[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64912-64913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26035]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-825]


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

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

EFFECTIVE DATE: October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce (the Department), 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0193 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Amendment to the Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on September 17, 2008, the Department 
made a final determination of sales at less than fair value (LTFV) in 
the investigation of polyethylene terephthalate film, sheet, and strip 
(PET Film) from Thailand. The final determination was subsequently 
released to all parties in the proceeding, and published in the Federal 
Register on September 24, 2008. See Notice of Final Determination of 
Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, 
and Strip from Thailand, 73 FR 55043 (September 24, 2008) (Final 
Determination).
    On September 25, 2008, and pursuant to 19 CFR 351.224(c)(2), we 
received a timely-filed allegation from respondent Polyplex Thailand 
Public Company Limited and its U.S. affiliate Polyplex Americas, Ltd. 
(collectively, Polyplex), that the Department made ministerial errors 
with respect to its final dumping margin calculation. See Letter from 
Polyplex to the Department, regarding ``Ministerial Error Comments,'' 
dated September 25, 2008. On September 30, 2008, we received comments 
from Petitioners\1\ regarding the ministerial errors alleged by 
Polyplex. See Letter from Petitioners to the Department, regarding the 
ministerial errors alleged by Polyplex, dated September 30, 2008.
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    \1\ DuPont Teijin Films, Mitsubishi Polyester Film of America, 
Inc., SKC, Inc. and Toray Plastics (America), Inc. (collectively, 
Petitioners).
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    After analyzing the respondent's ministerial error comments and 
considering Petitioners' comments

[[Page 64913]]

thereof, we have determined, in accordance with 19 CFR 351.224(e), that 
we made certain ministerial errors with respect to our final dumping 
margin calculation for Polyplex and have revised our margin calculation 
accordingly. Specifically, the Department inadvertently did not convert 
domestic inventory carrying cost (DINVCARU) into U.S. dollars after re-
calculating this expense for the Final Determination to account for 
certain changes to Polyplex's reported costs. See Final Determination, 
73 FR at 55044. The Department has revised its calculation of DINVCARU 
to convert this expense into U.S. dollars as intended. Additionally, 
the Department inadvertently failed to account for certain income 
accounts reported in Polyplex Americas, Ltd.'s Saracote division when 
calculating the U.S. indirect selling expense (ISE) ratio. See ``Issues 
and Decision Memorandum for the Final Determination of the Antidumping 
Duty Investigation of Polyethylene Terephthalate Film, Sheet, and Strip 
(PET Film) from Thailand'' (Decision Memorandum) from Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration, to David 
M. Spooner, Assistant Secretary for Import Administration, dated 
September 17, 2008, at Comment 5. For this amended final determination, 
the Department has revised its calculation of the U.S. ISE ratio to 
account for certain income expenses recorded by the Saracote division 
of Polyplex Americas, Ltd. as intended. Finally, the Department 
inadvertently failed to include bad debt expenses in its calculation of 
the U.S. ISE ratio for Polyplex. See Decision Memorandum at Comment 5. 
For a detailed discussion of the ministerial errors alleged by Polyplex 
as well as the Department's analysis, see Memorandum from the Team to 
Richard O. Weible, entitled, ``Ministerial Error Allegation in the 
Final Determination of the Antidumping Duty Investigation of 
Polyethylene Terephthalate Film, Sheet, and Strip from Thailand,'' 
dated October 24, 2008. Correcting these errors results in a revised 
margin of 5.36 percent for Polyplex as indicated in the ``Amended Cash 
Deposits'' section below.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of polyethylene terephthalate film, sheet, and strip from 
Thailand for Polyplex.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins and any margins determined entirely under section 776 
of the Act. For this amended final determination, we have calculated an 
amended margin for Polyplex that is above de minimis and will use this 
rate as the all-others rate as no other producer was investigated.
    Therefore, for purposes of determining the all-others rate, and 
pursuant to section 735(c)(5)(A) of the Act, we are using the amended 
weighted-average dumping margin calculated for Polyplex of 5.36 
percent.

Amended Cash Deposits

    The revised weighted-average dumping margins are as follows:

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                                                  Final Determination Weighted-  Amended Final Weighted-Average
              Manufacturer/Exporter                 Average Margin Percentage              Percentage
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Polyplex........................................                          6.07                              5.36
All-Others......................................                          6.07                              5.36
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of polyethylene terephthalate film, 
sheet, and strip from Thailand. CBP shall require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as indicated in the chart above. These instructions suspending 
liquidation will remain in effect until further notice.
    This amended determination is issued and published pursuant to 
section 735(e) and 777(i)(1) of the Act.

    Dated: October 24, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-26035 Filed 10-30-08; 8:45 am]
BILLING CODE 3510-DS-S