Federal Register: October 27, 1999 (Volume 64, Number 207)NoticesPage 57862-57863From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr27oc99-59

DEPARTMENT OF COMMERCE

International Trade Administration

A-580-807Polyethylene Terephthalate Film, Sheet and Strip From Korea: Final Results of Antidumping Duty New Shipper Review

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

ACTION: Notice of final results of antidumping duty new shipper review.

SUMMARY: On July 30, 1999, the Department of Commerce (the Department) published the preliminary results of the new shipper review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from the Republic of Korea (64 FR 41380). The review covers one manufacturer/exporter of the subject merchandise to the United States and the period July 1, 1998 through December 31, 1998. We gave interested parties an opportunity to comment on the preliminary results. We received no comments.

We have determined that Hyosung Corporation (Hyosung) made no U.S. sales below normal value, and we will instruct the U.S. Customs Service to assess no antidumping duties for Hyosung for the period covered by this new shipper review.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/ CVD Enforcement Group III, Office 8, Import Administration, International Trade Administration, US Department Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-4475 or (202) 482-5222.

APPLICABLE STATUTE: Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act) are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to the regulations codified at 19 CFR Part 351 (1998).

SUPPLEMENTARY INFORMATION:

Background

On December 28, 1998, the Department received a request from Hyosung for a new shipper review pursuant to section 751(a)(2) of the Act and Section 351.214(b) of the Department's regulations. On February 2, 1999, we published the notice of initiation for this new shipper review (64 FR 5030). On July 30, 1999, the Department published in the Federal Register the preliminary results of its new shipper review of the antidumping duty order on PET film from Korea. We received no comments on our preliminary results. The final results of this review are unchanged from those presented in our preliminary results.

[Page 57863]Scope of the Review

Imports covered by this review 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 of more than 0.00001 inches (0.254 micrometers) thick. Roller transport cleaning film which has at least one of its surfaces modified by the application of 0.5 micrometers of SBR latex has also been ruled as not within the scope of the order.

PET film is currently classifiable under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.00. The HTS subheading is provided for convenience and for U.S. Customs purposes. The written description remains dispositive as to the scope of the product coverage.

The review covers the period July 1, 1998 through December 31, 1998. The Department is conducting this review in accordance with section 751(a)(2)(B) of the Act.

Final Results of Review

We determine that a margin of 0.00 percent exists for Hyosung for the period July 1, 1998 through December 31, 1998. We will disclose calculations performed in connection with these final results of review within 5 days of publication of this notice.

We will instruct the U.S. Customs Service not to assess antidumping duties on entries of the subject merchandise from Hyosung for the period of review.

Furthermore, the following deposit requirements shall be required for all shipments of PET film from the Republic of Korea entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of this new shipper review, as provided by section 751(a)(1) of the Act: (1) For Hyosung the cash deposit will be zero; (2) For merchandise exported by manufacturers or exporters not covered in this review but covered in the less-than-fair-value (LTFV) investigation or a previous administrative review, the cash deposit will continue to be the most recent rate published in the final determination or final results of review for which the manufacturer or exporter received a company-specific rate; (3) If the exporter is not a firm covered in this review or the original investigation, but the manufacturer is, the cash deposit rate will be that established for the manufacturer of the merchandise in the final results of the most recent review or the LTFV investigation; and (4) If neither the exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be 21.5%, the ``all others'' rate established in the LTFV investigation.

This notice serves as the 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 review period. 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.

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 351.305(a). 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 new shipper review and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d).

Dated: October 20, 1999. Richard W. Moreland, Acting Assistant Secretary for Import Administration.

FR Doc. 99-28057Filed10-26-99; 8:45 amBILLING CODE 3510-DS-M