84 FR 20099 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2016-2017

The Department of Commerce (Commerce) determines that JBF RAK LLC (JBF) made sales of subject merchandise at less than normal value during the period of review (POR), November 1, 2016, through October 31, 2017.

[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20099-20101]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-09454]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Polyethylene Terephthalate Film, Sheet, and Strip From the United 
Arab Emirates: Final Results of Antidumping Duty Administrative Review; 
2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that JBF RAK 
LLC (JBF) made sales of subject merchandise at less than normal value 
during the period of review (POR), November 1, 2016, through October 
31, 2017.

DATES: May 8, 2019.

[[Page 20100]]


FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review on December 7, 2018.\1\ We invited interested parties to comment 
on the Preliminary Results. Commerce exercised its discretion to toll 
all deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\2\ This extended the deadline for the final results to May 16, 
2019. On February 19, 2019, Commerce received a case brief from DuPont 
Teijin Film, Mitsubishi Polyester Film, Inc., and SKC Inc. 
(collectively, the petitioners).\3\ No party filed a rebuttal brief.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 63157 (December 7, 2018) 
(Preliminary Results).
    \2\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
affected by the partial federal government closure have been 
extended by 40 days.
    \3\ See ``Polyethylene Terephthalate Film, Sheet and Strip from 
the United Arab Emirates: Petitioners' Case Brief,'' dated February 
19, 2019.
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Scope of the Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film (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 
customs purposes, our written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in the sole case brief filed in this review are 
addressed in the Issues and Decision Memorandum.\4\ A list of the 
topics discussed in the Issues and Decision Memorandum is appended to 
this notice. The Issues and Decision Memorandum is a public document 
and is available electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Services 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central 
Records Unit of the main Commerce Building, Room B-8024. In addition, a 
complete version of the Issues and Decision Memorandum is also 
accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from the United 
Arab Emirates: Issues and Decision Memorandum for the Final Results; 
2016-2017'' (Issues and Decision Memorandum), dated concurrently 
with and herby adopted by this notice.
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Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made changes to 
our margin calculations for JBF. Specifically, we revised our 
calculation of per-unit cost adjustments for direct labor, variable 
overhead and fixed overhead costs.\5\ A complete discussion of this 
change can be found in the Issues and Decision Memorandum.
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    \5\ See Issues and Decision Memorandum at 2-3.
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Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margin for the manufacturer/exporter listed 
below exists for the period of November 1, 2016, through October 31, 
2017:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                 Manufacturer/exporter                   margin (percent
                                                           ad valorem)
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JBF RAK LLC............................................           70.75
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.\6\ Commerce intends to issue 
appropriate assessment instructions directly to CBP 15 days after the 
date of publication of these final results of review.
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    \6\ Commerce applied the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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    For JBF, we will calculate importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1). We will 
instruct CBP to continue to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, were applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided by section 751(a)(2)(C) of the Act: (1) For JBF, 
the cash deposit rate will be equal to the weighted-average dumping 
margin listed above in the ``Final Results of Review'' section; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a previously completed segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the final results for the most recent period 
in which that producer or exporter participated; (3) if the exporter is 
not a firm covered in this review or in any previous segment of this 
proceeding, but the producer is, then the cash deposit rate will be 
that established for the producer of the merchandise in these final 
results of review or in the final results for the most recent period in 
which that producer participated; and

[[Page 20101]]

(4) if neither the exporter nor the producer is a firm covered in this 
review or in any previously completed segment of this proceeding, then 
the cash deposit rate will be 4.05 percent, the all-others rate 
established in the less than fair value investigation.\7\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \7\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Brazil, the People's Republic of China and the United Arab Emirates: 
Antidumping Duty Orders and Amended Final Determination of Sales at 
Less Than Fair Value for the United Arab Emirates, 73 FR 66595, 
66596 (November 10, 2008).
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Disclosure

    We will disclose to interested parties the calculations performed 
in connection with these final results within five days of the 
publication of this notice, consistent with 19 CFR 351.224(b).

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 
CFR 351.213(h).

     Dated: May 1, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Comment
    Comment: JBF's Cost of Production
V. Recommendation

[FR Doc. 2019-09454 Filed 5-7-19; 8:45 am]
 BILLING CODE 3510-DS-P