[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70901-70903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29271]


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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).

[[Page 70902]]

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:[sol][sol]www.ia.ita.doc.gov[sol]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:
    <bullet> 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.
    <bullet> 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 
importer-specific (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 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 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

[[Page 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