ii)(C)(1), the Department notified 
the International Trade Commission (ITC) that respondent interested 
parties to the CVD order on PET film from India, provided inadequate 
responses to the Initiation, 72 FR 30544. The Department, therefore, 
has conducted an expedited sunset review of the countervailing duty 
order, pursuant to 19 CFR 351.218(e)(1)(ii)(B) and (C)(2).
    Since the publication of the countervailing duty order, there have 
been three completed administrative reviews of this order. See Notice 
of Countervailing Duty Order: Polyethylene Terephthalate Film, Sheet, 
and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002). There have 
been no requests for scope clarifications and no changed circumstances 
reviews.

Scope of the Order

    The products covered by this order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet and strip 
(PET film), whether extruded or coextruded. Excluded 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 thick. Imports 
of PET film were classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) under item number 3920.62.00. Effective July 1, 
2003, the HTSUS subheading 3920.62.00.00 was divided into 3920.62.00.10 
(metallized PET film) and 3920.62.00.90 (non-metallized PET film). 
HTSUS subheadings are provided for convenience and customs purposes. 
The written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised, in the substantive responses, by parties to this 
sunset review are addressed in the Issues and Decision Memorandum for 
Final Results of Expedited Sunset Review of the Countervailing Duty 
Orders on Polyethylene Terephthalate Film, Sheet, and Strip from India, 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, dated concurrently with this notice (Decision 
Memorandum), which is hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of a countervailable subsidy, the net 
countervailable subsidy rate likely to prevail if the order were

[[Page 57301]]

revoked and the nature of the subsidy. Parties can find a complete 
discussion of all issues raised in these sunset reviews and the 
corresponding recommendation in this public memorandum, which is on 
file in the Import Administration Central Records Unit, Room B-099 of 
the main Commerce building. In addition, a complete version of the 
Decision Memo can be accessed directly on the Department's Web page at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order on PET Film from India would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following subsidy rates:

------------------------------------------------------------------------
                                                          Subsidy rate
               Manufacturers/exporters                    (percent ad
                                                            valorem)
------------------------------------------------------------------------
Ester Industries Ltd.................................              27.39
Garware Polyester Ltd................................              33.44
Polyplex Corporation Ltd.............................              22.71
All Others...........................................              29.36
------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 752(b)(3) of the Act, we will notify the 
ITC of the final results of this expedited sunset review.

Administrative Protective Orders

    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 CFR 351.305. 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 that is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(c), 752(b), and 777(i) of the Act.

    Dated: October 1, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-19818 Filed 10-5-07; 8:45 am]
BILLING CODE 3510-DS-P