Polyethylene Terephthalate Film from Korea; Five-year (Sunset) Reviews of Antidumping Duty Order; Final Results, 53627-53628 [E5-4942]
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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices
conversions based on the official
exchange rates in effect on the dates of
the U.S. sales as certified by the Federal
Reserve Bank of New York.
Preliminary Results of Review
As a result of this review, we
preliminarily find that the following
weighted–average dumping margins
exist:
Producer/Manufacturer/Exporter
Weighted–
Average
Margin
Dofasco Inc., Sorevco Inc., Do
Sol Galva Ltd. .........................
Stelco Inc. ...................................
11.08 %
De minimis
Cash Deposit Requirements
If the preliminary results are adopted
in the final results of review, the
following deposit requirements will be
effective upon completion of the final
results of this administrative review for
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication of the final results
of this administrative review, as
provided in section 751(a)(1) of the Act:
(1) The cash deposit rate for Dofasco,
Sorevco, and DSG will be that
established in the final results of this
review for Dofasco (and entities
collapsed with Dofasco); (2) the cash
deposit rate for Stelco will be that
established in the final results of this
review (currently de minimis); (3) for
previously reviewed or investigated
companies not covered in this review,
the cash deposit rate will continue to be
the company–specific rate published for
the most recent period; (4) if the
exporter is not a firm covered in this
review, a prior review, or the less–thanfair–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 subject merchandise; and (5) if
neither the exporter nor the
manufacturer is a firm covered in this or
any previous proceeding conducted by
the Department, the cash deposit rate
will continue to be the ‘‘all others’’ rate
established in the LTFV investigation,
which is 18.71 percent. See Amended
Final and Order. For shipments
processed by DJG we will, (1) apply
Dofasco’s rate on merchandise supplied
by Dofasco or DSG; (2) apply the
company specific rate on merchandise
supplied by other previously reviewed
companies; and, (3) apply the ‘‘all
others’’ rate for merchandise supplied
by companies which have not been
reviewed in the past. These cash deposit
requirements, when imposed, shall
VerDate Aug<18>2005
15:19 Sep 08, 2005
Jkt 205001
remain in effect until publication of the
final results of the next administrative
review.
Duty Assessment
Upon publication of the final results
of review, the Department shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. The Department will issue
appraisement instructions directly to
CBP on the 41st day after the date of
publication of the final results of
review. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties.
For duty assessment purposes, we
calculate an importer–specific
assessment rate by dividing the total
dumping margins calculated for the U.S.
sales of each importer by the respective
total entered value of these sales. If the
preliminary results are adopted in the
final results of review, this rate will be
used for the assessment of antidumping
duties on all entries of the subject
merchandise by that importer during the
POR.
The Department clarified its
‘‘automatic assessment’’ regulation on
April 30, 2003. See Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by companies included in
these final results of review for which
the reviewed companies did not know
their merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the ‘‘all others’’ rate if there is
no rate for the intermediate
company(ies) involved in the
transaction.
Public Comment
Pursuant to section 351.224(b) of the
Department’s regulations, the
Department will disclose to any party to
the proceeding the calculations
performed in connection with these
preliminary results, within five days
after the date of publication of this
notice. Pursuant to section 351.309 of
the Department’s regulations, interested
parties may submit case briefs in
response to these preliminary results no
later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in case
briefs, may be filed no later than 5 days
after the time limit for filing case briefs.
Parties who submit arguments in this
proceeding are requested to submit with
the argument: (1) A statement of the
issue, (2) a brief summary of the
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Fmt 4703
Sfmt 4703
53627
argument, and (3) a table of authorities.
Further, the Department requests that
parties submitting briefs provide the
Department with an additional copy of
the public version of any such
comments on a computer diskette. Case
and rebuttal briefs must be served on
interested parties in accordance with
section 351.303(f) of the Department’s
regulations. Any interested party may
request a hearing within 30 days of
publication of this notice. Any hearing,
if requested, will normally be held two
days after the date for submission of
rebuttal briefs. The Department will
issue the final results of this
administrative review, which will
include the results of its analysis of
issues raised in any such written
comments or at a hearing, within 120
days after the publication of this notice,
unless extended. See section 351.213(h)
of the Department’s regulations.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under section 351.402(f)
of the Department’s regulations 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 Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
These preliminary results of this
administrative review and notice are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: August 31, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4947 Filed 9–8–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–807]
Polyethylene Terephthalate Film from
Korea; Five-year (Sunset) Reviews of
Antidumping Duty Order; Final Results
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 2, 2005, the
Department of Commerce (the
Department) initiated a sunset review of
the antidumping duty order on
polyethylene terephthalate (PET) film
AGENCY:
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09SEN1
53628
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices
from Korea, pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act). On the basis of the notice of
intent to participate and an adequate
substantive response filed on behalf of
domestic interested parties and no
response from respondent interested
parties, the Department conducted an
expedited sunset review. As a result of
this sunset review, the Department finds
that revocation of the antidumping duty
order on PET film from Korea would
likely lead to continuation or recurrence
of dumping at the levels listed below in
the section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE:
September 9, 2005.
Dana
Mermelstein 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) 482–1391 or (202) 482–
0649, respectively.
FOR INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2005, the Department
initiated a sunset review of the
antidumping duty order on PET film
from Korea pursuant to section 751(c) of
the Act. See Initiation of Five-year
(‘‘Sunset’’) Reviews, 70 FR 5415
(February 2, 2005). The Department
received a notice of intent to participate
from two domestic interested parties,
DuPont Teijin Films (DTF) and
Mitsubishi Polyester Film LLC
(Mitsubishi), within the deadline
specified in 19 C.F.R. § 351.218(d)(1)(i)
of the Department’s regulations.
Domestic interested parties claimed
interested party status under section
771(9)(C) of the Act as a U.S. producer
of a domestic like product. We received
a complete substantive response from
domestic interested parties within the
30-day deadline specified in 19 C.F.R.
§ 351.218(d)(3)(i). However, we did not
receive any response from respondent
interested parties. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
C.F.R. § 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited
sunset review of the order.
On May 26, 2005, the Department
extended the time limit for the final
results of this sunset review to not later
than August 31, 2005. See Polyethylene
Terephthalate Film from South Korea;
Extension of Time Limit for Final
Results of Sunset Review of
Antidumping Duty Order, 70 FR 30416
(May 26, 2005).
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15:19 Sep 08, 2005
Jkt 205001
Scope of the Order
The antidumping duty order on PET
film from Korea covers shipments of all
gauges of raw, pre–treated, or primed
polyethylene terephthalate film, sheet,
and strip, whether extruded or co–
extruded. The films excluded from this
order 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 (0.254 micrometers)
thick. Roller transport cleaning film
which has at least one of its surfaces
modified by the application of 0.5
micrometers of SBR latex has also been
ruled as not within the scope of the
order. PET film is currently classifiable
under Harmonized Tariff Schedule
(HTS) subheading 3920.62.00.00.1
While the HTS subheading is provided
for convenience and for customs
purposes, the written description
remains dispositive as to the scope of
the product coverage.
This sunset review covers imports
from all producers and exporters of PET
film from Korea, other than imports by
Toray Saehan, Inc.2 and Kolon
Industries, for which the order was
revoked.
Analysis of Comments Received
All issues raised in this case 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, dated August
30, 2005 (Decision Memorandum),
which is hereby adopted by this notice.
The issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margin likely
to prevail if the order were revoked.
Parties can find a complete discussion
of all issues raised in this sunset review
and the corresponding recommendation
in this public memorandum, which is
on file in room B–099 of the main
Department building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov, under the heading
‘‘September 2005.’’ The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
We determine that revocation of the
antidumping duty order on PET Film
from Korea would likely lead to
continuation or recurrence of dumping
at the following percentage weighted–
average margins:
Manufacturers/Exporters/Producers
Weighted–Average
Margin (Percent)
SKC Limited and SKC
America, Inc. .............
All Others ......................
13.92
21.50
This notice also serves as the only
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 C.F.R. § 351.305 of
the Department’s regulations. Timely
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 terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4942 Filed 9–8–05; 8:45 am]
BILLING CODE 3510–DS–S
1 Effective
July 1, 2003, the HTS subheading
3920.62.00.00 was divided into 3920.62.00.10
(metallized PET film) and 3920.62.00.90 (nonmetallized PET film).
2 In a changed circumstances review, the
Department determined that Toray Saehan, Inc. was
the successor-in-interest to Saehan Industries, Inc.
(Saehan). See Polyethylene Terephthalate Film,
Sheet and Strip from Korea, Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 65 FR 34661 (May 31,
2000). Prior to that, in another changed
circumstances review, the Department determined
that Saehan was the successor-in-interest to Cheil
Synthetics, Inc. (Cheil). See Polyethylene
Terephthalate Film, Sheet and Strip From the
Republic of Korea, Final Results of Changed
Circumstances Antidumping Duty Administrative
Review, 63 FR 3703 (January 26, 1998). The
Department calculated margins for Cheil in the
investigation of PET film from Korea and in
subsequent reviews.
PO 00000
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Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–824]
Silicomanganese From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is conducting an administrative review
of the antidumping duty order on
silicomanganese from Brazil
AGENCY:
E:\FR\FM\09SEN1.SGM
09SEN1
]]>Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53627-53628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4942]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-807]
Polyethylene Terephthalate Film from Korea; Five-year (Sunset)
Reviews of Antidumping Duty Order; Final Results
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 2, 2005, the Department of Commerce (the
Department) initiated a sunset review of the antidumping duty order on
polyethylene terephthalate (PET) film
[[Page 53628]]
from Korea, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). On the basis of the notice of intent to participate
and an adequate substantive response filed on behalf of domestic
interested parties and no response from respondent interested parties,
the Department conducted an expedited sunset review. As a result of
this sunset review, the Department finds that revocation of the
antidumping duty order on PET film from Korea would likely lead to
continuation or recurrence of dumping at the levels listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: September 9, 2005.
FOR INFORMATION CONTACT: Dana Mermelstein 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-
1391 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2005, the Department initiated a sunset review of
the antidumping duty order on PET film from Korea pursuant to section
751(c) of the Act. See Initiation of Five-year (``Sunset'') Reviews, 70
FR 5415 (February 2, 2005). The Department received a notice of intent
to participate from two domestic interested parties, DuPont Teijin
Films (DTF) and Mitsubishi Polyester Film LLC (Mitsubishi), within the
deadline specified in 19 C.F.R. Sec. 351.218(d)(1)(i) of the
Department's regulations. Domestic interested parties claimed
interested party status under section 771(9)(C) of the Act as a U.S.
producer of a domestic like product. We received a complete substantive
response from domestic interested parties within the 30-day deadline
specified in 19 C.F.R. Sec. 351.218(d)(3)(i). However, we did not
receive any response from respondent interested parties. As a result,
pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. Sec.
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset
review of the order.
On May 26, 2005, the Department extended the time limit for the
final results of this sunset review to not later than August 31, 2005.
See Polyethylene Terephthalate Film from South Korea; Extension of Time
Limit for Final Results of Sunset Review of Antidumping Duty Order, 70
FR 30416 (May 26, 2005).
Scope of the Order
The antidumping duty order on PET film from Korea covers shipments
of all gauges of raw, pre-treated, or primed polyethylene terephthalate
film, sheet, and strip, whether extruded or co-extruded. The films
excluded from this order 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 (0.254 micrometers) thick. Roller transport
cleaning film which has at least one of its surfaces modified by the
application of 0.5 micrometers of SBR latex has also been ruled as not
within the scope of the order. PET film is currently classifiable under
Harmonized Tariff Schedule (HTS) subheading 3920.62.00.00.\1\ While the
HTS subheading is provided for convenience and for customs purposes,
the written description remains dispositive as to the scope of the
product coverage.
---------------------------------------------------------------------------
\1\ Effective July 1, 2003, the HTS subheading 3920.62.00.00 was
divided into 3920.62.00.10 (metallized PET film) and 3920.62.00.90
(non-metallized PET film).
---------------------------------------------------------------------------
This sunset review covers imports from all producers and exporters
of PET film from Korea, other than imports by Toray Saehan, Inc.\2\ and
Kolon Industries, for which the order was revoked.
---------------------------------------------------------------------------
\2\ In a changed circumstances review, the Department determined
that Toray Saehan, Inc. was the successor-in-interest to Saehan
Industries, Inc. (Saehan). See Polyethylene Terephthalate Film,
Sheet and Strip from Korea, Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 65 FR 34661 (May 31, 2000).
Prior to that, in another changed circumstances review, the
Department determined that Saehan was the successor-in-interest to
Cheil Synthetics, Inc. (Cheil). See Polyethylene Terephthalate Film,
Sheet and Strip From the Republic of Korea, Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 63 FR 3703
(January 26, 1998). The Department calculated margins for Cheil in
the investigation of PET film from Korea and in subsequent reviews.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in this case 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, dated August 30, 2005
(Decision Memorandum), which is hereby adopted by this notice. The
issues discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of dumping and the magnitude of the margin
likely to prevail if the order were revoked. Parties can find a
complete discussion of all issues raised in this sunset review and the
corresponding recommendation in this public memorandum, which is on
file in room B-099 of the main Department building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at https://ia.ita.doc.gov, under the
heading ``September 2005.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order on PET
Film from Korea would likely lead to continuation or recurrence of
dumping at the following percentage weighted-average margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Exporters/Producers Margin (Percent)
------------------------------------------------------------------------
SKC Limited and SKC America, Inc.................... 13.92
All Others.......................................... 21.50
------------------------------------------------------------------------
This notice also serves as the only 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 C.F.R. Sec. 351.305 of the
Department's regulations. Timely 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 terms
of an APO is a violation which is subject to sanction.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4942 Filed 9-8-05; 8:45 am]
BILLING CODE 3510-DS-S
