[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76943-76944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31693]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


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

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

SUMMARY: On August 5, 2011, the Department of Commerce (Department) 
published the preliminary results of administrative review of the 
antidumping duty order on polyethylene terephthalate film (PET Film) 
from India.\1\ This review covers one producer/exporter of subject 
merchandise: Ester Industries Ltd. (Ester). Based on the results of our 
analysis of the comments received, we did not make any changes to the 
preliminary results. However, the Department did make changes to the 
preliminary results of the concurrent countervailing duty 
administrative review. Accordingly, we adjusted Ester's U.S. price in 
our margin calculations for Ester's export subsidy rate calculated for 
the final results of review, causing a change in the antidumping duty 
margin calculated for these final results. For the final dumping 
margins, see the ``Final Results of Review'' section below.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
India: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 47546 (August 5, 2011) (Preliminary Results).

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DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page, 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) 428-
0197 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the Preliminary Results, the following events have taken 
place. Ester submitted a timely case brief on September 6, 2011. DuPont 
Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray 
Plastics (America), Inc. (collectively, Petitioners) filed a timely 
rebuttal brief on September 12, 2011.

Period of Review

    The period of review is July 1, 2009 through June 30, 2010.

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed PET film, 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 currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
number 3920.62.00.90. HTSUS subheadings are provided for convenience 
and customs purposes. The written description of the scope of the 
antidumping duty order is dispositive.

Analysis of Comments Received

    The issue of zeroing was raised in the case and rebuttal briefs by 
parties in this administrative review are addressed in the memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from India: Issues 
and Decision Memorandum for the Final Results'' (Decision Memorandum), 
dated concurrently with, and herby adopted by this notice. A list of 
the comments raised in the briefs and addressed in the Decision 
Memorandum is appended to this notice. The Decision Memorandum is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit, room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/ia/. The signed Decision Memorandum

[[Page 76944]]

and the electronic versions of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we did not make any 
adjustments to our margin calculations for Ester. We revised the 
adjustment to U.S. price in our margin calculations for Ester's export 
subsidy rate calculated for the final results of review in the 
concurrent countervailing duty administrative review, causing a change 
in the antidumping duty margin calculated for these final results.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margins exist for the period of July 1, 2009, through 
June 30, 2010:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Ester Industries, Ltd......................................         6.81
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. We will instruct CBP to liquidate entries of 
merchandise produced and/or exported by Ester. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. For assessment purposes, 
where the respondent reported the entered value for its sales, we 
calculated importer-specific (or customer-specific) ad valorem 
assessment rates based on the ratio of the total amount of the dumping 
duties calculated for the examined sales to the total entered value of 
those same sales. See 19 CFR 351.212(b). However, where the respondent 
did not report the entered value for its sales, we will calculate 
importer-specific (or customer-specific) per unit duty assessment 
rates. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any per unit duty 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 
351.106(c)(2), we intend to instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is zero or 
de minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The 
cash deposit rate for the company under review will be the rate 
established in the final results of this review (except, if the rate is 
zero or de minimis, i.e., less than 0.50 percent, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value 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, (4) 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 for this proceeding, 5.71 
percent. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the 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.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 5, 2011.
Christian Marsh,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2011-31693 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P