[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)] [Notices] [Pages 7855-7856] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-3867] ----------------------------------------------------------------------- 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 antidumpting duty administrative review. ----------------------------------------------------------------------- SUMMARY: On November 23, 1998, in the case of E.I. DuPont de Nemours & Company v. United States, the United States Court of International Trade (the Court) affirmed the Department of Commerce's (the Department) redetermination for Cheil Synthetic Corporation (Cheil) and SKC Corporation (SKC) 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 Cheil and SKC during the review period. We will instruct the U.S. Customs Service to liquidate Cheil and SKC's entries accordingly. EFFECTIVE DATE: February 17, 1999. 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 March 26, 1998, the Court issued an order remanding in part the amended final results issued on February 12, 1996. See E.I. Dupont de Nemours v. United States, 4 F. Supp. 2d 1248 (CIT 1998). In its March 26, 1998 order the Court directed the Department to (1) determine whether, in light of SKC's U.S. customer's financial condition, SKC's reported short-term interest rate is consistent with the Federal Circuit's decision in LMI-LaMetalli Industriale S.p.A. v. United States, 912 F. 2d 455 (Fed. Cir. 1990) (LMI) and (2) reconsider its decision to deduct Cheil's inventory carrying costs (ICC) from foreign market value (FMV). As directed by the Court, on remand we examined whether, in light of SKC's U.S. customer's financial condition, SKC's reported short-term interest rate was consistent with the LMI decision. In LMI the Federal Circuit held that the Department's use of higher home market borrowing rates did not reflect the respondent's actual borrowing experience because the respondent was able to secure financing in the United States at a lower rate. In the instant case, the Department determined that SKC's U.S. customer's financial condition was not determinative of SKC's borrowing costs in the United States. Furthermore, we found that because SKC's sales were denominated in Korean won, SKC had appropriately based its credit expense upon its borrowings in Korea. This is consistent with the Department's practice since the LMI decision of using the short-term interest rate tied to the currency in which the sales are denominated. See e.g., Final Determination of Sales at Less Than Fair Value: Oil Country Tubular Goods from Austria, 60 FR 33551, 33555 (June 28, 1995); see also Import Administration Policy Bulletin No. 98.2, [[Page 7856]] Imputed Credit Expenses and Interest Rates, Feb. 23, 1998. Based upon the foregoing, we determined that SKC's calculation was consistent with LMI. We also determined that because Cheil's sales in the United States were purchase price (PP) transactions, no deduction for inventory carrying costs is warranted from either FMV or PP. We revised our margin calculations for Cheil accordingly. This determination is consistent with our long-standing practice of deducting indirect selling expenses from USP only with respect to ESP transactions. See e.g., Frozen Concentrated Orange Juice from Brazil; Final Results and Termination in Part of Antidumping Duty Administrative Review, 61 FR 47502, 47503 (November 14, 1990.) On November 23, 1998, the Court issued a final and conclusive ruling affirming our results of redetermination. Amendment to Final Results of Review Pursuant to section 516A(e) of the Act, we are now amending the final results for SKC and Cheil for the period November 30, 1990 through May 31, 1992. The recalculated margins for Cheil and SKC are outlined below: ------------------------------------------------------------------------ Margin Company (percent) ------------------------------------------------------------------------ Cheil...................................................... 0.07 SKC........................................................ 0.11 ------------------------------------------------------------------------ The Department shall determine, and the Customs Service shall assess, antidumping duties on all appropriate entries. Individual differences between U.S. price and FMV may vary from the percentage stated above. The Department will issue appraisement instructions directly to the Customs Service. We note that the Department has revoked the order with respect to Saehan Industries, Inc., the successor company to Cheil Synthetics, and that the current cash deposit rate for SKC is based upon an administrative review conducted subsequent to this segment of the proceeding. Therefore, these amended final results do not affect current cash deposit rates. This notice is published pursuant to section 751(A) of the Act. Dated: February 9, 1999. Richard W. Moreland, Acting Assistant Secretary for Import Administration. [FR Doc. 99-3867 Filed 2-16-99; 8:45 am] BILLING CODE 3510-DS-M