[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Notices]
[Pages 7252-7254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2270]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Certain Polyethylene Terephthalate Film, Sheet and Strip from 
India: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 7, 2007, the Department of Commerce (Department) 
published in the Federal Register its preliminary results of the 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet and strip (PET film) from India. See Certain 
Polyethylene Terephthalate Film, Sheet and Strip From India: 
Preliminary Results of Antidumping Duty Administrative Review, 72 FR 
44086 (August 7, 2007) (Preliminary Results).
    The review covers one respondent, MTZ Polyfilms, Ltd. (MTZ).

[[Page 7253]]

    Based on our analysis of comments received on the Preliminary 
Results, we have made changes to our calculations for MTZ. Therefore, 
the final results differ from the preliminary results of review. The 
final weighted-average dumping margin for MTZ is listed in the ``Final 
Results of the Review'' section below.

EFFECTIVE DATES: February 7, 2007.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Martha Douthit, AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1396 or (202) 
482-5050, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 7, 2007, the Department published the preliminary results 
of the administrative review of the antidumping duty order on PET film 
from India. In accordance with 19 CFR. 351.309(c)(ii), we invited 
parties to comment on our Preliminary Results. On September 6, 2007, 
MTZ, the sole respondent in this administrative review, submitted a 
case brief relating to one issue: Adjustment of export price by the 
amount of countervailing duties imposed on PET film. No rebuttal brief 
was filed by any other interested party, and no hearing was requested. 
We have now completed the administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Period of Review

    The period of review (POR) is July 1, 2005 through June 30, 2006.

Scope of the Order

    For purposes of this administrative review, the products covered 
are all gauges of raw, pretreated 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 of 
more than 0.00001 inches thick. Since the order was published, there 
has been one scope determination, dated August 25, 2003. In this 
determination, requested by International Packaging Films, Inc., the 
Department determined that tracing and drafting film is outside of the 
scope of the order. Imports of PET Film are classifiable under the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
number 3920.62.00. HTSUS subheadings are provided for convenience and 
customs purposes. The written scope of this proceeding is dispositive.

Analysis of Comments Received

    All issues raised by interested parties in the case briefs are 
listed in the Appendix to this notice, and addressed in the Memorandum 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, Issues and Decision Memorandum for the Administrative 
Review of the Antidumping Duty Order on PET Film from India (Decision 
Memorandum), which is hereby adopted by this notice. Parties can find a 
complete discussion of all issues raised in this administrative review 
in this public memorandum, which is on file in the Central Records 
Unit, Room B-099 of the main Department building. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Internet at http://ia.ita.doc.gov/. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received from MTZ, we have made 
changes to the margin calculation used in the Preliminary Results, 
taking into consideration the amount of countervailing duties imposed 
on subject merchandise to offset export subsidies, in accordance with 
section 772(c)(1)(C)of the Act.

Final Results of Review

    We determine that the following percentage margin exists for the 
period July 1, 2005 through June 30, 2006:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    average margin
                                                               (%)
------------------------------------------------------------------------
MTZ Polyfilms, Ltd.....................................            0.00
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries. 
The Department will issue appraisement instructions directly to U.S. 
Customs and Border Protection. For duty-assessment purposes, we 
calculated importer-specific assessment rates by dividing the dumping 
margins calculated for each importer by the total entered value of 
sales for each importer during the period of review.
    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of PET Film from India entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
MTZ will be the rate shown above; (2) for previously reviewed or 
investigated companies not covered in this review, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the less-than-fair-value (LTFV) 
investigation, but the manufacturer is a firm covered in this review, 
the cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the subject merchandise; and (4) if 
neither the exporter nor the manufacturer is a firm covered in this or 
any previous proceeding conducted by the Department, the cash deposit 
rate will continue to be 5.71 percent, which is the all others rate 
established in the less than fair value investigation (24.14 percent), 
adjusted for the export subsidy rate found in the companion 
countervailing duty investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties or countervailing 
duties prior to liquidation of the relevant entries during this review 
period. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of the antidumping duties or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties or countervailing duties.

Notification of Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the

[[Page 7254]]

proceeding. Timely written notification of the return/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 this determination and notice in 
accordance with sections 751(a)(1) of the Act.

    Dated: January 31, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Issues in the Decision Memorandum

Appendix 1

    1. Adjustment of Export Price (EP) by the countervailing duties 
imposed on PET Film.
[FR Doc. E8-2270 Filed 2-6-08; 8:45 am]
BILLING CODE 3510-DS-P