[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]               
[Page 44179-44180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-49]                         

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]

 
Notice of Countervailing Duty Order: Polyethylene Terephthalate 
Film, Sheet, and Strip (PET Film) from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE:  July 1, 2002.

FOR FURTHER INFORMATION CONTACT:  Mark Manning or Howard Smith at

[[Page 44180]]

(202) 482-5253 or (202) 482-5193, respectively, AD/CVD Enforcement, 
Office 4, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930, as amended, (the 
Act) by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations refer to the regulations codified at 19 CFR 
part 351 (April 2001).

Scope of Order

    For purposes of this order, 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 order is 
dispositive.

Countervailing Duty Order

    In accordance with section 705(d) of the Act, on May 16, 2002, the 
Department published in the Federal Register its final affirmative 
determination in the countervailing duty investigation of PET film from 
India (67 FR 34905). On June 24, 2002, the International Trade 
Commission (ITC) notified the Department of its final determination, 
pursuant to section 705(b)(1)(A)(i) of the Act, that an industry in the 
United States is materially injured by reason of imports of PET film 
from India.
    Therefore, countervailing duties will be assessed on all 
unliquidated entries of PET film from India entered, or withdrawn from 
warehouse, for consumption on or after October 22, 2001, the date on 
which the Department published its preliminary countervailing duty 
determination in the Federal Register, but before February 19, 2002, 
the date the Department instructed the U.S. Customs Service to 
discontinue the suspension of liquidation in accordance with section 
703(d) of the Act, and on all PET film from India entered or withdrawn 
from warehouse for consumption on or after the date of publication of 
this countervailing duty order in the Federal Register. Section 703(d) 
of the Act states that the suspension of liquidation pursuant to a 
preliminary countervailing duty determination may not remain in effect 
for longer than four months. Thus, entries of PET film made on or after 
February 19, 2002, and prior to the date of publication of this order 
in the Federal Register are not liable for the assessment of 
countervailing duties due to the Department's discontinuation, 
effective February 19, 2002, of suspension of liquidation, pursuant to 
section 703(d) of the Act.
    In accordance with section 706 of the Act, the Department will 
direct U.S. Customs officers to reinstate the suspension of liquidation 
effective the date of publication of this notice in the Federal 
Register and to assess, upon further advice by the Department pursuant 
to section 706(a)(1) of the Act, countervailing duties for each entry 
of the subject merchandise in an amount based on the net 
countervailable subsidy rate for the subject merchandise.
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the countervailable subsidy rates noted below. 
The ``All Others'' rate applies to all producers and exporters of PET 
film from India not specifically listed below. The cash deposit rates 
are as follows:

------------------------------------------------------------------------
                                                          Cash Deposit
                  Producer/Exporter                           Rate
------------------------------------------------------------------------
Ester Industries Ltd.................................  18.43% ad valorem
Garware Polyester Ltd................................  24.48% ad valorem
Polyplex Corporation Ltd.............................  18.66% ad valorem
All Others...........................................  20.40% ad valorem
------------------------------------------------------------------------

    This notice constitutes the countervailing duty order with respect 
to PET film from India, pursuant to section 706(a) of the Act. 
Interested parties may contact the Central Records Unit, room B-099 of 
the main Commerce building, for copies of an updated list of 
countervailing duty orders currently in effect.
    This countervailing duty order is published in accordance with 
section 706(a) of the Act and 19 CFR 351.211.

    Dated: June 25, 2002
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-16509 Filed 6-28-02; 8:45 am]
BILLING CODE 3510-DS-S