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

Federal RegisterOct 6, 1995

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DEPARTMENT OF COMMERCE

[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

September 29, 1995.

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

[[Page 52367]]

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 American 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. On

July 21, 1993; July 15, 1994; and July 14, 1995, the Department

initiated administrative reviews of the antidumping order on

polyethylene terephthalate film, sheet, and strip from Japan, covering

the periods: June 1, 1992 through May 31, 1993; June 1, 1993 through

May 31, 1994; and June 1, 1994 through May 31, 1995, respectively. We

are now revoking the order, based on the fact that this order is no

longer of interest to domestic parties; accordingly we are also

terminating the above-mentioned administrative reviews.

EFFECTIVE DATE: October 6, 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 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

an antidumping duty order on polyethylene terephthalate film, sheet,

and strip from Japan. (Antidumping Duty Order: Polyethylene

Terephthalate Film, Sheet, and Strip from Japan, 56 FR 25669, June 5,

1991).

On June 30, 1993, one respondent, Toray, requested an

administrative review and one U.S. producer, Toray Plastics America

(TPA), requested an administrative review for two other Japanese

manufacturers/exporters of PET film, Teijin and Diafoil. We initiated

the review, covering entries from June 1, 1992 through May 31, 1993, on

July 21, 1993 (Initiation of Antidumping and Countervailing Duty

Administrative Reviews, 58 FR 39007, July 21, 1993).

On June 30, 1994, the petitioners, one repondent, and one U.S.

producer, TPA, requested an administrative review of three Japanese

manufacturers/exporters of PET film, Toray, Teijin, and Magphane. We

initiated a review of these three firms covering entries in the period

June 1, 1993 through May 31, 1994, on July 15, 1994 (Initiation of

Antidumping Duty Administrative Reviews and Requests for Revocation in

Part, 59 FR 36160, July 15, 1994).

On June 30, 1995, one respondent, Toray, requested an

administrative review. We initiated a review of Toray covering entries

in the period June 1, 1994 through May 31, 1995 on July 14, 1995.

(Initiation of Antidumping and Countervailing Duty Administrative

Reviews and Requests for Revocation in Part, 60 FR 36260, July 14,

1995).

On July 7, 1995, E.I. Du Pont de Nemours & Company, Hoechst

Celanese Corporation and ICI American 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.

In accordance with 19 CFR 353.25(d)(2) the Department found that

petitioners affirmative statement of no interest was a reasonable basis

to believe that the requirements for revocation based on changed

circumstances were met. Therefore, pursuant to 19 CFR 353.25(d)(2) and

353.22(f)(1), on August 18, 1995, the Department published in the

Federal Register a notice of initiation and preliminary results of

changed circumstances to determine whether to revoke the order with an

effective date of June 1, 1992. (Polyethylene Terephthalate Film,

Sheet, and Strip from Japan; Initiation and Preliminary Results of

Changed Circumstances Antidumping Duty Administrative Review, and

Intent to Revoke Order, 60 FR 43119, August 18, 1995). We gave

interested parties an opportunity to comment on the preliminary results

of this changed circumstances review. We received no comments.

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.

Final Results of Changed Circumstances Review; Revocation of

Antidumping Duty Order; Termination of Antidumping Duty Administrative

Reviews

Since the antidumping order on PET film is no longer of interest to

the interested parties, as defined in paragraphs (k)(3), (k)(4),

(k)(5), and (k)(6) of section 353.2, the Department concludes that the

requirements for revocation based on changed circumstances are met.

Therefore, the Department is revoking the order on polyethylene

terephthalate film, sheet, and strip from Japan in accordance with

sections 751 (b) and (c) of the Tariff Act of 1930 (the Act), and 19

CFR 353.25(d)(1). This revocation applies to all entries of subject

merchandise entered, or withdrawn from warehouse, for consumption on or

after June 1, 1992. Accordingly, the Departments is also terminating

the reviews covering entries made in the following periods: June 1,

1992 through May 31, 1993; June 1, 1993 through May 31, 1994; and June

1, 1994 through May 31, 1995.

The Department will instruct the Customs Service to proceed with

liquidation, without regard to antidumping duties, of all unliquidated

entries of subject merchandise entered or withdrawn from wearehouse,

for consumption on or after June 1, 1992. The Department will further

instruct the Customs Service to refund with interest any estimated

duties collected with respect to unliquidated entries of subject

merchandise entered, or withdrawn from warehouse, for consumption on or

after June 1, 1992, in accordance with section 778 of the Act.

This changed circumstances review, revocation of the antidumping

duty order, termination of second, third and fourth reviews, and notice

are in accordance wtih sections 751 (b) and (c) of the Act (19 U.S.C.

1675 (b) and (c)) and sections 353.22(f) and 353.25(d) of the

Department's regulations.

[[Page 52368]]

Dated: September 29, 1995.

Paul L. Joffe,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 95-24923 Filed 10-5-95; 8:45 am]

BILLING CODE 3510-25-P

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