[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Notices]
[Pages 18259-18260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6951]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-580-807


Polyethylene Terephthalate Film, Sheet, and Strip from the 
Republic of Korea: Final Results of Antidumping Duty Changed 
Circumstances Review and Reinstatement of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 2, 2007 the Department of Commerce (the Department) 
published the preliminary results of the changed circumstances review 
and intent to reinstate Kolon Industries, Inc. (Kolon) in the 
antidumping duty order on polyethylene terephthalate film, sheet and 
strip (PET film) from the Republic of Korea (Korea). See Polythylene 
Terephthalate Film Sheet and Strip from the Republic of Korea: 
Preliminary Results of Changed Circumstances Review and Intent to 
Reinstate Kolon Industries, Inc. in the Antidumping Order, 72 FR 56048 
(October 2, 2007) (Preliminary Results). On February 6, 2008 we 
extended the time frame for completion of this changed circumstances 
review by 60 days. See Polythylene Terephthalate Film, Sheet, and Strip 
from the Republic of Korea: Extension of Time Limits for Final Results 
of Changed Circumstances Review, 73 FR 6931 (February 6, 2008).
    This review covers subject merchandise manufactured and exported by 
Kolon. The products covered by this order are all gauges of PET film, 
sheet and strip (see ``Scope of the Review'' section below). The period 
of review (POR) is July 1, 2005 through June 30, 2006. Based on our 
analysis of the comments received, we have made changes in the margin 
calculation. Therefore, the final results differ from the preliminary 
results. We determine that Kolon sold subject merchandise at less than 
normal value (NV) during the POR, and hereby reinstate Kolon in the 
order. The final weighted-average dumping margin is listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: April 3, 2008.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2007, the Department published in the Federal 
Register the preliminary results of changed circumstances review and 
intent to reinstate Kolon in the antidumping order on PET film from 
Korea. See Preliminary Results. This review covers sales of subject 
merchandise by Kolon. The POR is July 1, 2005 through June 30, 2006.
    We invited interested parties to comment on the preliminary results 
of review. On November 5, 2007, we received comments from Kolon and the 
petitioners (DuPont Teijin Films, Mitsubishi Polyester Film, Inc, and 
Toray Plastics (America) Inc.). On November 13, 2007, Kolon and the 
Petitioners filed rebuttal comments. At the request of Kolon, we held a 
hearing on this changed circumstances review on November 21, 2007. On 
February 6, 2008, we extended the time frame for completion of this 
changed circumstances review by 60 days. The Department has conducted 
this changed circumstances review in accordance with section 751(b) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    Imports covered by this review are shipments of all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet, and 
strip, whether extruded or coextruded. The films excluded from this 
review 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. PET film is currently classifiable 
under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS 
subheading is provided for convenience and for customs purposes. The 
written description remains dispositive as to the scope of the product 
coverage.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
Kolon and the Petitioners are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated March 30, 2008, 
which is adopted by this notice. A list of issues which parties have 
raised is in the Decision Memorandum and is attached to this notice as 
an appendix. Parties can find a complete discussion of all issues 
raised in this review and the corresponding recommendations in the 
Decision Memorandum which is on file in the Central Records Unit, Room 
1117, of the main Commerce Building. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and the electronic version of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. These changes are discussed 
in the relevant sections of the Decision Memorandum and the Memorandum 
to the File from Michael J. Heaney dated March 31, 2007 (Analysis 
Memorandum). Specifically, for these final results:
    1) We matched home market and U.S. sales of PET film by their 
actual thicknesses rather than by thickness ranges.
    2) We made a deduction from CEP to account for bank and postal 
charges incurred by Kolon's U.S. affiliate.
    3) We corrected a clerical error in our recalculation of variable 
cost of manufacture.

Final Results of Review

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

------------------------------------------------------------------------
                  Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Kolon...................................................    1.53 percent
------------------------------------------------------------------------

    Since we have established that PET film from Korea manufactured and 
exported by Kolon is being sold at less than NV, Kolon is hereby 
reinstated in the antidumping order effective on the publication date 
of this notice. We will

[[Page 18260]]

advise the U.S. Customs and Border Protection to collect a cash deposit 
of 1.53 percent on all entries of the subject merchandise exported by 
Kolon that are entered, or withdrawn from warehouse, for consumption on 
or after the publication date of these final results. This requirement 
shall remain in effect until publication of the final results of the 
next administrative review as to Kolon. There are no changes to the 
rates applicable to any other companies under this antidumping duty 
order.

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with the final results of review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/disposition 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 this determination in accordance with 
section 751(b)(1) of the Act and 19 CFR 351.216.

    Dated: March 28, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix-Comments in Decision Memo

    1. Authority to reinstate Kolon in the antidumping Order>
    2. Whether Changed Circumstances Reviews Are a Suitable Vehicle for 
Reinstating Previously Revoked Respondents Within an Order
    3. Whether Reinstating Revoked Respondents is Consistent with the 
Court's Decision on Asahi Chemical
    4. Authority of Department to Require Kolon to Sign a Reinstatement 
Agreement>
    5. Whether Procedures Applicable to Reviews or Investigations 
Should Govern this Proceeding
    6. Zeroing
    7. Model-Match Methodology
    8. Calculation of General and Administrative Expenses
    9. Calculation of Variable Cost of Manufacture
    10. Adjustment for Kolon's Bank and Postal Charges
[FR Doc. E8-6951 Filed 4-2-08; 8:45 am]
BILLING CODE 3510-DS-S