[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 57993-57994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27078]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 6, 2009 the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping order on polyethylene terephthalate film, sheet and strip 
(PET film) from the Republic of Korea (Korea). See Polythylene 
Terephthalate Film, Sheet, and Strip from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review, 74 FR 
31922 (July 6, 2009) (Preliminary Results). This review covers one 
manufacturer/exporter of the subject merchandise to the United States, 
Kolon Industries, Inc. (Kolon). The period of review (POR) is October 
2, 2007, through May 31, 2008.
    Based on our analysis of the comments received, we have made 
changes in the margin calculation for Kolon. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margin is listed below in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE: November 10, 2009.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers one manufacturer/exporter of the subject 
merchandise, Kolon. On July 6, 2009, the Department published in the 
Federal Register the preliminary results of the October 2, 2007, 
through May 31, 2008, administrative review of the antidumping order on 
PET film from Korea. See Preliminary Results.
    We invited interested parties to comment on the preliminary results 
of review. On August 5, 2009, we received comments from Kolon. We 
received no rebuttal comments. The Department has conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).

Scope of the Order

    Imports covered by this review are shipments of all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet, and 
strip, whether extruded or coextruded. The films excluded from this 
review 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 (0.254 micrometers) thick. PET film is currently classifiable 
under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS 
subheading is provided for convenience and for customs purposes. The 
written description remains dispositive as to the scope of the product 
coverage.

Analysis of Comments Received

    All issues raised in the case brief submitted by Kolon are 
addressed in the ``Issues and Decision Memorandum'' (Decision 
Memorandum) from Edward M. Yang, Senior Executive Coordinator,

[[Page 57994]]

China/NME Unit, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Import Administration, dated November 3, 2009, which is adopted by this 
notice. A list of issues which parties have raised is in the Decision 
Memorandum and is attached to this notice as an appendix. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in the Decision Memorandum which is on 
file in the Central Records Unit, Room 1117, of the main Commerce 
Building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://www.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 our analysis of the comments received, we have made 
certain changes in the margin calculations. These changes are discussed 
in the relevant sections of the Decision Memorandum and the Memorandum 
to the File from Michael J. Heaney dated November 3, 2009 (Analysis 
Memorandum). Specifically, for these final results:
    1) We have deducted from NV the inland freight expenses incurred by 
Kolon in shipping PET film from its plant to its warehouse.
    2) We have calculated a single, importer-specific assessment rate 
for Kolon's CEP sales.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period October 2, 2007, through May 31, 2008:

------------------------------------------------------------------------
                 Manufacturer / Exporter                      Margin
------------------------------------------------------------------------
Kolon Industries, Inc...................................    0.13 percent
                                                            (de minimis)
------------------------------------------------------------------------

Assessment

    Since the final rate for Kolon Industries, Inc. is de minimis, the 
Department will instruct Customs and Border Protection (CBP) to assess 
no dumping duties on the entries covered by this review. The Department 
intends to issue appraisement instructions to CBP 15 days after the 
date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this final results of review for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Act: (1) because the rate for Kolon is de 
minimis, i.e., less than 0.5 percent, no cash deposit will be required 
for Kolon; (2) if the exporter is not a firm covered in this review or 
the less than fair value (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 (3) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review, the cash deposit rate will be the all-others rate of 21.50 
percent from the LTFV investigation. See Polyethylene Terephthalate 
Film, Sheet, and Strip From the Republic of Korea; Notice of Final 
Court Decision and Amended Final Determination of Anti-Dumping Duty 
Investigation, 62 FR 50557 (September 26, 1997).\1\
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    \1\ The Preliminary Results incorrectly listed the all others 
rate as 4.82 percent. However, that 4.82 cash deposit rate was 
amended because of judicial review to the 21.50 percent rate listed 
in this notice.
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Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with the final results of review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/disposition 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 this determination in accordance with 
section 751(a)(1) and 777(i) of the Act.

    Dated: November 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix-Comments in Decision Memo

    1. Inland Freight incurred by Kolon from plant to warehouse
    2. Calculation of a single, importer-specific assessment rate for 
Kolon's CEP sales
    3. Zeroing
[FR Doc. E9-27078 Filed 11-09-09; 8:45 am]
BILLING CODE 3510-DS-S