Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, the People's Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 66595-66597 [E8-26802]
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
Folding Metal Tables and Chairs from
the People’s Republic of China:
Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 10, 2008.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–6412.
SUPPLEMENTARY INFORMATION:
financial statements. We find that
additional time is needed to complete
these final results. Therefore, in
accordance with section 751(a)(3)(A) of
the Act, the Department is extending the
time period for completion of the final
results of this review, which is currently
due on November 11, 2008, by 30 days
to 150 days after the date on which the
preliminary results was published.
Therefore, the final results are now due
no later than December 11, 2008.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
Dated: November 4, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–26732 Filed 11–7–08; 8:45 am]
Background
International Trade Administration
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–868)
AGENCY:
On July 26, 2007, the Department of
Commerce (‘‘Department’’) published
the initiation of the administrative
review of the antidumping duty order
on folding metal tables and chairs from
the People’s Republic of China (‘‘PRC’’).
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 41057 (July 26, 2007). On
July 14, 2008, the Department published
the preliminary results of review. See
Folding Metal Tables and Chairs from
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and Intent
to Revoke in Part, 73 FR 40285 (July 14,
2008). This review covers the period
June 1, 2006, through May 31, 2007.
jlentini on PROD1PC65 with NOTICES
Extension of Time Limit for Final
Results of Review
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘Act’’),
the Department shall make a final
determination in an administrative
review of an antidumping duty order
within 120 days after the date on which
the preliminary results is published.
The Act further provides, however, that
the Department may extend that 120–
day period to 180 days after the
preliminary results if it determines it is
not practicable to complete the review
within the foregoing time period.
The Department finds that it is not
practicable to complete the final results
of the administrative review of folding
metal tables and chairs from the PRC
within the 120–day time limit due to
complex issues the parties have raised
related to revocation and surrogate
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BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
[A–351–841, A–570–924, A–520–803]
Polyethylene Terephthalate Film,
Sheet, and Strip From Brazil, the
People’s Republic of China and the
United Arab Emirates: Antidumping
Duty Orders and Amended Final
Determination of Sales at Less Than
Fair Value for the United Arab Emirates
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing antidumping
duty orders on polyethylene
terephthalate film, sheet, and strip (PET
Film) from Brazil, the People’s Republic
of China (PRC), and the United Arab
Emirates (UAE). On October 31, 2008,
the ITC notified the Department of its
determination that the U.S. industry is
threatened with material injury. See
PET Film from Brazil, the PRC, and the
UAE (Investigation Nos. 731–TA–1131–
1134 (Final), USITC Publication 4040,
October 2008). In addition, the
Department is amending the final
dumping margins for the UAE.
DATES: Effective Date: November 10,
2008.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Mike Heaney (Brazil), Scot Fullerton
(PRC), or Douglas Kirby (UAE), Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
PO 00000
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66595
telephone: (202) 482–4475, (202) 482–
1386, or (202) 482–3782, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2008, the
Department published its final
determinations of sales at less than fair
value in the antidumping duty
investigations of PET Film from Brazil,
the PRC, and the UAE. See Notice of
Final Determination of Sales at Less
Than Fair Value: Polyethylene
Terephthalate Film, Sheet, and Strip
from Brazil, 73 FR 55035 (September 24,
2008); Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value, 73 FR
55039 (September 24, 2008); and
Polyethylene Terephthalate Film, Sheet,
and Strip from the United Arab
Emirates: Final Determination of Sales
at Less Than Fair Value, 73 FR 55036
(September 24, 2008) (UAE Final
Determination).
Also, on September 24, 2008, Flex
Middle East FZE (Flex UAE),
respondent in the UAE investigation,
timely alleged ministerial errors in the
UAE Final Determination. See
‘‘Amendment to the UAE Final
Determination’’ section below.
On October 31, 2008, the ITC notified
the Department of its final
determination pursuant to section
735(b)(1)(A)(ii) of the Tariff Act of 1930,
as amended (the Act), that an industry
in the United States is threatened with
material injury by reason of less than
fair value imports of subject
merchandise from Brazil, the PRC, and
the UAE. See letter from the ITC to the
Secretary of Commerce, ‘‘Notification of
Final Affirmative Determination of
Polyethylene Terephthalate Film, Sheet,
and Strip (PET Film) from Brazil, the
People’s Republic of China (PRC), and
the United Arab Emirates (UAE)
(Investigation Nos. 701–TA–452, 731–
TA–1129, 731–TA–1130),’’ dated
October 31, 2008. Pursuant to section
736(a) of the Act, the Department is
publishing antidumping duty orders on
the subject merchandise.
Scope of the Orders
The products covered by each of these
orders 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
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
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 these
orders is dispositive.
Amendment to the UAE Final
Determination
As noted above, on September 24,
2008, Flex UAE, the sole respondent in
the UAE investigation, timely alleged
ministerial errors in the UAE Final
Determination. After examining Flex
UAE’s allegations, the Department
determined that there were two
ministerial errors. The Department’s
consideration of Flex UAE’s allegations
and correction of the ministerial errors
are presented in the Memorandum to
Barbara E. Tillman, Director, AD/CVD
Operations, Office 6: ‘‘Ministerial Error
Allegations—Final Determination of
Sales at Less Than Fair Value of
Polyethylene Terephthalate Film, Sheet
and Strip (PET Film) from the United
Arab Emirates: Flex Middle East FZE
(Flex UAE),’’ dated October 14, 2008,
available in the public file in the Central
Records Unit (CRU), Room 117, of the
Main Commerce Building.
As a result of correcting for these
ministerial errors, we are amending the
UAE Final Determination with respect
to Flex UAE. The amended weightedaverage dumping margin for Flex UAE
has changed from 4.80 percent to 4.05
percent. As Flex UAE’s margin was the
basis for the all others rate, we are also
amending the all others rate to 4.05
percent.
Antidumping Duty Orders
On October 31, 2008, in accordance
with section 735(d) of the Act, the ITC
notified the Department of its final
determination that the industry in the
United States producing PET Film is
threatened with material injury within
the meaning of section 735(b)(1)(A)(ii)
of the Act by reason of imports of
subject merchandise at less than fair
value from Brazil, the PRC, and the
UAE. In accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
information from the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or the constructed export price) of the
merchandise for all relevant entries of
PET Film from Brazil, the PRC, and the
UAE.
Pursuant to section 736(b)(2) of the
Act, duties shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
notice of final determination if that
determination is based on the threat of
material injury, other than threat of
material injury described in section
736(b)(1) of the Act. Section 736(b)(1)
states that ‘‘{i}f the Commission, in its
final determination under section
735(b), finds material injury or threat of
material injury which, but for the
suspension of liquidation under section
733(d)(2) would have led to a finding of
material injury, then entries of the
subject merchandise, the liquidation of
which has been suspended under
section 733(d)(2), shall be subject to the
imposition of antidumping duties under
section 731.’’ In addition, section
736(b)(2) of the Act requires CBP to
release any bond or other security, and
refund any cash deposit made of
estimated antidumping duties posted
since the Department’s preliminary
antidumping duty determinations.
Because the ITC’s final determinations
in these cases is based on the threat of
material injury and is not accompanied
by a finding that injury would have
resulted, but for the imposition of
suspension of liquidation of entries
since the Department’s preliminary
determinations, section 736(b)(2) of the
Act is applicable. Therefore, the
Department will direct CBP to assess,
upon further information from the
Department, antidumping duties on all
unliquidated shipments of PET Film
from Brazil, the PRC, and the UAE
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the ITC’s notice of final
determination of threat of material
injury in the Federal Register .
Cash Deposit Requirements
Effective on the date of publication of
the ITC’s notice of final determination
in the Federal Register , CBP will
require, at the same time as importers
would deposit estimated normal
customs duties on this merchandise,
cash deposits for the subject
merchandise equal to the estimated
weighted-average antidumping margins
listed below. See section 736(a)(3) of the
Act. The all others rates or PRC-wide
rate, as applicable, apply to all
producers or exporters not specifically
listed.
BRAZIL
Manufacturer/exporter
Terphane Inc. .......................
All Others ..............................
Weighted-average margin
(percent)
44.36
28.72
THE PEOPLE’S REPUBLIC OF CHINA
Weighted-average margin
(percent)
Producer
DuPont Teijin Films China Ltd. ..................................................
DuPont Teijin Films China Ltd. ..................................................
Fuwei Films (Shandong) Co., Ltd. .............................................
Shaoxing Xiangyu Green Packing Co., Ltd ...............................
Sichuan Dongfang Insulating Material Co., Ltd .........................
Tianjin Wanhua Co., Ltd. ............................................................
Shanghai Uchem Co., Ltd. .........................................................
Shanghai Uchem Co., Ltd. .........................................................
PRC-wide Entity (including Jiangyin Jinzhongda New Material
Co., Ltd.).
jlentini on PROD1PC65 with NOTICES
Exporter
DuPont Hongji Films Foshan Co. Ltd. .......................................
DuPont Teijin Hongji Films Ningbo Co., Ltd. .............................
Fuwei Films (Shandong) Co., Ltd. .............................................
Shaoxing Xiangyu Green Packing Co., Ltd ...............................
Sichuan Dongfang Insulating Material Co. Ltd ..........................
Tianjin Wanhua Co., Ltd. ............................................................
Sichuam Dongfang Insulating Material Co., Ltd ........................
Shanghai Xishu Electric Material Co., Ltd .................................
.....................................................................................................
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3.49
3.49
3.49
3.49
3.49
3.49
3.49
3.49
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
Weighted-average margin
(percent)
Flex Middle East FZE ...........
All others ...............................
4.05
4.05
Termination of Suspension of
Liquidation
The Department will also instruct
CBP to terminate the suspension of
liquidation for entries of PET Film from
Brazil, the PRC, and the UAE entered,
or withdrawn from warehouse, for
consumption prior to the publication of
the ITC’s notice of final determination,
and refund any cash deposits made and
release any bonds posted between the
publication of the Department’s
preliminary determinations on May 5,
2008, and the publication of the ITC’s
final determinations in the Federal
Register.
This notice constitutes the
antidumping duty orders with respect to
PET Film from Brazil, the PRC, and the
UAE, pursuant to section 736(a) of the
Act. Interested parties may contact the
Department’s CRU, Room 1117 of the
Main Commerce Building, for copies of
an updated list of antidumping duty
orders currently in effect.
These orders and amended
determination are issued and published
in accordance with sections 736(a),
735(e), and 777(i)(1) of the Act and 19
CFR 351.211(b).
Dated: November 5, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–26802 Filed 11–6–08; 11:15 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Marine Protected Areas Federal
Advisory Committee; Public Meeting
National Ocean Service,
NOAA, Department of Commerce.
ACTION: Notice of open meeting.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given of a
meeting of the Marine Protected Areas
Federal Advisory Committee
(Committee) in Monterey, California.
DATES: The meeting will be held
Tuesday, November 18, 2008, from 8:30
a.m. to 5 p.m., Wednesday, November
19, from 8:30 a.m. to 5 p.m., and
Thursday, November 20, from 8:30 a.m.
to 12:30 p.m. These times and the
VerDate Aug<31>2005
17:07 Nov 07, 2008
Jkt 217001
agenda topics described below are
subject to change. Refer to the Web page
listed below for the most up-to-date
meeting agenda.
DEPARTMENT OF COMMERCE
ADDRESSES:
The meeting will be held at
the Monterey Bay Plaza Hotel, 400
Cannery Row, Monterey, California.
RIN 0648–XJ24
FOR FURTHER INFORMATION CONTACT:
THE UNITED ARAB EMIRATES
Manufacturer/exporter
66597
Small Takes of Marine Mammals
Incidental to Specified Activities; LowEnergy Marine Geophysical Survey in
the Santa Barbara Channel, November
2008
Lauren Wenzel, Designated Federal
Officer, MPA FAC, National Marine
Protected Areas Center, 1305 East West
Highway, Silver Spring, Maryland
20910. (Phone: 301–713–3100 x136,
Fax: 301–713–3110); e-mail:
lauren.wenzel@noaa.gov; or visit the
National MPA Center Web site at
https://www.mpa.gov).
The
Committee, composed of external,
knowledgeable representatives of
stakeholder groups, was established by
the Department of Commerce (DOC) to
provide advice to the Secretaries of
Commerce and the Interior on
implementation of Section 4 of
Executive Order 13158 on MPAs. The
meeting will be open to public
participation from 4:15 p.m. to 5 p.m.
on Tuesday, November 18, 2008, and
from 8:35 a.m. to 9:30 a.m. on Thursday,
November 20, 2008. In general, each
individual or group will be limited to a
total time of five (5) minutes. If
members of the public wish to submit
written statements, they should be
submitted to the Designated Federal
Official by November 14, 2008.
Matters to be Considered: The
Committee will hear a panel
presentation and discussion on ocean
observations and marine protected
areas, and will consider draft reports
and recommendations from the
Scientific and Technical Subcommittee
and the Review and Evaluation
Subcommittee. It will also hold
elections for the position of chair and
vice chair, and will hear presentations
on the development of the national
system of marine protected areas,
including the nomination and gap
analysis processes. Committee members
and the public are also invited to attend
a ceremony to mark the launch of the
national system of marine protected
areas. The Agenda is subject to change,
and the latest version will be posted at
https://www.mpa.gov.
SUPPLEMENTARY INFORMATION:
Dated: November 4, 2008.
Christopher C. Cartwright,
CFO/CAO, NOAA’s National Ocean Service.
[FR Doc. E8–26811 Filed 11–7–08; 8:45 am]
BILLING CODE 3510–08–P
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National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
take authorization.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to the Scripps Institute of
Oceanography (SIO), for the take of
marine mammals, by Level B
harassment only, incidental to
conducting a marine seismic survey in
the Santa Barbara Channel, California,
during November 2008.
DATES: Effective November 1, 2008,
through November 31, 2008.
ADDRESSES: A copy of the IHA and the
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225 or by telephoning the
contact listed here. A copy of the
application containing a list of the
references used in this document may
be obtained by writing to the address
specified above, telephoning the contact
listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the
internet at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly or Howard Goldstein, Office
of Protected Resources, NMFS, (301)
713–2289.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of marine mammals
by U.S. citizens who engage in a
specified activity (other than
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]]>Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Notices]
[Pages 66595-66597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26802]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-841, A-570-924, A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil,
the People's Republic of China and the United Arab Emirates:
Antidumping Duty Orders and Amended Final Determination of Sales at
Less Than Fair Value for the United Arab Emirates
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing antidumping duty orders on polyethylene
terephthalate film, sheet, and strip (PET Film) from Brazil, the
People's Republic of China (PRC), and the United Arab Emirates (UAE).
On October 31, 2008, the ITC notified the Department of its
determination that the U.S. industry is threatened with material
injury. See PET Film from Brazil, the PRC, and the UAE (Investigation
Nos. 731-TA-1131-1134 (Final), USITC Publication 4040, October 2008).
In addition, the Department is amending the final dumping margins for
the UAE.
DATES: Effective Date: November 10, 2008.
FOR FURTHER INFORMATION CONTACT: Mike Heaney (Brazil), Scot Fullerton
(PRC), or Douglas Kirby (UAE), Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475, (202) 482-1386, or (202) 482-3782, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2008, the Department published its final
determinations of sales at less than fair value in the antidumping duty
investigations of PET Film from Brazil, the PRC, and the UAE. See
Notice of Final Determination of Sales at Less Than Fair Value:
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, 73 FR
55035 (September 24, 2008); Polyethylene Terephthalate Film, Sheet, and
Strip from the People's Republic of China: Final Determination of Sales
at Less Than Fair Value, 73 FR 55039 (September 24, 2008); and
Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab
Emirates: Final Determination of Sales at Less Than Fair Value, 73 FR
55036 (September 24, 2008) (UAE Final Determination).
Also, on September 24, 2008, Flex Middle East FZE (Flex UAE),
respondent in the UAE investigation, timely alleged ministerial errors
in the UAE Final Determination. See ``Amendment to the UAE Final
Determination'' section below.
On October 31, 2008, the ITC notified the Department of its final
determination pursuant to section 735(b)(1)(A)(ii) of the Tariff Act of
1930, as amended (the Act), that an industry in the United States is
threatened with material injury by reason of less than fair value
imports of subject merchandise from Brazil, the PRC, and the UAE. See
letter from the ITC to the Secretary of Commerce, ``Notification of
Final Affirmative Determination of Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from Brazil, the People's Republic of China
(PRC), and the United Arab Emirates (UAE) (Investigation Nos. 701-TA-
452, 731-TA-1129, 731-TA-1130),'' dated October 31, 2008. Pursuant to
section 736(a) of the Act, the Department is publishing antidumping
duty orders on the subject merchandise.
Scope of the Orders
The products covered by each of these orders 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
[[Page 66596]]
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 these orders
is dispositive.
Amendment to the UAE Final Determination
As noted above, on September 24, 2008, Flex UAE, the sole
respondent in the UAE investigation, timely alleged ministerial errors
in the UAE Final Determination. After examining Flex UAE's allegations,
the Department determined that there were two ministerial errors. The
Department's consideration of Flex UAE's allegations and correction of
the ministerial errors are presented in the Memorandum to Barbara E.
Tillman, Director, AD/CVD Operations, Office 6: ``Ministerial Error
Allegations--Final Determination of Sales at Less Than Fair Value of
Polyethylene Terephthalate Film, Sheet and Strip (PET Film) from the
United Arab Emirates: Flex Middle East FZE (Flex UAE),'' dated October
14, 2008, available in the public file in the Central Records Unit
(CRU), Room 117, of the Main Commerce Building.
As a result of correcting for these ministerial errors, we are
amending the UAE Final Determination with respect to Flex UAE. The
amended weighted-average dumping margin for Flex UAE has changed from
4.80 percent to 4.05 percent. As Flex UAE's margin was the basis for
the all others rate, we are also amending the all others rate to 4.05
percent.
Antidumping Duty Orders
On October 31, 2008, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing PET Film is threatened with
material injury within the meaning of section 735(b)(1)(A)(ii) of the
Act by reason of imports of subject merchandise at less than fair value
from Brazil, the PRC, and the UAE. In accordance with section 736(a)(1)
of the Act, the Department will direct U.S. Customs and Border
Protection (CBP) to assess, upon further information from the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or the constructed
export price) of the merchandise for all relevant entries of PET Film
from Brazil, the PRC, and the UAE.
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act. Section 736(b)(1) states that
``{i{time} f the Commission, in its final determination under section
735(b), finds material injury or threat of material injury which, but
for the suspension of liquidation under section 733(d)(2) would have
led to a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under section
733(d)(2), shall be subject to the imposition of antidumping duties
under section 731.'' In addition, section 736(b)(2) of the Act requires
CBP to release any bond or other security, and refund any cash deposit
made of estimated antidumping duties posted since the Department's
preliminary antidumping duty determinations. Because the ITC's final
determinations in these cases is based on the threat of material injury
and is not accompanied by a finding that injury would have resulted,
but for the imposition of suspension of liquidation of entries since
the Department's preliminary determinations, section 736(b)(2) of the
Act is applicable. Therefore, the Department will direct CBP to assess,
upon further information from the Department, antidumping duties on all
unliquidated shipments of PET Film from Brazil, the PRC, and the UAE
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination of
threat of material injury in the Federal Register .
Cash Deposit Requirements
Effective on the date of publication of the ITC's notice of final
determination in the Federal Register , CBP will require, at the same
time as importers would deposit estimated normal customs duties on this
merchandise, cash deposits for the subject merchandise equal to the
estimated weighted-average antidumping margins listed below. See
section 736(a)(3) of the Act. The all others rates or PRC-wide rate, as
applicable, apply to all producers or exporters not specifically
listed.
Brazil
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
Terphane Inc............................................ 44.36
All Others.............................................. 28.72
------------------------------------------------------------------------
The People's Republic of China
------------------------------------------------------------------------
Weighted-
Exporter Producer average margin
(percent)
------------------------------------------------------------------------
DuPont Teijin Films China Ltd..... DuPont Hongji Films 3.49
Foshan Co. Ltd..
DuPont Teijin Films China Ltd..... DuPont Teijin 3.49
Hongji Films Ningbo
Co., Ltd..
Fuwei Films (Shandong) Co., Ltd... Fuwei Films 3.49
(Shandong) Co.,
Ltd..
Shaoxing Xiangyu Green Packing Shaoxing Xiangyu 3.49
Co., Ltd. Green Packing Co.,
Ltd.
Sichuan Dongfang Insulating Sichuan Dongfang 3.49
Material Co., Ltd. Insulating Material
Co. Ltd.
Tianjin Wanhua Co., Ltd........... Tianjin Wanhua Co., 3.49
Ltd..
Shanghai Uchem Co., Ltd........... Sichuam Dongfang 3.49
Insulating Material
Co., Ltd.
Shanghai Uchem Co., Ltd........... Shanghai Xishu 3.49
Electric Material
Co., Ltd.
PRC-wide Entity (including .................... 76.72
Jiangyin Jinzhongda New Material
Co., Ltd.).
------------------------------------------------------------------------
[[Page 66597]]
The United Arab Emirates
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
Flex Middle East FZE.................................... 4.05
All others.............................................. 4.05
------------------------------------------------------------------------
Termination of Suspension of Liquidation
The Department will also instruct CBP to terminate the suspension
of liquidation for entries of PET Film from Brazil, the PRC, and the
UAE entered, or withdrawn from warehouse, for consumption prior to the
publication of the ITC's notice of final determination, and refund any
cash deposits made and release any bonds posted between the publication
of the Department's preliminary determinations on May 5, 2008, and the
publication of the ITC's final determinations in the Federal Register.
This notice constitutes the antidumping duty orders with respect to
PET Film from Brazil, the PRC, and the UAE, pursuant to section 736(a)
of the Act. Interested parties may contact the Department's CRU, Room
1117 of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
These orders and amended determination are issued and published in
accordance with sections 736(a), 735(e), and 777(i)(1) of the Act and
19 CFR 351.211(b).
Dated: November 5, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-26802 Filed 11-6-08; 11:15 am]
BILLING CODE 3510-DS-P
