NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM INDIA (A-533-827

MESSAGE NO: 2154210 DATE: 06 03 2002 CATEGORY: ADA TYPE: FIN REFERENCE: REFERENCE DATE: CASES: A - 533 - 824 - - - - - - - - - - PERIOD COVERED: 05 16 2002 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM INDIA (A-533-827 1. ON 05/16/2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP (PET FILM) FROM INDIA (67 FR 34899). 2. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCTS COVERED ARE ALL GAUGES OF RAW, PRETREATED, OR PRIMED PET FILM, WHETHER EXTRUDED OR COEXTRUDED. 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 OF MORE THAN 0.00001 INCHES THICK. IMPORTS OF PET FILM ARE CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) UNDER ITEM NUMBER 3920.62.00. HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES. THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-533-824. 4. THE DEPARTMENT OF COMMERCE CALCULATED A WEIGHTED-AVERAGE DUMPING MARGIN OF 10.34 PERCENT FOR POLYPLEX CORPORATION LIMITED BEFORE ADJUSTING THE MARGIN FOR EXPORT SUBSIDIES FOR WHICH THE DEPARTMENT OF COMMERCE DETERMINED TO IMPOSE COUNTERVAILING DUTIES, IF A CVD ORDER IS ISSUED. HOWEVER, BECAUSE THE RATE FOR POLYPLEX CORPORATION LIMITED IS ZERO AFTER ADJUSTING THE DUMPING MARGIN FOR THE EXPORT SUBSIDIES IN THE COMPANION AFFIRMATIVE COUNTERVAILING DUTY INVESTIGATION, POLYPLEX CORPORATION LIMITED WILL BE EXCLUDED FROM THE ANTIDUMPING DUTY ORDER, IF AN ORDER IS ISSUED IN THIS PROCEEDING. ACCORDINGLY, WITH RESPECT TO THE ANTIDUMPING DUTY INVESTIGATION OF PET FILM FROM INDIA, FOR SHIPMENTS OF PET FILM PRODUCED AND EXPORTED BY POLYPLEX CORPORATION LIMITED, SUSPENSION OF LIQUIDATION IS NOT REQUIRED AND THERE ARE NO CASH DEPOSIT OR BOND REQUIREMENTS. 5. PLEASE NOTE THAT INSTRUCTIONS REGARDING THE SUSPENSION OF LIQUIDATION AND THE CASH DEPOSIT OR BOND REQUIREMENTS WITH RESPECT TO THE FINAL DETERMINATION IN THE COUNTERVAILING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM INDIA WILL BE TRANSMITTED SEPARATELY UNDER THE INVESTIGATION NUMBER OF C-533-825. 6. FOR IMPORTS OF PET FILM FROM INDIA, OTHER THAN THAT PRODUCED AND EXPORTED BY POLYPLEX CORPORATION LIMITED, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 12/21/2001. EFFECTIVE 05/16/2002, CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGIN RATES SHOWN BELOW: MFR/PRODUCER CUSTOMS ID MARGIN EXPORTER NUMBER (PERCENTAGE) ESTER INDUSTRIES LTD. A-533-824-001 24.11 ALL OTHERS A-533-824-000 24.11 7. THE FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF PET FILM FROM INDIA, THE DEPARTMENT OF COMMERCE NOTED THAT IT WOULD REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE WEIGHTED-AVERAGE AMOUNT BY WHICH THE NORMAL VALUE EXCEEDS THE EXPORT PRICE MINUS THE AMOUNT OF THE COUNTERVAILING DUTY DETERMINED TO OFFSET AN EXPORT SUBSIDY. BECAUSE SUSPENSION OF LIQUIDATION IN THE COMPANION COUNTERVAILING DUTY INVESTIGATION (C-533-825) IS CURRENTLY DISCONTINUED AND WILL NOT BE RESUMED UNLESS AND UNTIL THE DEPARTMENT OF COMMERCE ISSUES A COUNTERVAILING DUTY ORDER, THE ANTIDUMPING CASH DEPOSIT RATE IS THE CALCULATED WEIGHTED-AVERAGE DUMPING MARGIN OF 24.11 PERCENT. IF AN ORDER IS ISSUED IN THE COUNTERVAILING DUTY INVESTIGATION OF PET FILM FROM INDIA (C-533-825), SUSPENSION OF LIQUIDATION IN THE COUNTERVAILING DUTY INVESTIGATION WILL RESUME. IF AN ORDER IS ALSO ISSUED IN THE ANTIDUMPING DUTY INVESTIGATION OF PET FILM FROM INDIA THE DEPARTMENT OF COMMERCE WILL ISSUE ANTIDUMPING DUTY CASH DEPOSIT INSTRUCTIONS REQUIRING A CASH DEPOSIT EQUAL TO THE ANTIDUMPING MARGIN CALCULATED FOR ESTER INDUSTRIES LTD. LESS THE EXPORT SUBSIDY RATE CALCULATED FOR ESTER INDUSTRIES LTD. IN THE COMPANION COUNTERVAILING INVESTIGATION. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THEAPPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT TIM FINN OR HOWARD SMITH, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0065 OR (202) 482-5193, RESPECTIVELY. 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ