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 July 30, 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 41380). The review

covers one manufacturer/exporter of the subject merchandise to the

United States and the period July 1, 1998 through December 31, 1998. We

gave interested parties an opportunity to comment on the preliminary

results. We received no comments.

We have determined that Hyosung Corporation (Hyosung) made no U.S.

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

to assess no antidumping duties for Hyosung for the period covered by

this new shipper review.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/

CVD Enforcement Group III, Office 8, Import Administration,

International Trade Administration, US Department Commerce, 14th Street

and Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202)

482-4475 or (202) 482-5222.

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 December 28, 1998, the Department received a request from

Hyosung for a new shipper review pursuant to section 751(a)(2) of the

Act and Section 351.214(b) of the Department's regulations. On February

2, 1999, we published the notice of initiation for this new shipper

review (64 FR 5030). On July 30, 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. The final results of this review

are unchanged from those presented in our preliminary results.

[[Page 57863]]

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 July 1, 1998 through December 31,

1998. The Department is conducting this review in accordance with

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

Final Results of Review

We determine that a margin of 0.00 percent exists for Hyosung for

the period July 1, 1998 through December 31, 1998. We will disclose

calculations performed in connection with these final results of review

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 Hyosung 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) For Hyosung the cash deposit will be

zero; (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 administrative review, the cash deposit

will continue to be the most recent rate published in the final

determination or final results of review 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 the most recent

review or the LTFV investigation; and (4) If neither the exporter nor

the manufacturer is a firm covered in this or any previous review, 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 351.305(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.

This new shipper review and notice are in accordance with section

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

Dated: October 20, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-28057 Filed 10-26-99; 8:45 am]

BILLING CODE 3510-DS-M