[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50456-50457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20681]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Polyethylene Terephthalate Film, Sheet, and Strip From the 
Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined 
that Toray Advanced Materials Korea, Inc. (Toray Advanced Materials) is 
the successor-in-interest to Toray Saehan, Inc. (Toray Saehan). As a 
result, Toray Advanced Materials will be accorded the same treatment 
previously accorded Toray Saehan with regard to the antidumping duty 
order on polyethylene terephthalate film, sheet, and strip (PET film) 
from Korea, effective as of the date of publication of this notice in 
the Federal Register.

DATES: Effective Date: August 15, 2011.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Room 7866, Washington, DC 20230; telephone: 
(202) 482-6312 or (202) 482-0649, respectively.

Background

    The Department published an antidumping duty order on PET film from 
Korea on June 5, 1991. See Antidumping Duty Order and Amendment to 
Final Determination of Sales at Less Than Fair Value: Polyethylene 
Terephthalate Film, Sheet, and Strip From the Republic of Korea, 56 FR 
25669 (June 5, 1991). On September 26, 1997, the Department published 
the notice of final court decision and amended final determination on 
PET film from Korea. 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) (Antidumping Duty Investigation Amended 
Final). Based on the Department's redetermination on remand in 
Antidumping Duty Investigation Amended Final, Cheil Synthetics, Inc. 
(Cheil) was found to have been dumping at a margin of 36.33 percent.
    On July 5, 1996, the Department revoked the antidumping duty order 
on PET film from Korea with respect to Cheil because Cheil had not sold 
the subject merchandise at LTFV for at least three consecutive periods 
of review. See Polyethylene Terephthalate Film Sheet and Strip From the 
Republic of Korea; Final Results of Antidumping Duty Administrative 
Reviews and Notice of Revocation in Part, 61 FR 35177 (July 5, 1996). 
Subsequently, prior to the first sunset review, the Department 
published the final results of a changed circumstances review in which 
it found that Saehan Industries, Inc. (Saehan) was the successor-in-
interest to Cheil. See Polyethylene Terephthalate Film, Sheet and Strip 
From the Republic of Korea; Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 63 FR 3703 (January 26, 1998).
    The Department conducted another changed circumstances review in 
May 2000 in which it determined that Toray Saehan was the successor-in-
interest to Saehan (which, as explained above, was the successor-in-
interest to Cheil). See Polyethylene Terephthalate Film, Sheet and 
Strip From the Republic of Korea, Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 65 FR 34661 (May 
31, 2000).
    On December 21, 2010, Toray Advanced Materials filed a request for 
a changed circumstances review of the antidumping duty order on PET 
film from Korea. Toray Advanced Materials claimed it is the successor-
in-interest to Toray Saehan in accordance with section 751(b) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, and 
provided documentation supporting its assertion.
    On May 10, 2011, the Department published its initiation and 
preliminary results of changed circumstances review of the antidumping 
duty order on PET film from Korea. See Polyethylene Terephthalate Film, 
Sheet, and Strip From the Republic of Korea: Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review, 76 FR 27005 
(May 10, 2011) (Preliminary Results). The Department preliminarily 
determined that Toray Advanced Materials is the successor-in-interest 
to Toray Saehan and should be treated as such for purposes of the 
antidumping duty order. In the Preliminary Results, we stated that 
interested parties could submit case briefs to the Department no later 
than 15 days after the publication of the Preliminary Results in the 
Federal Register, and submit rebuttal briefs, limited to the issues 
raised in those case briefs, five days subsequent to the case briefs' 
due date. No party submitted case briefs or other comments on the 
Preliminary Results.

Scope of the Order

    Imports covered by the 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.
    Polyethylene terephthalate film, sheet, and strip is currently 
classifiable under the 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 of the 
scope of the order remains dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Toray Advanced Materials, the 
Department's analysis in the Preliminary Results (which we incorporate 
herein by reference), and in light of the fact that interested parties 
did not submit any comments during the comment period, the Department 
hereby determines that Toray Advanced Materials is the successor-in-
interest to Toray Saehan and is entitled to Toray

[[Page 50457]]

Saehan's treatment under the order (i.e., Toray Advanced Materials will 
inherit Toray Saehan's revocation from the order).

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection to 
liquidate entries of merchandise produced or exported by Toray Advanced 
Materials without regard to antidumping duties, as Toray Advanced 
Materials' predecessor, Toray Saehan, is revoked from the order.

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) and 
(2) of the Act and 19 CFR 351.216(e).

    Dated: August 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-20681 Filed 8-12-11; 8:45 am]
BILLING CODE 3510-DS-P