Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review, 75672-75673 [E8-29482]

Download as PDF 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 Jkt 217001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 http:// 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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]


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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 http://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