[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75672-75673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29482]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-533-825)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 7, 2008, the Department of Commerce (Department) 
published in the Federal Register the preliminary results of 
administrative review of the countervailing duty order on polyethylene 
terephthalate film, sheet, and strip (PET film) from India for the 
period January 1, 2006 through December 31, 2006. See Polyethylene 
Terephthalate Film, Sheet, and Strip from India: Preliminary Results of 
Countervailing Duty Administrative Review, 73 FR 45956 (August 7, 2008) 
(Preliminary Results). Based on the results of our analysis of the 
comments received, the Department has revised the subsidy rates for the 
respondent, MTZ Polyfilms, Ltd. (MTZ). The final subsidy rate for the 
reviewed company is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: December 12, 2008.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0197.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the Preliminary Results, the following 
events have occurred. The Department issued its fifth supplemental 
questionnaire to the Government of India (GOI) and to MTZ on August 15, 
2008. The GOI and MTZ filed their fifth supplemental responses on 
August 29, 2008 and on September 9, 2008, respectively. On September 4, 
2008, the Department extended the briefing schedule to include MTZ's 
fifth supplemental response, and on September 12, 2008, the Department 
extended the deadline for interested parties to request a hearing. MTZ 
filed a case brief on September 15, 2008, and the petitioners, Dupont 
Teijin Films, Mitsubishi Polyester Film of America, and Toray Plastics 
(America), Inc., filed a rebuttal brief on September 22, 2008.\1\ Based 
on a request by MTZ, a hearing, including a closed session, was held on 
October 6, 2008.
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    \1\ Certain information referred to in MTZ's case brief was 
untimely. This information was inadvertently discussed in the 
hearing. On October 15, 2008, MTZ and petitioners re-filed their 
respective briefs with the information redacted. A copy of the 
official hearing transcript with the information redacted was placed 
on the record on October 23, 2008.
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Scope of the Order

    For purposes of the order, the products covered are all gauges of 
raw, pretreated, or primed Polyethylene Terephthalate Film, Sheet and 
Strip, 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 classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number

[[Page 75673]]

3920.62.00.90. HTSUS subheadings are provided for convenience and 
customs purposes. The written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum in the Final Results of the Countervailing Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip (PET Film) from India, from Stephen J. Claeys, Deputy Assistant 
Secretary to David M. Spooner, Assistant Secretary for Import 
Administration (December 5, 2008) (Issues and Decision Memorandum), 
which is hereby adopted by this notice. The Issues and Decision 
Memorandum also contains a complete analysis of the programs covered by 
this review and the methodologies used to calculate the subsidy rates. 
A list of the comments raised in the briefs and addressed in the Issues 
and Decision Memorandum is appended to this notice. The Issues and 
Decision Memorandum is on file in the Central Records Unit, Room 1117 
of the main Department building, and can be accessed directly on the 
Web at http://ia.ita.doc.gov/frn.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made some 
adjustments in the methodology that was used in the Preliminary Results 
for calculating MTZ's subsidy rates under several programs. All changes 
are discussed in detail in the Issues and Decision Memorandum.

Final Results of Review

    In accordance with section 751(a)(1)(A) of the Tariff Act of 1930, 
as amended (Act) and 19 CFR 351.221(b)(5), we calculated individual ad 
valorem subsidy rates for MTZ, the only producer/exporter subject to 
review for the calendar year 2006, the period of review for this 
administrative review.

------------------------------------------------------------------------
                                                            Net Subsidy
                  Manufacturer/Exporter                        Rate
------------------------------------------------------------------------
MTZ Polyfilms Ltd.......................................  65.59 [percnt]
------------------------------------------------------------------------

Assessment and Cash Deposit Instructions

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review to liquidate shipments of 
subject merchandise by MTZ entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2006 through December 31, 2006, at 
65.59 percent ad valorem of the entered value. We will also instruct 
CBP to collect cash deposits of estimated countervailing duties, at 
this rate, on shipments of the subject merchandise by MTZ entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
companies, the Department has instructed CBP to assess countervailing 
duties at the cash deposit rates in effect at the time of entry, for 
entries between January 1, 2006 and December 31, 2006. The cash deposit 
rates for all companies not covered by this review are not changed by 
the results of this review.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 5, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

List of Issues Addressed in the Issues and Decision Memorandum

Pre-Shipment and Post-Shipment Export Financing Program
Comment 1: MTZ's Participation in the Pre-Shipment and Post-Shipment 
Export Financing Program
Benefit Calculation Under the Export Promotion Capital Goods Scheme 
(EPCGS)
Comment 2: Education Cess
Comment 3: Special Additional Duty
Comment 4: Unpaid Import Duty Liabilities (Benefit Earned and 
Denominator)
Comment 5: Partial Fulfillment of Export Obligation
Comment 6: Interest Rate Benchmark for Contingent Liabilities
Advanced License Program (ALP)
Comment 7: Countervailability of the ALP
Union Territories Central Sales Tax Programs (CST)
Comment 8: The Benefits Received Under the Program
Comment 9: Adjustments to Cash Deposit Rates to Account for Program-
Wide Changes
Comity
Comment 10: Principle of Comity in the EPCGS and ALP
Due Process
Comment 11: Due Process Claims
[FR Doc. E8-29482 Filed 12-11-08; 8:45 am]
BILLING CODE 3510-DS-S