Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, 55035-55036 [E8-22449]

Download as PDF Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices jlentini on PROD1PC65 with NOTICES where necessary, and are based on the residence rule for 2010 Census. The 2010 CFU telephone operation will be conducted April 26, 2010 through August 13, 2010. II. Method of Collection The CFU telephone operation will be administered using computer-assisted telephone interviews. It is estimated that 6,000,000 households will be included in the 2010 CFU telephone universe. This universe is selected based on the following criteria: • Initial census housing unit returns that responded ‘‘yes’’ to either coverage question; • Initial census returns that have a count discrepancy between the reported household population count and the actual number of persons recorded on the census form; • Initial census returns containing more than six persons; • Initial returns that are matched against an administrative records database to identify potential undercount; and • Initial census returns that are computer-matched to determine possible duplicate person links. The CFU interview includes probes about any of the following situations that seem applicable based on the household’s responses on the questionnaire: • Types of missing people, • Where college students live, • Where children in custody arrangements spend most of their time, • Where those who vacation spend most of their time, • If anyone else in the household stays anywhere else any part of the time, and • If anyone stayed in a facility where groups of people stay. When anyone is identified as potentially counted or omitted in error, Census then ask questions to establish the appropriate census residence of that person according to the residence rules in effect for the 2010 Census. We will contact respondents using telephone numbers provided by respondents on the initial census questionnaire and/or provided through a phone number look-up service through a commercial vendor. These interviews will be conducted at commercial call centers using computerassisted telephone interviewing (CATI). The CATI instrument will be in English and Spanish. As in previous censuses, we will not conduct field interviews as part of this effort due to the extremely high cost. III. Data OMB Control Number: 0607–0946. VerDate Aug<31>2005 19:36 Sep 23, 2008 Jkt 214001 Form Number: D–1302I, Coverage Follow-Up Telephone Interview Instrument (English, Spanish). Type of Review: Regular submission. Affected Public: Individuals or households. Estimated Number of Respondents: 6,000,000. Estimated Time per Response: 10 minutes. Estimated Total Annual Burden Hours: 1,000,000. Estimated Total Annual Cost: $0. Respondent’s Obligation: Mandatory. Legal Authority: Title 13 of the United States Code, Sections 141 and 193. 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: September 19, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8–22414 Filed 9–23–08; 8:45 am] BILLING CODE 3510–07–P Foreign–Trade Zones Board Order No. 1570 Approval of Manufacturing Authority, Within Foreign–Trade Zone 38, Spartanburg County, SC, Kittel Supplier USA, Inc. (Automotive Roof/ Luggage Racks) Pursuant to its authority under the Foreign–Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u) (the Act), the Foreign–Trade Zones Board (the Board) adopts the following Order: Whereas, the South Carolina State Ports Authority, grantee of FTZ 38, has requested authority under Section 400.28 (a)(2) of the Board’s regulations PO 00000 Frm 00015 Fmt 4703 on behalf of Kittel Supplier USA, Inc., to assemble automotive roof/luggage racks under FTZ procedures within FTZ 38 Site 3, Duncan, South Carolina (FTZ Docket 4–2008, filed 1–28–2008); Whereas, notice inviting public comment has been given in the Federal Register (73 FR 7250, 2–7–2008); Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied, and that approval of the application is in the public interest; Now, therefore, the Board hereby grants authority for the assembly of automotive roof/luggage racks within FTZ 38 for Kittel Supplier USA, Inc., as described in the application and Federal Register notice, subject to the Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, this 10th day of September 2008. David M. Spooner, Assistant Secretary of Commerce,for Import Administration,Alternate Chairman,Foreign– Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E8–22461 Filed 9–23–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–351–841 Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from Brazil Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 24, 2008. SUMMARY: The Department of Commerce (the Department) determines that imports of polyethylene terephthalate film, sheet and strip (PET film) from Brazil are being, or are likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final dumping margins are listed below in the section entitled ‘‘Final Determination of Investigation.’’ FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, AGENCY: DEPARTMENT OF COMMERCE Sfmt 4703 55035 E:\FR\FM\24SEN1.SGM 24SEN1 55036 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices DC 20230; telephone: (202) 482–4475, or (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: Background On May 5, 2008, the Department published the preliminary determination of sales at less than fair value (LTFV) in the antidumping investigation of polyethylene terephthalate film, sheet and strip from Brazil. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, 73 FR 24560 (May 5, 2008) (Preliminary Determination). On June 5, 2006 we extended the due date for issuing our final determination to September 17, 2008. See Postponement of Final Determination of Antidumping Duty Investigations: Polyethylene Terephthalate Film, Sheet and Strip from the People’s Republic of China, Brazil, and Thailand. 73 FR 31964, June 5, 2006. We invited parties to comment on the Preliminary Determination. We received no comments. Period of Investigation The period of investigation is July 1, 2006, through June 30, 2007. jlentini on PROD1PC65 with NOTICES Scope of Investigation The products covered in this investigation are all gauges of raw, pre– treated, or primed PET film, whether extruded or co–extruded. Excluded are metalized 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 more than 0.00001 inches thick. Also, excluded is roller transport cleaning film which has at least one of its surfaces modified by application of 0.5 micrometers of SBR latex. Tracing and drafting film is also excluded. PET film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and Customs purposes, our written description of the scope of this investigation is dispositive. Adverse Facts Available For the final determination, we continue to find that by failing to respond to sections A through E of our questionnaire and by withdrawing from the proceeding, Terphane Ltda, (Brazil) (Terphane) did not cooperate to the best of its ability in this investigation. See Preliminary Determination, 73 FR at 24562–24563. Thus, the Department continues to find the use of adverse facts available is warranted for this VerDate Aug<31>2005 19:36 Sep 23, 2008 Jkt 214001 company in accordance with sections 776(a)(2) and (b) of the Act. As we explained in the Preliminary Determination, the rate of 44.36 percent we selected as the adverse facts– available rate is the highest margin alleged in the petition and we corroborated the adverse facts–available rate pursuant to section 776(c) of the Act. All–Others Rate As explained in the Preliminary Determination, we continue to assign as the all–others rate a simple average of the rates in the petition, that is, 28.72 percent. See Preliminary Determination, 73 FR at 24564. the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information Weighted–Average disclosed under APO in accordance Producer/Exporter Margin (Percentage) with 19 CFR 351.305. Timely notification of return/destruction of Terphane ................ 44.36 APO materials or conversion to judicial All Others ................ 28.72 protective order is hereby requested. Failure to comply with the regulations Continuation of Suspension of and the terms of an APO is a Liquidation sanctionable violation. Pursuant to section 735(c)(1)(B) of the This determination is issued and Act and 19 CFR 351.210(d)(1), we will published pursuant to sections 735(d) instruct U.S. Customs and Border and 777(i)(1) of the Act. Protection (CBP) to continue to suspend Dated: September 17, 2008. liquidation of all entries of subject Stephen J. Claeys, merchandise from Brazil entered, or Acting Assistant Secretary for Import withdrawn from warehouse, for Administration. consumption on or after May 5, 2008, [FR Doc. E8–22449 Filed 9–23–08; 8:45 am] the date of the publication of the BILLING CODE 3510–DS–S Preliminary Determination. We will instruct CBP to require a cash deposit or the posting of a bond equal to the DEPARTMENT OF COMMERCE weighted–average margin, as indicated in the chart above, as follows: (1) the International Trade Administration rate for Terphane will be the rate we [A–520–803] have determined in this final determination; (2) if the exporter is not Polyethylene Terephthalate Film, a firm identified in this investigation Sheet, and Strip from the United Arab but the producer is, the rate will be the Emirates: Final Determination of Sales rate established for the producer of the at Less Than Fair Value subject merchandise; (3) the rate for all AGENCY: Import Administration, other producers or exporters will be International Trade Administration, 28.72 percent. These suspension–ofDepartment of Commerce. liquidation instructions will remain in SUMMARY: On May 5, 2008, the effect until further notice. Department of Commerce (Department) International Trade Commission published its preliminary determination Notification of sales at less than fair value (LTFV) in In accordance with section 735(d) of the antidumping investigation of the Act, we have notified the polyethylene terephthalate film, sheet International Trade Commission (ITC) of and strip (PET film) from the United our final determination. As our final Arab Emirates (UAE). On August 4, determination is affirmative, and in 2008, the Department issued a decision accordance with section 735(b)(2) of the memorandum concerning the targeted Act, the ITC will determine, within 45 dumping allegation by petitioners. See days, whether the domestic industry in Memorandum to Stephen Claeys, Final Determination of Investigation We determine that the following weighted–average dumping margins exist for the period April 1, 2006, through March 31, 2007: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Notices]
[Pages 55035-55036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22449]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-351-841


Notice of Final Determination of Sales at Less Than Fair Value: 
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: September 24, 2008.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of polyethylene terephthalate film, sheet and strip (PET film) 
from Brazil are being, or are likely to be, sold in the United States 
at less than fair value, as provided in section 735 of the Tariff Act 
of 1930, as amended (the Act). The final dumping margins are listed 
below in the section entitled ``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington,

[[Page 55036]]

DC 20230; telephone: (202) 482-4475, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 5, 2008, the Department published the preliminary 
determination of sales at less than fair value (LTFV) in the 
antidumping investigation of polyethylene terephthalate film, sheet and 
strip from Brazil. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip 
from Brazil, 73 FR 24560 (May 5, 2008) (Preliminary Determination). On 
June 5, 2006 we extended the due date for issuing our final 
determination to September 17, 2008. See Postponement of Final 
Determination of Antidumping Duty Investigations: Polyethylene 
Terephthalate Film, Sheet and Strip from the People's Republic of 
China, Brazil, and Thailand. 73 FR 31964, June 5, 2006. We invited 
parties to comment on the Preliminary Determination. We received no 
comments.

Period of Investigation

    The period of investigation is July 1, 2006, through June 30, 2007.

Scope of Investigation

    The products covered in this investigation are all gauges of raw, 
pre-treated, or primed PET film, whether extruded or co-extruded. 
Excluded are metalized 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 more than 0.00001 
inches thick. Also, excluded is roller transport cleaning film which 
has at least one of its surfaces modified by application of 0.5 
micrometers of SBR latex. Tracing and drafting film is also excluded. 
PET film is classifiable under subheading 3920.62.00.90 of the 
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS 
subheadings are provided for convenience and Customs purposes, our 
written description of the scope of this investigation is dispositive.

Adverse Facts Available

    For the final determination, we continue to find that by failing to 
respond to sections A through E of our questionnaire and by withdrawing 
from the proceeding, Terphane Ltda, (Brazil) (Terphane) did not 
cooperate to the best of its ability in this investigation. See 
Preliminary Determination, 73 FR at 24562-24563. Thus, the Department 
continues to find the use of adverse facts available is warranted for 
this company in accordance with sections 776(a)(2) and (b) of the Act. 
As we explained in the Preliminary Determination, the rate of 44.36 
percent we selected as the adverse facts-available rate is the highest 
margin alleged in the petition and we corroborated the adverse facts-
available rate pursuant to section 776(c) of the Act.

All-Others Rate

    As explained in the Preliminary Determination, we continue to 
assign as the all-others rate a simple average of the rates in the 
petition, that is, 28.72 percent. See Preliminary Determination, 73 FR 
at 24564.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period April 1, 2006, through March 31, 2007:

------------------------------------------------------------------------
                                                      Weighted-Average
                Producer/Exporter                   Margin (Percentage)
------------------------------------------------------------------------
Terphane.........................................                  44.36
All Others.......................................                  28.72
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.210(d)(1), we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from Brazil entered, or withdrawn from warehouse, for 
consumption on or after May 5, 2008, the date of the publication of the 
Preliminary Determination. We will instruct CBP to require a cash 
deposit or the posting of a bond equal to the weighted-average margin, 
as indicated in the chart above, as follows: (1) the rate for Terphane 
will be the rate we have determined in this final determination; (2) if 
the exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 28.72 percent. These suspension-of-liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction 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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: September 17, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-22449 Filed 9-23-08; 8:45 am]
BILLING CODE 3510-DS-S

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