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AD: India Polyethylene Terephthalate (PET) Film, Sheet, and Strip

U.S. Customs and Border Protection (CBP) has issued a CBP Electronic Bulletin Board (CEBB) notice stating that due to recent International Trade Administration (ITA) remand determination (pursuant to a Court of International Trade (CIT) decision), Polyplex Corporation Limited (Polyplex) is no longer excluded from the antidumping (AD) duty order on polyethylene terephthalate (PET) film, sheet, and strip from India.

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Notice of Court of International Trade Decision

(Polyplex's AD margin in the original investigation was 10.34% before it was adjusted for the export subsidies margin found in the companion CV investigation; the adjustment resulted in an AD margin of zero for Polyplex, and its exclusion from the AD order. (When a company is excluded from an AD order, liquidation is unaffected and there is no AD cash deposit requirement. See ITT's Online Archives or 07/02/02 news, 02070245 for BP summary of AD order and Polyplex's exclusion.)

Polyplex Now Subject to AD Duty Order

As a result of its remand determinations, the ITA states that it will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of, and require a cash deposit of zero percent for, entries of subject merchandise exported by Polyplex that have a time of entry on or after June 28, 2004.

(In its remand determinations, the ITA concluded that it is not permitted to amend a final AD determination to take into account a CV order issued subsequent to the AD final determination, and therefore should not have excluded Polyplex from the AD order.)

(See ITT's Online Archives or 07/02/02 news, 02070245, for initial BP summary of ITA notice on Court Decision.)

CEBB notice (dated 07/01/04) available at http://www.cebb.customs.treas.gov/public/cgi/cebb.exe?mode=fi&area=14&name=A533824F.TXT

ITA Contact -Howard Smith(202) 482-5193

ITA notice (FR Pub 07/02/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-15226.pdf