[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1135-1136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-145]


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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 the Expedited Third Five-Year 
(Sunset) Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 1, 2010, the Department of Commerce (the 
Department) initiated the third sunset review of the antidumping duty 
order on polyethylene terephthalate film, sheet, and strip from the 
Republic of Korea, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). The Department has conducted an expedited 
(120-day) sunset review pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As 
a result of this sunset review, the Department finds that revocation of 
the antidumping duty order would be likely to lead to continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Contact Tyler Weinhold 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) 482-1121, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION

Background

    On September 1, 2010, the Department initiated the third sunset 
review of the antidumping duty order on polyethylene terephthalate 
film, sheet, and strip from the Republic of Korea, pursuant to section 
751(c) of the Act. See Initiation of Five-Year (``Sunset'') Review, 75 
FR 53664 (September 1, 2010) (Notice of Initiation).
    The Department received a notice of intent to participate from 
DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and 
Toray Plastics (America), Inc. (collectively, ``petitioners'' or 
``domestic interested parties''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). The petitioners claimed domestic interested party 
status under section 771(9)(C) of the Act stating that they are 
producers in the United States of a domestic like product.
    The Department received a response to the Notice of Initiation from 
the

[[Page 1136]]

domestic interested parties on October 1, 2010, within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). On October 20, 2010, the 
domestic interested parties submitted a correction to their response, 
correcting certain inaccuracies. We received no substantive responses 
from respondent interested parties. We determined the response of the 
domestic interested parties to be an adequate substantive response in 
accordance with 19 CFR 351.218(d)(3). As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited (120-day) sunset review of the 
antidumping duty order on polyethylene terephthalate film, sheet, and 
strip from the Republic of Korea.

Scope of the Order

    Imports covered by the order 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 more than 0.00001 
inches (0.254 micrometers) thick.
    Polyethylene terephthalate film, sheet, and strip is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 3920.62.00. The HTSUS 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 this sunset review are addressed in ``Issues 
and Decision Memorandum for the Final Results of Expedited Third Sunset 
Review of the Antidumping Duty Order on Polyethylene Terephthalate 
Film, Sheet, and Strip from the Republic of Korea'' from Edward C. 
Yang, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration (Issues and Decision 
Memorandum), which is hereby adopted by, and issued concurrently with, 
this notice. The issues discussed in the Issues and Decision Memorandum 
are the likelihood of continuation or recurrence of dumping and the 
magnitude of the margins likely to prevail if the order was revoked. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit, room 7046 of the main 
Commerce Department building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on 
polyethylene terephthalate film, sheet and strip from the Republic of 
Korea would be likely to lead to continuation or recurrence of dumping 
at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/Exporters/ Producers                 margin
                                                              (percent)
------------------------------------------------------------------------
SKC Limited................................................        13.92
All Others.................................................        21.50
------------------------------------------------------------------------

    These dumping margins are from the Less-Than-Fair-Value 
Investigation, as amended pursuant to remand in E.I. Dupont de Nemours 
& Co., Inc. v. United States, 954 F. Supp. 263 (CIT 1997). See 
Polyethylene Terephthalate Film, Sheet, and Strip From the Republic of 
Korea; Notice of Final Court Decision and Amended Final Determination 
of Antidumping Duty Investigation, 62 FR 50557 (September 26, 1997).

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: December 29, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-145 Filed 1-6-11; 8:45 am]
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