Final Negative Countervailing Duty Determination: Bottle-Grade Polyethylene Terephthalate (PET) Resin From Thailand, 13462-13464 [E5-1221]

Download as PDF 13462 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices for State of Maharashtra (SOM) and State of Gujarat (SOG) Sales Tax Incentive Programs Comment 12: Average Useful Life (AUL) for SAPL’s Assets Comment 13: Effective Interest Rate of SAPL’s Pre-Shipment Export Loans Comment 14: Treatment of Exemptions on Imported Capital Goods Comment 15: SAPL’s Cash Deposit Rate Comment 16: Central Sales Tax Reimbursements on Raw Materials Comment 17: EOU Duty Drawback on Furnace Oil II. Subsidies Valuation Information A. Loan Benchmarks B. Allocation Period C. Trading Company Subsidies III. Analysis of Programs A. Programs Determined To Confer Subsidies 1. GOI Programs a. Pre- and Post-Shipment Export Financing b. Duty Entitlement Passbook Scheme (DEPS) c. Income Tax Exemption Scheme, Section 80 HHC d. Export Promotion Capital Goods Scheme (EPCGS) e. Export Oriented Units (EOUs) Program: Duty Drawback on Furnace Oil Procured From Domestic Oil Companies f. Export Oriented Units (EOUs) Program: Duty-Free Import of Capital Goods and Raw Materials g. Export Oriented Units (EOUs) Program: Reimbursement of Central Sales Tax (CST) Paid on Materials Procured Domestically 2. State Programs a. State of Gujurat (SOG) Program: Sales Tax Incentive Scheme b. State of Maharashtra (SOM) Program: Sales Tax Incentive Scheme c. State of West Bengal (SWB) Sales Tax Incentive Scheme B. GOI Program Determined To Be Not Countervailable Export Oriented Units (EOUs) Programs: Purchase of Material and Other Inputs Free of Central Excise Duty C. Programs Determined To Be Not Used GOI Programs a. Status Certificate Program b. Market Development Assistance c. Income Tax Exemption Scheme (Sections 10A and 10B) d. Loan Guarantees from the GOI e. Special Economic Zones (SEZs) formerly called Export Processing Zones (EPZs) D. Program Determined To Be Terminated Exemption of Export Credit From Interest Taxes GOI Programs IV. Analysis of Comments V. Recommendation [FR Doc. E5–1219 Filed 3–18–05; 8:45 am] BILLING CODE 3510–DS–P VerDate jul<14>2003 18:36 Mar 18, 2005 Jkt 205001 DEPARTMENT OF COMMERCE International Trade Administration [C–549–824] Final Negative Countervailing Duty Determination: Bottle-Grade Polyethylene Terephthalate (PET) Resin From Thailand Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has reached a final determination that countervailable subsidies are not being provided to producers of bottle-grade (BG) PET Resin from Thailand. For information on the estimated countervailable subsidy rates, please see the ‘‘Final Determination’’ section of this notice. DATES: Effective Date: March 21, 2005. FOR FURTHER INFORMATION CONTACT: Dara Iserson or Thomas Gilgunn, AD/CVD Operations, Office 6, Import Administration, U.S. Department of Commerce, Room 7866, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4052 and (202) 482–4236, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Case History On August 30, 2004, the Department published the Preliminary Negative Countervailing Duty Determination and Alignment With Final Antidumping Duty Determination: Bottle-Grade Polyethylene Terephthalate (PET) Resin From Thailand, 69 FR 52862 (August 30, 2004) (Preliminary Determination). Since the Preliminary Determination, the Department issued additional supplemental questionnaires to, and conducted verification of the responses provided by, the Royal Thai Government (RTG), Bangkok Polyester Company (BPC), Thai Shinkong Industry Corporation Limited (Thai Shinkong), Indopet Thailand Limited (Indopet), and Asiapet Thailand Limited (Asiapet) (collectively— ‘‘Respondents’’). The Department issued the RTG, Indopet, Thai Shinkong, and BPC verification reports on January 10, 2005. See Memoranda to the File from Thomas Gilgunn to Dana Mermelstein, Countervailing Duty Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: Verification of the Questionnaire Responses Submitted by the Royal Thai Government (RTG); Countervailing Duty Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: Verification of the PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Questionnaire Responses Submitted by Indopet (Thailand) Limited (Indopet); Countervailing Duty Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: Verification of the Questionnaire Responses Submitted by Thai Shinkong Industry Company Limited (Thai Shinkong); and Countervailing Duty Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: Verification of the Questionnaire Responses Submitted by Bangkok Polyester Public Company Limited (BPC). On January 18, 2005, the Department issued the Asiapet verification report. see Countervailing Duty Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: Verification of the Questionnaire Responses Submitted by Asiapet Thailand Limited (Asiapet). On January 21, 2005, case briefs were filed by Petitioner and by all Respondents: RTG, Indopet, Asiapet, Thai Shinkong, and BPC. On January 26, 2005, Respondents and Petitioner filed their respective rebuttal briefs. On February 3, 2005, Respondents filed letter objecting to ‘‘untimely legal information’’ filed in the Petitioner’s January 26, 2005, rebuttal brief. On February 7, 2005, Petitioners responded to the arguments raised in Respondent’s February 3, 2005, letter. On February 9, 2005, the Department notified Petitioners that certain legal information raised in its January 26, 2005, rebuttal brief did not comply with section 351.309(d)(2) of the regulations. On February 10, 2005, Petitioner refiled its rebuttal brief. Period of Investigation The period of investigation (POI) for which we are measuring subsidies is January 1, 2003, through December 31, 2003, which corresponds to the most recently completed fiscal year for the respondent companies. See section 351.204(b)(2) of the Department’s regulations. Scope of the Investigation The merchandise covered by this investigation is polyethylene terephthalate (PET) bottle-grade resin, defined as having an intrinsic viscosity of at least .68 deciliters per gram but not more than .86 deciliters per gram. The scope includes bottle-grade PET resin that contains various additives introduced in the manufacturing process. The scope does not include post-consumer recycle (PCR) or postindustrial recycle (PIR) PET resin; however, included in the scope is any bottle-grade PET resin blend of virgin PET bottle-grade resin and recycled PET (RPET). Waste and scrap PET are E:\FR\FM\21MRN1.SGM 21MRN1 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices outside the scope of the investigation. Fiber-grade PET resin, which has an intrinsic viscosity of less than .68 deciliters per gram, is also outside the scope of the investigations. The merchandise subject to this investigation is properly classified under subheading 3907.60.0010 of the Harmonized Tariff Schedule of the United States (HTSUS); however, merchandise classified under HTSUS subheading 3907.60.0050 that otherwise meets the written description of the scope is also subject to these investigations. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Analysis of Comments Received A detailed discussion of the issues of cross-ownership and attribution of subsidies raised by interested parties in their case and rebuttal briefs is contained in the Memorandum to the File from Dana Mermelstein to Barbara E. Tillman, Countervailing Duty Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin From Thailand: Attribution of Subsidies Received by Supplier Companies to Indopet (March 14, 2005) (Attribution Memorandum) because it includes business proprietary information. All other issues raised by the interested parties in their case and rebuttal briefs are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memorandum) dated March 14, 2005, which is hereby adopted by this notice. A list of the issues which parties have raised is attached to this notice as Appendix I. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit (CRU). A complete version of the Decision Memorandum is available at https:// www.ia.ita.doc.gov under the heading ‘‘Federal Register Notices.’’ The paper copy and the electronic version of the Decision Memorandum are identical in content. Final Determination In accordance with section 703(d)(1)(A)(i) of the Tariff Act of 1930, as amended (The Act), we have determined individual rates for Thai Shinkong, Bangkok Polyester, and Indopet. Section 705(c)(5)(A)(I) of the Act provides that the ‘‘all others’’ rate will generally be an amount equal to the weighted average countervailable subsidy rates established for exporters or producers individually investigated, VerDate jul<14>2003 18:36 Mar 18, 2005 Jkt 205001 excluding any zero or de minimis countervailable subsidy rates and any rates determined entirely on the basis of the facts available. In this case, however, the countervailable subsidy rates for all of the individually investigated exporters or producers are de minimis. Section 705(c)(5)(A)(ii) of the Act provides that, when this is the case, the administering authority may use any reasonable method to establish the ‘‘all others’’ rate, including averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually examined. Thus, to calculate the ‘‘all others’’ rate, we weight-averaged the individual rates of Thai Shinkong, Bangkok Polyester, and Indopet, based on each company’s respective exports of subject merchandise to the United States during the POI. These rates are summarized in the table below: Producer/exporter Thai Shinkong Industry Corporation Ltd ....................... Bangkok Polyester Public Company Limited .............. Indopet (Thailand) Limited .... All Others Rate ..................... Net subsidy rate (percent ad valorem) 0.31 0.73 0.70 0.47 These countervailable subsidy rates are de minimis, in accordance with section 703(b)(4)(B) of the Act and 19 CFR 351.106(b). Therefore, we determine that countervailable subsidies are not being provided to producers/ exporters of bottle grade PET Resin from Thailand. See Section 705(a)(3) of the Act. In the Preliminary Determination, the total net countervailable subsidy rate was de minimis, therefore, we did not suspend liquidation. Since we determine that countervailable subsidies are not being provided to producers or exporters of BG PET Resin from Thailand, we will not direct U.S. Customs and Border Protection to suspend liquidation of entries of the subject merchandise from Thailand. International Trade Commission (ITC) Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonpriveleged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided that the ITC confirms that it will not disclose PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 13463 such information, either publicly or under administrative protective order (APO), without the written consent of the Assistant Secretary of Import Administration. Return or Destruction of Proprietary Information This notice will serve as the only reminder to parties subject to APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. This determination is issued and published in accordance with sections 705(d) and 777(i) of the Act. Dated: March 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix I: Issues and Decision Memorandum Summary I. Comments Comment 1: Whether the Department Should Apply Adverse Facts Available (AFA) to BPC Comment 2: The Selection of the Discount Rate for Allocating Subsidies Over Time Comment 3: Whether the IPA Benetifits for BPC, Thai Shinkong, Indopet, and Asiapet are Export Contingent Comment 4: The Selection of the Denominator for Calculating Ad Valorem Subsidy Rates Comment 5: The Appropriate Method for Calculating Section 35(3) Benefits Comment 6: Whether Cross-Ownership Between Indopet and Indopet’s Suppliers Exists Comment 7: Whether or Not Indopet, Thai Shinkong, and BPC Used Section 35(4) Benefits II. Subsidies Valuation Information A. Discount Rates B. Allocation Period C. Cross-Ownership and Attribution of Subsidies D. Export Contingency E. Denominator for Ad Valorem Subsidy Rates III. Analysis of Programs A. Programs Determined To Be Countervailable Investment Incentives Under the Investment Promotion Act (IPA) 1. Duty Exemptions on Imports of Machinery Under IPA Section 28 2. Additional Income Tax Deductions Under IPA Section 35 B. Programs Determined To Be Not Countervailable Duty Exemptions on Imports of Raw and Essential Materials Under IPA Section 36 C. Programs Determined To Be Not Used 1. Import Duty Exemptions on Raw and Essential Materials Under IPA Section 30 E:\FR\FM\21MRN1.SGM 21MRN1 13464 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 2. Corporate Income Tax Exemptions Under IPA Section 31 IV. Total Ad Valorem Rates V. Analysis of the Comments VI. Recommendation [FR Doc. E5–1221 Filed 3–18–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Northeast Region Dealer Purchase Reports National Oceanic and Atmospheric Administration (NOAA). 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. DATES: Written comments must be submitted on or before May 20, 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 Erik Braun, 62 Newtown Lane, East Hampton, NY 11937 (phone (631) 324–3569 or e-mail reporting.ne@noaa.gov). SUPPLEMENTARY INFORMATION: I. Abstract The Federally-permitted dealers in specified fisheries are required to submit information weekly regarding their fish purchases. Other dealers are asked to submit the information on a voluntary basis. A small number of commercial fishermen may also be asked to voluntarily provide information related to the purchase. The information obtained is used by economists, biologists, and managers in the management of the fisheries. NOAA is seeking to renew Paperwork Reduction Act approval for these requirements. VerDate jul<14>2003 18:36 Mar 18, 2005 Jkt 205001 II. Method of Collection Depending upon the fishery, dealers submit forms on either a mandatory or a voluntary basis. Vessel captains may also be interviewed for related information. III. Data OMB Number: 0648–0229. Form Number: NOAA Form 88–30. Type of Review: Regular submission. Affected Public: Business or other for profit organizations, individuals or households. Estimated Number of Respondents: 631. Estimated Time Per Response: 4 minutes for a NOAA Form 88–30 or an interview. Estimated Total Annual Burden Hours: 2,176. Estimated Total Annual Cost to Public: $345,600. 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: March 16, 2005. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 05–5523 Filed 3–18–05; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Scientific Research, Exempted Fishing, and Exempted Educational Activity Submissions National Oceanic and Atmospheric Administration (NOAA). AGENCY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 ACTION: 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 May 20, 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 William Chappell, (301) 713–2341 or William.Chappell@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract Fishery regulations do not generally affect scientific research activities conducted by a scientific research vessel. Persons planning to conduct such research are encouraged to submit a scientific research plan to ensure that the activities are considered research and not fishing. The researchers are requested to submit reports of their scientific research activity after its completion. The National Marine Fisheries Service (NMFS) may also grant exemptions from fishery regulations for educational or other activities (e.g., the testing of fishing gear). The applications for these exemptions must be submitted, and reports on activities submitted. II. Method of Collection Most information is submitted on forms or other written format. For permits, some information may be phoned in or submitted electronically to NMFS, depending on the terms and conditions of the permit. III. Data OMB Number: 0648–0309. Form Number: None. Type of Review: Regular submission. Affected Public: Business and other for-profit organizations; individuals or households; not-for-profit institutions; and state, local, or tribal government. Estimated Number of Respondents: 170. Estimated Time Per Response: 6 hours for a scientific research plan; 1 hour for E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13462-13464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1221]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-824]


Final Negative Countervailing Duty Determination: Bottle-Grade 
Polyethylene Terephthalate (PET) Resin From Thailand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has reached a 
final determination that countervailable subsidies are not being 
provided to producers of bottle-grade (BG) PET Resin from Thailand. For 
information on the estimated countervailable subsidy rates, please see 
the ``Final Determination'' section of this notice.

DATES: Effective Date: March 21, 2005.

FOR FURTHER INFORMATION CONTACT: Dara Iserson or Thomas Gilgunn, AD/CVD 
Operations, Office 6, Import Administration, U.S. Department of 
Commerce, Room 7866, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4052 and (202) 482-4236, 
respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    On August 30, 2004, the Department published the Preliminary 
Negative Countervailing Duty Determination and Alignment With Final 
Antidumping Duty Determination: Bottle-Grade Polyethylene Terephthalate 
(PET) Resin From Thailand, 69 FR 52862 (August 30, 2004) (Preliminary 
Determination). Since the Preliminary Determination, the Department 
issued additional supplemental questionnaires to, and conducted 
verification of the responses provided by, the Royal Thai Government 
(RTG), Bangkok Polyester Company (BPC), Thai Shinkong Industry 
Corporation Limited (Thai Shinkong), Indopet Thailand Limited 
(Indopet), and Asiapet Thailand Limited (Asiapet) (collectively--
``Respondents'').
    The Department issued the RTG, Indopet, Thai Shinkong, and BPC 
verification reports on January 10, 2005. See Memoranda to the File 
from Thomas Gilgunn to Dana Mermelstein, Countervailing Duty 
Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin 
from Thailand: Verification of the Questionnaire Responses Submitted by 
the Royal Thai Government (RTG); Countervailing Duty Investigation of 
Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: 
Verification of the Questionnaire Responses Submitted by Indopet 
(Thailand) Limited (Indopet); Countervailing Duty Investigation of 
Bottle Grade Polyethylene Terephthalate (PET) Resin from Thailand: 
Verification of the Questionnaire Responses Submitted by Thai Shinkong 
Industry Company Limited (Thai Shinkong); and Countervailing Duty 
Investigation of Bottle Grade Polyethylene Terephthalate (PET) Resin 
from Thailand: Verification of the Questionnaire Responses Submitted by 
Bangkok Polyester Public Company Limited (BPC). On January 18, 2005, 
the Department issued the Asiapet verification report. see 
Countervailing Duty Investigation of Bottle Grade Polyethylene 
Terephthalate (PET) Resin from Thailand: Verification of the 
Questionnaire Responses Submitted by Asiapet Thailand Limited 
(Asiapet).
    On January 21, 2005, case briefs were filed by Petitioner and by 
all Respondents: RTG, Indopet, Asiapet, Thai Shinkong, and BPC. On 
January 26, 2005, Respondents and Petitioner filed their respective 
rebuttal briefs. On February 3, 2005, Respondents filed letter 
objecting to ``untimely legal information'' filed in the Petitioner's 
January 26, 2005, rebuttal brief. On February 7, 2005, Petitioners 
responded to the arguments raised in Respondent's February 3, 2005, 
letter. On February 9, 2005, the Department notified Petitioners that 
certain legal information raised in its January 26, 2005, rebuttal 
brief did not comply with section 351.309(d)(2) of the regulations. On 
February 10, 2005, Petitioner refiled its rebuttal brief.

Period of Investigation

    The period of investigation (POI) for which we are measuring 
subsidies is January 1, 2003, through December 31, 2003, which 
corresponds to the most recently completed fiscal year for the 
respondent companies. See section 351.204(b)(2) of the Department's 
regulations.

Scope of the Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) bottle-grade resin, defined as having an intrinsic 
viscosity of at least .68 deciliters per gram but not more than .86 
deciliters per gram. The scope includes bottle-grade PET resin that 
contains various additives introduced in the manufacturing process. The 
scope does not include post-consumer recycle (PCR) or post-industrial 
recycle (PIR) PET resin; however, included in the scope is any bottle-
grade PET resin blend of virgin PET bottle-grade resin and recycled PET 
(RPET). Waste and scrap PET are

[[Page 13463]]

outside the scope of the investigation. Fiber-grade PET resin, which 
has an intrinsic viscosity of less than .68 deciliters per gram, is 
also outside the scope of the investigations.
    The merchandise subject to this investigation is properly 
classified under subheading 3907.60.0010 of the Harmonized Tariff 
Schedule of the United States (HTSUS); however, merchandise classified 
under HTSUS subheading 3907.60.0050 that otherwise meets the written 
description of the scope is also subject to these investigations. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under 
investigation is dispositive.

Analysis of Comments Received

    A detailed discussion of the issues of cross-ownership and 
attribution of subsidies raised by interested parties in their case and 
rebuttal briefs is contained in the Memorandum to the File from Dana 
Mermelstein to Barbara E. Tillman, Countervailing Duty Investigation of 
Bottle Grade Polyethylene Terephthalate (PET) Resin From Thailand: 
Attribution of Subsidies Received by Supplier Companies to Indopet 
(March 14, 2005) (Attribution Memorandum) because it includes business 
proprietary information.
    All other issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the ``Issues and Decision Memorandum'' 
(Decision Memorandum) dated March 14, 2005, which is hereby adopted by 
this notice. A list of the issues which parties have raised is attached 
to this notice as Appendix I. Parties can find a complete discussion of 
all issues raised in this investigation and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit (CRU). A complete version of the Decision 
Memorandum is available at https://www.ia.ita.doc.gov under the heading 
``Federal Register Notices.'' The paper copy and the electronic version 
of the Decision Memorandum are identical in content.

Final Determination

    In accordance with section 703(d)(1)(A)(i) of the Tariff Act of 
1930, as amended (The Act), we have determined individual rates for 
Thai Shinkong, Bangkok Polyester, and Indopet. Section 705(c)(5)(A)(I) 
of the Act provides that the ``all others'' rate will generally be an 
amount equal to the weighted average countervailable subsidy rates 
established for exporters or producers individually investigated, 
excluding any zero or de minimis countervailable subsidy rates and any 
rates determined entirely on the basis of the facts available. In this 
case, however, the countervailable subsidy rates for all of the 
individually investigated exporters or producers are de minimis. 
Section 705(c)(5)(A)(ii) of the Act provides that, when this is the 
case, the administering authority may use any reasonable method to 
establish the ``all others'' rate, including averaging the weighted 
average countervailable subsidy rates determined for the exporters and 
producers individually examined. Thus, to calculate the ``all others'' 
rate, we weight-averaged the individual rates of Thai Shinkong, Bangkok 
Polyester, and Indopet, based on each company's respective exports of 
subject merchandise to the United States during the POI.
    These rates are summarized in the table below:

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                      rate (percent
                                                           ad  valorem)
------------------------------------------------------------------------
Thai Shinkong Industry Corporation Ltd..................            0.31
Bangkok Polyester Public Company Limited................            0.73
Indopet (Thailand) Limited..............................            0.70
All Others Rate.........................................            0.47
------------------------------------------------------------------------

    These countervailable subsidy rates are de minimis, in accordance 
with section 703(b)(4)(B) of the Act and 19 CFR 351.106(b). Therefore, 
we determine that countervailable subsidies are not being provided to 
producers/exporters of bottle grade PET Resin from Thailand. See 
Section 705(a)(3) of the Act. In the Preliminary Determination, the 
total net countervailable subsidy rate was de minimis, therefore, we 
did not suspend liquidation. Since we determine that countervailable 
subsidies are not being provided to producers or exporters of BG PET 
Resin from Thailand, we will not direct U.S. Customs and Border 
Protection to suspend liquidation of entries of the subject merchandise 
from Thailand.

International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-priveleged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided that the ITC 
confirms that it will not disclose such information, either publicly or 
under administrative protective order (APO), without the written 
consent of the Assistant Secretary of Import Administration.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
APO of their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Failure to comply is a violation of the APO.
    This determination is issued and published in accordance with 
sections 705(d) and 777(i) of the Act.

    Dated: March 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I: Issues and Decision Memorandum

Summary

I. Comments

Comment 1: Whether the Department Should Apply Adverse Facts 
Available (AFA) to BPC
Comment 2: The Selection of the Discount Rate for Allocating 
Subsidies Over Time
Comment 3: Whether the IPA Benetifits for BPC, Thai Shinkong, 
Indopet, and Asiapet are Export Contingent
Comment 4: The Selection of the Denominator for Calculating Ad 
Valorem Subsidy Rates
Comment 5: The Appropriate Method for Calculating Section 35(3) 
Benefits
Comment 6: Whether Cross-Ownership Between Indopet and Indopet's 
Suppliers Exists
Comment 7: Whether or Not Indopet, Thai Shinkong, and BPC Used 
Section 35(4) Benefits

II. Subsidies Valuation Information

A. Discount Rates
B. Allocation Period
C. Cross-Ownership and Attribution of Subsidies
D. Export Contingency
E. Denominator for Ad Valorem Subsidy Rates

III. Analysis of Programs

A. Programs Determined To Be Countervailable
Investment Incentives Under the Investment Promotion Act (IPA)
    1. Duty Exemptions on Imports of Machinery Under IPA Section 28
    2. Additional Income Tax Deductions Under IPA Section 35
B. Programs Determined To Be Not Countervailable
    Duty Exemptions on Imports of Raw and Essential Materials Under 
IPA Section 36
C. Programs Determined To Be Not Used
    1. Import Duty Exemptions on Raw and Essential Materials Under 
IPA Section 30

[[Page 13464]]

    2. Corporate Income Tax Exemptions Under IPA Section 31

IV. Total Ad Valorem Rates

V. Analysis of the Comments

VI. Recommendation

[FR Doc. E5-1221 Filed 3-18-05; 8:45 am]
BILLING CODE 3510-DS-P
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