[Federal Register Volume 75, Number 231 (Thursday, December 2, 2010)]
[Notices]
[Pages 75172-75173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30290]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-841]
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 16, 2010, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on polyethylene terephthalate
film, sheet, and strip (PET film) from Brazil for the period November
6, 2008, through October 31, 2009. We gave interested parties an
opportunity to comment on the preliminary results and received no
comments. We have made no changes to Terphane, Inc.'s (Terphane's)
margin for the final results of this review. The final weighted-average
margin is listed below in the ``Final Results of Review'' section of
this notice.
DATES: Effective Date: December 2, 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2657 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2010, the Department published the preliminary
results of the administrative review of the antidumping duty order
covering PET film from Brazil and invited interested parties to
comment. See Polyethylene Terephthalate Film, Sheet, and Strip From
Brazil: Preliminary Results of Antidumping Duty Administrative Review,
75 FR 49900 (August 16, 2010) (Preliminary Results). This
administrative review covers one respondent, Terphane. The petitioners
[[Page 75173]]
in this proceeding are DuPont Teijin Films, Mitsubishi Polyester Film,
Inc., SKC, Inc., and Toray Plastics (America), Inc.
In the Preliminary Results, the Department stated that interested
parties may submit case briefs within 30 days of publication of the
Preliminary Results and rebuttal briefs within five days after the due
date for filing case briefs. See Preliminary Results at 49902. No
interested parties submitted a case or rebuttal brief; therefore, there
are no comments to address regarding the Department's determination in
the Preliminary Results. We have not made any changes for the final
results.
Period of Review
The period of review (POR) is November 6, 2008, through October 31,
2009.
Scope of the Order
The products covered by this order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded. Excluded
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 more than 0.00001 inches thick.
Also excluded is roller transport cleaning film which has at least one
of its surfaces modified by application of 0.5 micrometers of SBR
latex. Tracing and drafting film is also excluded. PET film is
classifiable under subheading 3920.62.00.90 of the Harmonized Tariff
Schedule of the United States (HTSUS). While HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of these orders is dispositive.
Final Results of Review
The Department has determined that the following antidumping duty
margin exists for the period November 6, 2008, through October 31,
2009:
------------------------------------------------------------------------
Producer/Exporter Margin (percent)
------------------------------------------------------------------------
Terphane, Inc...................................... 44.36
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. Because we are relying on total adverse facts available to
establish the dumping margin for Terphane, we will instruct CBP to
apply a dumping margin of 44.36 percent on all entries of PET film from
Brazil that were produced and/or exported by Terphane and entered, or
withdrawn from warehouse, for consumption during the POR. The
Department intends to issue appropriate assessment instructions for
Terphane to CBP 15 days after the date of publication of these final
results of review.
Cash Deposit Requirements
Furthermore, the following cash deposit requirements will be
effective upon publication of these final results for all shipments of
PET film from Brazil entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this administrative review, as provided by section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for
Terphane will be the rate established in the final results of this
review; (2) for other previously reviewed or investigated companies,
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 or the 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; (4) if neither
the exporter nor the manufacturer has its own rate, the cash-deposit
rate will be 28.72 percent, the all-others rate established in the
Final Determination. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a 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 POR. 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.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation which is
subject to sanction.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-30290 Filed 12-1-10; 8:45 am]
BILLING CODE 3510-DS-P