55042 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 

Disclosure 

We will disclose the calculations 

performed within five days of the date 

of publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

We will instruct U.S. Customs and 

Border Protection (‘‘CBP’’) to continue 

the suspension of liquidation required 

by section 735(c)(1)(B) of the Act, of all 

entries of subject merchandise from 

DTFC, the SR Applicants, and the PRC– 

wide entity entered, or withdrawn from 

warehouse, for consumption on or after 

May 5, 2008, the date of publication of 

the Preliminary Determination. CBP 

shall continue to require a cash deposit 

or the posting of a bond equal to the 

estimated amount by which the normal 

value exceeds the U.S. price as shown 

above. See section 735(c)(1)(B)(ii) of the 

Act. The suspension of liquidation 

instructions will remain in effect until 

further notice. 

ITC Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (‘‘ITC’’) 

of our final determination of sales at 

LTFV. As our final determination is 

affirmative, in accordance with section 

735(b)(2) of the Act, within 45 days the 

ITC will determine 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. See section 

735(c)(2) of the Act. 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entered, or withdrawn from warehouse, 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. 

See id.; section 736 of the Act. 

Notification Regarding APO 

This notice also serves as a reminder 

to the parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return or 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 and notice are 

issued and published in accordance 

with sections 735(d) and 777(i)(1) of the 

Act. 

Dated: September 17, 2008. 

Stephen J. Claeys, 

Acting Assistant Secretaryfor Import 

Administration. 

Appendix I 

DISCUSSION OF THE ISSUES: 

Comment 1: Surrogate Value for PET 

Chips 

Comment 2: Surrogate Value for Paper 

Cores 

Comment 3: Revisions to Financial 

Ratio Calculations 

[FR Doc. E8–22454 Filed 9–23–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Export Trade Certificate of Review 

ACTION: Notice of Application To 

Amend an Export Trade Certificate of 

Review Issued to U.S. Shippers 

Association. 

SUMMARY: Export Trading Company 

Affairs (‘‘ETCA’’), International Trade 

Administration, Department of 

Commerce, has received an application 

to amend an Export Trade Certificate of 

Review (‘‘Certificate’’). This notice 

summarizes the proposed amendment 

and requests comments relevant to 

whether the Certificate should be 

issued. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Anspacher, Director, Export 

Trading Company Affairs, International 

Trade Administration, (202) 482–5131 

(this is not a toll-free number) or e-mail 

at oetca@ita.doc.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. An Export 

Trade Certificate of Review protects the 

holder and the members identified in 

the Certificate from state and federal 

government antitrust actions and from 

private treble damage antitrust actions 

for the export conduct specified in the 

Certificate and carried out in 

compliance with its terms and 

conditions. Section 302(b)(1) of the 

Export Trading Company Act of 1982 

and 15 CFR 325.6(a) require the 

Secretary to publish a notice in the 

Federal Register identifying the 

applicant and summarizing its proposed 

export conduct. 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether an amended Certificate should 

be issued. If the comments include any 

privileged or confidential business 

information, it must be clearly marked 

and a non-confidential version of the 

comments (identified as such) should be 

included. Any comments not marked as 

privileged or confidential business 

information will be deemed to be nonconfidential. An original and five (5) 

copies, plus two (2) copies of the nonconfidential version, should be 

submitted no later than 20 days after the 

date of this notice to: Export Trading 

Company Affairs, International Trade 

Administration, U.S. Department of 

Commerce, Room 7021–B H, 

Washington, DC 20230. Information 

submitted by any person is exempt from 

disclosure under the Freedom of 

Information Act (5 U.S.C. 552). 

However, non-confidential versions of 

the comments will be made available to 

the applicant if necessary for 

determining whether or not to issue the 

Certificate. Comments should refer to 

this application as ‘‘Export Trade 

Certificate of Review, application 

number 85–15A18.’’ 

A summary of the application for an 

amendment follows. 

Summary of the Application 

Applicant: U.S. Shippers Association 

(‘‘USSA’’), 3715 East Valley Drive, 

Missouri City, Texas 77459. 

Contact: John S. Chinn, Project 

Director to USSA, Telephone: (734) 

927–4328. 

Application No.: 85–15A18. 

Date Deemed Submitted: September 

17, 2008. 

The original USSA Certificate was 

issued on June 3, 1986 (51 FR 20873, 

June 9, 1986) and last amended on 

January 16, 2008 (73 FR 3944, January 

23, 2008). 

Proposed Amendment: USSA seeks to 

amend its Certificate to: 

1. Add each of the following 

companies as a new ‘‘Member’’ of the 

Certificate within the meaning of 

section 325.2(1) of the Regulations (15 

CFR 325.2(1)): Guardian Industries 

Corp., Auburn Hills, Michigan; 

Alpharma Inc., Bridgewater, New Jersey; 

LyondellBasell Industries A.F.S.C.A., 

Rotterdam, The Netherlands; and Dawn 

K. Peterson, Katy, Texas; 

2. Delete the following companies as 

‘‘Members’’ of the Certificate: Arch 


jlentini on PROD1PC65 with NOTICES
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