[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Notices]
[Pages 5375-5377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3065]
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DEPARTMENT OF COMMERCE
[A-580-807]
Polyethylene Terephthalate Film, Sheet, and Strip From the
Republic of Korea; Amended Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of Antidumping Duty
Administrative Review.
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SUMMARY: On August 17, 1995, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping duty order on polyethylene terephthalate film, sheet,
and strip from the Republic of Korea (60 FR 42835). Clerical errors
which were timely filed by the parties were not corrected by the
Department prior to the time the parties filed suit with the Court of
International Trade (CIT). Therefore, leave was requested to correct
the clerical errors in this case. Pursuant to orders issued by the CIT
on November 16, 1995, and November 27, 1995, granting leave to the
Department to correct ministerial errors, we have corrected several
ministerial errors with respect to sales of subject merchandise by four
Korean manufacturers/exporters. The errors were present in our final
results of review. The review covers the period November 30, 1990,
through May 31, 1992. We are publishing this amendment to the final
results of review in accordance with 19 C.F.R. 353.28(c) and the orders
issued by the CIT.
EFFECTIVE DATE: February 12, 1996.
FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr. or Thomas F.
Futtner, Office of Antidumping Compliance, Import Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230, telephone: (202) 482-0651/3814.
SUPPLEMENTARY INFORMATION:
Background
The review covers four manufacturers/exporters of polyethylene
terephthalate (PET) film from the Republic of Korea (Korea): Cheil
Synthetics, Inc. (Cheil), SKC Limited (SKC), Kolon Industries, Inc.
(Kolon), and STC Corporation (STC), and the period November 30, 1990
through May 31, 1992. The Department published the preliminary results
of review on July 8, 1994 (59 FR 35098), and the final results of
review on August 17, 1995 (60 FR 42835).
[[Page 5376]]
Clerical errors which were timely filed by the parties were not
corrected by the Department prior to the time the parties filed suit
with the CIT. Therefore, leave was requested to correct the clerical
errors in this case. On November 16, 1995, and November 27, 1995, the
CIT issued orders granting leave to the Department to correct
ministerial errors in these final results.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute and to the
Department's regulations are references to the provisions as they
existed on December 31, 1994.
Scope of Review
Imports covered by the 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.
For most of the respondents the period of review (POR) covers
November 30, 1990 through May 31, 1992. Because Cheil was determined to
have a de minimis margin in the Preliminary Determination of Sales at
Less Than Fair Value (56 FR 16305) (LTFV), Cheil's POR begins on April
22, 1991, when suspension of its merchandise was first ordered, and
runs through May 31, 1992.
Ministerial Errors in Final Results of Review
The CIT granted leave to the Department to correct ministerial
errors. The Department determined that it made the following clerical
errors in the final results:
All Respondents
In the final calculations, the Department's cost of production
(COP) test for all respondents inadvertently retained products sold
below the COP in less than three months. We corrected the COP test
calculations for all respondents by revising the COP test to exclude
those products from our dumping analysis which were sold in less than
three months during the period of review (POR) and were also sold below
COP for those months (i.e., a product sold in two months would be
excluded from analysis if that product was sold below COP for two
months).
Cheil
In our final calculations we inadvertently failed to add Cheil's
duty drawback for local export sales (a type of home market sale) to
Cheil's net home market price before conducting the COP test. We
corrected this clerical error by adding duty drawback to Cheil's net
home market price before conducting the COP test.
In our final calculations we inadvertently included packing and
imputed credit expenses twice in the calculation of constructed value
(CV). We corrected this by re-writing the CV program to include these
expenses only once.
Our final calculations contained a typographical error in the
product code variable in the difference-in-merchandise section. We
corrected this error by re-writing this section of the calculations
with the correct product code variable.
SKC
The final calculations contained a typographical error in the
variable name for two models of PET film in SKC's model-matching
section. We corrected this error by inserting the correct variable name
for these two models of PET film.
In our final calculations, we inadvertently re-calculated SKC's
imputed U.S. credit expense using date of sale for unpaid sales to
Anacomp instead of the date of payment. We corrected this error by re-
calculating SKC's U.S. credit expense using the date of payment.
Our final results calculations failed to use the proper data set
containing SKC's further-processed sales in the United States in
calculating SKC's exporter's sales price (ESP) transactions. We
corrected this error by using the proper data set for SKC's ESP
calculations. In our final calculations we incorrectly computed profit
attributable to further-processed sales by inadvertently deducting
SKC's U.S. movement expenses twice from this calculation. We corrected
this error by re-writing the further-processed sales program to deduct
these expenses only once.
Kolon
In the final calculations for Kolon we re-calculated Kolon's U.S.
inland insurance expense based upon revised data gathered at
verification. These calculations contained a typographical error. We
corrected the typographical error in the final calculations of Kolon's
U.S. inland insurance expense.
STC
For our final calculations we inadvertently re-calculated STC's
home market credit expense based upon a shorter payment period than its
actual payment period. We corrected our final calculations by computing
STC's home market credit expense based upon the actual payment period.
Amended Final Results of Review
Upon correction of the ministerial errors listed above, the
Department has determined that the following margins exist for the
periods indicated:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
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November 30, 1990 through May 31, 1992:
SKC Limited................................................. 0.11
Kolon Industries............................................ 0.60
STC Corporation............................................. 11.41
April 22, 1991 through May 31, 1992:
Cheil Synthetics............................................ 0.07
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The Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between USP and FMV may
vary from the percentages stated above. The Department will issue
appraisement instructions concerning each respondent directly to the
U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these amended final results of administrative review, as provided for
by section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for
the reviewed firms will be the rates outlined above, except for Cheil
and SKC, which, because their weighted-average margins were de minimis,
will be zero percent; (2) for previously reviewed or investigated
companies not listed above, 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, a prior review, or
in the original LTFV investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most
[[Page 5377]]
recent period for the manufacturer of the merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous review conducted by the Department in the LTFV
investigation, the cash deposit rate will be 4.82%, the all others rate
established in the LTFV investigation.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as the final reminder to importers of their
responsibility under 19 CFR 353.26 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 order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of the APO is a sanctionable
violation.
This amendment of final results of review and notice are in
accordance with section 751(f) of the Tariff Act (19 U.S.C. 1675(f))
and 19 CFR 353.28(c).
Dated: Janaury 31,1 996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3065 Filed 2-9-96; 8:45 am]
BILLING CODE 3510-DS-P
