Polyethylene Terephthalate Film, Sheet and Strip From Korea: Final Results of Antidumping Duty New Shipper Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-807]

Polyethylene Terephthalate Film, Sheet and Strip From Korea:

Final Results of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty new shipper review.

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SUMMARY: On May 10, 1999, the Department of Commerce (the Department)

published the preliminary results of the new shipper review of the

antidumping duty order on polyethylene terephthalate film, sheet, and

strip (PET film) from the Republic of Korea (64 FR 25014). The review

covers one manufacturer/exporter of the subject merchandise to the

United States and the period June 1, 1997 through May 31, 1998. We gave

interested parties an opportunity to comment on the preliminary

results. We received no comments.

We have determined that HSI Industries (HSI) made no U.S. sales

below normal value, and we will instruct the U.S. Customs Service to

assess no antidumping duties for HSI for the period covered by this new

shipper review.

EFFECTIVE DATE: August 5, 1999.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or John Kugelman,

AD/CVD Enforcement Group III, Office 8, Import Administration,

International Trade Administration, US Department of Commerce, 14th

Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202) 482-4475/0649.

Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act) are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Round Agreements Act. In addition, unless otherwise

indicated, all citations to the Department's regulations are to the

regulations codified at 19 CFR part 351 (1998).

SUPPLEMENTARY INFORMATION:

Background

On May 10, 1999, the Department published in the Federal Register

the preliminary results of its new shipper review of the antidumping

duty order on PET film from Korea. We received no comments on our

preliminary results. Therefore, we have only changed our preliminary

results with respect to the currency conversion methodology discussed

below.

Scope of the Review

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

pretreated or primed polyethylene terephthalate film, sheet, and strip,

whether extruded or coextruded. The films excluded from this review 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 of 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 is currently classifiable under Harmonized Tariff Schedule

(HTS) subheading 3920.62.00.00. The HTS subheading is provided for

convenience and for U.S. Customs purposes. The written description

remains dispositive as to the scope of the product coverage.

The review covers the period June 1, 1997 through May 31, 1998. The

Department is conducting this review in accordance wit section

751(a)(2)(B) of the Act.

Currency Conversion

As previously stated by the Department, we have determined that the

decline in the won at the end of 1997 was so precipitous an large that

the dollar-won exchange rate cannot reasonably be viewed as having

simply fluctuated during this time, i.e., as having experienced only a

momentary drop in value. See Emulsion Styrene Butadiene Rubber form the

Republic of Korea: Notice of Final Determination of Sales at Less Than

Fair Value, 64 FR 14865, 14867 (March 29, 1999). Therefore, the

Department used daily rates exclusively for currency conversion

purposes for home market sales matched to U.S. sales occurring between

November 1 and December 31, 1997, and the standard exchange rate model

with a modified benchmark for sales occurring between January 1, 1998

and February 28, 1998. The modified benchmark consisted of an average

of the daily rates over the period January 1, 1998 through February 28,

1998. This methodology enabled us to use an up--to-date (post-

precipitous drop) benchmark, but avoided undue day-to-day exchange rate

fluctuations.

[[Page 42671]]

Final Results of Review

We determine that a margin of 0.00 percent exists for HSI for the

period June 1, 1997 through May 31, 1998. We will disclose calculations

performed in connection with these final results of review within 5

days after the date of any public announcement, or, if there is no

public announcement, within 5 days of publication of this notice.

We will instruct the U.S. Customs Service not to assess antidumping

duties on entries of the subject merchandise from HSI for the period of

review.

Furthermore, the following deposit requirements shall be required

for all shipments of PET film from the Republic of Korea entered, or

withdrawn from warehouse, for consumption on or after the publication

date of these final results of this new shipper review, as provided by

section 751(a)(1) of the Act: (1) No cash deposit shall be required for

HSI; (2) for merchandise exported by manufacturers or exporters not

covered in this review but covered in the less-than-fair-value (LTFV)

investigation or a previous review, the cash deposit will continue to

be the most recent rate published in the final determination or final

results for which the manufacturer or exporter received a company-

specific rate; (3) if the exporter is not a firm covered in this review

or the original investigation, but the manufacturer is, the cash

deposit rate will be that established for the manufacturer of the

merchandise in the final results of this review or the LTFV

investigation; and (4) if neither the exporter nor the manufacturer is,

a firm covered in this or any previous reviews, the cash deposit rate

will be 21.5%, the ``all others'' rate established in the LTFV

investigation.

This notice serves as the 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 review period. 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.

This notice also serves as a reminder to parties subject to

administrative protective orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.305(a). 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 sanctionable violation.

Thsi new shipper review and notice are in accordance with section

751(a)(2)(B) of the Act and 19 CFR 351.214(d).

Dated: July 30, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-20226 Filed 8-4-99; 8:45 am]

BILLING CODE 3510-DS-M