Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 55036-55039 [E8-22453]
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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:
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices
Deputy Assistant Secretary for Import
Administration, from Barbara E.
Tillman, Director, AD/CVD Operations,
Office 6, Antidumping Duty
Investigation of Polyethylene
Terephthalate Film, Sheet, and Strip
(PET Film) from the United Arab
Emirates: Analysis of Petitioners’
Allegation of Targeting Dumping, dated
August 4, 2008 (Targeted Dumping
Memorandum). In that memorandum,
we found that petitioners had not
provided sufficient information to
warrant a targeted dumping analysis.
We invited interested parties to
comment on our preliminary
determination of sales at LTFV and on
our targeted dumping decision. Based
on our analysis of the comments
received, we have made changes to our
calculations for the sole respondent. See
‘‘Changes Since the Preliminary
Determination’’ section below. We
determine that PET film from the UAE
is being, or is likely to be, sold in the
United States at LTFV as provided in
section 735 of the Tariff Act of 1930, as
amended (the Act). The final dumping
margins for this investigation are listed
in the ‘‘Final Determination Margins’’
section below.
EFFECTIVE DATE: September 24, 2008.
FOR FURTHER INFORMATION CONTACT:
Douglas Kirby or Myrna Lobo, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3782 or (202) 482–
2371, respectively.
SUPPLEMENTARY INFORMATION: The
Department published its preliminary
determination of sales at LTFV on May
5, 2008. See Polyethylene Terephthalate
Film, Sheet, and Strip from the United
Arab Emirates: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 73 FR 24547 (May 5,
2008) (Preliminary Determination).
Additionally, the Department postponed
the deadline for the final determination
to the 135th day following publication of
the Preliminary Determination. See id.
at 24548. As a result, the deadline for
this final determination is September
17, 2008. See id. The petitioners are
DuPont Teijin Films, Mitsubishi
Polyester Film of America, Inc., SKC,
Inc. and Toray Plastics (America), Inc.
(collectively, the petitioners). The
respondent for this investigation is Flex
Middle East FZE (Flex UAE).
On March 21, 2008, the petitioners
submitted a timely allegation that Flex
UAE engaged in targeted dumping
during the POI in accordance with 19
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17:26 Sep 23, 2008
Jkt 214001
CFR 351.301(d)(5). On March 31, 2008,
Flex UAE submitted comments in
response to the petitioners’ targeted
dumping allegation. On April 11, 2008,
the Department requested additional
information from the petitioners
regarding their targeted dumping
allegation, which was submitted on
April 21, 2008. Since there was not
sufficient time to analyze the
information and fully consider the
petitioners’ allegation before the
preliminary determination, the
Department stated in the Preliminary
Determination that it would issue a
decision regarding targeted dumping
following the issuance of the
preliminary determination, and would
allow parties to comment on it prior to
the final determination. After reviewing
petitioners’ April 21, 2008 supplemental
information, the Department determined
that additional information was needed
from petitioners and issued a second
request for information on June 6, 2008.
Petitioners filed their submission on
June 9, 2008. On August 4, 2008 the
Department issued the Targeted
Dumping Memorandum in which we
determined that petitioners had not
provided sufficient information to
warrant a targeted dumping analysis.
See ‘‘Targeted Dumping’’ section below
for additional information.
Cost and sales verifications of Flex
UAE were conducted by the Department
in May 2008, and a sales verification of
Flex UAE’s U.S. affiliate, Flex America
Inc. (Flex America) was conducted in
July 2008. See the ‘‘Verification’’ section
below for additional information.
Upon the release of the last
verification report on August 11, 2008,
we invited parties to comment on the
Preliminary Determination, the targeted
dumping decision, and the verification
reports. On August 18, 2008, petitioners
and respondents filed timely case briefs.
On August 22, 2008, both parties filed
rebuttal briefs. No parties requested a
hearing.
Period of Investigation
The period of investigation (POI) is
July 1, 2006 through June 30, 2007.
Scope of the Investigation
The products covered by this
investigation are all gauges of raw, pre–
treated, or primed PET film, whether
extruded or co–extruded. 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 more than 0.00001
inches thick. Also excluded is Roller
transport cleaning film which has at
least one of its surfaces modified by
PO 00000
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Fmt 4703
Sfmt 4703
55037
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 U.S. Customs and
Border Protection (CBP) purposes, our
written description of the scope of this
investigation is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, Issues and Decision
Memorandum for the Final
Determination of Sales at Less Than
Fair Value: Polyethylene Terephthalate
Film, Sheet, and Strip from the United
Arab Emirates (UAE) (Issues and
Decision Memorandum), dated
concurrently with this notice and which
is hereby adopted by this notice. A list
of the issues which parties raised and to
which we respond in the Issues and
Decision Memorandum is attached to
this notice as an appendix. The Issues
and Decision Memorandum is a public
document and is on file in the Central
Records Unit (CRU), Main Commerce
Building, Room 1117, and is accessible
on the World Wide Web at https://
ia.ita.doc.gov/frn . The paper copy and
electronic version of the memorandum
are identical in content.
Targeted Dumping
On August 4, 2008, the Department
issued its Targeted Dumping
Memorandum, finding that the
petitioners’ allegation did not provide
sufficient information and analysis to
warrant the conduct of a targeted
dumping analysis. The Department
therein recommended applying the
standard methodology of comparing
weighted–average normal values to
weighted–average export prices (or
constructed export prices) for purposes
of calculating the dumping margin for
the final determination. After
considering comments received in the
case and rebuttal briefs, the Department
continues to find that petitioners’
allegations of targeted dumping do not
provide a reasonable basis to find a
pattern of export prices for comparable
merchandise that differ significantly
among purchasers. We determine
further that petitioners did not
demonstrate that any such differences
could not be taken into account using
the average–to-average methodology,
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices
pursuant to section 777A(d)(1)(B) of the
Act. We therefore conclude that, for this
final determination, we will continue to
utilize the average–to-average
methodology in calculating the final
margin for respondent. For further
discussion, see Comment 12 in the
Issues and Decision Memorandum.
jlentini on PROD1PC65 with NOTICES
Changes Since the Preliminary
Determination
Based on our analysis of information
on the record of this investigation, and
comments received from the interested
parties, we have made changes to the
margin calculations for Flex UAE. We
have also considered information
received in response to our April 25,
2008 questionnaire and information
obtained at verification. As a result, we
have reclassified certain channel 2 and
channel 3 sales as channel 1 (direct)
sales. Further, we have revised the date
of sale for Flex UAE’s channel 1 sales
and recalculated credit expenses and
inventory carrying costs for the different
channels as necessary. We have also
made adjustments to normal value (NV)
for customs clearance fees and export
credit insurance, and to CEP for bank
charges, sample sales expenses and cash
discounts as required. In addition, we
have made corrections to Flex UAE’s
cost of production. All of these changes
are fully discussed in the Issues and
Decision Memorandum, the Analysis
Memorandum for the Final
Determination of Sales at Less Than
Fair Value: Polyethylene Terephthalate
Film, Sheet, and Strip from the United
Arab Emirates, dated September 17,
2008, and the Memorandum to Neal M.
Halper, Director, Office of Accounting,
Cost of Production and Constructed
Value Calculation Adjustments for the
Final Determination – Flex Middle East
FZE, dated September 17, 2008.
Verification
As provided in section 782(i) of the
Act, we verified the sales and cost
information submitted by Flex UAE for
use in our final determination. We also
conducted a sales verification of Flex
UAE’s U.S. affiliate Flex America. We
used standard verification procedures
including an examination of relevant
accounting and production records, and
original source documents provided by
Flex UAE and Flex America. See
Memorandum to the File, Verification of
the Sales Response of Flex Middle East
(FZE) in the Antidumping Investigation
of Polyethylene Terephthalate Film,
Sheet and Strip (PET film) from the
United Arab Emirates (UAE), dated July
23, 2008; Memorandum to Neal M.
Halper, Director, Office of Accounting,
Verification of the Cost of Production
VerDate Aug<31>2005
19:36 Sep 23, 2008
Jkt 214001
and Constructed Value Data Submitted
by Flex Middle East FZE in the
Antidumping Duty Investigation of
Polyethylene Terephthalate (PET) Film,
Sheet, and Strip from United Arab
Emirates, dated July 8, 2008; and
Memorandum to the File, Verification of
the Sales Response of Flex America Inc.
in the Antidumping Investigation of
Polyethylene Terephthalate Film, Sheet
and Strip (PET Film) from the United
Arab Emirates (UAE), dated August 11,
2008.
All–Others Rate
Pursuant to section 735(c)(5)(A) of the
Act, the all–others rate is equal to the
weighted average of the dumping
margins of each respondent
investigated, excluding zero or de
minimis margins and any margins
determined exclusively under section
776 of the Act. Flex UAE is the only
respondent in this investigation for
which the Department has calculated a
rate. Therefore, for purposes of
determining the all–others rate and
pursuant to section 735(c)(5)(A) of the
Act, we are using the rate calculated for
Flex UAE as the all–others rate, as
referenced in the ‘‘Final Determination
Margins’’ section below.
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 4.80 percent. The
suspension of liquidation 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 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.
Return or Destruction of Proprietary
Information
This notice will serve as the only
reminder to parties subject to
Weighted–Average administrative protective order (‘‘APO’’)
Producer/Exporter
Margin
of their responsibility concerning the
destruction of proprietary information
Flex Middle East FZE ...
4.80% disclosed under APO in accordance
All Others ......................
4.80%
with 19 CFR 351.305(a)(3). Timely
written notification of return/
Disclosure
destruction of APO materials or
We will disclose the calculations
conversion to judicial protective order is
performed in reaching this final
hereby requested. Failure to comply
determination within five days of the
with the regulations and the terms of an
date of public announcement of this
APO is a sanctionable violation.
determination to parties in this
We are issuing and publishing this
proceeding in accordance with 19 CFR
determination and notice in accordance
351.224(b).
with sections 735(d) and 777(i) of the
Act.
Continuation of Suspension of
Dated: September 17, 2008.
Liquidation
Stephen J. Claeys,
Pursuant to section 735(c)(1)(B) of the
Act, we will instruct CBP to continue to Acting Assistant Secretary for Import
Administration.
suspend liquidation of all entries of
subject merchandise from the UAE
Appendix - Issues in Decision
entered, or withdrawn from warehouse, Memorandum
for consumption on or after May 5,
Comment 1: Date of Sale/Credit
2008, the date of publication of the
Expenses for U.S. Channel 1 Sales
Preliminary Determination. We will
Comment 2: Calculation of Inventory
instruct CBP to require a cash deposit or Carrying Costs for U.S. Sales
the posting of a bond equal to the
Comment 3: Reclassification of Direct
weighted–average dumping margins, as
Sales Reported as Channel 3 Sales
indicated in the chart above, as follows: Comment 4: Correction to Erroneous
(1) the rate for the firm listed above will Calculation for a U.S. Credit Expense
be the rate we have determined in this
Comment 5: Treatment of Bank Charges
final determination; (2) if the exporter is Incurred on U.S. Sales
Final Determination Margins
We determine that the weighted–
average dumping margins are as follows:
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices
Comment 6: Unreported Cash Discounts
for a U.S. Sale
Comment 7: Treatment of U.S. Sample
Sales
Comment 8: Whether to Adjust Normal
Value for Customs Clearance Fees
Incurred on Home Market Sales
Comment 9: Whether to Adjust Normal
Value for Export Credit Insurance
Incurred on Home Market Sales
Comment 10: Whether to Include the
Surrogate Cost for a Domestic Product
Sold but Not Produced During the POI
Comment 11: Corrections to Flex UAE’s
Reported Cost of Production
Comment 12: Targeted Dumping
[FR Doc. E8–22453 Filed 9–23–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 24, 2008.
SUMMARY: On May 5, 2008, the
Department of Commerce
(‘‘Department’’) published its
preliminary determination of sales at
less than fair value (‘‘LTFV’’) in the
antidumping investigation of
polyethylene terephthalate film, sheet,
and strip (‘‘PET Film’’) from the
People’s Republic of China (‘‘PRC’’).
The period of investigation (‘‘POI’’) is
January 1, 2007, through June 30, 2007.
We invited interested parties to
comment on our preliminary
determination of sales at LTFV. Based
on our analysis of the comments we
received, we have made changes to our
calculation for the mandatory
respondent. The final dumping margins
for this investigation are listed in the
‘‘Final Determination Margins’’ section
below.
AGENCY:
Erin
Begnal or Toni Dach, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1442 or (202) 482–
1655, respectively.
jlentini on PROD1PC65 with NOTICES
FOR FURTHER INFORMATION CONTACT:
FINAL DETERMINATION
We determine that PET Film from the
PRC is being, or is likely to be, sold in
the United States at LTFV as provided
VerDate Aug<31>2005
17:26 Sep 23, 2008
Jkt 214001
in section 735 of the Tariff Act of 1930,
as amended (‘‘the Act’’). The estimated
margins of sales at LTFV are shown in
the ‘‘Final Determination Margins’’
section of this notice.
SUPPLEMENTARY INFORMATION:
Case History
The Department published its
preliminary determination of sales at
LTFV on
May 5, 2008. See Polyethylene
Terephthalate Film, Sheet, and Strip
from the People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value, 73 FR 24552 (May
5, 2008) (‘‘Preliminary Determination’’).
On May 2, 2008, DuPont Teijin Films
China Limited (‘‘DTFC’’), the sole active
mandatory respondent, along with its
affiliates DuPont Teijin Hongji Films
Ningbo Co., Ltd. (‘‘DTHFN’’) and
DuPont–Hongji Films Foshan Co., Ltd.
(‘‘DPHJ’’), (collectively the DuPont
Group), requested a 60-day extension of
the final determination. On June 2,
2008, the Department published the
postponement of the final
determination. See Postponement of
Final Determinations 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, 2008).
Between June 5, 2008, and June 20,
2008, the Department conducted
verifications of DTFC and DPHJ, and
their U.S. affiliate, DuPont Teijin Films
U.S. Limited Partnership (‘‘DTFUS’’).
See the ‘‘Verification’’ section below for
additional information. Upon the July
28, 2008, release of the verification
reports for DPHJ, DTFUS, and DTFC,
parties were allotted seven days to
comment on the Preliminary
Determination. On August 5, 2008, the
DuPont Group filed a case brief. No
other interested parties submitted case
briefs or rebuttal briefs.
Analysis of Comments Received
All issues raised in the DuPont
Group’s case brief are addressed in the
‘‘Issues and Decision Memorandum for
the Final Determination of Sales at Less
than Fair Value: Polyethylene
Terephthalate Film, Sheet, and Strip
from the People’s Republic of China,’’
dated September 17, 2008 (‘‘I&D
Memo’’), which is hereby adopted by
this notice. A list of the issues which
the DuPont Group raised and to which
we respond in the I&D Memo is attached
to this notice as an appendix. The I&D
Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Main Commerce Building,
Room 1117, and is accessible on the
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55039
world wide web at https://
www.trade.gov/ia. The paper copy and
electronic version of the memorandum
are identical in content.
Changes Since the Preliminary
Determination
Based on our analysis of information
on the record of this investigation, and
comments received from the interested
parties, we have made changes to the
margin calculations for the DuPont
Group. We have revalued some of the
surrogate values used in the Preliminary
Determination. The values that were
modified for this final determination are
those for surrogate financial ratios and
PET chips. For further details see I&D
Memo at Comments 1 and 3, and
Memorandum to the File from Erin
Begnal, through Scot T. Fullerton,
Program Manager, AD/CVD Operations,
Office 9, and James C. Doyle, Director,
AD/CVD Operations, Office 9;
Polyethylene Terephthalate Film, Sheet,
and Strip from the People’s Republic of
China: Surrogate Values for the Final
Determination, dated September 17,
2008 (‘‘Final Surrogate Value Memo’’).
In addition, we have made some
company–specific changes since the
Preliminary Determination. Specifically,
we have incorporated, where applicable,
post–preliminary clarifications based on
verification for DTFC. For further details
on these company–specific changes, see
Memorandum to the File, through Scot
T. Fullerton, Program Manager, AD/CVD
Operations, Office 9, from Erin Begnal,
Senior International Trade Analyst, AD/
CVD Operations, Office 9, regarding
‘‘Program Analysis for the Final
Determination of Antidumping Duty
Investigation of Polyethylene
Terephthalate Film, Sheet, and Strip
from the People’s Republic of China,’’
dated September 17, 2008 (‘‘DTFC
Analysis Memorandum’’).
Scope of Investigation
The products covered by this
investigation are all gauges of raw, pre–
treated, or primed PET Film, whether
extruded or co–extruded. 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 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
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]]>Agencies
[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Notices]
[Pages 55036-55039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22453]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip from the United
Arab Emirates: Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 5, 2008, the Department of Commerce (Department)
published its preliminary determination of sales at less than fair
value (LTFV) in the antidumping investigation of polyethylene
terephthalate film, sheet and strip (PET film) from the United Arab
Emirates (UAE). On August 4, 2008, the Department issued a decision
memorandum concerning the targeted dumping allegation by petitioners.
See Memorandum to Stephen Claeys,
[[Page 55037]]
Deputy Assistant Secretary for Import Administration, from Barbara E.
Tillman, Director, AD/CVD Operations, Office 6, Antidumping Duty
Investigation of Polyethylene Terephthalate Film, Sheet, and Strip (PET
Film) from the United Arab Emirates: Analysis of Petitioners'
Allegation of Targeting Dumping, dated August 4, 2008 (Targeted Dumping
Memorandum). In that memorandum, we found that petitioners had not
provided sufficient information to warrant a targeted dumping analysis.
We invited interested parties to comment on our preliminary
determination of sales at LTFV and on our targeted dumping decision.
Based on our analysis of the comments received, we have made changes to
our calculations for the sole respondent. See ``Changes Since the
Preliminary Determination'' section below. We determine that PET film
from the UAE is being, or is likely to be, sold in the United States at
LTFV as provided in section 735 of the Tariff Act of 1930, as amended
(the Act). The final dumping margins for this investigation are listed
in the ``Final Determination Margins'' section below.
EFFECTIVE DATE: September 24, 2008.
FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Myrna Lobo, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3782 or (202) 482-2371, respectively.
SUPPLEMENTARY INFORMATION: The Department published its preliminary
determination of sales at LTFV on May 5, 2008. See Polyethylene
Terephthalate Film, Sheet, and Strip from the United Arab Emirates:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 73 FR 24547 (May 5, 2008)
(Preliminary Determination). Additionally, the Department postponed the
deadline for the final determination to the 135\th\ day following
publication of the Preliminary Determination. See id. at 24548. As a
result, the deadline for this final determination is September 17,
2008. See id. The petitioners are DuPont Teijin Films, Mitsubishi
Polyester Film of America, Inc., SKC, Inc. and Toray Plastics
(America), Inc. (collectively, the petitioners). The respondent for
this investigation is Flex Middle East FZE (Flex UAE).
On March 21, 2008, the petitioners submitted a timely allegation
that Flex UAE engaged in targeted dumping during the POI in accordance
with 19 CFR 351.301(d)(5). On March 31, 2008, Flex UAE submitted
comments in response to the petitioners' targeted dumping allegation.
On April 11, 2008, the Department requested additional information from
the petitioners regarding their targeted dumping allegation, which was
submitted on April 21, 2008. Since there was not sufficient time to
analyze the information and fully consider the petitioners' allegation
before the preliminary determination, the Department stated in the
Preliminary Determination that it would issue a decision regarding
targeted dumping following the issuance of the preliminary
determination, and would allow parties to comment on it prior to the
final determination. After reviewing petitioners' April 21, 2008
supplemental information, the Department determined that additional
information was needed from petitioners and issued a second request for
information on June 6, 2008. Petitioners filed their submission on June
9, 2008. On August 4, 2008 the Department issued the Targeted Dumping
Memorandum in which we determined that petitioners had not provided
sufficient information to warrant a targeted dumping analysis. See
``Targeted Dumping'' section below for additional information.
Cost and sales verifications of Flex UAE were conducted by the
Department in May 2008, and a sales verification of Flex UAE's U.S.
affiliate, Flex America Inc. (Flex America) was conducted in July 2008.
See the ``Verification'' section below for additional information.
Upon the release of the last verification report on August 11,
2008, we invited parties to comment on the Preliminary Determination,
the targeted dumping decision, and the verification reports. On August
18, 2008, petitioners and respondents filed timely case briefs. On
August 22, 2008, both parties filed rebuttal briefs. No parties
requested a hearing.
Period of Investigation
The period of investigation (POI) is July 1, 2006 through June 30,
2007.
Scope of the Investigation
The products covered by this investigation are all gauges of raw,
pre-treated, or primed PET film, whether extruded or co-extruded.
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 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 U.S. Customs and Border Protection (CBP)
purposes, our written description of the scope of this investigation is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the memorandum from Stephen J.
Claeys, Deputy Assistant Secretary for Import Administration, to David
M. Spooner, Assistant Secretary for Import Administration, Issues and
Decision Memorandum for the Final Determination of Sales at Less Than
Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from the
United Arab Emirates (UAE) (Issues and Decision Memorandum), dated
concurrently with this notice and which is hereby adopted by this
notice. A list of the issues which parties raised and to which we
respond in the Issues and Decision Memorandum is attached to this
notice as an appendix. The Issues and Decision Memorandum is a public
document and is on file in the Central Records Unit (CRU), Main
Commerce Building, Room 1117, and is accessible on the World Wide Web
at https://ia.ita.doc.gov/frn . The paper copy and electronic version of
the memorandum are identical in content.
Targeted Dumping
On August 4, 2008, the Department issued its Targeted Dumping
Memorandum, finding that the petitioners' allegation did not provide
sufficient information and analysis to warrant the conduct of a
targeted dumping analysis. The Department therein recommended applying
the standard methodology of comparing weighted-average normal values to
weighted-average export prices (or constructed export prices) for
purposes of calculating the dumping margin for the final determination.
After considering comments received in the case and rebuttal briefs,
the Department continues to find that petitioners' allegations of
targeted dumping do not provide a reasonable basis to find a pattern of
export prices for comparable merchandise that differ significantly
among purchasers. We determine further that petitioners did not
demonstrate that any such differences could not be taken into account
using the average-to-average methodology,
[[Page 55038]]
pursuant to section 777A(d)(1)(B) of the Act. We therefore conclude
that, for this final determination, we will continue to utilize the
average-to-average methodology in calculating the final margin for
respondent. For further discussion, see Comment 12 in the Issues and
Decision Memorandum.
Changes Since the Preliminary Determination
Based on our analysis of information on the record of this
investigation, and comments received from the interested parties, we
have made changes to the margin calculations for Flex UAE. We have also
considered information received in response to our April 25, 2008
questionnaire and information obtained at verification. As a result, we
have reclassified certain channel 2 and channel 3 sales as channel 1
(direct) sales. Further, we have revised the date of sale for Flex
UAE's channel 1 sales and recalculated credit expenses and inventory
carrying costs for the different channels as necessary. We have also
made adjustments to normal value (NV) for customs clearance fees and
export credit insurance, and to CEP for bank charges, sample sales
expenses and cash discounts as required. In addition, we have made
corrections to Flex UAE's cost of production. All of these changes are
fully discussed in the Issues and Decision Memorandum, the Analysis
Memorandum for the Final Determination of Sales at Less Than Fair
Value: Polyethylene Terephthalate Film, Sheet, and Strip from the
United Arab Emirates, dated September 17, 2008, and the Memorandum to
Neal M. Halper, Director, Office of Accounting, Cost of Production and
Constructed Value Calculation Adjustments for the Final Determination -
Flex Middle East FZE, dated September 17, 2008.
Verification
As provided in section 782(i) of the Act, we verified the sales and
cost information submitted by Flex UAE for use in our final
determination. We also conducted a sales verification of Flex UAE's
U.S. affiliate Flex America. We used standard verification procedures
including an examination of relevant accounting and production records,
and original source documents provided by Flex UAE and Flex America.
See Memorandum to the File, Verification of the Sales Response of Flex
Middle East (FZE) in the Antidumping Investigation of Polyethylene
Terephthalate Film, Sheet and Strip (PET film) from the United Arab
Emirates (UAE), dated July 23, 2008; Memorandum to Neal M. Halper,
Director, Office of Accounting, Verification of the Cost of Production
and Constructed Value Data Submitted by Flex Middle East FZE in the
Antidumping Duty Investigation of Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from United Arab Emirates, dated July 8, 2008;
and Memorandum to the File, Verification of the Sales Response of Flex
America Inc. in the Antidumping Investigation of Polyethylene
Terephthalate Film, Sheet and Strip (PET Film) from the United Arab
Emirates (UAE), dated August 11, 2008.
All-Others Rate
Pursuant to section 735(c)(5)(A) of the Act, the all-others rate is
equal to the weighted average of the dumping margins of each respondent
investigated, excluding zero or de minimis margins and any margins
determined exclusively under section 776 of the Act. Flex UAE is the
only respondent in this investigation for which the Department has
calculated a rate. Therefore, for purposes of determining the all-
others rate and pursuant to section 735(c)(5)(A) of the Act, we are
using the rate calculated for Flex UAE as the all-others rate, as
referenced in the ``Final Determination Margins'' section below.
Final Determination Margins
We determine that the weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-Average
Producer/Exporter Margin
------------------------------------------------------------------------
Flex Middle East FZE................................ 4.80[percnt]
All Others.......................................... 4.80[percnt]
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed in reaching this final
determination within five days of the date of public announcement of
this determination to parties in this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct CBP
to continue to suspend liquidation of all entries of subject
merchandise from the UAE entered, or withdrawn from warehouse, for
consumption on or after May 5, 2008, the date of 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 dumping
margins, as indicated in the chart above, as follows: (1) the rate for
the firm listed above 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 4.80 percent. The
suspension of liquidation 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 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.
Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: September 17, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix - Issues in Decision Memorandum
Comment 1: Date of Sale/Credit Expenses for U.S. Channel 1 Sales
Comment 2: Calculation of Inventory Carrying Costs for U.S. Sales
Comment 3: Reclassification of Direct Sales Reported as Channel 3 Sales
Comment 4: Correction to Erroneous Calculation for a U.S. Credit
Expense
Comment 5: Treatment of Bank Charges Incurred on U.S. Sales
[[Page 55039]]
Comment 6: Unreported Cash Discounts for a U.S. Sale
Comment 7: Treatment of U.S. Sample Sales
Comment 8: Whether to Adjust Normal Value for Customs Clearance Fees
Incurred on Home Market Sales
Comment 9: Whether to Adjust Normal Value for Export Credit Insurance
Incurred on Home Market Sales
Comment 10: Whether to Include the Surrogate Cost for a Domestic
Product Sold but Not Produced During the POI
Comment 11: Corrections to Flex UAE's Reported Cost of Production
Comment 12: Targeted Dumping
[FR Doc. E8-22453 Filed 9-23-08; 8:45 am]
BILLING CODE 3510-DS-S
