Polyethylene Terephthalate Film, Sheet, and Strip From Japan; Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order

[[Page 43119]]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-814]

Polyethylene Terephthalate Film, Sheet, and Strip From Japan;

Initiation and Preliminary Results of Changed Circumstances Antidumping

Duty Administrative Review, and Intent To Revoke Order

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances antidumping duty administrative review, and intent to

revoke order.

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SUMMARY: On June 5, 1991, the Department of Commerce (the Department)

published an antidumping duty order on polyethylene terephthalate film,

sheet, and strip from Japan. On July 7, 1995, E.I. Du Pont de Nemours &

Company, Hoechst Celanese Corporation and ICI Americas Inc., (together,

the petitioners in this proceeding), submitted a request for a changed

circumstances administrative review and revocation of the order on the

basis that the order no longer is of interest to the petitioners. Based

on the fact that this order is no longer of interest to petitioners, we

intend, preliminarily, to revoke this order.

EFFECTIVE DATE: August 18, 1995.

FOR FURTHER INFORMATION CONTACT: Arthur N. DuBois or Thomas Futtner,

Office of Antidumping Compliance, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue NW., Washington, D.C. 20230; telephone: (202) 482-

6312/3814.

SUPPLEMENTARY INFORMATION:

Background

On June 5, 1991, the Department published in the Federal Register

(59 FR 9960) an antidumping duty order on polyethylene terephthalate

film, sheet, and strip from Japan.

On July 7, 1995, the petitioners submitted a request for a changed

circumstances administrative review and revocation of the order on the

basis that the order no longer is of interest to the petitioners.

Scope of the Review

Imports covered by the review are shipments of all gauges of raw,

pretreated, or primed PET film, sheet, and strip, whether extruded or

coextruded. The films excluded from the scope of this order are

metallized films and other finished films that have had a least one of

their surfaces modified by the application of performance-enhancing

resin or inorganic layer 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 from Japan is currently classifiable under Harmonized

Tariff Schedule (HTS) item number 3920.62.0000. The HTS item numbers

are provided for convenience and for Customs purposes only. The written

descriptions remain dispositive.

This changed circumstance administrative review covers all

manufacturers/exporters of pet film from Japan.

Initiation and Preliminary Results of Changed Circumstances Antidumping

Duty Administrative Review, and Intent To Revoke Order

Pursuant to section 751(c) of the Tariff Act of 1930, as amended

(the Act), the Department may revoke an antidumping duty order if the

Department determines, based on a review under section 751(b)(1) of the

Act, that changed circumstances exist sufficient to warrant revocation.

Section 751(b)(1) of the Act requires a changed circumstances

administrative review to be conducted upon receipt of a request

containing sufficient information concerning changed circumstances.

19 CFR 353.25(d)(2) permits the Department to conduct an

administrative review under Sec. 353.22(f) based upon an affirmative

statement of no interest from the petitioner in the proceeding. Section

353.25(d)(1)(i) further provides that, if the Department determines

that the order under review is no longer of interest to domestic

interested parties, the Department may revoke the antidumping duty

order. In addition, in the event the Department concludes that

expedited action is warranted, Sec. 353.22(f)(4) of the regulations

permits the Department to combine the notices of initiation and

preliminary results.

Therefore, in accordance with sections 751(b) (1) and (c) of the

Act and 19 CFR 353.25(d) and 353.22(f), based on an affirmative

statement of no interest in the proceeding by the petitioners, the

Department is initiating this changed circumstances administrative

review. Further, based on the representation made by petitioners that

other U.S. producers and potential producers of this merchandise have

no interest in the order, we have determined that expedited action is

warranted, and we have preliminarily determined that the order no

longer is of interest to domestic interested parties. Because the

Department concludes that expedited action is warranted, the Department

is combining these notices of initiation and preliminary results. The

Department determines that there is a reasonable basis to believe that

the requirement for revocation based on the changed circumstance that

the order no longer is of interest to domestic interested parties has

been met. Therefore, we are hereby notifying the public of our intent

to revoke the antidumping duty order on pet film from Japan.

In the event that this revocation becomes final, the effective date

of revocation will be June 1, 1992, which is the beginning of the

currently pending second administrative review.

If final revocation occurs, we intend to instruct the U.S. Customs

Service (Customs) to liquidate without regard to antidumping duties and

to refund any estimated antidumping duties collected for all

unliquidated entries of subject merchandise made on or after the above

effective date of revocation, in accordance with 19 CFR 353.25(d)(5).

We will also instruct Customs to refund with interest estimated

antidumping duties collected for entries made on or after June 1, 1992,

in accordance with section 778 of the Act. The current requirement for

a cash deposit of estimated antidumping duties will continue until

publication of the final results of this changed circumstances review.

Public Comment

Any interested party may request a hearing within 10 days of the

date of publication of this notice. Any hearing, if requested, will be

held no later than 28 days after the date of publication of this

notice, or the first workday thereafter. Case briefs and/or written

comments from interested parties may be submitted not later than 14

days after the date of publication of this notice. Rebuttal briefs and

rebuttals to written comments, limited to the issues raised in those

comments, may be filed not later than 21 days after the date of

publication of this notice. All written comments shall be submitted in

accordance with 19 CFR 353.31(e) and shall be served on all interested

parties on the Department's service list in accordance with 19 CFR

353.31(g). Persons interested in attending the hearing should contact

the Department for the date and time of the hearing. The Department

will publish the final results of this changed circumstances

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review including the results of its analysis of issues raised in any

written comments.

This notice is in accordance with Secs. 751(b) (1) and (c) of the

Act and sections 353.22(a)(5), 353.22(f) and 353.25(d) of the

Department's regulations.

Dated: August 11, 1995.

Paul L. Joffe,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 95-20556 Filed 8-17-95; 8:45 am]

BILLING CODE 3510-DS-P