[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Notices]
[Pages 52241-52242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26215]
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DEPARTMENT OF COMMERCE
[A-580-807]
Polyethylene Terephthalate Film, Sheet, and Strip From the
Republic of Korea; Notice of Final court Decision and Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
antidumping duty administrative review.
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SUMMARY: On July 8, 1998, in the case of STC Corporation v. United
States, The United States Court of International Trade (the Court)
affirmed the Department of Commerce's (the Department) redetermination
for STC Corporation (STC) arising out of the first review of
polyethylene terephthalate film sheet, and strip (PET film) from the
Republic of Korea. The review covers the period November 30, 1990
through May 31, 1992. As there is now a final and conclusive court
decision in this action, we are amending the final results of review
with respect to sales by STC during the review period. We will instruct
the U.S. Customs Service to liquidate STC's entries accordingly.
EFFECTIVE DATE: September 30, 1998.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, or John Kugelman, AD/CVD Enforcement Group III,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230, telephone: (202) 482-4475, or 0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 1997, the Court issued an order remanding in part
the amended final results issued on February 12, 1996. See STC Corp v.
United States, 990 F. Supp. 829 (CIT 1997). In its December 15, 1997
order the Court directed the Department to
[[Page 52242]]
implement a tax-neutral methodology for calculating value added taxes
(VAT) for STC. In accordance with the remand order, the Department
recalculated VAT by adding the absolute amount of home market tax to
U.S. price. The Court affirmed the Department's remand results on July
8, 1998, in STC Corp v. United States, Court No., 95-09-01181. As there
is now a final and conclusive court decision with respect to STC, we
are amending the final results of review for this company.
Amendment to Final Results of Review
Pursuant to section 516A(e) of the Act, we are now amending the
final results for STC for the period November 30, 1990 through May 31,
1992. The recalculated margin for STC Corporation is 11.62 percent.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between U.S. price and foreign market value may vary from
the percentage stated above. The Department will issue appraisement
instructions directly to the Customs Service.
We note that STC's current cash deposit rate is based upon an
administrative review conducted subsequent to this segment of the
proceeding. Therefore, this amendment of the final results does not
affect the current cash deposit rate for STC.
This notice is published pursuant to section 751(A) of the Act.
Dated: September 23, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-26215 Filed 9-29-98; 8:45 am]
BILLING CODE 3510-DS-M
