Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement of the Antidumping Duty Order, 18259-18260 [E8-6951]
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18259
Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Notices
thermal expansion down to room
temperature and cristobalite
transformation at 215 degrees
centigrade. An essential feature of the
equipment is that it perform a non–
contact optical measurement.
Application accepted by Commissioner
of Customs: March 14, 2008.
Dated: March 28, 2008.
Faye Robinson,
Director, Statutory Import Programs Staff,
Import Administration.
[FR Doc. E8–6949 Filed 4–2–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–580–807
Polyethylene Terephthalate Film,
Sheet, and Strip from the Republic of
Korea: Final Results of Antidumping
Duty Changed Circumstances Review
and Reinstatement of the Antidumping
Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2007 the
Department of Commerce (the
Department) published the preliminary
results of the changed circumstances
review and intent to reinstate Kolon
Industries, Inc. (Kolon) in the
antidumping duty order on
polyethylene terephthalate film, sheet
and strip (PET film) from the Republic
of Korea (Korea). See Polythylene
Terephthalate Film Sheet and Strip
from the Republic of Korea: Preliminary
Results of Changed Circumstances
Review and Intent to Reinstate Kolon
Industries, Inc. in the Antidumping
Order, 72 FR 56048 (October 2, 2007)
(Preliminary Results). On February 6,
2008 we extended the time frame for
completion of this changed
circumstances review by 60 days. See
Polythylene Terephthalate Film, Sheet,
and Strip from the Republic of Korea:
Extension of Time Limits for Final
Results of Changed Circumstances
Review, 73 FR 6931 (February 6, 2008).
This review covers subject
merchandise manufactured and
exported by Kolon. The products
covered by this order are all gauges of
PET film, sheet and strip (see ‘‘Scope of
the Review’’ section below). The period
of review (POR) is July 1, 2005 through
June 30, 2006. Based on our analysis of
the comments received, we have made
changes in the margin calculation.
Therefore, the final results differ from
the preliminary results. We determine
rwilkins on PROD1PC63 with NOTICES
AGENCY:
VerDate Aug<31>2005
17:19 Apr 02, 2008
Jkt 214001
that Kolon sold subject merchandise at
less than normal value (NV) during the
POR, and hereby reinstate Kolon in the
order. The final weighted–average
dumping margin is listed below in the
section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE: April 3, 2008.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney 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) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2007, the Department
published in the Federal Register the
preliminary results of changed
circumstances review and intent to
reinstate Kolon in the antidumping
order on PET film from Korea. See
Preliminary Results. This review covers
sales of subject merchandise by Kolon.
The POR is July 1, 2005 through June
30, 2006.
We invited interested parties to
comment on the preliminary results of
review. On November 5, 2007, we
received comments from Kolon and the
petitioners (DuPont Teijin Films,
Mitsubishi Polyester Film, Inc, and
Toray Plastics (America) Inc.). On
November 13, 2007, Kolon and the
Petitioners filed rebuttal comments. At
the request of Kolon, we held a hearing
on this changed circumstances review
on November 21, 2007. On February 6,
2008, we extended the time frame for
completion of this changed
circumstances review by 60 days. The
Department has conducted this changed
circumstances review in accordance
with section 751(b) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
Imports covered by this review are
shipments of all gauges of raw,
pretreated, or primed polyethylene
terephthalate film, sheet, and strip,
whether extruded or coextruded. The
films excluded from this review 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. PET
film is currently classifiable under
Harmonized Tariff Schedule (HTS)
subheading 3920.62.00.90 The HTS
subheading is provided for convenience
and for customs purposes. The written
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
description remains dispositive as to the
scope of the product coverage.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by Kolon and
the Petitioners are addressed in the
‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, dated March 30, 2008,
which is adopted by this notice. A list
of issues which parties have raised is in
the Decision Memorandum and is
attached to this notice as an appendix.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
the Decision Memorandum which is on
file in the Central Records Unit, Room
1117, of the main Commerce Building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
www.ia.ita.doc.gov/frn. The paper copy
and the electronic version of the
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations. These changes are
discussed in the relevant sections of the
Decision Memorandum and the
Memorandum to the File from Michael
J. Heaney dated March 31, 2007
(Analysis Memorandum). Specifically,
for these final results:
1) We matched home market and U.S.
sales of PET film by their actual
thicknesses rather than by thickness
ranges.
2) We made a deduction from CEP to
account for bank and postal charges
incurred by Kolon’s U.S. affiliate.
3) We corrected a clerical error in our
recalculation of variable cost of
manufacture.
Final Results of Review
We determine that the following
weighted–average margin percentage
exists for the period July 1, 2005
through June 30, 2006:
Manufacturer/Exporter
Kolon .....................................
Margin
1.53 percent
Since we have established that PET
film from Korea manufactured and
exported by Kolon is being sold at less
than NV, Kolon is hereby reinstated in
the antidumping order effective on the
publication date of this notice. We will
E:\FR\FM\03APN1.SGM
03APN1
18260
Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Notices
advise the U.S. Customs and Border
Protection to collect a cash deposit of
1.53 percent on all entries of the subject
merchandise exported by Kolon that are
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results.
This requirement shall remain in effect
until publication of the final results of
the next administrative review as to
Kolon. There are no changes to the rates
applicable to any other companies
under this antidumping duty order.
Notification to Interested Parties
The Department will disclose
calculations performed in connection
with the final results of review within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
This notice also serves as a reminder
to parties subject to administrative
protective orders (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/
disposition of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this
determination in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216.
rwilkins on PROD1PC63 with NOTICES
Dated: March 28, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix–Comments in Decision Memo
1. Authority to reinstate Kolon in the
antidumping Order≤
2. Whether Changed Circumstances
Reviews Are a Suitable Vehicle for
Reinstating Previously Revoked
Respondents Within an Order
3. Whether Reinstating Revoked
Respondents is Consistent with the
Court’s Decision on Asahi Chemical
4. Authority of Department to Require
Kolon to Sign a Reinstatement
Agreement≤
5. Whether Procedures Applicable to
Reviews or Investigations Should
Govern this Proceeding
6. Zeroing
7. Model–Match Methodology
8. Calculation of General and
Administrative Expenses
9. Calculation of Variable Cost of
Manufacture
10. Adjustment for Kolon’s Bank and
Postal Charges
[FR Doc. E8–6951 Filed 4–2–08; 8:45 am]
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
17:19 Apr 02, 2008
Jkt 214001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG78
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; Tautog
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of cancellation of Federal
moratorium.
AGENCY:
SUMMARY: NMFS announces the
cancellation of the Federal moratorium
on fishing for tautog in the State waters
of New Jersey. NMFS canceled the
moratorium, as required by the Atlantic
Coastal Fisheries Cooperative
Management Act (Atlantic Coastal Act),
based on the determination that New
Jersey is now in compliance with the
Atlantic States Marine Fisheries
Commission’s (Commission) Tautog
Interstate Fishery Management Plan
(Plan).
DATES: Effective March 31, 2008.
ADDRESSES: Harold C. Mears, Director,
State, Federal and Constituent Programs
Office, NMFS, Northeast Region, One
Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Bob
Ross, Fishery Management Specialist,
NMFS, Northeast Region, (978) 281–
9327, fax (978) 281–9117, e-mail
Bob.Ross@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Tautog (Tautoga onitis), often known
by the common name ‘‘blackfish,’’ is a
coastal fish species ranging from Nova
Scotia to South Carolina, but most
abundant from the southern Gulf of
Maine (lower Massachusetts Bay and
southern Cape Cod Bay) to Chesapeake
Bay. The Commission manages this
species according to its Tautog Plan.
The Commission’s Tautog Plan can be
located at https://www.asmfc.org, (select
‘‘Interstate Fishery Management,’’ then
select ‘‘Tautog.’’).
On February 7, 2008, the Commission
voted the State of New Jersey out of
compliance with the Commission’s
Tautog Plan. Specifically, the
Commission found that New Jersey had
not implemented management measures
to achieve the required 25.6 percent
reduction in tautog exploitation as was
required by the Tautog Plan. The
Commission forwarded the findings of
their vote on February 7, 2008, in a
formal non-compliance referral letter
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Frm 00004
Fmt 4703
Sfmt 4703
that the Secretary of Commerce
(Secretary) received on February 11,
2008.
On March 10, 2008, upon a delegation
of authority from the Secretary, NMFS
completed its independent review of the
Commission’s findings and NMFS
determined that the State of New Jersey
was not in compliance with the
Commission’s Tautog Plan and that the
measures New Jersey failed to
implement and enforce are necessary for
the conservation of the tautog fishery.
New Jersey was notified by letter on
March 11, 2008, that NMFS declared a
Federal moratorium on fishing for,
possession of, and landing of tautog by
the recreational and commercial
fishermen in New Jersey state waters
effective April 1, 2008, if New Jersey has
not complied with the Commission’s
Tautog Plan by that date. Details were
provided in a Federal Register notice
published on March 14, 2008 (73 FR
13864), and are not repeated here.
Activities Pursuant to the Atlantic
Coastal Act
The Atlantic Coastal Act specifies
that, if, after a moratorium is declared
with respect to a State, the Secretary is
notified by the Commission that it is
withdrawing the determination of
noncompliance, the Secretary shall
immediately determine whether the
State is in compliance with the
applicable plan. If the state is
determined to be in compliance, the
moratorium shall be terminated. On
March 26, 2008, NMFS received a letter
from the Commission that New Jersey
has taken corrective action to comply
with the Tautog Plan, and that the
Commission has withdrawn its
determination of noncompliance.
Cancellation of the Moratorium
Based on the Commission’s March 26,
2008, letter, information received from
the State of New Jersey, and NMFS
review of New Jersey’s revised tautog
regulations, which achieved the
required 25.6–percent reduction in
tautog exploitation as was required by
the Tautog Plan, NMFS concurs with
the Commission’s determination that
New Jersey is now in compliance with
the Tautog Plan. Therefore, the
moratorium on fishing for, possession
of, and landing of tautog by the
recreational and commercial fishermen
within New Jersey waters is canceled.
Authority: 16 U.S.C. 5101 et seq.
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Notices]
[Pages 18259-18260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-580-807
Polyethylene Terephthalate Film, Sheet, and Strip from the
Republic of Korea: Final Results of Antidumping Duty Changed
Circumstances Review and Reinstatement of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2007 the Department of Commerce (the Department)
published the preliminary results of the changed circumstances review
and intent to reinstate Kolon Industries, Inc. (Kolon) in the
antidumping duty order on polyethylene terephthalate film, sheet and
strip (PET film) from the Republic of Korea (Korea). See Polythylene
Terephthalate Film Sheet and Strip from the Republic of Korea:
Preliminary Results of Changed Circumstances Review and Intent to
Reinstate Kolon Industries, Inc. in the Antidumping Order, 72 FR 56048
(October 2, 2007) (Preliminary Results). On February 6, 2008 we
extended the time frame for completion of this changed circumstances
review by 60 days. See Polythylene Terephthalate Film, Sheet, and Strip
from the Republic of Korea: Extension of Time Limits for Final Results
of Changed Circumstances Review, 73 FR 6931 (February 6, 2008).
This review covers subject merchandise manufactured and exported by
Kolon. The products covered by this order are all gauges of PET film,
sheet and strip (see ``Scope of the Review'' section below). The period
of review (POR) is July 1, 2005 through June 30, 2006. Based on our
analysis of the comments received, we have made changes in the margin
calculation. Therefore, the final results differ from the preliminary
results. We determine that Kolon sold subject merchandise at less than
normal value (NV) during the POR, and hereby reinstate Kolon in the
order. The final weighted-average dumping margin is listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: April 3, 2008.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney 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-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2007, the Department published in the Federal
Register the preliminary results of changed circumstances review and
intent to reinstate Kolon in the antidumping order on PET film from
Korea. See Preliminary Results. This review covers sales of subject
merchandise by Kolon. The POR is July 1, 2005 through June 30, 2006.
We invited interested parties to comment on the preliminary results
of review. On November 5, 2007, we received comments from Kolon and the
petitioners (DuPont Teijin Films, Mitsubishi Polyester Film, Inc, and
Toray Plastics (America) Inc.). On November 13, 2007, Kolon and the
Petitioners filed rebuttal comments. At the request of Kolon, we held a
hearing on this changed circumstances review on November 21, 2007. On
February 6, 2008, we extended the time frame for completion of this
changed circumstances review by 60 days. The Department has conducted
this changed circumstances review in accordance with section 751(b) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
Imports covered by this review are shipments of all gauges of raw,
pretreated, or primed polyethylene terephthalate film, sheet, and
strip, whether extruded or coextruded. The films excluded from this
review 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. PET film is currently classifiable
under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS
subheading is provided for convenience and for customs purposes. The
written description remains dispositive as to the scope of the product
coverage.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
Kolon and the Petitioners are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration, dated March 30, 2008,
which is adopted by this notice. A list of issues which parties have
raised is in the Decision Memorandum and is attached to this notice as
an appendix. Parties can find a complete discussion of all issues
raised in this review and the corresponding recommendations in the
Decision Memorandum which is on file in the Central Records Unit, Room
1117, of the main Commerce Building. In addition, a complete version of
the Decision Memorandum can be accessed directly on the Web at https://
www.ia.ita.doc.gov/frn. The paper copy and the electronic version of
the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. These changes are discussed
in the relevant sections of the Decision Memorandum and the Memorandum
to the File from Michael J. Heaney dated March 31, 2007 (Analysis
Memorandum). Specifically, for these final results:
1) We matched home market and U.S. sales of PET film by their
actual thicknesses rather than by thickness ranges.
2) We made a deduction from CEP to account for bank and postal
charges incurred by Kolon's U.S. affiliate.
3) We corrected a clerical error in our recalculation of variable
cost of manufacture.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period July 1, 2005 through June 30, 2006:
------------------------------------------------------------------------
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Kolon................................................... 1.53 percent
------------------------------------------------------------------------
Since we have established that PET film from Korea manufactured and
exported by Kolon is being sold at less than NV, Kolon is hereby
reinstated in the antidumping order effective on the publication date
of this notice. We will
[[Page 18260]]
advise the U.S. Customs and Border Protection to collect a cash deposit
of 1.53 percent on all entries of the subject merchandise exported by
Kolon that are entered, or withdrawn from warehouse, for consumption on
or after the publication date of these final results. This requirement
shall remain in effect until publication of the final results of the
next administrative review as to Kolon. There are no changes to the
rates applicable to any other companies under this antidumping duty
order.
Notification to Interested Parties
The Department will disclose calculations performed in connection
with the final results of review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
This notice also serves as a reminder to parties subject to
administrative protective orders (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/disposition of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing this determination in accordance with
section 751(b)(1) of the Act and 19 CFR 351.216.
Dated: March 28, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix-Comments in Decision Memo
1. Authority to reinstate Kolon in the antidumping Order>
2. Whether Changed Circumstances Reviews Are a Suitable Vehicle for
Reinstating Previously Revoked Respondents Within an Order
3. Whether Reinstating Revoked Respondents is Consistent with the
Court's Decision on Asahi Chemical
4. Authority of Department to Require Kolon to Sign a Reinstatement
Agreement>
5. Whether Procedures Applicable to Reviews or Investigations
Should Govern this Proceeding
6. Zeroing
7. Model-Match Methodology
8. Calculation of General and Administrative Expenses
9. Calculation of Variable Cost of Manufacture
10. Adjustment for Kolon's Bank and Postal Charges
[FR Doc. E8-6951 Filed 4-2-08; 8:45 am]
BILLING CODE 3510-DS-S
