CASH DEPOSIT INSTRUCTION FOR POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM KOREA FOR KOLON INDUSTRIES INC. (A-580-807-003)

MESSAGE NO: 8108209 DATE: 04 17 2008 CATEGORY: ADA TYPE: ADM REFERENCE: 7278214 REFERENCE DATE: 10 05 2007 CASES: A - 580 - 807 - - - - - - - - - - PERIOD COVERED: 04 03 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: CASH DEPOSIT INSTRUCTION FOR POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM KOREA FOR KOLON INDUSTRIES INC. (A-580-807-003) 1. ON 11/14/1996, THE DEPARTMENT OF COMMERCE (COMMERCE) REVOKED THE ANTIDUMPING DUTY ORDER ON POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM THE REPUBLIC OF KOREA WITH RESPECT TO KOLON INDUSTRIES INC., EFFECTIVE 06/01/1995 (SEE FR 61 58374; SEE ALSO MESSAGE NUMBER 9103114, DATED 04/13/1999.) HOWEVER, ON 10/02/2007, COMMERCE PUBLISHED IN THE FEDERAL REGISTER THE PRELIMINARY RESULTS OF ITS CHANGED CIRCUMSTANCES REVIEW AND INTENT TO REINSTATE THE ANTIDUMPING DUTY ORDER WITH RESPECT TO KOLON INDUSTRIES INC. (SEE 72 FR 56048; SEE ALSO MESSAGE NUMBER 7278214 DATED 10/05/2007). ON 04/03/2008, COMMERCE COMPLETED ITS REVIEW AND PUBLISHED IN THE FEDERAL REGISTER (73 FR 18259) THE FINAL RESULTS OF CHANGED CIRCUMSTANCES REVIEW AND REINSTATEMENT OF KOLON INDUSTRIES INC IN THE ANTIDUMPING DUTY ORDER. COMMERCE HAS DETERMINED KOLON INDUSTRIES INC. HAS RESUMED SELLING SUBJECT PET FILM AT LESS THAN NORMAL VALUE, IN VIOLATION OF THE TERMS OF ITS ORIGINAL 1996 REVOCATION. 2. AS A RESULT OF COMMERCE'S FINAL RESULTS, KOLON INDUSTRIES INC. (A-580-807-003) IS REINSTATED IN THE ANTIDUMPING DUTY ORDER. ACCORDINGLY, CUSTOMS SHALL SUSPEND LIQUIDATION OF SUCH ENTRIES OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM THE REPUBLIC OF KOREA MANUFACTURED OR EXPORTED BY KOLON INDUSTRIES, INC. ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 04/03/2008 AND REQUIRE A CASH DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW: KOLON INDUSTRIES INC. A-580-807-003 1.53 PERCENT 3. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER LISTED ABOVE, THEN THE FOLLOWING INSTRUCTIONS APPLY: A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN RATE, USE THE EXPORTER'S RATE FOR DETERMINING THE CASH DEPOSIT RATE. B. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE, BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S RATE. C. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL OTHER' RATE FOR ESTABLISHING THE CASH DEPOSIT RATE. 4. FOR ALL MANUFACTURERS OR EXPORTERS OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM THE REPUBLIC OF KOREA WITHOUT THEIR OWN RATE, THE 'ALL OTHERS' RATE FOR PURPOSES OF CASH DEPOSIT IS 21.50 PERCENT. 5. THESE CASH DEPOSIT REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL FURTHER NOTICE. DO NOT LIQUIDATE ANY ENTRIES OF MERCHANDISE INCLUDED IN THIS CHANGED CIRCUMSTANCES ADMINISTRATIVE REVIEW UNTIL ASSESSMENT INSTRUCTIONS ARE RECEIVED. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 4820984 OR (202) 4823577 RESPECTIVELY (GENERATED BY O7:MJH)). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE