[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Notices]
[Pages 7708-7710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2467]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(C-533-825)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2007, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of 
administrative review of the countervailing duty order on polyethylene 
terephthalate film, sheet, and strip (PET Film) from India for the 
period January 1, 2005 through December 31, 2005. See Polyethylene 
Terephthalate Film, Sheet, and Strip from India: Notice of Preliminary 
Results and Rescission, in Part, of Countervailing Duty Administrative 
Review, 72 FR 43607 (August 6, 2007) (Preliminary Results). Based on 
the results of our verification and our analysis of the comments 
received, the Department has revised the subsidy rates for the 
respondents; Garware Polyester Ltd. (Garware) and MTZ Polyfilms, Ltd. 
(MTZ). The final subsidy rates for the reviewed companies are listed 
below in the section entitled ``Final Results of Review.''

[[Page 7709]]


EFFECTIVE DATE: February 11, 2008

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Sean Carey, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0197, or (202) 482-3964, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the Preliminary Results, the following 
events have occurred. As provided in 782(i) of the Tariff Act of 1930, 
as amended (the Act), the Department conducted a verification of the 
questionnaire responses submitted by the Government of India (GOI), 
Garware, and MTZ from September 11 through September 25, 2007. We used 
standard verification procedures, including on-site examination of 
relevant records and original source documents. Our verification 
results are outlined in the verification memoranda, public versions of 
which are on file in the Central Records Unit (CRU), room 1117 of the 
Main Commerce Building. See ``Verification of the Questionnaire 
Responses Submitted by the Government of India (GOI)'' (December 7, 
2007) (GOI Verification Report); ``Verification of the Questionnaire 
Responses Submitted by Garware Polyester, Ltd. (Garware)'' (December 7, 
2007) (Garware Verification Report); and ``Verification of the 
Questionnaire Responses Submitted by MTZ Polyfilms Ltd. (MTZ)'' 
(December 7, 2007) (MTZ Verification Report). On December 20, 2007, 
Dupont Teijin Films, Mitsubishi Polyester Film of America, and Toray 
Plastics (America), Inc. (collectively, the Petitioners), Garware, and 
MTZ filed case briefs. Garware, MTZ and Petitioners filed rebuttal 
briefs on December 28, 2007. Based on a request by MTZ, a public 
hearing was held on January 10, 2008.

Scope of the Order

    For purposes of the order, the products covered are all gauges of 
raw, pretreated, or primed Polyethylene Terephthalate Film, Sheet and 
Strip, 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 
are classifiable in 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 description of the 
scope of the order is dispositive.

Analysis of Comments Received

    Following the release of the verification reports for the GOI, 
Garware and MTZ, we gave interested parties an opportunity to comment 
on our Preliminary Results. All issues raised in the case and rebuttal 
briefs by parties to this administrative review are addressed in the 
Issues and Decision Memorandum for the 2005 Countervailing Duty 
Administrative Review of 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 (February 4, 2008) (Issues and Decision 
Memorandum), which is hereby adopted by this notice. The Issues and 
Decision Memorandum also contains a complete analysis of the programs 
covered by this review and the methodologies used to calculate the 
subsidy rates. A list of the comments raised in the briefs and 
addressed in the Issues and Decision Memorandum is appended to this 
notice. The Issues and Decision Memorandum is on file in the CRU, and 
can be accessed directly on the Web at http://www.trade.gov/ia/.

Changes Since the Preliminary Results

    Based on our verification and analysis of comments received, we 
have made some adjustments in the methodology that was used in the 
Preliminary Results for calculating Garware's and MTZ's subsidy rates 
under several programs. All changes are discussed in detail in the 
Issues and Decision Memorandum.

Final Results of Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(5), we calculated individual ad valorem subsidy rates for 
the producers/exporters, Garware and MTZ, the only producers/exporters 
subject to review for the calendar year 2005, the period of review 
(POR) for this administrative review.

------------------------------------------------------------------------
                Manufacturer/Exporter                  Net Subsidy Rate
------------------------------------------------------------------------
Garware Polyester Ltd...............................       10.37[percnt]
MTZ Polyfilms Ltd...................................       33.94[percnt]
------------------------------------------------------------------------

Assessment and Cash Deposit Instructions

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review to liquidate shipments of 
subject merchandise by Garware and MTZ entered, or withdrawn from 
warehouse, for consumption on or after January 1, 2005 through December 
31, 2005, at 10.37 percent and 33.94 percent, respectively, ad valorem 
of the entered value. We will also instruct CBP to collect cash 
deposits of estimated countervailing duties, at these rates, on 
shipments of the subject merchandise by Garware and MTZ entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
companies, the Department has instructed CBP to assess countervailing 
duties at the cash deposit rates in effect at the time of entry, for 
entries between January 1, 2005 and December 31, 2005. The cash deposit 
rates for all companies not covered by this review are not changed by 
the results of this review.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 4, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix I

List Of Issues Addressed In The Issues And Decision Memorandum

Comment 1: Countervailability Determination and Cash-Deposit Adjustment 
for the Target Plus Scheme
Comment 2: Countervailing the Total Subsidy Provided by the Pre- and 
Post-Shipment Program
Comment 3: The Countervailability of the Advance License Program (ALP)
Comment 4: The Denominator in the Benefit Calculation for Export 
Promotion Capital Goods Scheme (EPCGS)
Comment 5: Calculation Methodology for EPCGS
Comment 6: Partial Fulfillment of the EPCGS Export Obligation
Comment 7: The Interest Rate Used to Calculate the EPCGS Benefit

[[Page 7710]]

Comment 8: EPCGS Benefits for Machinery Not Used to Produce Subject 
Merchandise
Comment 9: The Treatment of Countervailing Duties in the Benefit 
Calculation for EPCGS
Comment 10: Company Specific Average Useful Life (AUL) for MTZ
Comment 11: Purchases From a Union Territory
Comment 12: Adjustments to Cash Deposit Rates to Account for Program-
Wide Changes
Comment 13: State of Maharashtra (SOM) Sales Tax Exemption
Comment 14: Timetable for the Department to Consider Arguments
[FR Doc. E8-2467 Filed 2-8-08; 8:45 am]
BILLING CODE 3510-DS-S