[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71601-71603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28018]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-533-824


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2008, the Department of Commerce (the Department) 
published in the Federal Register, the preliminary results of this 
administrative review of Polyethylene Terephthalate Film, Sheet, and 
Strip (PET Film). See Polyethylene Terephthalate Film, Sheet, and Strip 
from India: Preliminary Results of and Partial Recession the 
Antidumping Duty Administrative Review, 73 FR 45699 (August 6, 2008) 
(Preliminary Results). The review covers one respondent, Jindal Poly 
Films Limited (Jindal). The period of review (POR) is July 1, 2006, 
through June 30, 2007. We invited interested parties to submit comments 
on our Preliminary Results. Based on our analysis of the comment 
received, we have made a change to our calculations with respect to the 
treatment of duty drawback. For the final dumping margins see the 
``Final Results of Review'' section below.

EFFECTIVE DATE: November 25, 2008.

FOR FURTHER INFORMATION CONTACT: Martha Douthit, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

[[Page 71602]]

Background

    Since the publication of the Preliminary Results, the following 
event has occurred. On August 25, 2008, Jindal timely submitted a case 
brief commenting on the calculations with respect to duty drawback. 
Petitioners, Dupont Teijin Films, Mitsubishi Polyester Film Of America, 
Toray Plastics (America), Inc., and SKC America, Inc. did not file a 
case or rebuttal brief.

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed PET film, 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 currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
number 3920.62.00.90. HTSUS subheadings are provided for convenience 
and customs purposes. The written description of the scope of the 
antidumping duty order is dispositive.
    On August 25, 2003, the Department determined, in a scope ruling, 
that tracing and drafting film is outside of the scope of the order. 
See Notice of Scope Ruling, 70 FR 24533 (May 10, 2005).

Analysis of Comment Received

    The sole issue raised in the case brief by a party to this 
proceeding is addressed in the Memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, Issue and 
Decision Memorandum for the Final Results of Administrative Review of 
the Antidumping Duty Order on PET Film from India, (Decision 
Memorandum), dated concurrently with this notice, which is hereby 
adopted by this notice. The sole issue raised concerns the treatment of 
duty drawback. Parties can find a complete discussion of this issue in 
this public memorandum which is on file in the Central Records Unit, 
room 1117 of the Department of Commerce building. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Internet at: http://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 the comment received from Jindal, we have made a change to 
the margin calculations used in the Preliminary Results. The adjustment 
is discussed in detail in the Decision Memorandum.

Final Results of Review

    We determine that the following weighted average antidumping margin 
exists for the period July 1, 2006, through June 30, 2007.

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
------------------------------------------------------------------------
Jindal Poly Films Limited (Jindal).....................   0.00 percent
                                                          (de minimis)
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act). Pursuant to 19 CFR 351.106(c)(2), we will instruct 
CBP to liquidate without regard to antidumping duties any entries for 
which the assessment rate is de minimis (i.e., less than 0.50 percent). 
The Department intends to issue assessment instructions directly to CBP 
15 days after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). See Antidumping and Countervailing Duty 
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003). This clarification will apply to entries of subject merchandise 
during the POR produced by any of the companies for which we are 
rescinding this review, and for which each no-shipment respondent did 
not know its merchandise would be exported by another company to the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, consistent 
with section 751(a)(2)(C) of the Act: (1) the cash deposit rate will be 
zero for Jindal; (2) if the exporter is not a firm covered in this 
review, but was covered in a previous review or the original less than 
fair value (LTFV) investigation, the cash deposit rate will continue to 
be the company-specific rate published for the most recent period; (3) 
if the exporter is not a firm covered in this review, a prior review, 
or the original LTFV investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review conducted by the Department, the cash deposit rate will continue 
to be the ``All Others'' rate established in the original LTFV 
investigation, adjusted for the export subsidy rate found in the 
companion countervailing duty investigation, which results in a rate of 
5.71 percent. See Certain Polyethylene Terephthalte Film, Sheet, and 
Strip from India: Final Results of Antidumping Duty Administrative 
Review, 70 FR 8072 (February 17, 2005). These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of the APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.


[[Page 71603]]


    Dated: November 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28018 Filed 11-24-08; 8:45 am]
BILLING CODE 3510-DS-S