Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 70901 

determinations by the International 

Trade Commission (‘‘ITC’’) that 

revocation of these AD and CVD orders 

would likely lead to a continuation or 

recurrence of material injury to an 

industry in the United States, the 

Department is publishing this notice of 

continuation of these AD and CVD 

orders. 

DATES: Effective Date: November 19, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Minoo Hatten (AD orders) or 

Christopher Hargett (CVD order), AD/ 

CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–1690 or (202) 482– 

4161, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 3, 2010, the Department 

initiated and the ITC instituted the third 

sunset reviews of the AD orders on 

castings from Brazil, Canada, and the 

PRC and the CVD order on castings from 

Brazil, pursuant to sections 751(c) and 

752 of the Tariff Act of 1930, as 

amended (‘‘the Act’’), respectively. See 

Initiation of Five-Year (‘‘Sunset’’) 

Review, 75 FR 23240 (May 3, 2010). As 

a result of its reviews, the Department 

found that revocation of the AD orders 

would likely lead to continuation or 

recurrence of dumping and that 

revocation of the CVD order would be 

likely to lead to continuation or 

recurrence of subsidization, and the 

Department notified the ITC of the 

margins of dumping and the subsidy 

rates likely to prevail were the orders to 

be revoked. See Certain Iron 

Construction Castings From Brazil, 

Canada, and the People’s Republic of 

China: Final Results of the Expedited 

Sunset Reviews of the Antidumping 

Duty Orders, 75 FR 54595 (September 8, 

2010), and Final Results of Expedited 

Sunset Review: Heavy Iron Construction 

Castings from Brazil, 75 FR 54596 

(September 8, 2010). 

On November 2, 2010, the ITC 

determined that revocation of the AD 

orders on castings from Brazil, Canada, 

and the PRC and the CVD order on 

castings from Brazil would be likely to 

lead to continuation or recurrence of 

material injury within a reasonably 

foreseeable time. See Iron Construction 

Castings From Brazil, Canada, and 

China; Determinations, 75 FR 67395 

(November 2, 2010), and USITC 

Publication 4191 (October 2010) entitled 

Iron Construction Castings From Brazil, 

Canada, and China (Investigation Nos. 

701–TA–249 and 731–TA–262, 263, and 

265 (Third Review)). 

Scope of the Orders 

The merchandise covered by the AD 

orders is as follows: 

Brazil—Certain iron construction 

castings from Brazil, limited to manhole 

covers, rings, and frames, catch basin 

grates and frames, cleanout covers and 

frames used for drainage or access 

purposes for public utility, water and 

sanitary systems, classifiable as heavy 

castings under Harmonized Tariff 

Schedule (‘‘HTS’’) item number 

7325.10.0010; and to valve, service, and 

meter boxes which are placed below 

ground to encase water, gas, or other 

valves, or water and gas meters, 

classifiable as light castings under HTS 

item number 7325.10.0050. The HTS 

item numbers are provided for 

convenience and customs purposes 

only. The written product description 

remains dispositive. 

Canada—Certain iron construction 

castings from Canada, limited to 

manhole covers, rings, and frames, catch 

basin grates and frames, clean-out 

covers, and frames used for drainage or 

access purposes for public utility, water 

and sanitary systems, classifiable as 

heavy castings under HTS item number 

7325.10.0010. The HTS item number is 

provided for convenience and customs 

purposes only. The written product 

description remains dispositive. 

PRC—Certain iron construction 

castings from the PRC, limited to 

manhole covers, rings and frames, catch 

basin grates and frames, cleanout covers 

and drains used for drainage or access 

purposes for public utilities, water and 

sanitary systems; and valve, service, and 

meter boxes which are placed below 

ground to encase water, gas, or other 

valves, or water or gas meters. These 

articles must be of cast iron, not alloyed, 

and not malleable. This merchandise is 

currently classifiable under HTS item 

numbers 7325.10.0010 and 

7325.10.0050. The HTS item numbers 

are provided for convenience and 

customs purposes. The written product 

description remains dispositive. 

The merchandise subject to the CVD 

order consists of certain heavy iron 

construction castings from Brazil. The 

merchandise is defined as manhole 

covers, rings and frames; catch basin 

grates and frames; and cleanout covers 

and frames used for drainage or access 

purposes for public utility, water and 

sanitary systems. The merchandise is 

currently classified under HTS item 

number 7325.10.00. The HTS item 

number is provided for convenience and 

customs purposes. The written product 

description remains dispositive. 

Determinations 

As a result of the determinations by 

the Department and the ITC that 

revocation of these AD and CVD orders 

would be likely to lead to continuation 

or recurrence of dumping or a 

countervailable subsidy and of material 

injury to an industry in the United 

States, pursuant to section 751(d)(2) of 

the Act, the Department hereby orders 

the continuation of the AD orders on 

castings from Brazil, Canada, and the 

PRC and the CVD order on castings from 

Brazil. U.S. Customs and Border 

Protection will continue to collect cash 

deposits at the rates in effect at the time 

of entry for all imports of subject 

merchandise. The effective date of 

continuation of these orders will be the 

date of publication in the Federal 

Register of this Notice of Continuation. 

Pursuant to sections 751(c)(2) and 

751(c)(6) of the Act, the Department 

intends to initiate the next five-year 

reviews of these orders not later than 

October 2015. 

These five-year (sunset) reviews and 

notice are in accordance with section 

751(c) of the Act and published 

pursuant to section 777(i)(1) of the Act. 

Dated: November 10, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–29265 Filed 11–18–10; 8:45 am] 

BILLING CODE 3510–DS–P 

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 14, 2010 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 Polyethylene Terephthalate 

Film, Sheet, and Strip from the Republic 

of Korea: Preliminary Results of 

Antidumping Duty Administrative 

Review, 75 FR 40784 (July 14, 2010) 

(Preliminary Results). This review 

covers one manufacturer/exporter of the 

subject merchandise to the United 

States, Kolon Industries, Inc. (Kolon). 


srobinson on DSKHWCL6B1PROD with NOTICES
70902 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 

The period of review (POR) is June 1, 

2008, through May 31, 2009. 

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.’’ 

DATES: Effective Date: November 19, 

2010. 

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) 482–5604 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This review covers one manufacturer/ 

exporter of the subject merchandise, 

Kolon. On July 14, 2010, the Department 

published in the Federal Register the 

preliminary results of the June 1, 2008, 

through May 31, 2009, 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 13, 2010, we 

received comments from DuPont Teijin 

Films, Mitsubishi Polyester Film, Inc., 

SKC, Inc. and Toray Plastics (America), 

Inc. (collectively petitioners) and Kolon. 

On August 18, 2010, we received 

rebuttal comments from Kolon. 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 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 

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 (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 

description remains dispositive as to the 

scope of the product coverage. 

Analysis of Comments Received 

All issues raised in the case briefs 

submitted by Kolon and petitioners are 

addressed in the ‘‘Issues and Decision 

Memorandum’’ (Decision Memorandum) 

from Susan H. Kuhbach, Acting Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration, 

dated November 12, 2010, 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 7046, 

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 which are discussed in the 

relevant sections of the Decision 

Memorandum and the Memorandum to 

the File, ‘‘Analysis of Data Submitted by 

Kolon Industries, Inc. (Kolon) for the 

Final Results of Polyethylene 

Terephthalate Film, Sheet, and Strip 

from Korea (A–580–807)’’, dated 

November 12, 2010. 

Specifically, we have made the 

following changes to the margin 

calculation: 

• We revised Kolon’s general and 

administrative expense ratio to (1) 

exclude from the numerator a reported 

gain on the sale of land; and (2) offset 

the denominator by the reported scrap 

revenue sold during the POR. 

• We also corrected clerical errors 

identified by Kolon which relate to SAS 

programming language in the U.S. 

Margin Program. In particular, we 

modified the U.S. Margin Program to 

reflect numeric values for certain 

product characteristics originally 

assigned a character value in the 

Preliminary Results. 

Final Results of Review 

We determine that the following 

weighted-average margin percentage 

exists for the period June 1, 2008, 

through May 31, 2009: 

Manufacturer/exporter Margin 

Kolon Industries, Inc de minimis (0.28 

percent). 

Assessment 

Pursuant to 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

will issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of the final 

results of this review. For assessment 

purposes, where possible, we calculated 

importer-specific (or customer-specific) 

ad valorem assessment rates for PET 

film from Korea based on the ratio of the 

total amount of the dumping duties 

calculated for the examined sales to the 

total entered value of those same sales. 

See 19 CFR 351.212(b). However, where 

Kolon did not report the entered value 

for its sales, we will calculate importerspecific (or customer-specific) per unit 

duty assessment rates. We will instruct 

CBP to assess antidumping duties on all 

appropriate entries covered by this 

review if any assessment rate calculated 

in the final results of this review is 

above de minimis. 

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 allothers 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 Antidumping 

Duty Investigation, 62 FR 50557 

(September 26, 1997). 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 70903 

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 12, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix—Comments in Decision 

Memo 

Comment 1: Clerical Error 

Comment 2: Kolon’s Profit Ratios 

Comment 3: G&A Expense Ratio (Gain on 

Sale of Land) 

Comment 4: G&A Expense Ratio (Calculation 

of the Denominator) 

Comment 5: U.S. Indirect Selling Expenses 

Comment 6: Domestic Inland Freight 

Comment 7: Offsetting of Negative Margins 

[FR Doc. 2010–29271 Filed 11–18–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA018 

Eastern North Pacific Gray Whale; 

Notice of Extension of Public 

Comment Period on Marine Mammal 

Protection Act Petition 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notification of availability; 

extension of public comment period. 

SUMMARY: On November 9, 2010, NMFS 

announced receipt of a petition to 

designate the Eastern North Pacific 

population of gray whales (Eschrichtius 

robustus) as a depleted stock under the 

Marine Mammal Protection Act 

(MMPA) and solicited comments on the 

petition. NMFS is extending the public 

comment period on the petition until 

December 8, 2010. 

DATES: Comments must be received by 

close of business on December 8, 2010. 

ADDRESSES: A copy of the petition may 

be requested from Chief, Marine 

Mammal and Sea Turtle Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910. 

You may submit comments, identified 

by 0648–XA018, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal 

http://www.regulations.gov. 

• Fax: 301–713–0376, Attn: Chief, 

Marine Mammal and Sea Turtle 

Conservation Division. 

• Mail: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Office 

of Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Shannon Bettridge or Dr. Gregory Silber, 

Office of Protected Resources, Silver 

Spring, MD, (301) 713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Interested persons may obtain the 

petition for review on the Internet at the 

following address: http://www.nmfs.

noaa.gov/pr/ or by contacting Dr. 

Shannon Bettridge or Dr. Gregory Silber 

(see FOR FURTHER INFORMATION CONTACT). 

The 2008 stock assessment report for 

Eastern North Pacific gray whales is 

available on the Internet at the following 

address: http://www.nmfs.

noaa.gov/pr/pdfs/sars/ak2008whgren.pdf. The Draft 2010 stock assessment 

report for Eastern North Pacific gray 

whales is available on the Internet at the 

following address: http://

www.nmfs.noaa.gov/pr/pdfs/

sars/ak2010_draft.pdf. 

Background 

The MMPA provides for interested 

parties to submit a petition to designate 

a population stock of marine mammals 

as depleted. Section 115(a)(3) of the 

MMPA (16 U.S.C. 1383b(a)(3)) requires 

NMFS to publish a notice in the Federal 

Register that such a petition has been 

received and is available for public 

review. Within 60 days of receiving a 

petition, NMFS must publish a finding 

in the Federal Register as to whether 

the petition presents substantial 

information indicating that the 

petitioned action may be warranted. 

On November 9, 2010, NMFS 

published a notice announcing receipt 

of a petition to designate the Eastern 

North Pacific population of gray whales 

(Eschrichtius robustus) as a depleted 

stock under the Marine Mammal 

Protection Act (MMPA) and solicited 

comments on the petition (75 FR 

68756). That Federal Register notice 

began NMFS’ 15-day public comment 

period ending on November 24, 2010. 

NMFS received the petition on October 

21, 2010, and therefore must publish its 

60-day finding no later than December 

20, 2010. 

NMFS subsequently received a 

request by the petitioners, the California 

Gray Whale Coalition, to extend the 

public comment period by 15 days to 

provide interested parties additional 

time to review the petition, compile 

additional materials, and prepare 

comments for submission to the agency. 

Since then, NMFS has received other 

requests to extend the public comment 

period. In this notice NMFS is 

extending the public comment period 

until December 8, 2010, to allow 

adequate time for the public to review 

and comment on the petition while 

allowing the agency sufficient time to 

thoughtfully consider public comments. 

To provide a more extended public 

comment period would preclude NMFS 

from meeting its statutory requirements 

under the MMPA to provide a 

determination within 60 days. 

Dated: November 16, 2010. 

David Cottingham, 

Chief, Marine Mammal and Sea Turtle 

Conservation Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–29259 Filed 11–18–10; 8:45 am] 

BILLING CODE 3510–22–P 


srobinson on DSKHWCL6B1PROD with NOTICES