April 10, 2008
News Release 08-032
Inv. Nos. 701-TA-415 and 731-TA-933-934 (Review)
Contact: Peg O'Laughlin, 202-205-1819

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING POLYETHYLENE TEREPHTHALATE FILM, SHEET AND STRIP FROM INDIA AND TAIWAN

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing countervailing duty order on imports of polyethylene terephthalate (PET) film, sheet, and strip from India and the existing antidumping duty orders on these products from India and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's affirmative determinations, the existing orders on imports of PET film, sheet, and strip from India and Taiwan will remain in place.

All six Commissioners voted in the affirmative.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission's public report Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan (Inv. Nos. 701-TA-415 and 731-TA-933-934 (Review), USITC Publication 3994, April 2008) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after May 14, 2008, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.


BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the ITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (ITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the ITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan was instituted on June 1, 2007.

On September 14, 2007, the Commission voted to conduct full reviews. With respect to India, all six Commissioners found that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to Taiwan, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on November 14, 2007. That notice and a record of the Commission's votes is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Polyethylene Terephthalate (PET) Film - India (AD)," "Polyethylene Terephthalate (PET) Film - India (CVD)," and "Polyethylene Terephthalate (PET) Film - Taiwan").

In addition, a record of the Commission's votes to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

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