[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36353-36354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14441]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1131-1134 (Final)]


Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, 
China, Thailand, and the United Arab Emirates

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1131-1134 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from Brazil, China, 
Thailand, and the United Arab Emirates of polyethylene terephthalate 
film, sheet, and strip, provided for in statistical reporting number 
3920.62.00.90 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as:
    ``All gauges of raw, pre-treated, or primed PET film, whether 
extruded or co-extruded. Excluded are metallized films and other 
finished films that have had at least one of its surfaces modified 
by the application of a performance-enhancing resinous or inorganic 
layer more than 0.00001 inches thick. Also excluded is Roller 
transport cleaning film which has at least one of its surfaces 
modified by application of 0.5 micrometers of SBR latex. Tracing and 
drafting film is also excluded. PET film is classifiable under 
subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the 
United States (HTSUS). While HTSUS subheadings are provided for 
convenience and purposes of Customs and Border Protection (CBP), our 
written description of the scope of these investigations is 
dispositive.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: May 5, 2008.

FOR FURTHER INFORMATION CONTACT: Cynthia Trainor (202-205-3354), Office 
of Investigations, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that imports of polyethylene terephthalate film, 
sheet, and strip from Brazil, China, and the United Arab Emirates are 
being sold in the United States at less than fair value within the 
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in a petition filed on September 28, 2007, by DuPont 
Teijin Films, Hopewell, VA; Mitsubishi Polyester Film of America, 
Greer, SC; SKC America, Inc., Covington, GA; and Toray Plastics 
(America), Inc., North Kingston, RI.
    Although the Department of Commerce has preliminarily determined 
that imports of polyethylene terephthalate film, sheet, and strip from 
Thailand are not being and are not likely to be sold in the United 
States at less than fair value, for purposes of efficiency the 
Commission hereby waives rule 207.21(b) \2\ so that the final phase of 
the investigations may proceed concurrently in the event that Commerce 
makes a final affirmative determination with respect to such imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on 
September 5, 2008, and a public version will be issued thereafter, 
pursuant to section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on September 
18, 2008, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before September 11, 2008. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on September 15, 2008, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission.

[[Page 36354]]

Prehearing briefs must conform with the provisions of section 207.23 of 
the Commission's rules; the deadline for filing is September 12, 2008. 
Parties may also file written testimony in connection with their 
presentation at the hearing, as provided in section 207.24 of the 
Commission's rules, and posthearing briefs, which must conform with the 
provisions of section 207.25 of the Commission's rules. The deadline 
for filing posthearing briefs is September 25, 2008; witness testimony 
must be filed no later than three days before the hearing. In addition, 
any person who has not entered an appearance as a party to the 
investigations may submit a written statement of information pertinent 
to the subject of the investigations, including statements of support 
or opposition to the petition, on or before September 25, 2008. On 
October 14, 2008, the Commission will make available to parties all 
information on which they have not had an opportunity to comment. 
Parties may submit final comments on this information on or before 
October 16, 2008, but such final comments must not contain new factual 
information and must otherwise comply with section 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of sections 
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
rules do not authorize filing of submissions with the Secretary by 
facsimile or electronic means, except to the extent permitted by 
section 201.8 of the Commission's rules, as amended, 67 Fed. Reg. 68036 
(November 8, 2002). Even where electronic filing of a document is 
permitted, certain documents must also be filed in paper form, as 
specified in II (C) of the Commission's Handbook on Electronic Filing 
Procedures, 67 Fed. Reg. 68168, 68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 10, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-14441 Filed 6-25-08; 8:45 am]
BILLING CODE 7020-02-P