Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Expedited Five-Year (Sunset) Review of the Countervailing Duty Order, 57300-57301 [E7-19818]

Download as PDF 57300 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Notices Assistance Center at: https:// www.buyusa.gov/home/us.html; or call Andy Karellas with the U.S. Commercial Service at (202) 482–3642, Fax: 202–482–0687. SUPPLEMENTARY INFORMATION: DECs sponsor and participate in numerous trade promotion activities, as well as supply specialized expertise to small and medium-sized businesses that are interested in exporting. Selection Process: About half of the approximately 30 positions on each of the 60 DECs are open for nominations for the term that ends December 31, 2011. Nominees are recommended by the local U.S. Export Assistance Center Director, in consultation with the DEC and other local export promotion partners. After a review process, nominees are selected and appointed to a DEC by the Secretary of Commerce. Membership Criteria: Each DEC is interested in nominating highlymotivated people. Appointment is based upon an individual’s energetic leadership, position in the local business community, knowledge of dayto-day international operations, interest in export development, and willingness and ability to devote time to council activities. Members include exporters, export service providers and others whose profession supports U.S. export promotion efforts. Authority: 15 U.S.C. 1501 et seq., 15 U.S.C. 4721. Dated: October 2, 2007. Andy Karellas, Office of Domestic Operations, U.S. Commercial Service, U.S. Department of Commerce. [FR Doc. E7–19854 Filed 10–5–07; 8:45 am] BILLING CODE 3510–FP–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–825] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Expedited Five-Year (Sunset) Review of the Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 1, 2007, the Department of Commerce (the Department) published in the Federal Register the notice of initiation of the first five-year sunset review of the countervailing duty order on polyethylene terephthalate (PET) film from India, pursuant to section 751(c) of mstockstill on PROD1PC66 with NOTICES AGENCY: VerDate Aug<31>2005 17:07 Oct 05, 2007 Jkt 214001 the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (‘‘Sunset’’) Reviews, 72 FR 30544 (June 1, 2007) (Initiation). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, and inadequate responses from respondent interested parties (in this case, neither the Government of India nor any of the respondent companies covered by the order provided a response), the Department conducted an expedited sunset review of these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B) and (C). As a result of this sunset review, the Department finds that revocation of the countervailing duty order is likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Dates: October 9, 2007. FOR FURTHER INFORMATION CONTACT: Elfi Blum or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–0197 or (202) 482– 1391, respectively. SUPPLEMENTARY INFORMATION: Background On June 1, 2007, the Department initiated the first sunset review of the countervailing duty order on PET film from India, pursuant to section 751(c) of the Act. See Initiation, 72 FR 30544. The Department received notices of intent to participate from DuPont Teijin Films (DuPont), Mitsubishi Polyester Film of America (MFA), SKC, Inc. (SKC), and Toray Plastics (America), Inc. (TPA) (collectively, domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i). Domestic interested parties claimed interested party status as U.S. producers engaged in the manufacture, production, or wholesale of PET film in the United States, pursuant to section 771(9)(C) of the Act. On June 15, 2007, respondent, Garware Polyester Ltd. (Garware) notified the Department of its interest in participating in this sunset review. On July 2, 2007, the Department received a substantive response from domestic interested parties within the deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive any substantive responses from any respondent interested party to this proceeding. Although Garware notified the Department of its interest in participating in the review, it did not PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 file a substantive response. In accordance with 19 CFR 351.218(e)(1)(ii)(C)(1), the Department notified the International Trade Commission (ITC) that respondent interested parties to the CVD order on PET film from India, provided inadequate responses to the Initiation, 72 FR 30544. The Department, therefore, has conducted an expedited sunset review of the countervailing duty order, pursuant to 19 CFR 351.218(e)(1)(ii)(B) and (C)(2). Since the publication of the countervailing duty order, there have been three completed administrative reviews of this order. See Notice of Countervailing Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002). There have been no requests for scope clarifications and no changed circumstances reviews. Scope of the Order The products covered by this order are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet and strip (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 were classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00. Effective July 1, 2003, the HTSUS subheading 3920.62.00.00 was divided into 3920.62.00.10 (metallized PET film) and 3920.62.00.90 (non-metallized PET film). HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised, in the substantive responses, by parties to this sunset review are addressed in the Issues and Decision Memorandum for Final Results of Expedited Sunset Review of the Countervailing Duty Orders on Polyethylene Terephthalate Film, Sheet, and Strip from India, from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated concurrently with this notice (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy rate likely to prevail if the order were E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Notices mstockstill on PROD1PC66 with NOTICES revoked and the nature of the subsidy. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendation in this public memorandum, which is on file in the Import Administration Central Records Unit, Room B–099 of the main Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Department’s Web page at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 070926537–7538–01] Effect on Propane Consumers of the Propane Education and Research Council’s Operations, Market Changes and Federal Programs International Trade Administration, Department of Commerce. ACTION: Notice of Inquiry. AGENCY: SUMMARY: The Department of Commerce (the Department) is seeking public Final Results of Review comment on whether the operation of the Propane Education and Research The Department determines that Council (PERC), in conjunction with the revocation of the countervailing duty cumulative effects of market changes order on PET Film from India would be and Federal programs, has had an effect likely to lead to continuation or on residential, agricultural, process and recurrence of countervailable subsidies nonfuel users of propane. This notice of at the following subsidy rates: inquiry is part of an effort to collect information to fulfill requirements Subsidy rate under the Propane Education and Manufacturers/exporters (percent ad valorem) Research Act of 1996 that established PERC and requires the Secretary of Ester Industries Ltd ........ 27.39 Commerce to assess the impact of Garware Polyester Ltd .... 33.44 PERC’s activities on propane Polyplex Corporation Ltd 22.71 consumers. All Others ........................ 29.36 DATES: Comments on this notice must be submitted on or before November 8, International Trade Commission (ITC) 2007. Notification ADDRESSES: You may submit comments In accordance with section 752(b)(3) by any of the following methods: E-mail: Frank.Caliva@mail.doc.gov. of the Act, we will notify the ITC of the Include the phrase ‘‘Propane Price final results of this expedited sunset Impacts on Consumers’’ in the subject review. line; Administrative Protective Orders Fax: (202) 482–5665 (Attn: Frank Caliva); This notice also serves as the only Mail or Hand Delivery/Courier: Frank reminder to parties subject to Caliva, U.S. Department of Commerce, administrative protective orders (APO) 14th Street & Constitution Ave., NW., of their responsibility concerning the Suite 4053, Washington, DC 20230. return or destruction of proprietary FOR FURTHER INFORMATION CONTACT: For information disclosed under APO in questions on the submission of accordance with 19 CFR 351.305. comments or to request copies of Timely notification of the return or submitted comments, contact Frank destruction of APO materials or Caliva by telephone at 202–482–8245, or conversion to judicial protective order is e-mail at Frank.Caliva@mail.doc.gov. hereby requested. Failure to comply SUPPLEMENTARY INFORMATION: The with the regulations and terms of an Propane Education and Research Act of APO is a violation that is subject to 1996 (Pub. L. 104–284) established the sanction. Propane Education and Research We are issuing and publishing this Council to enhance consumer and determination and notice in accordance employee safety and training, to provide with sections 751(c), 752(b), and 777(i) for research and development of clean of the Act. and efficient propane utilization equipment, and to inform and educate Dated: October 1, 2007. the public about safety and other issues David M. Spooner, associated with the use of propane. Assistant Secretary for Import Section 12 of the Act requires the Administration. Secretary of Commerce to prepare and [FR Doc. E7–19818 Filed 10–5–07; 8:45 am] submit to Congress and the Secretary of BILLING CODE 3510–DS–P Energy a report examining whether VerDate Aug<31>2005 17:07 Oct 05, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 57301 operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users of propane. The Secretary of Commerce shall consider and, to the extent practicable, shall include in the report submissions by propane consumers, and shall consider whether: (1) There have been long-term and short-term effects on propane prices as a result of the Council’s activities and Federal programs; and (2) whether there have been changes in the proportion of propane demand attributable to various market segments. If the report demonstrates that there has been an adverse effect related to the Council’s activities, the Secretary of Commerce shall make recommendations for correcting the situation. In order to assist in the preparation of this study, the Department is seeking public comment on the effect of PERC’s operation, market changes and Federal programs on propane consumers. For information on the operation and programs of PERC, you may visit PERC’s Web site at https:// www.propanecouncil.org or call PERC at (202) 452–8975. The Department encourages interested persons who wish to comment to do so at the earliest possible time. The period for submission of comments will close on November 8, 2007. The Department will consider all comments received before the close of the comment period. Comments received after the end of the comment period will be considered, if possible, but their consideration cannot be assured. The Department will not accept comments accompanied by a request that a part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. The Department will return such comments and materials to the persons submitting the comments and will not consider them. All comments submitted in response to this notice will be a matter of public record and will be available for public inspection and copying. All comments must be submitted to the Department through one of the methods listed under ADDRESSES. The office does not maintain a separate public inspection facility. If you would like to view any comments received in response to this solicitation, E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Notices]
[Pages 57300-57301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19818]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Expedited Five-Year (Sunset) Review of the 
Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 1, 2007, the Department of Commerce (the Department) 
published in the Federal Register the notice of initiation of the first 
five-year sunset review of the countervailing duty order on 
polyethylene terephthalate (PET) film from India, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation 
of Five-Year (``Sunset'') Reviews, 72 FR 30544 (June 1, 2007) 
(Initiation). On the basis of notices of intent to participate and 
adequate substantive responses filed on behalf of domestic interested 
parties, and inadequate responses from respondent interested parties 
(in this case, neither the Government of India nor any of the 
respondent companies covered by the order provided a response), the 
Department conducted an expedited sunset review of these orders 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B) and (C). As a result of this sunset review, the 
Department finds that revocation of the countervailing duty order is 
likely to lead to continuation or recurrence of countervailable 
subsidies at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Effective Dates: October 9, 2007.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Dana Mermelstein, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-0197 
or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2007, the Department initiated the first sunset review 
of the countervailing duty order on PET film from India, pursuant to 
section 751(c) of the Act. See Initiation, 72 FR 30544. The Department 
received notices of intent to participate from DuPont Teijin Films 
(DuPont), Mitsubishi Polyester Film of America (MFA), SKC, Inc. (SKC), 
and Toray Plastics (America), Inc. (TPA) (collectively, domestic 
interested parties), within the deadline specified in 19 CFR 
351.218(d)(1)(i). Domestic interested parties claimed interested party 
status as U.S. producers engaged in the manufacture, production, or 
wholesale of PET film in the United States, pursuant to section 
771(9)(C) of the Act. On June 15, 2007, respondent, Garware Polyester 
Ltd. (Garware) notified the Department of its interest in participating 
in this sunset review.
    On July 2, 2007, the Department received a substantive response 
from domestic interested parties within the deadline specified in 19 
CFR 351.218(d)(3)(i). The Department did not receive any substantive 
responses from any respondent interested party to this proceeding. 
Although Garware notified the Department of its interest in 
participating in the review, it did not file a substantive response. In 
accordance with 19 CFR 351.218(e)(1)(ii)(C)(1), the Department notified 
the International Trade Commission (ITC) that respondent interested 
parties to the CVD order on PET film from India, provided inadequate 
responses to the Initiation, 72 FR 30544. The Department, therefore, 
has conducted an expedited sunset review of the countervailing duty 
order, pursuant to 19 CFR 351.218(e)(1)(ii)(B) and (C)(2).
    Since the publication of the countervailing duty order, there have 
been three completed administrative reviews of this order. See Notice 
of Countervailing Duty Order: Polyethylene Terephthalate Film, Sheet, 
and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002). There have 
been no requests for scope clarifications and no changed circumstances 
reviews.

Scope of the Order

    The products covered by this order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet and strip 
(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 were classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) under item number 3920.62.00. Effective July 1, 
2003, the HTSUS subheading 3920.62.00.00 was divided into 3920.62.00.10 
(metallized PET film) and 3920.62.00.90 (non-metallized PET film). 
HTSUS subheadings are provided for convenience and customs purposes. 
The written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised, in the substantive responses, by parties to this 
sunset review are addressed in the Issues and Decision Memorandum for 
Final Results of Expedited Sunset Review of the Countervailing Duty 
Orders on Polyethylene Terephthalate Film, Sheet, and Strip from India, 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, dated concurrently with this notice (Decision 
Memorandum), which is hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of a countervailable subsidy, the net 
countervailable subsidy rate likely to prevail if the order were

[[Page 57301]]

revoked and the nature of the subsidy. Parties can find a complete 
discussion of all issues raised in these sunset reviews and the 
corresponding recommendation in this public memorandum, which is on 
file in the Import Administration Central Records Unit, Room B-099 of 
the main Commerce building. In addition, a complete version of the 
Decision Memo can be accessed directly on the Department's Web page at 
https://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order on PET Film from India would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following subsidy rates:

------------------------------------------------------------------------
                                                          Subsidy rate
               Manufacturers/exporters                    (percent ad
                                                            valorem)
------------------------------------------------------------------------
Ester Industries Ltd.................................              27.39
Garware Polyester Ltd................................              33.44
Polyplex Corporation Ltd.............................              22.71
All Others...........................................              29.36
------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 752(b)(3) of the Act, we will notify the 
ITC of the final results of this expedited sunset review.

Administrative Protective Orders

    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 CFR 351.305. 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 that is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(c), 752(b), and 777(i) of the Act.

    Dated: October 1, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-19818 Filed 10-5-07; 8:45 am]
BILLING CODE 3510-DS-P

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