Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review, 75672-75673 [E8-29482]
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75672
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4014, 14th Street and Constitution Ave.,
NW, Washington, DC 20230, telephone:
(202) 482–6071.
SUPPLEMENTARY INFORMATION:
SEC and the Office of the United States
Attorney for the Western District of
Missouri.
Extension of Time Limit for Final
Results
Under 19 CFR 351.216(e), the
Department will issue the final results
of a CCR within 270 days after the date
Background
on which the Department initiates the
On November 19, 2007, the
changed circumstances review.
Department of Commerce (the
Currently, the final results of the AD
Department) published its notice of
CCR, which cover Lensi, a producer/
initiation of antidumping duty (AD)
exporter of pasta from Italy, and AIPC,
changed circumstances review (CCR).
Lensi’s corporate parent and importer of
See Certain Pasta from Italy: Notice of
subject merchandise produced by Lensi,
Initiation of Antidumping Duty Changed
are due by December 5, 2008. As
Circumstances Review, 72 FR 65010
explained above, the Department has
(November 19, 2007). On February 22,
placed certain information regarding
2008, the Department published its
Lensi on the record of the AD CCR. In
notice of preliminary results of AD CCR addition, in their October 17, 2008
and intent to reinstate the AD order. See submission, Lensi and AIPC placed new
Certain Pasta from Italy: Notice of
factual information and comments on
Preliminary Results of Antidumping
the record of the AD CCR. In order to
Duty Changed Circumstances Review
have sufficient time to review the new
and Intent to Reinstate the Antidumping factual information placed on the record
Duty Order, 73 FR 9769 (February 22,
of the AD CCR, we are extending the
2008). On August 12, 2008, the
due date of the final results of the AD
Department extended the due date of
CCR by 17 days in accordance with 19
the final results of the AD CCR until
CFR 351.302(b). Therefore, the final
October 6, 2008. See Certain Pasta from results of the AD CCR are now due no
Italy: Notice of Extension of Final
later than December 22, 2008.
Results of Antidumping Duty Changed
This notice is issued and published in
Circumstances Review, 73 FR 46871
accordance with sections 751(b) and
(August 12, 2008). On September 29,
777(i) of the Tariff Act of 1930, as
2008, the Department placed on the
amended.
record of the AD CCR press releases
Dated: December 5, 2008.
from the United States Attorney for the
Gary Taverman,
Western District of Missouri and the
Acting Deputy Assistant Secretary for
Securities and Exchange Commission
Antidumping and Countervailing Duty
(SEC) regarding the American Italian
Operations.
Pasta Company (AIPC). See the
[FR Doc. E8–29490 Filed 12–11–08; 8:45 am]
Memorandum to the File from Eric B.
BILLING CODE 3510–DS–S
Greynolds, Program Manager, ‘‘Press
Release from Office of the United States
Attorney for the Western District of
DEPARTMENT OF COMMERCE
Missouri and the Securities and
Exchange Commission Regarding the
International Trade Administration
American Italian Pasta Company’’
(C–533–825)
(September 29, 2008), a public
document on file in the Central Records
Polyethylene Terephthalate Film,
Unit (CRU), room 1117 of the main
Sheet, and Strip from India: Final
Department building. On October 8,
Results of Countervailing Duty
2008, David M. Spooner, the Assistant
Administrative Review
Secretary for Import Administration,
along with other officials from the
AGENCY: Import Administration,
Department met with an official from
International Trade Administration,
AIPC and counsel to Lensi/AIPC to
Department of Commerce.
discuss issues pertaining to the ongoing SUMMARY: On August 7, 2008, the
AD CCR. On October 10, 2008, the
Department of Commerce (Department)
Department extended the due date of
published in the Federal Register the
the final results of the AD CCR until
preliminary results of administrative
December 5, 2008. See Certain Pasta
review of the countervailing duty order
from Italy: Notice of Extension of Final
on polyethylene terephthalate film,
Results of Antidumping Duty Changed
sheet, and strip (PET film) from India
Circumstances Review, 73 FR 60239
for the period January 1, 2006 through
(October 10, 2008). On October 17,
December 31, 2006. See Polyethylene
2008, Lensi/AIPC submitted comments
Terephthalate Film, Sheet, and Strip
regarding the press release issued by the from India: Preliminary Results of
VerDate Aug<31>2005
17:56 Dec 11, 2008
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Countervailing Duty Administrative
Review, 73 FR 45956 (August 7, 2008)
(Preliminary Results). Based on the
results of our analysis of the comments
received, the Department has revised
the subsidy rates for the respondent,
MTZ Polyfilms, Ltd. (MTZ). The final
subsidy rate for the reviewed company
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: December 12, 2008.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum, 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) 482–0197.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the
Preliminary Results, the following
events have occurred. The Department
issued its fifth supplemental
questionnaire to the Government of
India (GOI) and to MTZ on August 15,
2008. The GOI and MTZ filed their fifth
supplemental responses on August 29,
2008 and on September 9, 2008,
respectively. On September 4, 2008, the
Department extended the briefing
schedule to include MTZ’s fifth
supplemental response, and on
September 12, 2008, the Department
extended the deadline for interested
parties to request a hearing. MTZ filed
a case brief on September 15, 2008, and
the petitioners, Dupont Teijin Films,
Mitsubishi Polyester Film of America,
and Toray Plastics (America), Inc., filed
a rebuttal brief on September 22, 2008.1
Based on a request by MTZ, a hearing,
including a closed session, was held on
October 6, 2008.
Scope of the Order
For purposes of the order, the
products covered are all gauges of raw,
pretreated, or primed Polyethylene
Terephthalate Film, Sheet and Strip,
whether extruded or coextruded.
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 of more than
0.00001 inches thick. Imports of PET
film are classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
1 Certain information referred to in MTZ’s case
brief was untimely. This information was
inadvertently discussed in the hearing. On October
15, 2008, MTZ and petitioners re-filed their
respective briefs with the information redacted. A
copy of the official hearing transcript with the
information redacted was placed on the record on
October 23, 2008.
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
in the Final Results of the
Countervailing Duty Administrative
Review of Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from
India, from Stephen J. Claeys, Deputy
Assistant Secretary to David M.
Spooner, Assistant Secretary for Import
Administration (December 5, 2008)
(Issues and Decision Memorandum),
which is hereby adopted by this notice.
The Issues and Decision Memorandum
also contains a complete analysis of the
programs covered by this review and the
methodologies used to calculate the
subsidy rates. A list of the comments
raised in the briefs and addressed in the
Issues and Decision Memorandum is
appended to this notice. The Issues and
Decision Memorandum is on file in the
Central Records Unit, Room 1117 of the
main Department building, and can be
accessed directly on the Web at https://
ia.ita.doc.gov/frn.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made some
adjustments in the methodology that
was used in the Preliminary Results for
calculating MTZ’s subsidy rates under
several programs. All changes are
discussed in detail in the Issues and
Decision Memorandum.
Final Results of Review
In accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (Act) and 19 CFR
351.221(b)(5), we calculated individual
ad valorem subsidy rates for MTZ, the
only producer/exporter subject to
review for the calendar year 2006, the
period of review for this administrative
review.
Manufacturer/Exporter
jlentini on PROD1PC65 with NOTICES
MTZ Polyfilms Ltd. ................
Net Subsidy
Rate
65.59 %
Assessment and Cash Deposit
Instructions
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise by
MTZ entered, or withdrawn from
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
warehouse, for consumption on or after
January 1, 2006 through December 31,
2006, at 65.59 percent ad valorem of the
entered value. We will also instruct CBP
to collect cash deposits of estimated
countervailing duties, at this rate, on
shipments of the subject merchandise
by MTZ entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of these final
results of review. For all non–reviewed
companies, the Department has
instructed CBP to assess countervailing
duties at the cash deposit rates in effect
at the time of entry, for entries between
January 1, 2006 and December 31, 2006.
The cash deposit rates for all companies
not covered by this review are not
changed by the results of this review.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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 these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 5, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I
List of Issues Addressed in the Issues
and Decision Memorandum
Pre–Shipment and Post–Shipment
Export Financing Program
Comment 1: MTZ’s Participation in the
Pre–Shipment and Post–Shipment
Export Financing Program
Benefit Calculation Under the Export
Promotion Capital Goods Scheme
(EPCGS)
Comment 2: Education Cess
Comment 3: Special Additional Duty
Comment 4: Unpaid Import Duty
Liabilities (Benefit Earned and
Denominator)
Comment 5: Partial Fulfillment of
Export Obligation
Comment 6: Interest Rate Benchmark for
Contingent Liabilities
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75673
Advanced License Program (ALP)
Comment 7: Countervailability of the
ALP
Union Territories Central Sales Tax
Programs (CST)
Comment 8: The Benefits Received
Under the Program
Comment 9: Adjustments to Cash
Deposit Rates to Account for Program–
Wide Changes
Comity
Comment 10: Principle of Comity in the
EPCGS and ALP
Due Process
Comment 11: Due Process Claims
[FR Doc. E8–29482 Filed 12–11–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
C–423–809
Stainless Steel Plate in Coils from
Belgium: Final Results of
Countervailing Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2008, the U.S.
Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of the
administrative review of the
countervailing duty order on stainless
steel plate in coils from Belgium for the
period January 1, 2006, through
December 31, 2006.
On November 6, 2008, the Department
issued a post–preliminary interim
analysis regarding certain additional
information placed on the record of this
administrative review shortly before and
after the preliminary results were
issued. The final results do not
effectively differ from the preliminary
results, where we found the net subsidy
rate to be de minimis. See section below
entitled ‘‘Final Results of Review’’ for
further discussion.
EFFECTIVE DATE: December 12, 2008.
FOR FURTHER INFORMATION CONTACT:
Alicia Winston or David Layton, AD/
CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1785 and (202)
482–0371, respectively.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75672-75673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29482]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-533-825)
Polyethylene Terephthalate Film, Sheet, and Strip from India:
Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2008, the Department of Commerce (Department)
published in the Federal Register the preliminary results of
administrative review of the countervailing duty order on polyethylene
terephthalate film, sheet, and strip (PET film) from India for the
period January 1, 2006 through December 31, 2006. See Polyethylene
Terephthalate Film, Sheet, and Strip from India: Preliminary Results of
Countervailing Duty Administrative Review, 73 FR 45956 (August 7, 2008)
(Preliminary Results). Based on the results of our analysis of the
comments received, the Department has revised the subsidy rates for the
respondent, MTZ Polyfilms, Ltd. (MTZ). The final subsidy rate for the
reviewed company is listed below in the section entitled ``Final
Results of Review.''
EFFECTIVE DATE: December 12, 2008.
FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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) 482-0197.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the Preliminary Results, the following
events have occurred. The Department issued its fifth supplemental
questionnaire to the Government of India (GOI) and to MTZ on August 15,
2008. The GOI and MTZ filed their fifth supplemental responses on
August 29, 2008 and on September 9, 2008, respectively. On September 4,
2008, the Department extended the briefing schedule to include MTZ's
fifth supplemental response, and on September 12, 2008, the Department
extended the deadline for interested parties to request a hearing. MTZ
filed a case brief on September 15, 2008, and the petitioners, Dupont
Teijin Films, Mitsubishi Polyester Film of America, and Toray Plastics
(America), Inc., filed a rebuttal brief on September 22, 2008.\1\ Based
on a request by MTZ, a hearing, including a closed session, was held on
October 6, 2008.
---------------------------------------------------------------------------
\1\ Certain information referred to in MTZ's case brief was
untimely. This information was inadvertently discussed in the
hearing. On October 15, 2008, MTZ and petitioners re-filed their
respective briefs with the information redacted. A copy of the
official hearing transcript with the information redacted was placed
on the record on October 23, 2008.
---------------------------------------------------------------------------
Scope of the Order
For purposes of the order, the products covered are all gauges of
raw, pretreated, or primed Polyethylene Terephthalate Film, Sheet and
Strip, whether extruded or coextruded. 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 of more than 0.00001 inches thick. Imports of PET film
are classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number
[[Page 75673]]
3920.62.00.90. HTSUS subheadings are provided for convenience and
customs purposes. The written description of the scope of the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum in the Final Results of the Countervailing Duty
Administrative Review of Polyethylene Terephthalate Film, Sheet, and
Strip (PET Film) from India, from Stephen J. Claeys, Deputy Assistant
Secretary to David M. Spooner, Assistant Secretary for Import
Administration (December 5, 2008) (Issues and Decision Memorandum),
which is hereby adopted by this notice. The Issues and Decision
Memorandum also contains a complete analysis of the programs covered by
this review and the methodologies used to calculate the subsidy rates.
A list of the comments raised in the briefs and addressed in the Issues
and Decision Memorandum is appended to this notice. The Issues and
Decision Memorandum is on file in the Central Records Unit, Room 1117
of the main Department building, and can be accessed directly on the
Web at https://ia.ita.doc.gov/frn.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made some
adjustments in the methodology that was used in the Preliminary Results
for calculating MTZ's subsidy rates under several programs. All changes
are discussed in detail in the Issues and Decision Memorandum.
Final Results of Review
In accordance with section 751(a)(1)(A) of the Tariff Act of 1930,
as amended (Act) and 19 CFR 351.221(b)(5), we calculated individual ad
valorem subsidy rates for MTZ, the only producer/exporter subject to
review for the calendar year 2006, the period of review for this
administrative review.
------------------------------------------------------------------------
Net Subsidy
Manufacturer/Exporter Rate
------------------------------------------------------------------------
MTZ Polyfilms Ltd....................................... 65.59 [percnt]
------------------------------------------------------------------------
Assessment and Cash Deposit Instructions
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by MTZ entered, or withdrawn from warehouse, for
consumption on or after January 1, 2006 through December 31, 2006, at
65.59 percent ad valorem of the entered value. We will also instruct
CBP to collect cash deposits of estimated countervailing duties, at
this rate, on shipments of the subject merchandise by MTZ entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
companies, the Department has instructed CBP to assess countervailing
duties at the cash deposit rates in effect at the time of entry, for
entries between January 1, 2006 and December 31, 2006. The cash deposit
rates for all companies not covered by this review are not changed by
the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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 these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 5, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
List of Issues Addressed in the Issues and Decision Memorandum
Pre-Shipment and Post-Shipment Export Financing Program
Comment 1: MTZ's Participation in the Pre-Shipment and Post-Shipment
Export Financing Program
Benefit Calculation Under the Export Promotion Capital Goods Scheme
(EPCGS)
Comment 2: Education Cess
Comment 3: Special Additional Duty
Comment 4: Unpaid Import Duty Liabilities (Benefit Earned and
Denominator)
Comment 5: Partial Fulfillment of Export Obligation
Comment 6: Interest Rate Benchmark for Contingent Liabilities
Advanced License Program (ALP)
Comment 7: Countervailability of the ALP
Union Territories Central Sales Tax Programs (CST)
Comment 8: The Benefits Received Under the Program
Comment 9: Adjustments to Cash Deposit Rates to Account for Program-
Wide Changes
Comity
Comment 10: Principle of Comity in the EPCGS and ALP
Due Process
Comment 11: Due Process Claims
[FR Doc. E8-29482 Filed 12-11-08; 8:45 am]
BILLING CODE 3510-DS-S