[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Notices]
[Pages 58129-58131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21840]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-583-837)


Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: 
Notice of Amended Final Results of Antidumping Duty Administrative 
Review and Correction to the Final Results of Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review.

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EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT: Tom Martin or Zev Primor at (202) 482-
3936 and (202) 482-4114, respectively; Office of AD/CVD Enforcement 
Office IV, Import Administration, Room 1870, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230.

[[Page 58130]]

SUMMARY: The Department of Commerce (``the Department'') is amending 
the final results of administrative review of the antidumping duty 
order on polyethylene terephthalate film, sheet, and strip (``PET 
film'') from Taiwan to reflect the correction of a ministerial error in 
those final results. The Department is also correcting the incorrect 
``All Others'' rate that was published in the final results. The period 
of review (``POR'') is December 21, 2001, through June 30, 2003.

SUPPLEMENTARY INFORMATION:

Background

    On August 13, 2004, the Department published the final results of 
administrative review of the antidumping duty order on PET film from 
Taiwan. See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Final Results of Antidumping Duty Administrative Review, 69 FR 
50166 (August 13, 2004) (``Final Results''). On August 12, 2004, the 
respondent Nan Ya Plastics Corporation, Ltd. (``Nan Ya'') submitted 
comments alleging that the Department made a ministerial error in the 
Final Results, by deducting certain expenses from the calculation of 
constructed export price. On August 18, 2004, the petitioners\1\ filed 
rebuttal comments.
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    \1\ The petitioners in this review are DuPont Teijin Films, 
Mitsubishi Polyester Film of America, and Toray Plastics (America), 
Inc. (collectively, the petitioners).
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Scope of the Review

    For purposes of this administrative review, the products covered 
are all gauges of raw, pretreated, or primed PET film, 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 more 
than 0.00001 inches thick. Imports of PET film are currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') under item number 3920.62.00. HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
of the scope of this proceeding is dispositive.

Amended Final Results

    After reviewing the allegation and the rebuttal comments, we have 
determined that the Final Results did include a ministerial error, and 
we have amended our calculations accordingly. The revised final 
weighted-average dumping margin for Nan Ya, as indicated in the 
``Amended Final Results'' section below, is 1.94 percent. For a 
detailed discussion of the Department's analysis of the ministerial 
error allegation, see Memorandum from Mark Manning, Acting Program 
Manager, to Holly A. Kuga, Senior Director, Office 4, ``Allegation of 
Ministerial Error,'' dated concurrently with this notice.
    Additionally, in the Final Results, the Department published an 
incorrect rate for the ``All Others'' category. Specifically, the 
Department incorrectly identified the ``All Others'' rate as 2.56 
percent, rather than the correct rate of 2.40 percent. The correct rate 
of 2.40 percent was calculated in the amended final results of the 
less-than-fair-value (``LTFV'') investigation. See Notice of Amended 
Final Antidumping Duty Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and 
Strip (PET Film) from Taiwan, 67 FR 44174 (July 1, 2002) (``Amended 
LTFV Final'').
    Pursuant to section 751(h) of the Tariff Act of 1930, as amended 
(``the Act''), we have amended the Final Results by correcting the 
ministerial error. Consequently, we will issue amended cash-deposit 
instructions to U.S. Customs and Border Protection (``CBP'') to reflect 
the amendment of the final results of review. The revised weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporter                      (percent)
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Nan Ya Plastics Corporation, Ltd.............................       1.94
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Assessment

    The Department will determine, and CBP will assess, antidumping 
duties on all appropriate entries. Pursuant to 19 C.F.R. Sec.  
351.212(b)(1), we calculated 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. For 
those sales where the respondent did not report actual entered value, 
we calculated importer-specific assessment rates based upon the net 
U.S. price. In accordance with 19 C.F.R. Sec.  351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties all 
entries of subject merchandise during the POR for which the importer-
specific assessment rate is zero or de minimis (i.e., less than 0.50 
percent). To determine whether the per-unit duty assessment rates are 
de minimis (i.e., less than 0.50 percent), in accordance with the 
requirement set forth in 19 C.F.R. Sec.  351.106(c)(2), we calculated 
importer-specific ad valorem ratios based on export prices. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these amended final results of 
review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of amended final results of administrative 
review for all shipments of PET film from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for Nan Ya will be the rate shown above; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original 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 (4) if 
neither the exporter nor the manufacturer is a firm covered in these or 
any previous reviews conducted by the Department, the cash deposit rate 
will be the ``All Others'' rate established in the Amended LTFV Final, 
which is 2.40 percent.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 C.F.R. Sec.  351.402(f)(2) to file a 
certificate regarding the reimbursement of antidumping duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 C.F.R. Sec.  351.305. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to

[[Page 58131]]

comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these amended final results in 
accordance with sections 751(h)of the Act and 19 C.F.R. Sec.  351.224.

    Dated: September 17, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-21840 Filed 9-28-04; 8:45 am]
BILLING CODE 3510-DS-S