Certain Polyethylene Terephthalate Film, Sheet and Strip from India: Final Results of Antidumping Duty Administrative Review, 8072-8074 [E5-658]
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8072
Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Notices
materially injured or threatened with
material injury by reason of imports of
line pipe from Mexico, Korea, and the
PRC.
On October 6, 2004, we published in
the Federal Register the preliminary
determination in the Korean
investigation, concurrently postponing
the final determination until no later
than February 18, 2005, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’). See
Notice of Affirmative Preliminary
Determination of Sales at Less than Fair
Value and Postponement of Final
Determination: Circular Welded Carbon
Quality Line Pipe from the Republic of
Korea, 69 FR 59885 (October 6, 2004)
(‘‘Preliminary Determination’’). After
receiving a timely allegation of
ministerial error in the preliminary
determination with regard to the
calculated margin for Hyundai HYSCO
CO., Ltd. (‘‘HYSCO’’), a respondent in
this proceeding, we published in the
Federal Register the amended
preliminary determination. See Notice
of Amended Preliminary Determination
of Sales At Not Less Than Fair Value:
Certain Circular Welded Carbon Quality
Line Pipe from the Republic of Korea, 69
FR 64027 (November 3, 2004).
On October 6, 2004, we published in
the Federal Register the preliminary
determination in the Mexican
investigation, concurrently postponing
the final determination until no later
than February 18, 2005, pursuant to
section 751(a)(3)(A) of the Act. See
Notice of Preliminary Determination of
Sales at Less than Fair Value and
Postponement of Final Determination:
Circular Welded Carbon Quality Line
Pipe from Mexico, 69 FR 59892 (October
6, 2004).
On December 8, 2004, petitioners
withdrew their petition with regard to
the investigation of imports of line pipe
from the PRC, and the Department
subsequently terminated the
investigation. See Notice of Termination
of Antidumping Duty Investigation:
Certain Circular Welded Carbon Quality
Line pipe from the People’s Republic of
China, 69 FR 75511 (December 17,
2004).
Scope of Investigations
The scope of these investigations
include certain circular welded carbon
quality steel line pipe of a kind used in
oil and gas pipelines, over 32 mm (1 †
inches) in nominal diameter (1.660 inch
actual outside diameter) and not more
than 406.4 mm (16 inches) in outside
diameter, regardless of wall thickness,
surface finish (black, or coated with any
coatings compatible with line pipe), and
regardless of end finish (plain end,
VerDate jul<14>2003
14:41 Feb 16, 2005
Jkt 205001
beveled ends for welding, threaded ends
or threaded and coupled, as well as any
other special end finishes), and
regardless of stenciling. The
merchandise subject to these
investigations may be classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) at heading
7306 and subheadings 7306.10.10.10,
730610.10.50, 7306.10.50.10, and
7306.10.50.50. The tariff classifications
are provided for convenience and
Customs purposes; however, the written
description of the scope of the
investigation is dispositive.
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This determination and notice are
published in accordance with section
734(a) of the Act and section 19 CFR
351.207(b) of the Department’s
regulations.
Dated: February 10, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–3081 Filed 2–16–05; 8:45 am]
BILLING CODE: 3510–DS–S
Termination of Antidumping
Investigations
On February 1, 2004, the Department
received a letter from petitioners
notifying the Department that they are
no longer interested in seeking relief
and are withdrawing their petitions on
line pipe from Mexico and Korea. Under
section 734(a)(1)(A) of the Act of 1930,
upon withdrawal of a petition, the
administering authority may terminate
an investigation after giving notice to all
parties to the investigations. Further,
section 351.207(b)(1) of the
Department’s regulations states that the
Department may terminate an
investigation upon withdrawal of a
petition, provided it concludes that
termination is in the public interest. We
notified all interested parties to the
investigations of our intent to terminate
these investigations, and provided them
an opportunity to comment on the
proposed termination. On February 7,
2005, Hylsa S.A de CV, a respondent in
this investigation, submitted comments
stating that termination of these
investigations is in the public interest.
We have received no further comments
from any party to these investigations.
As no party objects to this termination
and the Department is not aware of
evidence to the contrary, the
Department finds that termination of
these investigations is in the public
interest. As such, we are terminating
these antidumping investigations and
will issue instructions directly to U.S.
Customs and Border Protection (‘‘CBP’’)
to terminate the suspension of
liquidation of subject merchandise and
release all bond and any cash deposits
that have been posted, where
applicable.
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘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 or
destruction of APO materials or
PO 00000
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Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–824]
Certain Polyethylene Terephthalate
Film, Sheet and Strip from India: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2004, 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 India. The
review covers PET film exported to the
United States by Jindal Polyester Ltd.
(Jindal) during the period from
December 21, 2001, through June 30,
2003. We provided interested parties
with an opportunity to comment on the
preliminary results of review. After
analyzing the comments received, we
have made changes to the margin
calculation. The final weighted–average
dumping margin for the reviewed firm
is listed below in the section entitled,
‘‘Final Results of Review.’’
EFFECTIVE DATE: February 17, 2005.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Drew Jackson, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2769 or (202) 482–
4406, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 12, 2004, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on PET film from India. See Certain
E:\FR\FM\17FEN1.SGM
17FEN1
Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Notices
Polyethylene Terephthalate Film, Sheet
and Strip From India: Preliminary
Results and Rescission in Part of
Antidumping Duty Administrative
Review, 69 FR 49872 (August 12, 2004)
(Preliminary Results). In response to the
Department’s invitation to comment on
the Preliminary Results, Jindal, the sole
respondent, Valencia Specialty Films
(Valencia), a U.S. importer, and the
petitioners filed 1 case briefs on
September 13, 2004. Jindal, Valencia,
and the petitioners filed rebuttal briefs
on September 23, 2004. In response to
requests from Valencia and Jindal, a
hearing was held on September 30,
2004.
On December 14, 2004, the
Department published in the Federal
Register a notice of extension of the
final results of review. See Certain
Polyethylene Terephthalate Film, Sheet
and Strip from India: Extension of Time
Limit for Final Results of Antidumping
Duty Administrative Review, 69 FR
74495.
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 Review
The products covered by the 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. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of this order is dispositive.
Period of Review
The period of review (POR) is
December 21, 2001, through June 30,
2003.
1 The petitioners in this review are Dupont Teijin
Films, Mitsubishi Polyester Film of America, Toray
Plastics (America) and SKC America, Inc.
Jkt 205001
Final Results of Review
We determine that the following
weighted–average percentage margin
exists for the period December 21, 2001,
through June 30, 2003:
Margin (percent)
Jindal Polyester Ltd. .....
All issues raised by interested parties
in their case briefs are addressed in the
‘‘Issues and Decision Memorandum’’
from Barbara E. Tillman, Acting Deputy
Assistant Secretary for Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration (Issues and Decision
Memorandum). The Issues and Decision
14:41 Feb 16, 2005
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made the following
changes in the comparison and margin
calculation programs.
1. Based on import data supplied by
U.S. Customs and Border Protection
(CBP), we have found that certain
importers did not deposit countervailing
duties (CVDs) on their imports of PET
film. The entries that we examined
correspond with the U.S. sales reported
to the Department by Jindal. Because the
evidence on the record indicates no
CVDs will be ‘‘imposed’’ for these
entries, for the final results of review,
we will not increase the U.S. prices of
particular sales in accordance with the
export subsidy offset provision, section
772(c)(1)(C) of the Act.
2. We corrected ministerial errors
related to the treatment of excise duties,
billing adjustments and the application
of exchange rates to marine insurance
and inland freight to the Indian port.
Manufacturer/Exporter
Analysis of Comments Received
VerDate jul<14>2003
Memorandum is dated concurrently
with this notice and is hereby adopted
by this notice. A list of the issues which
the parties have raised is attached to
this notice as an appendix. Parties can
find a complete discussion of all issues
raised in this administrative review, and
the corresponding recommendations, in
the Issues and Decision Memorandum
which is on file in the Central Records
Unit, room B–099 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
‘‘https://ia.ita.doc.gov.’’ The paper copy
and the electronic version of the Issues
and Decision Memorandum are
identical in content.
6.28
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of PET film from India
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice, as provided
by section 751(a)(1) of the Act: (1) the
cash deposit rate for Jindal will be the
rate shown above; (2) for previously
investigated companies not listed above,
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Fmt 4703
Sfmt 4703
8073
the cash deposit rate will continue to be
the company–specific rate published in
the investigation; (3) if the exporter is
not a firm covered in this review, or the
original 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 (4) if neither the
exporter nor the manufacturer is a firm
covered by any segment of this
proceeding, the cash deposit rate will be
the ‘‘all others’’ rate of 24.14 percent
established in the LTFV investigation,
adjusted for the export subsidy rate
found in the CVD investigation, which
results in a cash deposit rate of 5.71
percent. These deposit requirements,
when imposed, shall remain in effect
until publication of the final results of
the next administrative review.
Assessment
The Department will determine, and
CBP shall assess, antidumping duties on
all appropriate entries. In accordance
with 19 C.F.R. § 351.212(b)(1), the
Department has calculated importer/
customer–specific assessment rates for
merchandise subject to this review.
Where the importer/customer–specific
assessment rate is above de minimis, we
will instruct CBP to assess the
calculated assessment rate against the
entered customs value (or quantity if we
do not have entered value) of the subject
merchandise on each of the importer’s/
customer’s entries during the POR. The
Department will issue the appropriate
assessment instructions directly to CBP
within 15 days of publication of these
final results of review.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 C.F.R.
§ 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties or CVDs prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the Secretary’s presumption
that reimbursement of antidumping
and/or CVDs occurred and the
subsequent increase in antidumping
duties by the full amount of the
antidumping and/or CVDs reimbursed.
Administrative Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APOs)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
E:\FR\FM\17FEN1.SGM
17FEN1
8074
Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Notices
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
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: February 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix Issues in Decision
Memorandum
Comment 1: Whether Jindal Polyester
Limited and Valencia Specialty Films
Were Affiliated During the First Three
Months of the Period of Review
Comment 2: Whether Jindal and
Valencia Were Affiliated During the
Remainder of the Period of Review
Comment 3: Whether it is Appropriate
to Apply Partial Adverse Facts
Available
Comment 4: Whether the Department
Applied the Appropriate Adverse Facts
Available Rate
Comment 5: Whether Jindal Polyester
Limited Properly Classified Certain
Merchandise as Non–prime
Merchandise
Comment 6: Whether the Department
Incorrectly Converted the Currency of
Certain Movement Expenses
Comment 7: Whether the Department
Incorrectly Calculated Home Market
Billing Adjustments
Comment 8: Whether the Department
Incorrectly Calculated the Net Home
Market Price
Comment 9: Whether the Department
Should Offset its Calculations for
Negative Dumping Margins
Comment 10: Whether to Increase the
Price of Certain U.S. Sales by
Countervailing Duties Imposed to Offset
Export Subsidies
[FR Doc. E5–658 Filed 2–16–05; 8:45 am]
BILLING CODE 3510–DS–S
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Alaska Region
Vessel Monitoring System (VMS)
Program
National Oceanic and
Atmospheric Administration (NOAA),
DOC.
VerDate jul<14>2003
14:41 Feb 16, 2005
Jkt 205001
Notice.
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before April 18, 2005.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Patsy A. Bearden, 907–586–
7008 or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
NMFS Alaska Region manages the
U.S. groundfish fisheries of the
Exclusive Economic Zone (EEZ) off
Alaska under the Fishery Management
Plan for Groundfish of the Gulf of
Alaska and the Fishery Management
Plan for the Groundfish Fishery of the
Bering Sea and Aleutian Islands
Management Area (FMPs). The North
Pacific Fishery Management Council
prepared the FMPs pursuant to the
Magnuson-Stevens Fishery
Conservation & Management Act. The
regulations implementing the FMPs are
at 50 CFR part 679.
The recordkeeping and reporting
requirements at 50 CFR part 679 form
the basis for this collection of
information. NMFS Alaska Region
requests information from participating
groundfish participants. This
information, upon receipt, results in an
increasingly more efficient and accurate
database for management and
monitoring of the groundfish fisheries of
the EEZ off Alaska.
II. Method of Collection
Internet and facsimile transmission of
paper forms. Paper applications,
electronic reports, and telephone calls
are required.
DEPARTMENT OF COMMERCE
AGENCY:
ACTION:
III. Data
OMB Number: 0648–0445.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Not-for-profit
institutions; and business or other forprofit organizations.
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Estimated Number of Respondents:
539.
Estimated Time per Response: 6 hours
to install a VMS; 4 hours per year to
maintain a VMS; 5 seconds for an
automated position report; 12 minutes
to fax a check-in report; and 12 minutes
to fax a reimbursement form.
Estimated Total Annual Burden
Hours: 13,152.
Estimated Total Annual Cost to
Public: $491,000.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: February 10, 2005.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 05–3033 Filed 2–16–05; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Atlantic Highly
Migratory Species Permit Family of
Forms
National Oceanic and
Atmospheric Administration (NOAA),
DOC.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
E:\FR\FM\17FEN1.SGM
17FEN1
]]>Agencies
[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8072-8074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-658]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Certain 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 12, 2004, 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 India. The review covers PET film
exported to the United States by Jindal Polyester Ltd. (Jindal) during
the period from December 21, 2001, through June 30, 2003. We provided
interested parties with an opportunity to comment on the preliminary
results of review. After analyzing the comments received, we have made
changes to the margin calculation. The final weighted-average dumping
margin for the reviewed firm is listed below in the section entitled,
``Final Results of Review.''
EFFECTIVE DATE: February 17, 2005.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Drew Jackson, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th and Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-2769 or (202)
482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2004, the Department published in the Federal
Register the preliminary results of the administrative review of the
antidumping duty order on PET film from India. See Certain
[[Page 8073]]
Polyethylene Terephthalate Film, Sheet and Strip From India:
Preliminary Results and Rescission in Part of Antidumping Duty
Administrative Review, 69 FR 49872 (August 12, 2004) (Preliminary
Results). In response to the Department's invitation to comment on the
Preliminary Results, Jindal, the sole respondent, Valencia Specialty
Films (Valencia), a U.S. importer, and the petitioners filed \1\ case
briefs on September 13, 2004. Jindal, Valencia, and the petitioners
filed rebuttal briefs on September 23, 2004. In response to requests
from Valencia and Jindal, a hearing was held on September 30, 2004.
---------------------------------------------------------------------------
\1\ The petitioners in this review are Dupont Teijin Films,
Mitsubishi Polyester Film of America, Toray Plastics (America) and
SKC America, Inc.
---------------------------------------------------------------------------
On December 14, 2004, the Department published in the Federal
Register a notice of extension of the final results of review. See
Certain Polyethylene Terephthalate Film, Sheet and Strip from India:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review, 69 FR 74495.
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 Review
The products covered by the 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. HTSUS subheadings are provided for convenience and
customs purposes. The written description of the scope of this order is
dispositive.
Period of Review
The period of review (POR) is December 21, 2001, through June 30,
2003.
Analysis of Comments Received
All issues raised by interested parties in their case briefs are
addressed in the ``Issues and Decision Memorandum'' from Barbara E.
Tillman, Acting Deputy Assistant Secretary for Import Administration,
to Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration (Issues and Decision Memorandum). The Issues and
Decision Memorandum is dated concurrently with this notice and is
hereby adopted by this notice. A list of the issues which the parties
have raised is attached to this notice as an appendix. Parties can find
a complete discussion of all issues raised in this administrative
review, and the corresponding recommendations, in the Issues and
Decision Memorandum which is on file in the Central Records Unit, room
B-099 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Web at ``https://ia.ita.doc.gov.'' The paper copy and
the electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made the following
changes in the comparison and margin calculation programs.
1. Based on import data supplied by U.S. Customs and Border
Protection (CBP), we have found that certain importers did not deposit
countervailing duties (CVDs) on their imports of PET film. The entries
that we examined correspond with the U.S. sales reported to the
Department by Jindal. Because the evidence on the record indicates no
CVDs will be ``imposed'' for these entries, for the final results of
review, we will not increase the U.S. prices of particular sales in
accordance with the export subsidy offset provision, section
772(c)(1)(C) of the Act.
2. We corrected ministerial errors related to the treatment of
excise duties, billing adjustments and the application of exchange
rates to marine insurance and inland freight to the Indian port.
Final Results of Review
We determine that the following weighted-average percentage margin
exists for the period December 21, 2001, through June 30, 2003:
------------------------------------------------------------------------
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Jindal Polyester Ltd................................ 6.28
------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of PET film from India entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice, as provided by section 751(a)(1) of the Act: (1) the cash
deposit rate for Jindal will be the rate shown above; (2) for
previously investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published in the
investigation; (3) if the exporter is not a firm covered in this
review, or the original 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
(4) if neither the exporter nor the manufacturer is a firm covered by
any segment of this proceeding, the cash deposit rate will be the ``all
others'' rate of 24.14 percent established in the LTFV investigation,
adjusted for the export subsidy rate found in the CVD investigation,
which results in a cash deposit rate of 5.71 percent. These deposit
requirements, when imposed, shall remain in effect until publication of
the final results of the next administrative review.
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 C.F.R. Sec.
351.212(b)(1), the Department has calculated importer/customer-specific
assessment rates for merchandise subject to this review. Where the
importer/customer-specific assessment rate is above de minimis, we will
instruct CBP to assess the calculated assessment rate against the
entered customs value (or quantity if we do not have entered value) of
the subject merchandise on each of the importer's/customer's entries
during the POR. The Department will issue the appropriate assessment
instructions directly to CBP within 15 days of publication of these
final results of review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 C.F.R. Sec. 351.402(f)(2) to file a
certificate regarding the reimbursement of antidumping duties or CVDs
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement may result in the Secretary's
presumption that reimbursement of antidumping and/or CVDs occurred and
the subsequent increase in antidumping duties by the full amount of the
antidumping and/or CVDs reimbursed.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305.
[[Page 8074]]
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 determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
Comment 1: Whether Jindal Polyester Limited and Valencia Specialty
Films Were Affiliated During the First Three Months of the Period of
Review
Comment 2: Whether Jindal and Valencia Were Affiliated During the
Remainder of the Period of Review
Comment 3: Whether it is Appropriate to Apply Partial Adverse Facts
Available
Comment 4: Whether the Department Applied the Appropriate Adverse Facts
Available Rate
Comment 5: Whether Jindal Polyester Limited Properly Classified Certain
Merchandise as Non-prime Merchandise
Comment 6: Whether the Department Incorrectly Converted the Currency of
Certain Movement Expenses
Comment 7: Whether the Department Incorrectly Calculated Home Market
Billing Adjustments
Comment 8: Whether the Department Incorrectly Calculated the Net Home
Market Price
Comment 9: Whether the Department Should Offset its Calculations for
Negative Dumping Margins
Comment 10: Whether to Increase the Price of Certain U.S. Sales by
Countervailing Duties Imposed to Offset Export Subsidies
[FR Doc. E5-658 Filed 2-16-05; 8:45 am]
BILLING CODE 3510-DS-S
