Polyethylene Terephthalate Film, Sheet, and Strip from Thailand: Amended Final Determination of Sales at Less Than Fair Value, 64912-64913 [E8-26035]

Download as PDF 64912 Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices 4040–0007, 4040–0008, 4040–0009, and 0348–0046, respectively. The use of Form CD–346 has been approved under OMB control number 0605–0001. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless the collection of information displays a currently valid OMB control number. Executive Order 12866 This notice has been determined to be not significant for purposes of Executive Order 12866, ‘‘Regulatory Planning and Review.’’ Executive Order 13132 It has been determined that this notice does not contain ‘‘policies that have Federalism implications,’’ as that phrase is defined in Executive Order 13132, ‘‘Federalism.’’ Administrative Procedure Act/ Regulatory Flexibility Act Prior notice and an opportunity for public comments are not required by the Administrative Procedure Act or any other law for rules concerning grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and none has been prepared. Dated: October 27, 2008. Otto Barry Bird, Chief Counsel, Economic Development Administration. [FR Doc. E8–26029 Filed 10–30–08; 8:45 am] BILLING CODE 3510–24–P DEPARTMENT OF COMMERCE Bureau of Industry and Security ebenthall on PROD1PC60 with NOTICES Materials Technical Advisory Committee; Notice of Partially Closed Meeting The Materials Technical Advisory Committee will meet on August 14, 2008, 10 a.m., Herbert C. Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials and related technology. VerDate Aug<31>2005 15:31 Oct 30, 2008 Jkt 217001 Agenda DEPARTMENT OF COMMERCE Open Session 1. Opening Remarks and Introduction. 2. Update on recent proposed License Exception Intra-Company Transfer rule published October 3, 2008 and October 27, 2008, public meeting. 3. Report on Inaugural ETRAC (Emerging Technologies and Research Technical Advisory Committee). 4. Recap of Update 2008 and reminder of Mandatory use of SNAP–R for license submittal. 5. Report of Composite Working group and ECCN review subgroup. 6. Public comments from teleconference and physical attendees. 7. Election of new MTAC Chairman and any other business. International Trade Administration Closed Session 8. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first served basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than November 13, 2008. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. Written statements may be submitted at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the materials should be forwarded prior to the meeting to Ms. Springer via e-mail. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on July 17, 2008, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended, that the portion of the meeting dealing with matters the premature disclosure of which would likely frustrate the implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: October 27, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8–26062 Filed 10–30–08; 8:45 am] BILLING CODE 3510–JT–P PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 [A–549–825] Polyethylene Terephthalate Film, Sheet, and Strip from Thailand: Amended Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 31, 2008. FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce (the Department), 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0193 or (202) 482–3019, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Amendment to the Final Determination In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (the Act), on September 17, 2008, the Department made a final determination of sales at less than fair value (LTFV) in the investigation of polyethylene terephthalate film, sheet, and strip (PET Film) from Thailand. The final determination was subsequently released to all parties in the proceeding, and published in the Federal Register on September 24, 2008. See Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip from Thailand, 73 FR 55043 (September 24, 2008) (Final Determination). On September 25, 2008, and pursuant to 19 CFR 351.224(c)(2), we received a timely–filed allegation from respondent Polyplex Thailand Public Company Limited and its U.S. affiliate Polyplex Americas, Ltd. (collectively, Polyplex), that the Department made ministerial errors with respect to its final dumping margin calculation. See Letter from Polyplex to the Department, regarding ‘‘Ministerial Error Comments,’’ dated September 25, 2008. On September 30, 2008, we received comments from Petitioners1 regarding the ministerial errors alleged by Polyplex. See Letter from Petitioners to the Department, regarding the ministerial errors alleged by Polyplex, dated September 30, 2008. After analyzing the respondent’s ministerial error comments and considering Petitioners’ comments 1 DuPont Teijin Films, Mitsubishi Polyester Film of America, Inc., SKC, Inc. and Toray Plastics (America), Inc. (collectively, Petitioners). E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices thereof, we have determined, in accordance with 19 CFR 351.224(e), that we made certain ministerial errors with respect to our final dumping margin calculation for Polyplex and have revised our margin calculation accordingly. Specifically, the Department inadvertently did not convert domestic inventory carrying cost (DINVCARU) into U.S. dollars after re–calculating this expense for the Final Determination to account for certain changes to Polyplex’s reported costs. See Final Determination, 73 FR at 55044. The Department has revised its calculation of DINVCARU to convert this expense into U.S. dollars as intended. Additionally, the Department inadvertently failed to account for certain income accounts reported in Polyplex Americas, Ltd.’s Saracote division when calculating the U.S. indirect selling expense (ISE) ratio. See ‘‘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, at Comment 5. For this amended final determination, the Department has revised its calculation of the U.S. ISE ratio to account for certain income expenses recorded by the Saracote division of Polyplex Americas, Ltd. as intended. Finally, the Department inadvertently failed to include bad debt expenses in its calculation of the U.S. ISE ratio for Polyplex. See Decision Memorandum at Comment 5. For a detailed discussion of the ministerial errors alleged by Polyplex as well as the Department’s analysis, see Memorandum from the Team to Richard O. Weible, entitled, ‘‘Ministerial Error Allegation in the Final Determination of the Antidumping Duty Investigation of Polyethylene Terephthalate Film, Sheet, and Strip from Thailand,’’ dated October 24, 2008. Correcting these errors results in a revised margin of 5.36 percent for Polyplex as indicated in the ‘‘Amended Cash Deposits’’ section below. Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of ebenthall on PROD1PC60 with NOTICES BILLING CODE 3510–DS–S VerDate Aug<31>2005 16:37 Oct 30, 2008 Jkt 217001 Section 735(c)(5)(A) of the Act provides that the estimated all–others rate shall be an amount equal to the weighted–average of the estimated weighted–average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins and any margins determined entirely under section 776 of the Act. For this amended final determination, we have calculated an amended margin for Polyplex that is above de minimis and will use this rate as the all–others rate as no other producer was investigated. Therefore, for purposes of determining the all–others rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the amended weighted–average dumping margin calculated for Polyplex of 5.36 percent. Amended Cash Deposits The revised weighted–average dumping margins are as follows: 6.07 6.07 5.36 5.36 DEPARTMENT OF COMMERCE International Trade Administration Dated: October 24, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–26035 Filed 10–30–08; 8:45 am] All–Others Rate Amended Final Weighted–Average Percentage Polyplex ......................................................................................................... All–Others ...................................................................................................... In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of polyethylene terephthalate film, sheet, and strip from Thailand. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. These instructions suspending liquidation will remain in effect until further notice. This amended determination is issued and published pursuant to section 735(e) and 777(i)(1) of the Act. polyethylene terephthalate film, sheet, and strip from Thailand for Polyplex. Final Determination WeightedAverage Margin Percentage Manufacturer/Exporter Continuation of Suspension of Liquidation 64913 [A–552–801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Extension of Time Limit for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 31, 2008. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2312. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2008, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 (‘‘Vietnam’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (‘‘Sunset’’) Review, 73 FR 37411 (July 1, 2008). Based on an adequate response from the domestic interested party and an inadequate response from the respondent interested party, the Department is conducting an expedited sunset review to determine whether revocation of the antidumping order would lead to the continuation or recurrence of dumping, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations. See Letters to the International Trade Commission regarding the Sunset Reviews of the AD/ CVD Orders Initiated in July 2007, dated July 22, 2008, and August 20, 2008. Extension of Time Limits for Final Results In accordance with section 751(c)(5)(B) of the Act, the Department may extend the 120-day time period for making its determination by not more than 90 days, if it determines that a review is extraordinarily complicated. As set forth in section 751(c)(5)(C)(i) of E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64912-64913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26035]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-825]


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

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

EFFECTIVE DATE: October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce (the Department), 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0193 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Amendment to the Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on September 17, 2008, the Department 
made a final determination of sales at less than fair value (LTFV) in 
the investigation of polyethylene terephthalate film, sheet, and strip 
(PET Film) from Thailand. The final determination was subsequently 
released to all parties in the proceeding, and published in the Federal 
Register on September 24, 2008. See Notice of Final Determination of 
Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, 
and Strip from Thailand, 73 FR 55043 (September 24, 2008) (Final 
Determination).
    On September 25, 2008, and pursuant to 19 CFR 351.224(c)(2), we 
received a timely-filed allegation from respondent Polyplex Thailand 
Public Company Limited and its U.S. affiliate Polyplex Americas, Ltd. 
(collectively, Polyplex), that the Department made ministerial errors 
with respect to its final dumping margin calculation. See Letter from 
Polyplex to the Department, regarding ``Ministerial Error Comments,'' 
dated September 25, 2008. On September 30, 2008, we received comments 
from Petitioners\1\ regarding the ministerial errors alleged by 
Polyplex. See Letter from Petitioners to the Department, regarding the 
ministerial errors alleged by Polyplex, dated September 30, 2008.
---------------------------------------------------------------------------

    \1\ DuPont Teijin Films, Mitsubishi Polyester Film of America, 
Inc., SKC, Inc. and Toray Plastics (America), Inc. (collectively, 
Petitioners).
---------------------------------------------------------------------------

    After analyzing the respondent's ministerial error comments and 
considering Petitioners' comments

[[Page 64913]]

thereof, we have determined, in accordance with 19 CFR 351.224(e), that 
we made certain ministerial errors with respect to our final dumping 
margin calculation for Polyplex and have revised our margin calculation 
accordingly. Specifically, the Department inadvertently did not convert 
domestic inventory carrying cost (DINVCARU) into U.S. dollars after re-
calculating this expense for the Final Determination to account for 
certain changes to Polyplex's reported costs. See Final Determination, 
73 FR at 55044. The Department has revised its calculation of DINVCARU 
to convert this expense into U.S. dollars as intended. Additionally, 
the Department inadvertently failed to account for certain income 
accounts reported in Polyplex Americas, Ltd.'s Saracote division when 
calculating the U.S. indirect selling expense (ISE) ratio. See ``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, at Comment 5. For this amended final determination, 
the Department has revised its calculation of the U.S. ISE ratio to 
account for certain income expenses recorded by the Saracote division 
of Polyplex Americas, Ltd. as intended. Finally, the Department 
inadvertently failed to include bad debt expenses in its calculation of 
the U.S. ISE ratio for Polyplex. See Decision Memorandum at Comment 5. 
For a detailed discussion of the ministerial errors alleged by Polyplex 
as well as the Department's analysis, see Memorandum from the Team to 
Richard O. Weible, entitled, ``Ministerial Error Allegation in the 
Final Determination of the Antidumping Duty Investigation of 
Polyethylene Terephthalate Film, Sheet, and Strip from Thailand,'' 
dated October 24, 2008. Correcting these errors results in a revised 
margin of 5.36 percent for Polyplex as indicated in the ``Amended Cash 
Deposits'' section below.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of polyethylene terephthalate film, sheet, and strip from 
Thailand for Polyplex.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins and any margins determined entirely under section 776 
of the Act. For this amended final determination, we have calculated an 
amended margin for Polyplex that is above de minimis and will use this 
rate as the all-others rate as no other producer was investigated.
    Therefore, for purposes of determining the all-others rate, and 
pursuant to section 735(c)(5)(A) of the Act, we are using the amended 
weighted-average dumping margin calculated for Polyplex of 5.36 
percent.

Amended Cash Deposits

    The revised weighted-average dumping margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                  Final Determination Weighted-  Amended Final Weighted-Average
              Manufacturer/Exporter                 Average Margin Percentage              Percentage
----------------------------------------------------------------------------------------------------------------
Polyplex........................................                          6.07                              5.36
All-Others......................................                          6.07                              5.36
----------------------------------------------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of polyethylene terephthalate film, 
sheet, and strip from Thailand. CBP shall require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as indicated in the chart above. These instructions suspending 
liquidation will remain in effect until further notice.
    This amended determination is issued and published pursuant to 
section 735(e) and 777(i)(1) of the Act.

    Dated: October 24, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-26035 Filed 10-30-08; 8:45 am]
BILLING CODE 3510-DS-S