Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Final Results of Antidumping Duty Administrative Review, 57993-57994 [E9-27078]

Download as PDF Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before January 11, 2010. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Steve Turner, (305) 361– 4482 or Steve.Turner@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract The participants in most Federallymanaged fisheries in the Southeast Region are required to keep and submit catch and effort logbooks from their fishing trips. A subset of these vessels also provide information on the species and quantities of fish, shellfish, marine turtles, and marine mammals that are caught and discarded or have interacted with the vessel’s fishing gear. A subset of these vessels also provide information about dockside prices, trip operating costs, and annual fixed costs. The data are used for scientific analyses that support critical conservation and management decisions made by national and international fishery management organizations. Interaction reports are needed for fishery management planning and to help protect endangered species and marine mammals. Price and cost data will be used in analyses of the economic effects of proposed regulations. II. Method of Collection The information is submitted on paper forms. srobinson on DSKHWCL6B1PROD with NOTICES III. Data OMB Control Number: 0648–0016. Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations; individuals or households. Estimated Number of Respondents: 9,325. Estimated Time per Response: Annual fixed-cost reports, 30 minutes; headboat and Colombian fishery logbooks, 18 minutes; live rock and discard logbooks, 18 minutes; golden crab, reef fishmackerel, economic cost/trip, charterboat, wreckfish, and shrimp logbooks, 10 minutes; no-fishing responses for golden crab, reef fish- VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 makerel, charterboat, wreckfish and Colombian fisheries, 2 minutes. Estimated Total Annual Burden Hours: 33,948. Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. 57993 The period of review (POR) is October 2, 2007, through May 31, 2008. Based on our analysis of the comments received, we have made changes in the margin calculation for Kolon. Therefore, the final results differ from the preliminary results. The final weighted–average dumping margin is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4475 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: Background DEPARTMENT OF COMMERCE This review covers one manufacturer/ exporter of the subject merchandise, Kolon. On July 6, 2009, the Department published in the Federal Register the preliminary results of the October 2, 2007, through May 31, 2008, administrative review of the antidumping order on PET film from Korea. See Preliminary Results. We invited interested parties to comment on the preliminary results of review. On August 5, 2009, we received comments from Kolon. We received no rebuttal comments. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). International Trade Administration Scope of the Order Dated: November 4, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–26955 Filed 11–9–09; 8:45 am] BILLING CODE 3510–22–P [A–580–807] Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 6, 2009 the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping order on polyethylene terephthalate film, sheet and strip (PET film) from the Republic of Korea (Korea). See Polythylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 31922 (July 6, 2009) (Preliminary Results). This review covers one manufacturer/exporter of the subject merchandise to the United States, Kolon Industries, Inc. (Kolon). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Imports covered by this review are shipments of all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet, and strip, whether extruded or coextruded. The films excluded from this review 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 (0.254 micrometers) thick. PET film is currently classifiable under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS subheading is provided for convenience and for customs purposes. The written description remains dispositive as to the scope of the product coverage. Analysis of Comments Received All issues raised in the case brief submitted by Kolon are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memorandum) from Edward M. Yang, Senior Executive Coordinator, E:\FR\FM\10NON1.SGM 10NON1 57994 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices China/NME Unit, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated November 3, 2009, which is adopted by this notice. A list of issues which parties have raised is in the Decision Memorandum and is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Decision Memorandum which is on file in the Central Records Unit, Room 1117, of the main Commerce Building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http:// www.ia.ita.doc.gov/frn. The paper copy and the electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made certain changes in the margin calculations. These changes are discussed in the relevant sections of the Decision Memorandum and the Memorandum to the File from Michael J. Heaney dated November 3, 2009 (Analysis Memorandum). Specifically, for these final results: 1) We have deducted from NV the inland freight expenses incurred by Kolon in shipping PET film from its plant to its warehouse. 2) We have calculated a single, importer–specific assessment rate for Kolon’s CEP sales. merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) because the rate for Kolon is de minimis, i.e., less than 0.5 percent, no cash deposit will be required for Kolon; (2) if the exporter is not a firm covered in this review or the less than fair value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (3) if neither the exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be the all– others rate of 21.50 percent from the LTFV investigation. See Polyethylene Terephthalate Film, Sheet, and Strip From the Republic of Korea; Notice of Final Court Decision and Amended Final Determination of Anti–Dumping Duty Investigation, 62 FR 50557 (September 26, 1997).1 Notification to Interested Parties The Department will disclose calculations performed in connection with the final results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ Final Results of Review disposition of APO materials or We determine that the following conversion to judicial protective order is weighted–average margin percentage hereby requested. Failure to comply exists for the period October 2, 2007, with the regulations and the terms of an through May 31, 2008: APO is a sanctionable violation. We are issuing and publishing this Manufacturer / Exporter Margin determination in accordance with Kolon Industries, Inc. ............ 0.13 percent section 751(a)(1) and 777(i) of the Act. srobinson on DSKHWCL6B1PROD with NOTICES (de minimis) Assessment Since the final rate for Kolon Industries, Inc. is de minimis, the Department will instruct Customs and Border Protection (CBP) to assess no dumping duties on the entries covered by this review. The Department intends to issue appraisement instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this final results of review for all shipments of the subject VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 Dated: November 3, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix–Comments in Decision Memo 1. Inland Freight incurred by Kolon from plant to warehouse 2. Calculation of a single, importer– specific assessment rate for Kolon’s CEP sales 3. Zeroing [FR Doc. E9–27078 Filed 11–09–09; 8:45 am] BILLING CODE 3510–DS–S 1 The Preliminary Results incorrectly listed the all others rate as 4.82 percent. However, that 4.82 cash deposit rate was amended because of judicial review to the 21.50 percent rate listed in this notice. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–849, A–821–808, A–823–808] Continuation of Antidumping Duty Order on Certain Cut–to-Length Carbon Steel Plate from the People’s Republic of China and Continuation of Suspended Antidumping Duty Investigations on Certain Cut–toLength Carbon Steel Plate from the Russian Federation and Ukraine AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the respective determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on certain cut–to-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’) and the termination of the suspension agreements and the underlying antidumping duty investigations on CTL plate from the Russian Federation (‘‘Russia’’) and Ukraine (collectively, ‘‘the Agreements’’) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the antidumping duty order on CTL plate from the PRC and continuation of the Agreements on CTL plate from Russia and Ukraine. EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Wendy Frankel (PRC), Maureen Price (Russia) or Julie Santoboni (Ukraine), Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–5849, (202) 482–4271 or (202) 482–3063, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated, and the ITC instituted, sunset reviews of the antidumping duty order on CTL plate from the PRC and the Agreements on CTL plate from Russia and Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (‘‘Sunset’’) Reviews, 73 FR 44968 (August 1, 2008) and Cut–To-Length Carbon Steel Plate From China, Russia, and Ukraine, 73 FR 70368 (November 20, 2008). As a result of its reviews, pursuant to sections 751(c) and 752 of the Act, the Department determined that revocation E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 57993-57994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27078]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]


Polyethylene Terephthalate Film, Sheet, and Strip from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 6, 2009 the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping order on polyethylene terephthalate film, sheet and strip 
(PET film) from the Republic of Korea (Korea). See Polythylene 
Terephthalate Film, Sheet, and Strip from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review, 74 FR 
31922 (July 6, 2009) (Preliminary Results). This review covers one 
manufacturer/exporter of the subject merchandise to the United States, 
Kolon Industries, Inc. (Kolon). The period of review (POR) is October 
2, 2007, through May 31, 2008.
    Based on our analysis of the comments received, we have made 
changes in the margin calculation for Kolon. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margin is listed below in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE: November 10, 2009.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers one manufacturer/exporter of the subject 
merchandise, Kolon. On July 6, 2009, the Department published in the 
Federal Register the preliminary results of the October 2, 2007, 
through May 31, 2008, administrative review of the antidumping order on 
PET film from Korea. See Preliminary Results.
    We invited interested parties to comment on the preliminary results 
of review. On August 5, 2009, we received comments from Kolon. We 
received no rebuttal comments. The Department has conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).

Scope of the Order

    Imports covered by this review are shipments of all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet, and 
strip, whether extruded or coextruded. The films excluded from this 
review 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 (0.254 micrometers) thick. PET film is currently classifiable 
under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS 
subheading is provided for convenience and for customs purposes. The 
written description remains dispositive as to the scope of the product 
coverage.

Analysis of Comments Received

    All issues raised in the case brief submitted by Kolon are 
addressed in the ``Issues and Decision Memorandum'' (Decision 
Memorandum) from Edward M. Yang, Senior Executive Coordinator,

[[Page 57994]]

China/NME Unit, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Import Administration, dated November 3, 2009, which is adopted by this 
notice. A list of issues which parties have raised is in the Decision 
Memorandum and is attached to this notice as an appendix. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in the Decision Memorandum which is on 
file in the Central Records Unit, Room 1117, of the main Commerce 
Building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://www.ia.ita.doc.gov/frn. 
The paper copy and the electronic version of the Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. These changes are discussed 
in the relevant sections of the Decision Memorandum and the Memorandum 
to the File from Michael J. Heaney dated November 3, 2009 (Analysis 
Memorandum). Specifically, for these final results:
    1) We have deducted from NV the inland freight expenses incurred by 
Kolon in shipping PET film from its plant to its warehouse.
    2) We have calculated a single, importer-specific assessment rate 
for Kolon's CEP sales.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period October 2, 2007, through May 31, 2008:

------------------------------------------------------------------------
                 Manufacturer / Exporter                      Margin
------------------------------------------------------------------------
Kolon Industries, Inc...................................    0.13 percent
                                                            (de minimis)
------------------------------------------------------------------------

Assessment

    Since the final rate for Kolon Industries, Inc. is de minimis, the 
Department will instruct Customs and Border Protection (CBP) to assess 
no dumping duties on the entries covered by this review. The Department 
intends to issue appraisement instructions to CBP 15 days after the 
date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this final results of review for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Act: (1) because the rate for Kolon is de 
minimis, i.e., less than 0.5 percent, no cash deposit will be required 
for Kolon; (2) if the exporter is not a firm covered in this review or 
the less than fair value (LTFV) investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the merchandise; and (3) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review, the cash deposit rate will be the all-others rate of 21.50 
percent from the LTFV investigation. See Polyethylene Terephthalate 
Film, Sheet, and Strip From the Republic of Korea; Notice of Final 
Court Decision and Amended Final Determination of Anti-Dumping Duty 
Investigation, 62 FR 50557 (September 26, 1997).\1\
---------------------------------------------------------------------------

    \1\ The Preliminary Results incorrectly listed the all others 
rate as 4.82 percent. However, that 4.82 cash deposit rate was 
amended because of judicial review to the 21.50 percent rate listed 
in this notice.
---------------------------------------------------------------------------

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with the final results of review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/disposition 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 this determination in accordance with 
section 751(a)(1) and 777(i) of the Act.

    Dated: November 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix-Comments in Decision Memo

    1. Inland Freight incurred by Kolon from plant to warehouse
    2. Calculation of a single, importer-specific assessment rate for 
Kolon's CEP sales
    3. Zeroing
[FR Doc. E9-27078 Filed 11-09-09; 8:45 am]
BILLING CODE 3510-DS-S