AD: India Polyethylene Terephthalate Film, Sheet, and Strip
The International Trade Administration (ITA) has issued a notice amending its final affirmative antidumping (AD) duty determination for polyethylene terephthalate (PET) film, sheet, and strip from India, as there is now a final and conclusive court decision in this case.
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| Amended Final Affirmative AD Duty Determination |
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In the 2002 AD duty final determination on this merchandise from India, Polyplex Corporation Limited (Polyplex) was excluded (when both exporter and producer) from the order, as its AD cash deposit rate in the final AD determination was zero percent.
The ITA explains that this 2002 zero percent rate was calculated by reducing the final determination's AD margin of 10.34% found for Polyplex, by the 18.66% countervailing (CV) duty rate on export subsidies established for Polyplex in the companion CV final determination. The ITA states that it excluded Polyplex from the order due to the resulting zero rate, which the courts have now ruled was in error.
Polyplex is Subject to Order, But AD Cash Deposit Rate Remains Zero
The ITA states that as the litigation in this case has concluded (the Court of Appeals for the Federal Circuit (CAFC) has upheld the Court of International Trade (CIT)), the ITA is amending the final AD duty determination to indicate that although Polyplex is still subject to a zero AD cash deposit rate (due to subtraction of the 18.66% CV rate), Polyplex is no longer excluded from the AD duty order.
(At the time of the CIT's affirmation of the ITA's second remand determination that Polyplex was not excluded from the order, the ITA instructed U.S. Customs and Border Protection, pending the expiration of the appeals period, or if appealed, pending the decision of the CAFC, to suspend liquidation of Polyplex as both exporter and producer effective for shipments from Polyplex with a time of entry on or after June 28, 2004. See ITT's Online Archives or 07/16/04 news, 04071635, for BP summary.)
(See ITT's Online Archives or 05/21/02 and 07/02/02 news, 02052135 and 02070245, for BP summaries of the AD and CV duty final affirmative determinations, and the AD and CV duty orders on subject merchandise from India, respectively.)
ITA Contact - Drew Jackson (202) 482-4406
ITA Notice (FR Pub 09/01/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-4799.pdf