[Federal Register Volume 75, Number 231 (Thursday, December 2, 2010)]
[Notices]
[Pages 75172-75173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30290]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: 
Final Results of Antidumping Duty Administrative Review

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

SUMMARY: On August 16, 2010, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on polyethylene terephthalate 
film, sheet, and strip (PET film) from Brazil for the period November 
6, 2008, through October 31, 2009. We gave interested parties an 
opportunity to comment on the preliminary results and received no 
comments. We have made no changes to Terphane, Inc.'s (Terphane's) 
margin for the final results of this review. The final weighted-average 
margin is listed below in the ``Final Results of Review'' section of 
this notice.

DATES: Effective Date: December 2, 2010.

FOR FURTHER INFORMATION CONTACT: Deborah Scott 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-
2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 16, 2010, the Department published the preliminary 
results of the administrative review of the antidumping duty order 
covering PET film from Brazil and invited interested parties to 
comment. See Polyethylene Terephthalate Film, Sheet, and Strip From 
Brazil: Preliminary Results of Antidumping Duty Administrative Review, 
75 FR 49900 (August 16, 2010) (Preliminary Results). This 
administrative review covers one respondent, Terphane. The petitioners

[[Page 75173]]

in this proceeding are DuPont Teijin Films, Mitsubishi Polyester Film, 
Inc., SKC, Inc., and Toray Plastics (America), Inc.
    In the Preliminary Results, the Department stated that interested 
parties may submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results at 49902. No 
interested parties submitted a case or rebuttal brief; therefore, there 
are no comments to address regarding the Department's determination in 
the Preliminary Results. We have not made any changes for the final 
results.

Period of Review

    The period of review (POR) is November 6, 2008, through October 31, 
2009.

Scope of the Order

    The products covered by this order 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 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.

Final Results of Review

    The Department has determined that the following antidumping duty 
margin exists for the period November 6, 2008, through October 31, 
2009:

------------------------------------------------------------------------
                 Producer/Exporter                     Margin (percent)
------------------------------------------------------------------------
Terphane, Inc......................................               44.36
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Because we are relying on total adverse facts available to 
establish the dumping margin for Terphane, we will instruct CBP to 
apply a dumping margin of 44.36 percent on all entries of PET film from 
Brazil that were produced and/or exported by Terphane and entered, or 
withdrawn from warehouse, for consumption during the POR. The 
Department intends to issue appropriate assessment instructions for 
Terphane to CBP 15 days after the date of publication of these final 
results of review.

Cash Deposit Requirements

    Furthermore, the following cash deposit requirements will be 
effective upon publication of these final results for all shipments of 
PET film from Brazil entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this administrative review, as provided by section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for 
Terphane will be the rate established in the final results of this 
review; (2) for other previously reviewed or investigated companies, 
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 or the 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; (4) if neither 
the exporter nor the manufacturer has its own rate, the cash-deposit 
rate will be 28.72 percent, the all-others rate established in the 
Final Determination. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: November 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-30290 Filed 12-1-10; 8:45 am]
BILLING CODE 3510-DS-P