[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Notices]
[Pages 45222-45223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22688]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-807]
Polyethylene Terephthalate Film, Sheet, and Strip From the
Republic of Korea; Amendment of Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment of final results of antidumping duty
administrative review.
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SUMMARY: On July 16, 1997, the Department of Commerce (the Department)
published the final results of its administrative review of the
antidumping duty order on polyethylene terephthalate (PET) film, sheet,
and strip from the Republic of Korea (62 FR 38064). The review covered
two manufacturers/exporters of the subject merchandise to the United
States and the period June 1, 1995 through May 31, 1996. Based on the
correction of a ministerial error made in those final results, we are
publishing this amendment in accordance with 19 CFR 353.28(c).
EFFECTIVE DATE: August 26, 1997.
FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig,
AD/CVD Enforcement Group III, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3019 or 3833, respectively.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of 1930
(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
references to the Department's regulations are to the regulations as
codified at 19 CFR part 353 (April 1997).
SUPPLEMENTARY INFORMATION:
Background
On July 16, 1997, the Department published the final results of its
administrative review of the antidumping duty order on polyethylene
terephthalate (PET) film, sheet, and strip from the Republic of Korea
(62 FR 38064). Neither petitioners nor respondents submitted comments
on the final results in accordance with 19 CFR 353.28.
For the period of review (POR), June 1, 1995 through May 31, 1996,
the Department calculated de minimis (e.g., less than 0.5 percent)
weighted-average dumping margins for both SKC Limited (SKC) and STC
Corporation (STC), the two manufacturers/exporters subject to review.
However, the final results erroneously indicated that cash deposit
rates for the companies would be the company-specific rates calculated
during the POR. We are amending the final results to correct this
ministerial error. Because the weighted-average dumping margins for
both companies are de minimis during the POR, the cash deposit rate
will be zero percent for both companies. (See 19 CFR 353.6). These
deposit rates are in effect as of the date of publication of the final
results of this administrative review (July 16, 1997) and shall remain
in effect until publication of the final results of the next
administrative review.
Amended Final Results of Review
As the correction of the ministerial error did not require a
recalculation of the weighted-average dumping margins, the margins
continue to be:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Period of review (percent)
------------------------------------------------------------------------
SKC Limited.......................... 06/01/95-05/31/96 0.45
STC Corporation...................... 06/01/95-05/31/96 0.37
------------------------------------------------------------------------
[[Page 45223]]
The Department shall determine, and the Customs Service shall assess,
antidumping duties on all appropriate entries. Individual differences
between export price and normal value may vary from the percentages
stated above. The Department will issue appraisement instructions
directly to the Customs Service.
Furthermore, the following deposit requirements are in effect as of
the date of publication of the final results of this administrative
review (July 16, 1997) for all shipments of PET film from the Republic
of Korea within the scope of the order entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review (July 16, 1997), as
provided by section 751(a)(1) of the Tariff Act: (1) Because the
weighted-average dumping margins for SKC and STC are de minimis, the
cash deposit rates for these companies will be zero percent; (2) for
previously reviewed or investigated companies not listed above, the
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 the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) for all other producers and/or exporters of
this merchandise, the cash deposit rate will be 21.50 percent, the
``all others'' rate established in the remand redetermination of the
LTFV investigation, as explained below. These deposit requirements
shall remain in effect until publication of the final results of the
next administrative review.
On May 20, 1996, pursuant to court remand, the Department
recalculated the weighted-average dumping margins for the LTFV
investigation. As a result of the recalculation, the Department
established an ``all others'' rate of 21.50 percent. Final
Determination on Remand Pursuant to Court Order, E.I. Dupont de Nemours
& Co., Inc. versus United States, Court No. 91-07-00487, Slip Op. 96-56
(March 20, 1996). On February 5, 1997, the CIT affirmed the
Department's remand redetermination of the LTFV investigation. E.I.
DuPont De Nemours & Co., Inc., versus United States, Court No. 91-07-
00487, Slip Op. 97-17 (February 5, 1997). Accordingly, 21.50 percent is
the ``all others'' rate established in the LTFV investigation. Pursuant
to the CIT decisions in Floral Trade Council versus United States, 822
F. Supp. 766 (CIT 1993) and Federal Mogul Corporation versus United
States, 822 F. Supp. 782 (CIT 19930, this ``all others'' rate can only
be changed through an administrative review.
These amended final results of administrative review and notice are
in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C.
1675(a)(1) and 19 CFR 353.28(c).
Dated: August 15, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-22688 Filed 8-25-97; 8:45 am]
BILLING CODE 3510-DS-M
