[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Pages 42670-42671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20226]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-807]
Polyethylene 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.
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SUMMARY: On May 10, 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 25014). The review
covers one manufacturer/exporter of the subject merchandise to the
United States and the period June 1, 1997 through May 31, 1998. We gave
interested parties an opportunity to comment on the preliminary
results. We received no comments.
We have determined that HSI Industries (HSI) made no U.S. sales
below normal value, and we will instruct the U.S. Customs Service to
assess no antidumping duties for HSI for the period covered by this new
shipper review.
EFFECTIVE DATE: August 5, 1999.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or John Kugelman,
AD/CVD Enforcement Group III, Office 8, Import Administration,
International Trade Administration, US Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-4475/0649.
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 May 10, 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. Therefore, we have only changed our preliminary
results with respect to the currency conversion methodology discussed
below.
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 June 1, 1997 through May 31, 1998. The
Department is conducting this review in accordance wit section
751(a)(2)(B) of the Act.
Currency Conversion
As previously stated by the Department, we have determined that the
decline in the won at the end of 1997 was so precipitous an large that
the dollar-won exchange rate cannot reasonably be viewed as having
simply fluctuated during this time, i.e., as having experienced only a
momentary drop in value. See Emulsion Styrene Butadiene Rubber form the
Republic of Korea: Notice of Final Determination of Sales at Less Than
Fair Value, 64 FR 14865, 14867 (March 29, 1999). Therefore, the
Department used daily rates exclusively for currency conversion
purposes for home market sales matched to U.S. sales occurring between
November 1 and December 31, 1997, and the standard exchange rate model
with a modified benchmark for sales occurring between January 1, 1998
and February 28, 1998. The modified benchmark consisted of an average
of the daily rates over the period January 1, 1998 through February 28,
1998. This methodology enabled us to use an up--to-date (post-
precipitous drop) benchmark, but avoided undue day-to-day exchange rate
fluctuations.
[[Page 42671]]
Final Results of Review
We determine that a margin of 0.00 percent exists for HSI for the
period June 1, 1997 through May 31, 1998. We will disclose calculations
performed in connection with these final results of review within 5
days after the date of any public announcement, or, if there is no
public announcement, 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 HSI 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) No cash deposit shall be required for
HSI; (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 review, the cash deposit will continue to
be the most recent rate published in the final determination or final
results 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 this review or the LTFV
investigation; and (4) if neither the exporter nor the manufacturer is,
a firm covered in this or any previous reviews, 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 353.305(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.
Thsi new shipper review and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214(d).
Dated: July 30, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-20226 Filed 8-4-99; 8:45 am]
BILLING CODE 3510-DS-M
