[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71512-71514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29491]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]


Polyethylene Terephthalate Film, Sheet, and Strip From Korea: 
Final Results of Antidumping Duty Administrative Review and Revocation 
in Part

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

SUMMARY: On July 8, 2011, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET film) from Korea, covering 
the June 1, 2009, to May 31, 2010, period of review (POR).\1\
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review, 76 FR 40325 (July 8, 2011) (Preliminary 
Results).
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    The respondent subject to this review is Kolon Industries, Inc., 
(Kolon). Based on a ministerial error allegation from Kolon, we have 
made changes in the margin calculation, as explained below in the 
section entitled ``Changes from Preliminary Results.'' As a result, the 
final results differ from the preliminary results. In addition, the 
Department is revoking the antidumping order on PET film from Korea 
with respect to Kolon.

DATES: Effective Date: November 18, 2011.

FOR FURTHER INFORMATION 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 July 8, 2011, the Department published the preliminary results 
of the administrative review of the antidumping duty order covering PET 
film from Korea for the POR of June 1, 2009, through May 31, 2010. See 
Preliminary Results.
    On July 8, 2011, Kolon submitted a ministerial error allegation 
with respect to the Department's Preliminary Results.\2\ On September 
21, 2011, the Department issued a memorandum to the file addressing 
Kolon's ministerial error allegation. See Memorandum from Tyler 
Weinhold to the File, ``Polyethylene Terephthalate Film, Sheet, and 
Strip from the Republic of Korea: Preliminary Results of Antidumping 
Duty Administrative Review: Allegations of Ministerial Errors,'' dated 
September 21, 2011 (Ministerial Error Memorandum).
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    \2\ See Kolon's letter regarding ``Polyethylene Terephthalate 
Film, Sheet, and Strip from Korea: Ministerial Errors in the 
Preliminary Results of the 2009/10 Administrative Review,'' dated 
July 8, 2011.
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    Also on September 21, 2011, the Department issued a memorandum 
informing interested parties of its intent to revoke the antidumping 
duty order with respect to Kolon on the condition that, in the final 
results, Kolon is found to have a de minimis or zero dumping margin and 
has met all the other requirements for revocation.\3\ The Department 
also reset the deadlines for parties to submit case briefs to October 
6, 2011, and reset the deadlines for parties to submit rebuttal briefs 
to October 11, 2011. Id.
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    \3\ See Memorandum from Richard D. Weible to Ronald K. 
Lorentzen, ``Polyethylene Terephthalate Film, Sheet, and Strip from 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review: Post-Preliminary Analysis and Calculation 
Memorandum and Intent to Revoke the Antidumping Order with Regard to 
Kolon Industries, Inc. (Kolon),'' dated September 21, 2011 
(Revocation Memorandum).
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    We allowed interested parties an opportunity to comment on the 
Preliminary Results. Kolon submitted a case brief on October 6, 2011, 
but subsequently withdrew its case brief on October 11, 2011. 
Petitioners \4\ did not submit a case brief.
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    \4\ The petitioners in this proceeding are DuPont Teijin Films, 
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics 
(America), Inc. (collectively, petitioners).
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Period of Review

    The POR is June 1, 2009, through May 31, 2010.

Scope of the Order

    Imports covered by this 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 metalized 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.
    PET film 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

[[Page 71513]]

description remains dispositive as to the scope of the product 
coverage.

Changes From Preliminary Results

    We confirm that an error was made in the manner described by Kolon 
in its July 8, 2011, allegation. The changes made to the margin 
calculation programs to correct this error from the Preliminary Results 
are explained further in the Ministerial Error Memorandum.

Revocation of Antidumping Duty Order in Part

    Based upon the reasons cited in Kolon's June 30, 2010, November 17, 
2010, and July 8, 2011, submissions, and upon the absence of dumping in 
each of the three most recent administrative reviews, the Department 
concludes that Kolon has met its burden of providing proper 
certification to satisfy the requirements for revocation in accordance 
with 19 CFR 351.222. The Department's preliminary analysis of the 
factors related to our decision to revoke the order with regard to 
Kolon is described in further detail in the Revocation Memorandum. The 
Department hereby adopts the conclusions described in the Revocation 
Memorandum and determines the following: (a) Kolon has made the proper 
certifications as described under 19 CFR 351.222(e) and 19 CFR 
351.222(b); (b) Kolon has not made sales at less than fair value for 
three consecutive years covered by the three most recently completed 
administrative review periods, in accordance with 19 CFR 
351.222(b)(2)(i)(A); (c) Kolon has made sales to the United States in 
commercial quantities over the three consecutive years covered by the 
three most recently completed administrative review periods in 
accordance with 19 CFR 351.222(d)(1); and d) in accordance with 19 CFR 
351.222(b)(2)(i)(C), that the continued application of the antidumping 
order with respect to Kolon is not otherwise necessary to offset 
dumping. Therefore, the Department is revoking the antidumping order on 
PET film from the Korea with respect to Kolon, effective for entries 
made after May 31, 2010.
    The Department revoked in whole the antidumping duty order on PET 
film Korea, effective October 20, 2010. See Polyethylene Terephthalate 
Film, Sheet, and Strip from Korea: Revocation of Antidumping Duty 
Order, 76 FR 57715 (September 16, 2011) (Revocation Notice); see also 
``Termination of Suspension of Liquidation,'' below, for further 
information. As a result of Kolon's revocation in part from the order, 
Kolon's entries of PET film made from June 1, 2010, through October 19, 
2010, are no longer subject to the antidumping duty order on PET film 
from Korea. Accordingly, the Department will rescind the ongoing 
administrative review for Kolon for the period June 1, 2010, through 
May 31, 2011.\5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, Requests for Revocations in Part and Deferral 
of Administrative Reviews, 76 FR 45227 (July 28, 2011).
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    \5\ Because Kolon is the only respondent subject to the 2010-
2011 administrative review, the Department will rescind the 2010-
2011 review in its entirety.
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Final Results of Review

    The Department has determined that the following margin exists for 
the period June 1, 2009, through May 31, 2010:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                      Manufacturer                            margin
                                                           (percentage)
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Kolon Industries, Inc...................................            0.32
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\1\ (de minimis).

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions for Kolon to CBP 15 days after the date of 
publication of these final results. Pursuant to 19 CFR 351.212(b)(1), 
we calculated importer-specific (or customer-specific) ad valorem duty 
assessment rates based on the ratio of the total amount of the dumping 
margins calculated for the examined sales to the total entered value of 
those same sales. We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review if any importer-specific 
(or customer-specific) assessment rate calculated in the final results 
of this review is above de minimis.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by Kolon for which Kolon 
did not know the merchandise was destined for the United States. In 
such instances, we will instruct CBP to liquidate un-reviewed entries 
at the 21.50 percent all-others rate from the less-than-fair-value 
investigation if there is no company-specific rate for an intermediary 
involved in the transaction. 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). See Assessment of 
Antidumping Duties for a full discussion of this clarification.

Termination of Suspension of Liquidation

    As explained above, on September 16, 2011, the Department revoked 
the antidumping duty order on PET film from Korea effective October 20, 
2010. See Revocation Notice. Pursuant to the revocation of the order, 
the Department instructed CBP, on October 3, 2011, to terminate 
suspension of liquidation and collection of cash deposits on entries of 
the subject merchandise entered, or withdrawn from warehouse, on or 
after October 20, 2010. Accordingly, entries of subject merchandise 
after October 20, 2010, are not subject to suspension of liquidation or 
antidumping duty deposit requirements. Therefore we are not issuing 
antidumping duty deposit instructions to CBP.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(0 to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.


[[Page 71514]]


    Dated: November 4, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29491 Filed 11-17-11; 8:45 am]
BILLING CODE 3510-DS-M