73 FR 66595, November 10, 2008
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-841, A-570-924, A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil,
the People's Republic of China and the United Arab Emirates:
Antidumping Duty Orders and Amended Final Determination of Sales at
Less Than Fair Value for the United Arab Emirates
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing antidumping duty orders on polyethylene
terephthalate film, sheet, and strip (PET Film) from Brazil, the
People's Republic of China (PRC), and the United Arab Emirates (UAE).
On October 31, 2008, the ITC notified the Department of its
determination that the U.S. industry is threatened with material
injury. See PET Film from Brazil, the PRC, and the UAE (Investigation
Nos. 731-TA-1131-1134 (Final), USITC Publication 4040, October 2008).
In addition, the Department is amending the final dumping margins for
the UAE.
DATES: Effective Date: November 10, 2008.
FOR FURTHER INFORMATION CONTACT: Mike Heaney (Brazil), Scot Fullerton
(PRC), or Douglas Kirby (UAE), Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475, (202) 482-1386, or (202) 482-3782, respectively.
SUPPLEMENTARY INFORMATION:
Background
    On September 24, 2008, the Department published its final
determinations of sales at less than fair value in the antidumping duty
investigations of PET Film from Brazil, the PRC, and the UAE. See
Notice of Final Determination of Sales at Less Than Fair Value:
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, 73 FR
55035 (September 24, 2008); Polyethylene Terephthalate Film, Sheet, and
Strip from the People's Republic of China: Final Determination of Sales
at Less Than Fair Value, 73 FR 55039 (September 24, 2008); and
Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab
Emirates: Final Determination of Sales at Less Than Fair Value, 73 FR
55036 (September 24, 2008) (UAE Final Determination).
    Also, on September 24, 2008, Flex Middle East FZE (Flex UAE),
respondent in the UAE investigation, timely alleged ministerial errors
in the UAE Final Determination. See ``Amendment to the UAE Final
Determination'' section below.
    On October 31, 2008, the ITC notified the Department of its final
determination pursuant to section 735(b)(1)(A)(ii) of the Tariff Act of
1930, as amended (the Act), that an industry in the United States is
threatened with material injury by reason of less than fair value
imports of subject merchandise from Brazil, the PRC, and the UAE. See
letter from the ITC to the Secretary of Commerce, ``Notification of
Final Affirmative Determination of Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from Brazil, the People's Republic of China
(PRC), and the United Arab Emirates (UAE) (Investigation Nos. 701-TA-
452, 731-TA-1129, 731-TA-1130),'' dated October 31, 2008. Pursuant to
section 736(a) of the Act, the Department is publishing antidumping
duty orders on the subject merchandise.
Scope of the Orders
    The products covered by each of these orders are all gauges of raw,
pre-treated, or primed PET film, whether extruded or co-extruded.
Excluded are metallized films and other finished films that have had at
least one of their surfaces modified by the application of a
performance-enhancing resinous or inorganic layer more than 0.00001
inches thick. Also excluded is roller transport cleaning film which has
at least one of its surfaces modified by
[[Page 66596]]
application of 0.5 micrometers of SBR latex. Tracing and drafting film
is also excluded. PET film is classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United States
(HTSUS). While HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of these orders
is dispositive.
Amendment to the UAE Final Determination
    As noted above, on September 24, 2008, Flex UAE, the sole
respondent in the UAE investigation, timely alleged ministerial errors
in the UAE Final Determination. After examining Flex UAE's allegations,
the Department determined that there were two ministerial errors. The
Department's consideration of Flex UAE's allegations and correction of
the ministerial errors are presented in the Memorandum to Barbara E.
Tillman, Director, AD/CVD Operations, Office 6: ``Ministerial Error
Allegations--Final Determination of Sales at Less Than Fair Value of
Polyethylene Terephthalate Film, Sheet and Strip (PET Film) from the
United Arab Emirates: Flex Middle East FZE (Flex UAE),'' dated October
14, 2008, available in the public file in the Central Records Unit
(CRU), Room 117, of the Main Commerce Building.
    As a result of correcting for these ministerial errors, we are
amending the UAE Final Determination with respect to Flex UAE. The
amended weighted-average dumping margin for Flex UAE has changed from
4.80 percent to 4.05 percent. As Flex UAE's margin was the basis for
the all others rate, we are also amending the all others rate to 4.05
percent.
Antidumping Duty Orders
    On October 31, 2008, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing PET Film is threatened with
material injury within the meaning of section 735(b)(1)(A)(ii) of the
Act by reason of imports of subject merchandise at less than fair value
from Brazil, the PRC, and the UAE. In accordance with section 736(a)(1)
of the Act, the Department will direct U.S. Customs and Border
Protection (CBP) to assess, upon further information from the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or the constructed
export price) of the merchandise for all relevant entries of PET Film
from Brazil, the PRC, and the UAE.
    Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act. Section 736(b)(1) states that
``{i{time} f the Commission, in its final determination under section
735(b), finds material injury or threat of material injury which, but
for the suspension of liquidation under section 733(d)(2) would have
led to a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under section
733(d)(2), shall be subject to the imposition of antidumping duties
under section 731.'' In addition, section 736(b)(2) of the Act requires
CBP to release any bond or other security, and refund any cash deposit
made of estimated antidumping duties posted since the Department's
preliminary antidumping duty determinations. Because the ITC's final
determinations in these cases is based on the threat of material injury
and is not accompanied by a finding that injury would have resulted,
but for the imposition of suspension of liquidation of entries since
the Department's preliminary determinations, section 736(b)(2) of the
Act is applicable. Therefore, the Department will direct CBP to assess,
upon further information from the Department, antidumping duties on all
unliquidated shipments of PET Film from Brazil, the PRC, and the UAE
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination of
threat of material injury in the Federal Register .
Cash Deposit Requirements
    Effective on the date of publication of the ITC's notice of final
determination in the Federal Register , CBP will require, at the same
time as importers would deposit estimated normal customs duties on this
merchandise, cash deposits for the subject merchandise equal to the
estimated weighted-average antidumping margins listed below. See
section 736(a)(3) of the Act. The all others rates or PRC-wide rate, as
applicable, apply to all producers or exporters not specifically
listed.
                                 Brazil
------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
Terphane Inc............................................           44.36
All Others..............................................           28.72
------------------------------------------------------------------------
                     The People's Republic of China
------------------------------------------------------------------------
                                                             Weighted-
             Exporter                     Producer        average margin
                                                             (percent)
------------------------------------------------------------------------
DuPont Teijin Films China Ltd.....   DuPont Hongji Films            3.49
                                     Foshan Co. Ltd..
DuPont Teijin Films China Ltd.....   DuPont Teijin                  3.49
                                     Hongji Films Ningbo
                                     Co., Ltd..
Fuwei Films (Shandong) Co., Ltd...   Fuwei Films                    3.49
                                     (Shandong) Co.,
                                     Ltd..
Shaoxing Xiangyu Green Packing       Shaoxing Xiangyu               3.49
 Co., Ltd.                           Green Packing Co.,
                                     Ltd.
Sichuan Dongfang Insulating          Sichuan Dongfang               3.49
 Material Co., Ltd.                  Insulating Material
                                     Co. Ltd.
Tianjin Wanhua Co., Ltd...........   Tianjin Wanhua Co.,            3.49
                                     Ltd..
Shanghai Uchem Co., Ltd...........   Sichuam Dongfang               3.49
                                     Insulating Material
                                     Co., Ltd.
Shanghai Uchem Co., Ltd...........   Shanghai Xishu                 3.49
                                     Electric Material
                                     Co., Ltd.
PRC-wide Entity (including          ....................           76.72
 Jiangyin Jinzhongda New Material
 Co., Ltd.).
------------------------------------------------------------------------
[[Page 66597]]
                        The United Arab Emirates
------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
Flex Middle East FZE....................................            4.05
All others..............................................            4.05
------------------------------------------------------------------------
Termination of Suspension of Liquidation
    The Department will also instruct CBP to terminate the suspension
of liquidation for entries of PET Film from Brazil, the PRC, and the
UAE entered, or withdrawn from warehouse, for consumption prior to the
publication of the ITC's notice of final determination, and refund any
cash deposits made and release any bonds posted between the publication
of the Department's preliminary determinations on May 5, 2008, and the
publication of the ITC's final determinations in the Federal Register.
    This notice constitutes the antidumping duty orders with respect to
PET Film from Brazil, the PRC, and the UAE, pursuant to section 736(a)
of the Act. Interested parties may contact the Department's CRU, Room
1117 of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
    These orders and amended determination are issued and published in
accordance with sections 736(a), 735(e), and 777(i)(1) of the Act and
19 CFR 351.211(b).
    Dated: November 5, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-26802 Filed 11-6-08; 11:15 am]
BILLING CODE 3510-DS-P