AMENDMENT TO MESSAGE 8277206 DATED 10/03/2008 ON FINAL DETERMINATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET AND STRIP (PET FILM) (UNITED ARAB EMIRATES)(A-520-803)

MESSAGE NO: 8337208 DATE: 12 02 2008 CATEGORY: ADA TYPE: ADM REFERENCE: 8277206 REFERENCE DATE: 10 03 2008 CASES: A - 520 - 803 - - - - - - - - - - PERIOD COVERED: 11 06 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: AMENDMENT TO MESSAGE 8277206 DATED 10/03/2008 ON FINAL DETERMINATION OF POLYETHYLENE TEREPHTHALATE FILM, SHEET AND STRIP (PET FILM) (UNITED ARAB EMIRATES)(A-520-803) 1. ON 11/10/2008, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER AND AMENDED FINAL DETERMINATION, IN THE INVESTIGATION OF PET FILM FROM THE UAE. THIS IS AN AMENDMENT OF MESSAGE NUMBER 8277206 POSTED ON 10/3/2008. 2. THE PRODUCTS COVERED BY THIS ORDER 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 THEIR 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 U.S. CUSTOMS AND BORDER PROTECTION (CBP) PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS ORDER IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-520-803. 4. THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE COMMERCE DEPARTMENT THAT IMPORTS OF PET FILM FROM THE UAE THREATEN MATERIAL INJURY TO THE U.S. INDUSTRY. THE ITC DID NOT DETERMINE, BUT FOR THE SUSPENSION OF LIQUIDATION OF ENTRIES OF PET FILM FROM THE UAE, THE DOMESTIC INDUSTRY WOULD HAVE BEEN MATERIALLY INJURED. THEREFORE, COMMERCE WILL ISSUE SEPARATE INSTRUCTIONS TO CUSTOMS AND BORDER PROTECTION TO TERMINATE SUSPENSION AND REFUND ANY CASH DEPOSIT AND RELEASE ANY BOND OR OTHER SECURITY OF PET FILM FROM THE UAE FOR SHIPMENTS, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION PRIOR TO 11/06/2008, THE DATE OF PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER. 5. CUSTOMS AND BORDER PROTECTION SHALL SUSPEND LIQUIDATION FOR PET FILM FROM THE UAE WITH RESPECT TO SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/06/2008, THE DATE OF PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER. EFFECTIVE 11/06/2008, FOR SUCH ENTRIES CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS BELOW. PRODUCER: FLEX MIDDLE EAST FZE CASE NUMBER: A-520-803-001 CASH DEPOSIT RATE: 4.05 PERCENT PRODUCER: ALL OTHERS CASE NUMBER: A-520-803-000 CASH DEPOSIT RATE: 4.05 PERCENT 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: DK). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE