[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72676-72677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30408]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: 
Final Results of Antidumping Duty Administrative Review

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

SUMMARY: On August 8, 2011, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyethylene terephthalate film, sheet, and 
strip (PET film) from Brazil for the period November 1, 2009 through 
October 31, 2010. We gave interested parties an opportunity to comment 
on the preliminary results and received no comments. We have made no 
changes to Terphane, Inc.'s (Terphane's) margin for the final results 
of this review. The final weighted-average margin is listed below in 
the ``Final Results of Review'' section of this notice.

DATES: Effective Date: November 25, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah Scott 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) 482-2657 
or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2011, the Department published the preliminary results 
of the administrative review of the antidumping duty order covering PET 
film from Brazil and invited interested parties to comment. See 
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: 
Preliminary Results of Antidumping Duty Administrative Review, 76 FR 
48122 (August 8, 2011) (Preliminary Results). This administrative 
review covers one respondent, Terphane. The petitioners in this 
proceeding are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., 
SKC, Inc., and Toray Plastics (America), Inc.
    In the Preliminary Results, the Department stated that interested 
parties may submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results, 76 FR at 48125. 
No interested parties submitted a case or rebuttal brief; therefore, 
there are no comments to address regarding the Department's 
determination in the Preliminary Results. We have not made any changes 
for the final results.

Period of Review

    The period of review (POR) is November 1, 2009, through October 31, 
2010.

Scope of the Order

    The products covered by this order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded. 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 more than 0.00001 inches thick. 
Also excluded is roller transport cleaning film which has at least one 
of its surfaces modified by application of 0.5 micrometers of SBR 
latex. Tracing and drafting film is also excluded. PET film is 
classifiable under subheading 3920.62.00.90 of the Harmonized Tariff 
Schedule of the United States (HTSUS). While HTSUS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of these orders is dispositive.

Final Results of Review

    The Department has determined that the following antidumping duty 
margin exists for the period November 1, 2009, through October 31, 
2010:

------------------------------------------------------------------------
                                                               Margin
                     Producer/exporter                        (percent)
------------------------------------------------------------------------
Terphane, Inc.............................................        44.36
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Because we are relying on total adverse facts available to 
establish the dumping margin for Terphane, we will instruct CBP to 
apply a dumping margin of 44.36 percent on all entries of PET film from 
Brazil that were produced and/or exported by Terphane and entered, or 
withdrawn from warehouse, for consumption during the POR. The 
Department intends to issue appropriate assessment instructions for 
Terphane 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 the final results of this administrative review for all 
shipments of PET film from Brazil entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for 
Terphane will be the rate established in the final results of this 
review; (2) if the exporter is not a firm covered in this review or the 
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; (3) if neither the exporter nor the manufacturer 
has its own rate, the cash-deposit rate will be 28.72 percent, the all-
others rate established in the Notice of Final Determination of Sales 
at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and 
Strip from Brazil, 73 FR 55035, 55036 (September 24, 2008). These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.

Notification to Interested Parties

    This notice also serves as a 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(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 an APO is a violation which is 
subject to sanction.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


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    Dated: November 15, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-30408 Filed 11-23-11; 8:45 am]
BILLING CODE 3510-DS-P