[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Notices]
[Pages 57297-57298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19820]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824, A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From India and 
Taiwan: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders

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 five-
year sunset reviews of the antidumping duty orders on polyethylene 
terephthalate film, sheet, and strip (PET Film) from India and Taiwan 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\1\ As a result of adequate substantive response on filed on 
behalf of domestic interested parties and inadequate response from 
respondent interested parties, the Department has conducted expedited 
sunset reviews for these orders pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(c). As a result of this sunset review, 
the Department finds that revocation of the antidumping duty orders 
would be likely to lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 72 FR 
30544 (June 1, 2007) (Notice of Initiation).

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DATES: Effective Date: October 9, 2007.

FOR FURTHER INFORMATION CONTACT: Martha Douthit or Dana Mermelstein, 
AD/CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-5050 and (202) 
482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2007, the Department initiated sunset reviews of the 
antidumping duty orders on PET Film from India and Taiwan, pursuant to 
section 751(c) of the Act. See Notice of Initiation. Within the 
deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations, the Department received notices of intent to participate 
from domestic interested parties DuPont Teijin Films (DuPont), 
Mitsubishi Polyester Film of America (MFA), SKC, Inc. (SKC), and Toray 
Plastics (America), Inc. (TPA) (collectively, the PET Film Group). 
DuPont, MFA, and TPA were the petitioners in the original 
investigation. SKC was a supporter of the petition in the original 
investigation. The PET Film Group stated that they are not related to 
any Indian or Taiwanese producers or exporters of the subject 
merchandise. In addition, members of the PET Film Group noted that they 
are not importers of the subject merchandise and they are not related 
to any importer of the subject merchandise. The PET Film Group claimed 
interested party status under section 771(9)(C) of the Act as U.S. 
producers of a domestic like product.
    On July 2, 2007, the Department received substantive responses from 
the PET Film Group within the deadline specified in 19 CFR 
351.218(d)(3)(i). We did not receive responses from respondent 
interested parties in this proceeding. As such, pursuant to 19 CFR 
351.218(e)(1)(ii)(c)(1), the Department notified the ITC that 
respondent interested parties' responses were inadequate. See Letter 
from Susan Kuhbach, Senior Director, AD/CVD Operations, Office 1, 
Import Administration, to Robert Carpenter, Director, Office of 
Investigations, ITC, dated July 23, 2007. In accordance with section 
751(c)(3)(B) of the Act, the Department has conducted an expedited 
review of these orders.

Scope of the Orders

India and Taiwan

    The products covered by these orders are all gauges of raw, 
pretested, or primed 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 more than 0.00001 inches thick. 
Imports of PET film were currently 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). Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of these orders is dispositive. Since these orders were 
published, there was one scope determination for PET Film from India, 
dated August 25, 2003. In this determination, requested by 
International Packaging Films, Inc., the

[[Page 57298]]

Department determined that tracing and drafting film is outside of the 
scope of the order on PET Film from India.\2\
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    \2\ See Notice of Scope Rulings, 70 FR 24533 (May 10, 2005).
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Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum for the Expedited Sunset Reviews of the Antidumping 
Duty Orders on PET Film from India and Taiwan; Final Results from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, dated concurrently with this notice, and which is 
hereby adopted by this notice (Decision Memorandum). The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if these orders were to be revoked. Parties can find 
a complete discussion of all issues raised in these reviews and the 
corresponding recommendations 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/frn. The paper copy and electronic 
version of the Decision Memo are identical in content.

Final Results of Review

    The Department has determined that revocation of the antidumping 
duty orders on PET Film from India and Taiwan would be likely to lead 
to continuation or recurrence of dumping. Further, the Department 
determines that the rates likely to prevail are as follows:
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    \3\ In the investigation, we found Ester's rate to be 24.14 
percent, which was adjusted to 5.71 percent to take into account the 
export subsidy rate found in the companion countervailing duty 
investigation.
    \4\ In the investigation, we found Polyplex's rate to be 10.3 
percent, which was adjusted to 0.01 percent to take into account the 
export subsidy rate found in the companion countervailing duty 
investigation, and we excluded Polyplex from the antidumping order. 
Polyplex's exclusion was subsequently reversed by a decision of the 
Court of International Trade. See Dupont Teijin Films USA, LP, 
Mitsubishi Polyester Film of America, LLC, and Toray Plastics 
(America), Inc. v. United States and Polyplex Corporation Limited, 
USCIT Slip Op. 04-70 (June 18, 2004); Notice of Decision of the 
Court of International Trade: Polyethylene Terephthalate Film, 
Sheet, and Strip from India, 69 FR 40352 (July 2, 2004).

------------------------------------------------------------------------
                                                             Weighted
           Manufacturers/exporters/ producers             average margin
                                                             (percent)
------------------------------------------------------------------------
India
  Ester.................................................        \3\ 5.71
  Polyplex Corporation Limited..........................        \4\ 0.01
  All Others............................................        \5\ 5.71
Taiwan
  Nan Ya Plastics Corporation, Ltd......................            2.49
  Shinkong Synthetic Fibers Corporation.................            2.05
    All Others..........................................            2.40
------------------------------------------------------------------------

     
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    \5\ The ``all others'' rate established in the investigation was 
based on Ester's rate.
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International Trade Commission (ITC) Notification

    In accordance with section 752(c)(3) of the Act, we will notify the 
ITC of the final results of these expedited sunset reviews.

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 orders 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 the results and notice in accordance 
with sections 751(c), 752, and 777 of the Act.

    Dated: October 1, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-19820 Filed 10-5-07; 8:45 am]
BILLING CODE 3510-DS-P