NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET AND STRIP (PET FILM) FROM BRAZIL (A-351-841-000/001)

MESSAGE NO: 8276211 DATE: 10 02 2008 CATEGORY: ADA TYPE: FIN REFERENCE: REFERENCE DATE: CASES: A - 351 - 841 - - - - - - - - - - PERIOD COVERED: 09 24 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET AND STRIP (PET FILM) FROM BRAZIL (A-351-841-000/001) 1. ON 09/24/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER(73 FR 55035) ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM BRAZIL. 2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE ALL GAUGES OF RAW, PRE-TREATED, OR PRIMED PET FILM, WHETHER EXTRUDED OR CO-EXTRUDED. EXCLUDED ARE METALLIZED FILMS AND OTHER FINISHED FILMS THAT HAVE HAD AT LEAST ONE OF ITS SURFACES MODIFIED BY THE APPLICATION OF A PERFORMANCE-ENHANCING RESINOUS OR INORGANIC LAYER MORE THAN 0.00001 INCHES THICK. ALSO EXCLUDED IS ROLLER TRANSPORT CLEANING FILM WHICH HAS AT LEAST ONE OF ITS SURFACES MODIFIED BY APPLICATION OF 0.5 MICROMETERS OF SBR LATEX. TRACING AND DRAFTING FILM IS ALSO EXCLUDED. PET FILM IS CLASSIFIABLE UNDER SUBHEADING 3920.62.00.90 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND PURPOSES OF CUSTOMS AND BORDER PROTECTION (CBP)PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-351-841. 4. FOR IMPORTS OF POLYETHYLENE TEREPHTHALATE FILM, SHEET, AND STRIP FROM BRAZIL, CUSTOMS AND BORDER PROTECTION SHALL CONTINUE TO SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/05/2008. EFFECTIVE 09/24/2008 CBP SHALL REQUIRE FOR ENTRIES A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW: PRODUCER: TERPHANE LTDA. CASE NUMBER: A-351-841-001 CASH DEPOSIT RATE: 44.36 PERCENT PRODUCER: ALL OTHERS CASE NUMBER: A-351-841-000 CASH DEPOSIT RATE: 28.72 PERCENT 5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 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) 482-0984 OR (202) 482-3577 RESPECTIVELY GENERATED BY O7:MJH. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE