Polyethylene Terephthalate Film, Sheet, and Strip From Korea: Final Results of Antidumping Duty Administrative Review and Revocation in Part, 71512-71514 [2011-29491]
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
updates to these inventories, including:
Additions, deletions, and changes to
information on EIN, name and address,
industrial classification, end-of-year
operating status, mid-March
employment, first quarter payroll, and
annual payroll. The economic census
will collect data for all other
establishments of multi-establishment
enterprises, including those items listed
above. Also for 2012, we will collect
data for single-location companies on
Form NC–99801 to further capture data
for the Enterprise Statistics Program.
III. Data
OMB Control Number: 0607–0444.
Form Number: NC–99001 (for multiestablishment enterprises) and NC–
99801 (for single-location companies).
Type of Review: Regular submission.
Affected Public: Business and not-forprofit institutions.
Estimated Number of Respondents:
264,000 (164,000 enterprises and
100,000 single units).
Estimated Time per Response: .44
hours.
Estimated Total Annual Burden
Hours: 90,784.
Estimated Total Annual Cost:
$2,692,653.
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13 U.S.C.
Sections 131, 182, 224, and 225.
mstockstill on DSK4VPTVN1PROD with NOTICES
IV. Request for Comments
Dated: November 15, 2011.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2011–29815 Filed 11–17–11; 8:45 am]
BILLING CODE 3510–07–P
17:44 Nov 17, 2011
International Trade Administration
[A–580–807]
Polyethylene Terephthalate Film,
Sheet, and Strip From Korea: Final
Results of Antidumping Duty
Administrative Review and Revocation
in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2011, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from Korea,
covering the June 1, 2009, to May 31,
2010, period of review (POR).1
The respondent subject to this review
is Kolon Industries, Inc., (Kolon). Based
on a ministerial error allegation from
Kolon, we have made changes in the
margin calculation, as explained below
in the section entitled ‘‘Changes from
Preliminary Results.’’ As a result, the
final results differ from the preliminary
results. In addition, the Department is
revoking the antidumping order on PET
film from Korea with respect to Kolon.
DATES: Effective Date: November 18,
2011.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
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.
VerDate Mar<15>2010
DEPARTMENT OF COMMERCE
Jkt 226001
Tyler Weinhold 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) 482–1121 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 8, 2011, the Department
published the preliminary results of the
administrative review of the
antidumping duty order covering PET
film from Korea for the POR of June 1,
2009, through May 31, 2010. See
Preliminary Results.
On July 8, 2011, Kolon submitted a
ministerial error allegation with respect
to the Department’s Preliminary
Results.2 On September 21, 2011, the
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative
Review, 76 FR 40325 (July 8, 2011) (Preliminary
Results).
2 See Kolon’s letter regarding ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip from Korea:
Ministerial Errors in the Preliminary Results of the
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Department issued a memorandum to
the file addressing Kolon’s ministerial
error allegation. See Memorandum from
Tyler Weinhold to the File,
‘‘Polyethylene Terephthalate Film,
Sheet, and Strip from the Republic of
Korea: Preliminary Results of
Antidumping Duty Administrative
Review: Allegations of Ministerial
Errors,’’ dated September 21, 2011
(Ministerial Error Memorandum).
Also on September 21, 2011, the
Department issued a memorandum
informing interested parties of its intent
to revoke the antidumping duty order
with respect to Kolon on the condition
that, in the final results, Kolon is found
to have a de minimis or zero dumping
margin and has met all the other
requirements for revocation.3 The
Department also reset the deadlines for
parties to submit case briefs to October
6, 2011, and reset the deadlines for
parties to submit rebuttal briefs to
October 11, 2011. Id.
We allowed interested parties an
opportunity to comment on the
Preliminary Results. Kolon submitted a
case brief on October 6, 2011, but
subsequently withdrew its case brief on
October 11, 2011. Petitioners 4 did not
submit a case brief.
Period of Review
The POR is June 1, 2009, through May
31, 2010.
Scope of the Order
Imports covered by this order 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
metalized 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 (0.254 micrometers) thick.
PET film is currently classifiable
under Harmonized Tariff Schedule of
the United States (HTSUS) subheading
3920.62.00. The HTSUS subheading is
provided for convenience and for
customs purposes. The written
2009/10 Administrative Review,’’ dated July 8,
2011.
3 See Memorandum from Richard D. Weible to
Ronald K. Lorentzen, ‘‘Polyethylene Terephthalate
Film, Sheet, and Strip from the Republic of Korea:
Preliminary Results of Antidumping Duty
Administrative Review: Post-Preliminary Analysis
and Calculation Memorandum and Intent to Revoke
the Antidumping Order with Regard to Kolon
Industries, Inc. (Kolon),’’ dated September 21, 2011
(Revocation Memorandum).
4 The petitioners in this proceeding are DuPont
Teijin Films, Mitsubishi Polyester Film, Inc., SKC,
Inc., and Toray Plastics (America), Inc.
(collectively, petitioners).
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
description remains dispositive as to the
scope of the product coverage.
mstockstill on DSK4VPTVN1PROD with NOTICES
Changes From Preliminary Results
We confirm that an error was made in
the manner described by Kolon in its
July 8, 2011, allegation. The changes
made to the margin calculation
programs to correct this error from the
Preliminary Results are explained
further in the Ministerial Error
Memorandum.
Revocation of Antidumping Duty Order
in Part
Based upon the reasons cited in
Kolon’s June 30, 2010, November 17,
2010, and July 8, 2011, submissions,
and upon the absence of dumping in
each of the three most recent
administrative reviews, the Department
concludes that Kolon has met its burden
of providing proper certification to
satisfy the requirements for revocation
in accordance with 19 CFR 351.222. The
Department’s preliminary analysis of
the factors related to our decision to
revoke the order with regard to Kolon is
described in further detail in the
Revocation Memorandum. The
Department hereby adopts the
conclusions described in the Revocation
Memorandum and determines the
following: (a) Kolon has made the
proper certifications as described under
19 CFR 351.222(e) and 19 CFR
351.222(b); (b) Kolon has not made sales
at less than fair value for three
consecutive years covered by the three
most recently completed administrative
review periods, in accordance with 19
CFR 351.222(b)(2)(i)(A); (c) Kolon has
made sales to the United States in
commercial quantities over the three
consecutive years covered by the three
most recently completed administrative
review periods in accordance with 19
CFR 351.222(d)(1); and d) in accordance
with 19 CFR 351.222(b)(2)(i)(C), that the
continued application of the
antidumping order with respect to
Kolon is not otherwise necessary to
offset dumping. Therefore, the
Department is revoking the antidumping
order on PET film from the Korea with
respect to Kolon, effective for entries
made after May 31, 2010.
The Department revoked in whole the
antidumping duty order on PET film
Korea, effective October 20, 2010. See
Polyethylene Terephthalate Film, Sheet,
and Strip from Korea: Revocation of
Antidumping Duty Order, 76 FR 57715
(September 16, 2011) (Revocation
Notice); see also ‘‘Termination of
Suspension of Liquidation,’’ below, for
further information. As a result of
Kolon’s revocation in part from the
order, Kolon’s entries of PET film made
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17:44 Nov 17, 2011
Jkt 226001
from June 1, 2010, through October 19,
2010, are no longer subject to the
antidumping duty order on PET film
from Korea. Accordingly, the
Department will rescind the ongoing
administrative review for Kolon for the
period June 1, 2010, through May 31,
2011.5 See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews, Requests for Revocations in
Part and Deferral of Administrative
Reviews, 76 FR 45227 (July 28, 2011).
Final Results of Review
The Department has determined that
the following margin exists for the
period June 1, 2009, through May 31,
2010:
71513
investigation if there is no companyspecific rate for an intermediary
involved in the transaction. See
Polyethylene Terephthalate Film, Sheet,
and Strip From the Republic of Korea;
Notice of Final Court Decision and
Amended Final Determination of
Antidumping Duty Investigation, 62 FR
50557 (September 26, 1997). See
Assessment of Antidumping Duties for
a full discussion of this clarification.
Termination of Suspension of
Liquidation
As explained above, on September 16,
2011, the Department revoked the
antidumping duty order on PET film
from Korea effective October 20, 2010.
See Revocation Notice. Pursuant to the
Weighted
revocation of the order, the Department
average
Manufacturer
instructed CBP, on October 3, 2011, to
margin
(percentage)
terminate suspension of liquidation and
collection of cash deposits on entries of
Kolon Industries, Inc. ............
0.32 the subject merchandise entered, or
1 (de minimis).
withdrawn from warehouse, on or after
October 20, 2010. Accordingly, entries
Assessment Rates
of subject merchandise after October 20,
Pursuant to these final results, the
2010, are not subject to suspension of
Department has determined, and U.S.
liquidation or antidumping duty deposit
Customs and Border Protection (CBP)
requirements. Therefore we are not
shall assess, antidumping duties on all
issuing antidumping duty deposit
appropriate entries. The Department
instructions to CBP.
intends to issue assessment instructions
Notification to Importers
for Kolon to CBP 15 days after the date
of publication of these final results.
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific (or
customer-specific) ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review if any importer-specific (or
customer-specific) assessment rate
calculated in the final results of this
review is above de minimis.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment of
Antidumping Duties). This clarification
will apply to entries of subject
merchandise during the POR produced
by Kolon for which Kolon did not know
the merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate un-reviewed
entries at the 21.50 percent all-others
rate from the less-than-fair-value
5 Because Kolon is the only respondent subject to
the 2010–2011 administrative review, the
Department will rescind the 2010–2011 review in
its entirety.
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This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(0
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
Dated: November 4, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–29491 Filed 11–17–11; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
Meeting of the National Advisory
Council on Minority Business
Enterprise
Minority Business
Development Agency, U.S. Department
of Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
The National Advisory
Council for Minority Business
Enterprise (NACMBE) will hold its
fourth meeting to discuss the work of
the three subcommittees and
deliverables to fulfill the NACMBE’s
charter mandate. The agenda may
change to accommodate Council
business.
SUMMARY:
The meeting will be held on
Monday, December 12, 2011 from 9 a.m.
to 5 p.m. Eastern Time (ET).
ADDRESSES: This meeting will be held at
the Grand Hyatt New York, Park Avenue
at Grand Central Station, 109 East 42nd
Street New York, NY 10017.
FOR FURTHER INFORMATION CONTACT:
Demetria Gallagher, National Director’s
Office, Minority Business Development
Agency (MBDA), U.S. Department of
Commerce at (202) 482–1624, email:
dgallagher@mbda.gov.
DATES:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the NACMBE
pursuant to his discretionary authority
and in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App. 2) on April 28, 2010. The
NACMBE is to provide the Secretary of
Commerce with recommendations from
the private sector on a broad range of
policy issues that affect minority
businesses and their ability to access
successfully the domestic and global
marketplace.
Topics to be considered: During the
meeting the three subcommittees will
report on their work and the Council
will discuss and deliberate on possible
recommendations. The Subcommittee
topics include: (1) Definition of
Minority Business Enterprises (MBEs)
and MBDA’s role, (2) Creation of an
MBE Forum, and (3) Strategic Alliances
& Exports.
VerDate Mar<15>2010
17:44 Nov 17, 2011
Jkt 226001
Public Participation: The meeting is
open to the public. Public seating is
limited and available on a first-come,
first-served basis. Members of the public
wishing to attend the meeting must
notify Demetria Gallagher at the contact
information above by 5 p.m. EST on
Thursday, December 1, 2011, to
preregister. Please specify any requests
for reasonable accommodation at least
ten (10) business days in advance of the
meeting. Last minute requests will be
accepted, but may not be possible to
fulfill.
A limited amount of time, in the
afternoon, will be available for pertinent
brief oral comments from members of
the public attending the meeting. Any
member of the public may submit
pertinent written comments concerning
affairs of the NACMBE at https://
www.mbda.gov/main/nacmbe-submitcomments. To be considered during the
meeting, comments must be received no
later than 5 p.m. ET on Wednesday,
December 7, 2011, to ensure
transmission to the Council prior to the
meeting. Comments received after that
date will be distributed to the members
but may not be considered at the
meeting.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Demetria Gallagher, at (202) 482–1624,
or dgallagher@mbda.gov, at least ten
(10) days before the meeting date.
Copies of the NACMBE open meeting
minutes will be available to the public
upon request.
Dated: November 14, 2011.
David A. Hinson,
National Director, Minority Business
Development Agency.
[FR Doc. 2011–29865 Filed 11–17–11; 8:45 am]
BILLING CODE 3510–21–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Malcolm Baldrige National Quality
Award Board of Overseers
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of Open Meeting.
AGENCY:
The Board of Overseers of the
Malcolm Baldrige National Quality
Award (Board of Overseers) will meet in
open session on December 13, 2011. The
purpose of this meeting is to discuss
and review information received from
the National Institute of Standards and
SUMMARY:
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Technology and from the Chair of the
Judges Panel of the Malcolm Baldrige
National Quality Award. The agenda
will include: Report from the Judges’
Panel, Baldrige Performance Excellence
Program (BPEP) Update, Baldrige
Fellows Program Status Report, Baldrige
Program Changes in 2011, and
Recommendations for the NIST
Director.
The meeting will convene
December 13, 2011, at 8:30 a.m. and
adjourn at 3 p.m. on December 13, 2011.
DATES:
The meeting will be held at
the National Institute of Standards and
Technology, Advanced Chemical
Sciences Laboratory (Building 227),
Room A302, Gaithersburg, Maryland
20899. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of the notice.
ADDRESSES:
Dr.
Harry Hertz, Director, BPEP, National
Institute of Standards and Technology,
Gaithersburg, Maryland 20899,
telephone number (301) 975–2361.
FOR FURTHER INFORMATION CONTACT:
Pursuant
to the Federal Advisory Committee Act,
5 U.S.C. App., the Board of Overseers
will meet in open session on December
13, 2011. The Board of Overseers is
composed of 11 members prominent in
the fields of quality, innovation, and
performance management and
appointed by the Secretary of
Commerce, assembled to advise the
Secretary of Commerce on the conduct
of the Baldrige Award. The agenda will
include: Report from the Judges’ Panel,
BPEP Update, Baldrige Fellows Program
Status Report, Baldrige Program
Changes in 2011, and Recommendations
for the NIST Director.
All visitors to the National Institute of
Standards and Technology site will
have to pre-register to be admitted.
Please submit your name, time of
arrival, email address and phone
number to Diane Harrison no later than
Wednesday, December 8, 2011, and she
will provide you with instructions for
admittance. Non-U.S. citizens must also
submit their passport number, country
of citizenship, title, employer/sponsor,
address and telephone. Ms. Harrison’s
email address is
diane.harrison@nist.gov and her phone
number is (301) 975–2361.
SUPPLEMENTARY INFORMATION:
Dated: November 10, 2011.
Phillip Singerman,
Associate Director for Innovation & Industry
Services.
[FR Doc. 2011–29646 Filed 11–17–11; 8:45 am]
BILLING CODE 3510–13–P
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]]>Agencies
[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71512-71514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29491]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-807]
Polyethylene Terephthalate Film, Sheet, and Strip From Korea:
Final Results of Antidumping Duty Administrative Review and Revocation
in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2011, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET film) from Korea, covering
the June 1, 2009, to May 31, 2010, period of review (POR).\1\
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 40325 (July 8, 2011) (Preliminary
Results).
---------------------------------------------------------------------------
The respondent subject to this review is Kolon Industries, Inc.,
(Kolon). Based on a ministerial error allegation from Kolon, we have
made changes in the margin calculation, as explained below in the
section entitled ``Changes from Preliminary Results.'' As a result, the
final results differ from the preliminary results. In addition, the
Department is revoking the antidumping order on PET film from Korea
with respect to Kolon.
DATES: Effective Date: November 18, 2011.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold 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-
1121 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 8, 2011, the Department published the preliminary results
of the administrative review of the antidumping duty order covering PET
film from Korea for the POR of June 1, 2009, through May 31, 2010. See
Preliminary Results.
On July 8, 2011, Kolon submitted a ministerial error allegation
with respect to the Department's Preliminary Results.\2\ On September
21, 2011, the Department issued a memorandum to the file addressing
Kolon's ministerial error allegation. See Memorandum from Tyler
Weinhold to the File, ``Polyethylene Terephthalate Film, Sheet, and
Strip from the Republic of Korea: Preliminary Results of Antidumping
Duty Administrative Review: Allegations of Ministerial Errors,'' dated
September 21, 2011 (Ministerial Error Memorandum).
---------------------------------------------------------------------------
\2\ See Kolon's letter regarding ``Polyethylene Terephthalate
Film, Sheet, and Strip from Korea: Ministerial Errors in the
Preliminary Results of the 2009/10 Administrative Review,'' dated
July 8, 2011.
---------------------------------------------------------------------------
Also on September 21, 2011, the Department issued a memorandum
informing interested parties of its intent to revoke the antidumping
duty order with respect to Kolon on the condition that, in the final
results, Kolon is found to have a de minimis or zero dumping margin and
has met all the other requirements for revocation.\3\ The Department
also reset the deadlines for parties to submit case briefs to October
6, 2011, and reset the deadlines for parties to submit rebuttal briefs
to October 11, 2011. Id.
---------------------------------------------------------------------------
\3\ See Memorandum from Richard D. Weible to Ronald K.
Lorentzen, ``Polyethylene Terephthalate Film, Sheet, and Strip from
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review: Post-Preliminary Analysis and Calculation
Memorandum and Intent to Revoke the Antidumping Order with Regard to
Kolon Industries, Inc. (Kolon),'' dated September 21, 2011
(Revocation Memorandum).
---------------------------------------------------------------------------
We allowed interested parties an opportunity to comment on the
Preliminary Results. Kolon submitted a case brief on October 6, 2011,
but subsequently withdrew its case brief on October 11, 2011.
Petitioners \4\ did not submit a case brief.
---------------------------------------------------------------------------
\4\ The petitioners in this proceeding are DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. (collectively, petitioners).
---------------------------------------------------------------------------
Period of Review
The POR is June 1, 2009, through May 31, 2010.
Scope of the Order
Imports covered by this order 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 metalized 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 (0.254 micrometers) thick.
PET film is currently classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) subheading 3920.62.00. The HTSUS
subheading is provided for convenience and for customs purposes. The
written
[[Page 71513]]
description remains dispositive as to the scope of the product
coverage.
Changes From Preliminary Results
We confirm that an error was made in the manner described by Kolon
in its July 8, 2011, allegation. The changes made to the margin
calculation programs to correct this error from the Preliminary Results
are explained further in the Ministerial Error Memorandum.
Revocation of Antidumping Duty Order in Part
Based upon the reasons cited in Kolon's June 30, 2010, November 17,
2010, and July 8, 2011, submissions, and upon the absence of dumping in
each of the three most recent administrative reviews, the Department
concludes that Kolon has met its burden of providing proper
certification to satisfy the requirements for revocation in accordance
with 19 CFR 351.222. The Department's preliminary analysis of the
factors related to our decision to revoke the order with regard to
Kolon is described in further detail in the Revocation Memorandum. The
Department hereby adopts the conclusions described in the Revocation
Memorandum and determines the following: (a) Kolon has made the proper
certifications as described under 19 CFR 351.222(e) and 19 CFR
351.222(b); (b) Kolon has not made sales at less than fair value for
three consecutive years covered by the three most recently completed
administrative review periods, in accordance with 19 CFR
351.222(b)(2)(i)(A); (c) Kolon has made sales to the United States in
commercial quantities over the three consecutive years covered by the
three most recently completed administrative review periods in
accordance with 19 CFR 351.222(d)(1); and d) in accordance with 19 CFR
351.222(b)(2)(i)(C), that the continued application of the antidumping
order with respect to Kolon is not otherwise necessary to offset
dumping. Therefore, the Department is revoking the antidumping order on
PET film from the Korea with respect to Kolon, effective for entries
made after May 31, 2010.
The Department revoked in whole the antidumping duty order on PET
film Korea, effective October 20, 2010. See Polyethylene Terephthalate
Film, Sheet, and Strip from Korea: Revocation of Antidumping Duty
Order, 76 FR 57715 (September 16, 2011) (Revocation Notice); see also
``Termination of Suspension of Liquidation,'' below, for further
information. As a result of Kolon's revocation in part from the order,
Kolon's entries of PET film made from June 1, 2010, through October 19,
2010, are no longer subject to the antidumping duty order on PET film
from Korea. Accordingly, the Department will rescind the ongoing
administrative review for Kolon for the period June 1, 2010, through
May 31, 2011.\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, Requests for Revocations in Part and Deferral
of Administrative Reviews, 76 FR 45227 (July 28, 2011).
---------------------------------------------------------------------------
\5\ Because Kolon is the only respondent subject to the 2010-
2011 administrative review, the Department will rescind the 2010-
2011 review in its entirety.
---------------------------------------------------------------------------
Final Results of Review
The Department has determined that the following margin exists for
the period June 1, 2009, through May 31, 2010:
------------------------------------------------------------------------
Weighted
average
Manufacturer margin
(percentage)
------------------------------------------------------------------------
Kolon Industries, Inc................................... 0.32
------------------------------------------------------------------------
\1\ (de minimis).
Assessment Rates
Pursuant to these final results, the Department has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions for Kolon to CBP 15 days after the date of
publication of these final results. Pursuant to 19 CFR 351.212(b)(1),
we calculated importer-specific (or customer-specific) ad valorem duty
assessment rates based on the ratio of the total amount of the dumping
margins calculated for the examined sales to the total entered value of
those same sales. We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review if any importer-specific
(or customer-specific) assessment rate calculated in the final results
of this review is above de minimis.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the POR produced by Kolon for which Kolon
did not know the merchandise was destined for the United States. In
such instances, we will instruct CBP to liquidate un-reviewed entries
at the 21.50 percent all-others rate from the less-than-fair-value
investigation if there is no company-specific rate for an intermediary
involved in the transaction. See Polyethylene Terephthalate Film,
Sheet, and Strip From the Republic of Korea; Notice of Final Court
Decision and Amended Final Determination of Antidumping Duty
Investigation, 62 FR 50557 (September 26, 1997). See Assessment of
Antidumping Duties for a full discussion of this clarification.
Termination of Suspension of Liquidation
As explained above, on September 16, 2011, the Department revoked
the antidumping duty order on PET film from Korea effective October 20,
2010. See Revocation Notice. Pursuant to the revocation of the order,
the Department instructed CBP, on October 3, 2011, to terminate
suspension of liquidation and collection of cash deposits on entries of
the subject merchandise entered, or withdrawn from warehouse, on or
after October 20, 2010. Accordingly, entries of subject merchandise
after October 20, 2010, are not subject to suspension of liquidation or
antidumping duty deposit requirements. Therefore we are not issuing
antidumping duty deposit instructions to CBP.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(0 to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
[[Page 71514]]
Dated: November 4, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29491 Filed 11-17-11; 8:45 am]
BILLING CODE 3510-DS-M
