Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from Thailand, 55043-55045 [E8-22472]
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices
Chemicals, Inc., Norwalk, Connecticut;
and Basell USA, Inc., Wilmington,
Delaware (Controlling Entity: Basell NV,
The Netherlands); and
3. Change the address of the current
Member from ‘‘JWC and Company LLC,
of Macungie, Pennsylvania’’ to ‘‘JWC
and Company, LLC, of Canton,
Michigan’’.
Dated: September 18, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–22494 Filed 9–23–08; 8:45 am]
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DEPARTMENT OF COMMERCE
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[C–570–923]
Raw Flexible Magnets From the
People’s Republic of China:
Countervailing Duty Order
Correction
In notice document E8–21719
beginning on page 53849 in the issue of
Wednesday, September 17, 2008 make
the following correction:
On page 53849, in the third column,
under EFFECTIVE DATE, ‘‘December 17,
2008’’ should read ‘‘September 17,
2008’’.
[FR Doc. Z8–21719 Filed 9–23–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–825]
Notice of Final Determination of Sales
at Less Than Fair Value: Polyethylene
Terephthalate Film, Sheet, and Strip
from Thailand
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 24, 2008.
SUMMARY: On May 5, 2008, the
Department of Commerce (the
Department) published its preliminary
determination in the investigation of
sales at less than fair value of
polyethylene terephthalate film, sheet,
and strip (PET Film) from Thailand. See
Notice of Preliminary Determination of
Sales at Not Less Than Fair Value:
Polyethylene Terephthalate Film, Sheet,
and Strip from Thailand, 73 FR 24565
(May 5, 2008) (Preliminary
Determination).
The Department has determined that
PET Film is being, or is likely to be, sold
in the United States at less than fair
value, as provided in section 735 of the
jlentini on PROD1PC65 with NOTICES
AGENCY:
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19:36 Sep 23, 2008
Jkt 214001
Tariff Act of 1930, as amended (the Act).
The final weighted–average dumping
margin is listed below in the section
entitled ‘‘Final Determination of
Investigation.’’
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Angelica Mendoza,
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) 482–0193 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The preliminary determination in this
investigation was published on May 5,
2008. See Preliminary Determination.
Since then, we conducted sales and cost
verifications of the responses submitted
by Polyplex Thailand Public Company
Limited and Polyplex Americas, Inc.
(collectively Polyplex). See Memoranda
to the File from Stephen Bailey, Case
Analyst, through Angelica L. Mendoza,
Program Manager, Office 7, titled
‘‘Verification of the Sales Responses of
Polyplex Thailand Public Company
Limited in the Antidumping
Investigation of Polyethylene
Terephthalate (PET) Film, Sheet, and
Strip from Thailand’’ dated July 23,
2008 (Polyplex Verification Report); and
‘‘Verification of the U.S. Sales
Responses of Polyplex Thailand Public
Company Limited and its U.S. Affiliate,
Polyplex (Americas), Inc., in the
Antidumping Investigation of
Polyethylene Terephthalate (PET) Film,
Sheet, and Strip from Thailand,’’ dated
July 23, 2008 (Polyplex Americas
Verification Report); see also
Memorandum to the File through Neal
M. Halper, from Angela Strom, titled
‘‘Verification of the Cost Response in
the Investigation of Polyethylene
Terephthalate (PET) Film, Sheet, and
Strip from Thailand,’’ dated July 15,
2008 (Polyplex Cost Verification
Report). All verification reports are on
file and available in the Central Records
Unit (CRU), Room 1117, of the main
Department of Commerce building.
Based on the Department’s findings at
verification, as well as the minor
corrections presented by Polyplex at the
start of the Thailand and U.S.
verifications, we requested that
respondent submit revised electronic
sales databases for both the U.S. and
comparison markets, and a revised cost
database. See Letter from Angelica L.
Mendoza, Program Manager, Office 7, to
Polyplex, dated July 28, 2008. As
requested, Polyplex submitted its
revised sales and cost databases on July
30, 2008. On July 31, 2008, Polyplex
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Sfmt 4703
55043
informed the Department that its July
30, 2008, revised U.S. sales database
contained a transcription error in the
reported returned and net quantity
fields relating to a sale that the
Department instructed Polyplex to
correct. See Letter from Angelica L.
Mendoza, Program Manager, Office 7, to
Polyplex, dated July 28, 2008, at
question 13 and Polyplex’s letter to the
Department dated July 31, 2008. The
error did not impact other data fields of
the sale in question and the Department
corrected the transcription error in the
U.S. margin program. See lines 2257
through 2259 of the Department’s
margin calculation program.
We have also determined that an
allegation of targeted dumping
submitted by DuPont Teijin Films,
Mitsubishi Polyester Film of America,
Inc., SKC, Inc. and Toray Plastics
(America), Inc. (collectively, petitioners)
on March 28, 2008, and supplemented
on April 17, 2008, and May 23, 2008,
was inadequate. See Memorandum from
Angelica L. Mendoza, Program Manager,
Office 7, to Richard O. Weible, Director,
Office 7, regarding ‘‘Analysis on
Targeting Dumping,’’ dated June 30,
2008 (Targeted Dumping Memo); see
also Targeted Dumping section below.
We received a case brief from
petitioners on August 11, 2008, and a
rebuttal brief from Polyplex on August
14, 2008.1 On August 26, 2008, we
rejected an argument, and part of an
argument, contained in Polyplex’s
rebuttal case brief because they
constituted new arguments and were
not a rebuttal of petitioners’ case brief.
See the Department’s August 26, 2008,
letter to Polyplex. On August 28, 2008,
we received Polyplex’s revised rebuttal
brief per our August 26, 2008, letter.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the ‘‘Issues and Decision
Memorandum for the Final
Determination of the Antidumping Duty
Investigation of Polyethylene
Terephthalate Film, Sheet, and Strip
(PET Film) from Thailand’’ (Decision
Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated September 17,
2008, which is hereby adopted by this
notice. A list of the issues which parties
have raised and to which we have
1 Polyplex submitted a letter to the Department on
August 11, 2008, in which it agreed with the
Department’s Preliminary Determination.
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55044
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices
responded, all of which are in the
Decision Memorandum, is attached to
this notice as an appendix. Parties can
find a complete discussion of all issues
raised in this investigation and the
corresponding recommendations in the
Decision Memorandum which is on file
in the CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Targeted Dumping
We determined that petitioners’
allegation of targeted dumping failed to
address the Department’s concerns
regarding the significance of price
differences between allegedly targeted
and non–targeted customers. Therefore,
petitioners’ allegation did not allow the
Department to determine whether
observed price differences between
allegedly targeted and non–targeted
customers were significant. We
concluded that for the final
determination, we should continue to
utilize the average–to-average
methodology in calculating the final
margins for Polyplex, which we are
doing for the reasons set forth in the
Decision 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
convenience and purposes of Customs
and Border Protection (CBP), our
written description of the scope of this
investigation is dispositive.
jlentini on PROD1PC65 with NOTICES
Period of Investigation
The period of investigation (POI) is
July 1, 2006, through June 30, 2007.
Verification
As provided in section 782(i) of the
Act, we verified the information
submitted by Polyplex for use in our
final determination. We used standard
verification procedures including
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19:36 Sep 23, 2008
Jkt 214001
examination of relevant accounting and
production records, and original source
documents provided by Polyplex.
Changes since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
both the sales and cost verifications, we
have made certain changes to the
margin calculation for Polyplex. With
regard to cost, we have revised the
amounts reported for direct materials,
labor and fixed overhead costs
associated with the production of PET
Film. We have also recalculated the
general and administrative (G&A)
expense rate using our adjusted cost of
sales figure as the denominator of the
rate calculation. See Memorandum to
the File from Angela Strom titled ‘‘Cost
of Production and Constructed Value
Calculation Adjustments for the Final
Determination Polyplex (Thailand)
Public Company Ltd. (‘‘Polyplex’’)’’
dated September 17, 2008 (Cost
Calculation Memorandum).
With regard to sales, the Department
determined that it is more appropriate
to use sales of identical non–prime
merchandise to certain U.S. customers
as the basis of the margin for sales to a
U.S. customer for whom we are
applying the special rule, because all
the transactions to that U.S. customer
were of the same merchandise.
Additionally, the Department has
adjusted the indirect selling expense
(ISE) ratio for Polyplex Thailand Public
Company Limited because there was
insufficient record evidence to support
Polyplex’s offset to ISE for storage of
non–subject merchandise. The
Department also adjusted the ISE ratio
for Polyplex Americas, Inc. (PA)
because expenses associated with one of
Polyplex’s product divisions, expenses
which Polyplex removed from PA’s ISE
ratio, properly belong in the ISE
expenses of PA as a whole. See Decision
Memorandum at Comments 4, 5 and 6.
For a discussion of these changes, see
Memorandum to the File from Stephen
Bailey, Case Analyst, through Angelica
L. Mendoza, Program Manager, Office 7,
titled ‘‘Analysis Memorandum for the
Final Determination of Administrative
Review of Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from
Thailand: Polyplex Thailand Public
Company Limited and Polyplex
Americas, Inc.,’’ dated September 17,
2008 (Sales Analysis Memorandum).
Final Determination of Investigation
We determine that the following
weighted–average dumping margin
exists for the company listed below for
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Fmt 4703
Sfmt 4703
the period July 1, 2006, through June 30,
2007:
Manufacturer or
Exporter
Polyplex ........................
All Others ......................
Weighted–Average
Margin
(Percentage)
6.07
6.07
Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, we will instruct CBP to suspend
liquidation of all entries of subject
merchandise from Thailand entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this final 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 Polyplex will be 6.07
percent; (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
6.07 percent. These suspension–ofliquidation 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
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24SEN1
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices
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 and 19 CFR
351.210(c).
Dated: September 17, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
Appendix
Issues
Comment 1: Whether Polyplex
Understated the Cost of Polymer Chips
for PET Film Production
Comment 2: Whether Polyplex
Understated Labor Costs associated with
PET Film Production
Comment 3: Whether Polyplex Correctly
Reported the Cost of Sales Denominator
for the General and Administrative
Expense Ratio
Comment 4: Whether Polyplex
Understated Warehousing Expenses and
Misclassified Warehousing Expenses as
Indirect Selling Expenses
Comment 5: Whether Polyplex
Understated the Indirect Selling
Expenses Incurred by Polyplex America,
Inc.
Comment 6: Whether the Department
Should Apply the Dumping Margin
Calculated on Sales of Identical
Merchandise to the Further
Manufactured Sales
Comment 7: Whether to Accept
Petitioners’ Targeted Dumping
Allegation
Comment 8: Clerical Error
[FR Doc. E8–22472 Filed 9–23–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Feedback Survey
for Annual Tsunami Warning
Communications Tests
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
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19:36 Sep 23, 2008
Jkt 214001
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before November 24,
2008.
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jeff Lorens, 801–524–4000
ext. 265 or Jeffrey.Lorens@noaa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
To assess the effectiveness of NOAA/
National Weather Service’s (NWS)
Tsunami Warning System, this survey is
needed to gather specific feedback
following testing of the associated NWS
communications systems. The tests are
planned annually, March/April and
September. Post-test feedback will be
requested from emergency managers,
the media, law enforcement officials,
local government agencies/officials, and
the general public. The responses will
be solicited for a limited period
immediately following completion of
the tests, not to exceed seven days. This
will be a Web-based survey and will
allow for efficient collection of
information regarding the effectiveness
of the Tsunami Warning System.
II. Method of Collection
A Web-based survey will be used for
electronic submission.
III. Data
OMB Number: 0648–0539.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Individuals or
households, Federal Government, and
State, local or tribal government.
Estimated Number of Respondents:
1,100.
Estimated Time per Response: 5
minutes.
Estimated Total Annual Burden
Hours: 92.
Estimated Total Annual Cost to
Public: $0.
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
PO 00000
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55045
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. E8–22413 Filed 9–23–08; 8:45 am]
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Endangered and Threatened Species;
Recovery Plans
National Marine Fisheries
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Atmospheric Administration,
Commerce.
ACTION: Notice of Availability; request
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AGENCY:
SUMMARY: The National Marine
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availability of the Proposed Middle
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Population Segment (DPS), which
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Please send written
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[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Notices]
[Pages 55043-55045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22472]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-825]
Notice of Final Determination of Sales at Less Than Fair Value:
Polyethylene Terephthalate Film, Sheet, and Strip from Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 24, 2008.
SUMMARY: On May 5, 2008, the Department of Commerce (the Department)
published its preliminary determination in the investigation of sales
at less than fair value of polyethylene terephthalate film, sheet, and
strip (PET Film) from Thailand. See Notice of Preliminary Determination
of Sales at Not Less Than Fair Value: Polyethylene Terephthalate Film,
Sheet, and Strip from Thailand, 73 FR 24565 (May 5, 2008) (Preliminary
Determination).
The Department has determined that PET Film is being, or is 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 weighted-average dumping margin is listed below in the section
entitled ``Final Determination of Investigation.''
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza,
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-
0193 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The preliminary determination in this investigation was published
on May 5, 2008. See Preliminary Determination. Since then, we conducted
sales and cost verifications of the responses submitted by Polyplex
Thailand Public Company Limited and Polyplex Americas, Inc.
(collectively Polyplex). See Memoranda to the File from Stephen Bailey,
Case Analyst, through Angelica L. Mendoza, Program Manager, Office 7,
titled ``Verification of the Sales Responses of Polyplex Thailand
Public Company Limited in the Antidumping Investigation of Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from Thailand'' dated July
23, 2008 (Polyplex Verification Report); and ``Verification of the U.S.
Sales Responses of Polyplex Thailand Public Company Limited and its
U.S. Affiliate, Polyplex (Americas), Inc., in the Antidumping
Investigation of Polyethylene Terephthalate (PET) Film, Sheet, and
Strip from Thailand,'' dated July 23, 2008 (Polyplex Americas
Verification Report); see also Memorandum to the File through Neal M.
Halper, from Angela Strom, titled ``Verification of the Cost Response
in the Investigation of Polyethylene Terephthalate (PET) Film, Sheet,
and Strip from Thailand,'' dated July 15, 2008 (Polyplex Cost
Verification Report). All verification reports are on file and
available in the Central Records Unit (CRU), Room 1117, of the main
Department of Commerce building.
Based on the Department's findings at verification, as well as the
minor corrections presented by Polyplex at the start of the Thailand
and U.S. verifications, we requested that respondent submit revised
electronic sales databases for both the U.S. and comparison markets,
and a revised cost database. See Letter from Angelica L. Mendoza,
Program Manager, Office 7, to Polyplex, dated July 28, 2008. As
requested, Polyplex submitted its revised sales and cost databases on
July 30, 2008. On July 31, 2008, Polyplex informed the Department that
its July 30, 2008, revised U.S. sales database contained a
transcription error in the reported returned and net quantity fields
relating to a sale that the Department instructed Polyplex to correct.
See Letter from Angelica L. Mendoza, Program Manager, Office 7, to
Polyplex, dated July 28, 2008, at question 13 and Polyplex's letter to
the Department dated July 31, 2008. The error did not impact other data
fields of the sale in question and the Department corrected the
transcription error in the U.S. margin program. See lines 2257 through
2259 of the Department's margin calculation program.
We have also determined that an allegation of targeted dumping
submitted by DuPont Teijin Films, Mitsubishi Polyester Film of America,
Inc., SKC, Inc. and Toray Plastics (America), Inc. (collectively,
petitioners) on March 28, 2008, and supplemented on April 17, 2008, and
May 23, 2008, was inadequate. See Memorandum from Angelica L. Mendoza,
Program Manager, Office 7, to Richard O. Weible, Director, Office 7,
regarding ``Analysis on Targeting Dumping,'' dated June 30, 2008
(Targeted Dumping Memo); see also Targeted Dumping section below.
We received a case brief from petitioners on August 11, 2008, and a
rebuttal brief from Polyplex on August 14, 2008.\1\ On August 26, 2008,
we rejected an argument, and part of an argument, contained in
Polyplex's rebuttal case brief because they constituted new arguments
and were not a rebuttal of petitioners' case brief. See the
Department's August 26, 2008, letter to Polyplex. On August 28, 2008,
we received Polyplex's revised rebuttal brief per our August 26, 2008,
letter.
---------------------------------------------------------------------------
\1\ Polyplex submitted a letter to the Department on August 11,
2008, in which it agreed with the Department's Preliminary
Determination.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Final Determination of the Antidumping Duty
Investigation of Polyethylene Terephthalate Film, Sheet, and Strip (PET
Film) from Thailand'' (Decision Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated September
17, 2008, which is hereby adopted by this notice. A list of the issues
which parties have raised and to which we have
[[Page 55044]]
responded, all of which are in the Decision Memorandum, is attached to
this notice as an appendix. Parties can find a complete discussion of
all issues raised in this investigation and the corresponding
recommendations in the Decision Memorandum which is on file in the CRU.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at https://ia.ita.doc.gov/. The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Targeted Dumping
We determined that petitioners' allegation of targeted dumping
failed to address the Department's concerns regarding the significance
of price differences between allegedly targeted and non-targeted
customers. Therefore, petitioners' allegation did not allow the
Department to determine whether observed price differences between
allegedly targeted and non-targeted customers were significant. We
concluded that for the final determination, we should continue to
utilize the average-to-average methodology in calculating the final
margins for Polyplex, which we are doing for the reasons set forth in
the Decision 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 convenience and purposes of Customs and Border Protection
(CBP), our written description of the scope of this investigation is
dispositive.
Period of Investigation
The period of investigation (POI) is July 1, 2006, through June 30,
2007.
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by Polyplex for use in our final determination.
We used standard verification procedures including examination of
relevant accounting and production records, and original source
documents provided by Polyplex.
Changes since the Preliminary Determination
Based on our analysis of the comments received and our findings at
both the sales and cost verifications, we have made certain changes to
the margin calculation for Polyplex. With regard to cost, we have
revised the amounts reported for direct materials, labor and fixed
overhead costs associated with the production of PET Film. We have also
recalculated the general and administrative (G&A) expense rate using
our adjusted cost of sales figure as the denominator of the rate
calculation. See Memorandum to the File from Angela Strom titled ``Cost
of Production and Constructed Value Calculation Adjustments for the
Final Determination Polyplex (Thailand) Public Company Ltd.
(``Polyplex'')'' dated September 17, 2008 (Cost Calculation
Memorandum).
With regard to sales, the Department determined that it is more
appropriate to use sales of identical non-prime merchandise to certain
U.S. customers as the basis of the margin for sales to a U.S. customer
for whom we are applying the special rule, because all the transactions
to that U.S. customer were of the same merchandise. Additionally, the
Department has adjusted the indirect selling expense (ISE) ratio for
Polyplex Thailand Public Company Limited because there was insufficient
record evidence to support Polyplex's offset to ISE for storage of non-
subject merchandise. The Department also adjusted the ISE ratio for
Polyplex Americas, Inc. (PA) because expenses associated with one of
Polyplex's product divisions, expenses which Polyplex removed from PA's
ISE ratio, properly belong in the ISE expenses of PA as a whole. See
Decision Memorandum at Comments 4, 5 and 6. For a discussion of these
changes, see Memorandum to the File from Stephen Bailey, Case Analyst,
through Angelica L. Mendoza, Program Manager, Office 7, titled
``Analysis Memorandum for the Final Determination of Administrative
Review of Polyethylene Terephthalate Film, Sheet, and Strip (PET Film)
from Thailand: Polyplex Thailand Public Company Limited and Polyplex
Americas, Inc.,'' dated September 17, 2008 (Sales Analysis Memorandum).
Final Determination of Investigation
We determine that the following weighted-average dumping margin
exists for the company listed below for the period July 1, 2006,
through June 30, 2007:
------------------------------------------------------------------------
Weighted-Average
Manufacturer or Exporter Margin
(Percentage)
------------------------------------------------------------------------
Polyplex............................................ 6.07
All Others.......................................... 6.07
------------------------------------------------------------------------
Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct CBP
to suspend liquidation of all entries of subject merchandise from
Thailand entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this final 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 Polyplex will be 6.07 percent; (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 6.07 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
[[Page 55045]]
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 and 19 CFR 351.210(c).
Dated: September 17, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix
Issues
Comment 1: Whether Polyplex Understated the Cost of Polymer Chips for
PET Film Production
Comment 2: Whether Polyplex Understated Labor Costs associated with PET
Film Production
Comment 3: Whether Polyplex Correctly Reported the Cost of Sales
Denominator for the General and Administrative Expense Ratio
Comment 4: Whether Polyplex Understated Warehousing Expenses and
Misclassified Warehousing Expenses as Indirect Selling Expenses
Comment 5: Whether Polyplex Understated the Indirect Selling Expenses
Incurred by Polyplex America, Inc.
Comment 6: Whether the Department Should Apply the Dumping Margin
Calculated on Sales of Identical Merchandise to the Further
Manufactured Sales
Comment 7: Whether to Accept Petitioners' Targeted Dumping Allegation
Comment 8: Clerical Error
[FR Doc. E8-22472 Filed 9-23-08; 8:45 am]
BILLING CODE 3510-DS-S