[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Notices]
[Pages 55035-55036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22449]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-351-841


Notice of Final Determination of Sales at Less Than Fair Value: 
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: September 24, 2008.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of polyethylene terephthalate film, sheet and strip (PET film) 
from Brazil are being, or are likely to be, sold in the United States 
at less than fair value, as provided in section 735 of the Tariff Act 
of 1930, as amended (the Act). The final dumping margins are listed 
below in the section entitled ``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington,

[[Page 55036]]

DC 20230; telephone: (202) 482-4475, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 5, 2008, the Department published the preliminary 
determination of sales at less than fair value (LTFV) in the 
antidumping investigation of polyethylene terephthalate film, sheet and 
strip from Brazil. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip 
from Brazil, 73 FR 24560 (May 5, 2008) (Preliminary Determination). On 
June 5, 2006 we extended the due date for issuing our final 
determination to September 17, 2008. See Postponement of Final 
Determination of Antidumping Duty Investigations: Polyethylene 
Terephthalate Film, Sheet and Strip from the People's Republic of 
China, Brazil, and Thailand. 73 FR 31964, June 5, 2006. We invited 
parties to comment on the Preliminary Determination. We received no 
comments.

Period of Investigation

    The period of investigation is July 1, 2006, through June 30, 2007.

Scope of Investigation

    The products covered in this investigation are all gauges of raw, 
pre-treated, or primed PET film, whether extruded or co-extruded. 
Excluded are metalized 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. 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 Customs purposes, our 
written description of the scope of this investigation is dispositive.

Adverse Facts Available

    For the final determination, we continue to find that by failing to 
respond to sections A through E of our questionnaire and by withdrawing 
from the proceeding, Terphane Ltda, (Brazil) (Terphane) did not 
cooperate to the best of its ability in this investigation. See 
Preliminary Determination, 73 FR at 24562-24563. Thus, the Department 
continues to find the use of adverse facts available is warranted for 
this company in accordance with sections 776(a)(2) and (b) of the Act. 
As we explained in the Preliminary Determination, the rate of 44.36 
percent we selected as the adverse facts-available rate is the highest 
margin alleged in the petition and we corroborated the adverse facts-
available rate pursuant to section 776(c) of the Act.

All-Others Rate

    As explained in the Preliminary Determination, we continue to 
assign as the all-others rate a simple average of the rates in the 
petition, that is, 28.72 percent. See Preliminary Determination, 73 FR 
at 24564.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period April 1, 2006, through March 31, 2007:

------------------------------------------------------------------------
                                                      Weighted-Average
                Producer/Exporter                   Margin (Percentage)
------------------------------------------------------------------------
Terphane.........................................                  44.36
All Others.......................................                  28.72
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.210(d)(1), we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from Brazil entered, or withdrawn from warehouse, for 
consumption on or after May 5, 2008, the date of the publication of the 
Preliminary Determination. We will instruct CBP to require a cash 
deposit or the posting of a bond equal to the weighted-average margin, 
as indicated in the chart above, as follows: (1) the rate for Terphane 
will be the rate we have determined in this final determination; (2) if 
the exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 28.72 percent. These suspension-of-liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: September 17, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-22449 Filed 9-23-08; 8:45 am]
BILLING CODE 3510-DS-S