Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 55043 

1Polyplex submitted a letter to the Department on 

August 11, 2008, in which it agreed with the 

Department’s Preliminary Determination. 

Chemicals, Inc., Norwalk, Connecticut; 

and Basell USA, Inc., Wilmington, 

Delaware (Controlling Entity: Basell NV, 

The Netherlands); and 

3. Change the address of the current 

Member from ‘‘JWC and Company LLC, 

of Macungie, Pennsylvania’’ to ‘‘JWC 

and Company, LLC, of Canton, 

Michigan’’. 

Dated: September 18, 2008. 

Jeffrey Anspacher, 

Director, Export Trading Company Affairs. 

[FR Doc. E8–22494 Filed 9–23–08; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–923] 

Raw Flexible Magnets From the 

People’s Republic of China: 

Countervailing Duty Order 

Correction 

In notice document E8–21719 

beginning on page 53849 in the issue of 

Wednesday, September 17, 2008 make 

the following correction: On page 53849, in the third column, 

under EFFECTIVE DATE, ‘‘December 17, 

2008’’ should read ‘‘September 17, 

2008’’. 

[FR Doc. Z8–21719 Filed 9–23–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–825] 

Notice of Final Determination of Sales 

at Less Than Fair Value: Polyethylene 

Terephthalate Film, Sheet, and Strip 

from Thailand 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: September 24, 2008. 

SUMMARY: On May 5, 2008, the 

Department of Commerce (the 

Department) published its preliminary 

determination in the investigation of 

sales at less than fair value of 

polyethylene terephthalate film, sheet, 

and strip (PET Film) from Thailand. See 

Notice of Preliminary Determination of 

Sales at Not Less Than Fair Value: 

Polyethylene Terephthalate Film, Sheet, 

and Strip from Thailand, 73 FR 24565 

(May 5, 2008) (Preliminary 

Determination). 

The Department has determined that 

PET Film is being, or is likely to be, sold 

in the United States at less than fair 

value, as provided in section 735 of the 

Tariff Act of 1930, as amended (the Act). 

The final weighted–average dumping 

margin is listed below in the section 

entitled ‘‘Final Determination of 

Investigation.’’ 

FOR FURTHER INFORMATION CONTACT: 

Stephen Bailey or Angelica Mendoza, 

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) 482–0193 or (202) 482– 

3019, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The preliminary determination in this 

investigation was published on May 5, 

2008. See Preliminary Determination. 

Since then, we conducted sales and cost 

verifications of the responses submitted 

by Polyplex Thailand Public Company 

Limited and Polyplex Americas, Inc. 

(collectively Polyplex). See Memoranda 

to the File from Stephen Bailey, Case 

Analyst, through Angelica L. Mendoza, 

Program Manager, Office 7, titled 

‘‘Verification of the Sales Responses of 

Polyplex Thailand Public Company 

Limited in the Antidumping 

Investigation of Polyethylene 

Terephthalate (PET) Film, Sheet, and 

Strip from Thailand’’ dated July 23, 

2008 (Polyplex Verification Report); and 

‘‘Verification of the U.S. Sales 

Responses of Polyplex Thailand Public 

Company Limited and its U.S. Affiliate, 

Polyplex (Americas), Inc., in the 

Antidumping Investigation of 

Polyethylene Terephthalate (PET) Film, 

Sheet, and Strip from Thailand,’’ dated 

July 23, 2008 (Polyplex Americas 

Verification Report); see also 

Memorandum to the File through Neal 

M. Halper, from Angela Strom, titled 

‘‘Verification of the Cost Response in 

the Investigation of Polyethylene 

Terephthalate (PET) Film, Sheet, and 

Strip from Thailand,’’ dated July 15, 

2008 (Polyplex Cost Verification 

Report). All verification reports are on 

file and available in the Central Records 

Unit (CRU), Room 1117, of the main 

Department of Commerce building. Based on the Department’s findings at 

verification, as well as the minor 

corrections presented by Polyplex at the 

start of the Thailand and U.S. 

verifications, we requested that 

respondent submit revised electronic 

sales databases for both the U.S. and 

comparison markets, and a revised cost 

database. See Letter from Angelica L. 

Mendoza, Program Manager, Office 7, to 

Polyplex, dated July 28, 2008. As 

requested, Polyplex submitted its 

revised sales and cost databases on July 

30, 2008. On July 31, 2008, Polyplex 

informed the Department that its July 

30, 2008, revised U.S. sales database 

contained a transcription error in the 

reported returned and net quantity 

fields relating to a sale that the 

Department instructed Polyplex to 

correct. See Letter from Angelica L. 

Mendoza, Program Manager, Office 7, to 

Polyplex, dated July 28, 2008, at 

question 13 and Polyplex’s letter to the 

Department dated July 31, 2008. The 

error did not impact other data fields of 

the sale in question and the Department 

corrected the transcription error in the 

U.S. margin program. See lines 2257 

through 2259 of the Department’s 

margin calculation program. 

We have also determined that an 

allegation of targeted dumping 

submitted by DuPont Teijin Films, 

Mitsubishi Polyester Film of America, 

Inc., SKC, Inc. and Toray Plastics 

(America), Inc. (collectively, petitioners) 

on March 28, 2008, and supplemented 

on April 17, 2008, and May 23, 2008, 

was inadequate. See Memorandum from 

Angelica L. Mendoza, Program Manager, 

Office 7, to Richard O. Weible, Director, 

Office 7, regarding ‘‘Analysis on 

Targeting Dumping,’’ dated June 30, 

2008 (Targeted Dumping Memo); see 

also Targeted Dumping section below. 

We received a case brief from 

petitioners on August 11, 2008, and a 

rebuttal brief from Polyplex on August 

14, 2008.1 On August 26, 2008, we 

rejected an argument, and part of an 

argument, contained in Polyplex’s 

rebuttal case brief because they 

constituted new arguments and were 

not a rebuttal of petitioners’ case brief. 

See the Department’s August 26, 2008, 

letter to Polyplex. On August 28, 2008, 

we received Polyplex’s revised rebuttal 

brief per our August 26, 2008, letter. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping investigation are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Final 

Determination of the Antidumping Duty 

Investigation of Polyethylene 

Terephthalate Film, Sheet, and Strip 

(PET Film) from Thailand’’ (Decision 

Memorandum) from Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration, to David M. Spooner, 

Assistant Secretary for Import 

Administration, dated September 17, 

2008, which is hereby adopted by this 

notice. A list of the issues which parties 

have raised and to which we have 


jlentini on PROD1PC65 with NOTICES
55044 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 

responded, all of which are in the 

Decision Memorandum, is attached to 

this notice as an appendix. Parties can 

find a complete discussion of all issues 

raised in this investigation and the 

corresponding recommendations in the 

Decision Memorandum which is on file 

in the CRU. In addition, a complete 

version of the Decision Memorandum 

can be accessed directly on the Web at 

http://ia.ita.doc.gov/. The paper copy 

and electronic version of the Decision 

Memorandum are identical in content. 

Targeted Dumping 

We determined that petitioners’ 

allegation of targeted dumping failed to 

address the Department’s concerns 

regarding the significance of price 

differences between allegedly targeted 

and non–targeted customers. Therefore, 

petitioners’ allegation did not allow the 

Department to determine whether 

observed price differences between 

allegedly targeted and non–targeted 

customers were significant. We 

concluded that for the final 

determination, we should continue to 

utilize the average–to-average 

methodology in calculating the final 

margins for Polyplex, which we are 

doing for the reasons set forth in the 

Decision Memorandum. 

Scope of Investigation 

The products covered by this 

investigation 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 purposes of Customs 

and Border Protection (CBP), our 

written description of the scope of this 

investigation is dispositive. 

Period of Investigation 

The period of investigation (POI) is 

July 1, 2006, through June 30, 2007. 

Verification 

As provided in section 782(i) of the 

Act, we verified the information 

submitted by Polyplex for use in our 

final determination. We used standard 

verification procedures including 

examination of relevant accounting and 

production records, and original source 

documents provided by Polyplex. 

Changes since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

both the sales and cost verifications, we 

have made certain changes to the 

margin calculation for Polyplex. With 

regard to cost, we have revised the 

amounts reported for direct materials, 

labor and fixed overhead costs 

associated with the production of PET 

Film. We have also recalculated the 

general and administrative (G&A) 

expense rate using our adjusted cost of 

sales figure as the denominator of the 

rate calculation. See Memorandum to 

the File from Angela Strom titled ‘‘Cost 

of Production and Constructed Value 

Calculation Adjustments for the Final 

Determination Polyplex (Thailand) 

Public Company Ltd. (‘‘Polyplex’’)’’ 

dated September 17, 2008 (Cost 

Calculation Memorandum). 

With regard to sales, the Department 

determined that it is more appropriate 

to use sales of identical non–prime 

merchandise to certain U.S. customers 

as the basis of the margin for sales to a 

U.S. customer for whom we are 

applying the special rule, because all 

the transactions to that U.S. customer 

were of the same merchandise. 

Additionally, the Department has 

adjusted the indirect selling expense 

(ISE) ratio for Polyplex Thailand Public 

Company Limited because there was 

insufficient record evidence to support 

Polyplex’s offset to ISE for storage of 

non–subject merchandise. The 

Department also adjusted the ISE ratio 

for Polyplex Americas, Inc. (PA) 

because expenses associated with one of 

Polyplex’s product divisions, expenses 

which Polyplex removed from PA’s ISE 

ratio, properly belong in the ISE 

expenses of PA as a whole. See Decision 

Memorandum at Comments 4, 5 and 6. 

For a discussion of these changes, see 

Memorandum to the File from Stephen 

Bailey, Case Analyst, through Angelica 

L. Mendoza, Program Manager, Office 7, 

titled ‘‘Analysis Memorandum for the 

Final Determination of Administrative 

Review of Polyethylene Terephthalate 

Film, Sheet, and Strip (PET Film) from 

Thailand: Polyplex Thailand Public 

Company Limited and Polyplex 

Americas, Inc.,’’ dated September 17, 

2008 (Sales Analysis Memorandum). 

Final Determination of Investigation 

We determine that the following 

weighted–average dumping margin 

exists for the company listed below for 

the period July 1, 2006, through June 30, 

2007: 

Manufacturer or 

Exporter 

Weighted–Average 

Margin 

(Percentage) 

Polyplex ........................ 6.07 

All Others ...................... 6.07 

Suspension of Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act, we will instruct CBP to suspend 

liquidation of all entries of subject 

merchandise from Thailand entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this final determination. 

We will instruct CBP to require a cash 

deposit or the posting of a bond equal 

to the weighted–average margin, as 

indicated in the chart above, as follows: 

(1) the rate for Polyplex will be 6.07 

percent; (2) if the exporter is not a firm 

identified in this investigation but the 

producer is, the rate will be the rate 

established for the producer of the 

subject merchandise; (3) the rate for all 

other producers or exporters will be 

6.07 percent. These suspension–ofliquidation instructions will remain in 

effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that material injury or threat 

of material injury does not exist, the 

proceeding will be terminated and all 

securities posted will be refunded or 

canceled. If the ITC determines that 

such injury does exist, the Department 

will issue an antidumping duty order 

directing CBP to assess antidumping 

duties on all imports of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the effective date of the suspension 

of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 55045 

with 19 CFR 351.305. Timely 

notification of return/destruction 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. 

This determination is issued and 

published pursuant to sections 735(d) 

and 777(i)(1) of the Act and 19 CFR 

351.210(c). 

Dated: September 17, 2008. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

Appendix 

Issues 

Comment 1: Whether Polyplex 

Understated the Cost of Polymer Chips 

for PET Film Production 

Comment 2: Whether Polyplex 

Understated Labor Costs associated with 

PET Film Production 

Comment 3: Whether Polyplex Correctly 

Reported the Cost of Sales Denominator 

for the General and Administrative 

Expense Ratio 

Comment 4: Whether Polyplex 

Understated Warehousing Expenses and 

Misclassified Warehousing Expenses as 

Indirect Selling Expenses 

Comment 5: Whether Polyplex 

Understated the Indirect Selling 

Expenses Incurred by Polyplex America, 

Inc. 

Comment 6: Whether the Department 

Should Apply the Dumping Margin 

Calculated on Sales of Identical 

Merchandise to the Further 

Manufactured Sales 

Comment 7: Whether to Accept 

Petitioners’ Targeted Dumping 

Allegation 

Comment 8: Clerical Error 

[FR Doc. E8–22472 Filed 9–23–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Feedback Survey 

for Annual Tsunami Warning 

Communications Tests 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before November 24, 

2008. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Jeff Lorens, 801–524–4000 

ext. 265 or Jeffrey.Lorens@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

To assess the effectiveness of NOAA/ 

National Weather Service’s (NWS) 

Tsunami Warning System, this survey is 

needed to gather specific feedback 

following testing of the associated NWS 

communications systems. The tests are 

planned annually, March/April and 

September. Post-test feedback will be 

requested from emergency managers, 

the media, law enforcement officials, 

local government agencies/officials, and 

the general public. The responses will 

be solicited for a limited period 

immediately following completion of 

the tests, not to exceed seven days. This 

will be a Web-based survey and will 

allow for efficient collection of 

information regarding the effectiveness 

of the Tsunami Warning System. 

II. Method of Collection 

A Web-based survey will be used for 

electronic submission. 

III. Data 

OMB Number: 0648–0539. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Individuals or 

households, Federal Government, and 

State, local or tribal government. 

Estimated Number of Respondents: 

1,100. 

Estimated Time per Response: 5 

minutes. 

Estimated Total Annual Burden 

Hours: 92. 

Estimated Total Annual Cost to 

Public: $0. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: September 19, 2008. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E8–22413 Filed 9–23–08; 8:45 am] 

BILLING CODE 3510–KE–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK45 

Endangered and Threatened Species; 

Recovery Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of Availability; request 

for comments. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces the 

availability of the Proposed Middle 

Columbia River Steelhead Recovery 

Plan (Plan) for public review and 

comment. The Plan addresses the 

Middle Columbia River Steelhead 

(Oncorhynchus mykiss) Distinct 

Population Segment (DPS), which 

spawns and rears in tributaries to the 

Columbia River in central and eastern 

Washington and Oregon. NMFS is 

soliciting review and comment from the 

public and all interested parties on the 

Proposed Plan. 

DATES: NMFS will consider and address 

all substantive comments received 

during the comment period. Comments 

must be received no later than 5 p.m. 

Pacific daylight time on December 23, 

2008. 

ADDRESSES: Please send written 

comments and materials to Lynn 

Hatcher, National Marine Fisheries 

Service, 304 S. Water Street, Suite # 


jlentini on PROD1PC65 with NOTICES