80 FR 19964 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 71 (April 14, 2015)
International Trade Administration
Federal Register Volume 80, Issue 71 (April 14, 2015)
| Page Range | 19964-19965 | |
| FR Document | 2015-08581 |
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)] [Notices] [Pages 19964-19965] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08581] ----------------------------------------------------------------------- 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; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 8, 2014, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from the United Arab Emirates.\1\ This review covers one producer/exporter of subject merchandise, JBF RAK LLC (JBF). Based on our analysis of the comments and information received, we made changes to the Preliminary Results, which are discussed below. The final weighted-average dumping margin is listed below in the section titled ``Final Results of Review.'' --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 72624 (December 8, 2014) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: April 14, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261. SUPPLEMENTARY INFORMATION: Background On December 8, 2014, the Department published the Preliminary Results. Since the Preliminary Results, the following events have taken place: The Department received timely case briefs from JBF on January 14, 2015, and from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc., (collectively, Petitioners) on January 15, 2015.\2\ JBF filed a timely rebuttal brief on January 20, 2015.\3\ --------------------------------------------------------------------------- \2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A-520-803); Case Briefof JBF RAK, LLC,'' dated January 14, 2015 and ``Polyethylene Terephthalate (PET) Film, Sheet, and Strip from the United ArabEmirates: Petitioners' Case BriefCite briefs'' dated January 15, 2015. \3\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A-520-803); Rebuttal Brief of JBF RAK, LLC,'' dated January 20, 2015. --------------------------------------------------------------------------- Period of Review The period of review is November 1, 2012, through October 31, 2013. 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 by parties in the case and rebuttal briefs are addressed in the Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Issues and Decision Memorandum for the Final Results'' (Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. A list of the issues addressed in the Decision Memorandum is appended to this notice. The 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 7046. In addition, a complete version of the Decision Memorandum is also accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we made adjustments to our margin calculations for JBF. Specifically, we have made adjustments for commissions JBF received in the home and U.S. markets, we have adjusted JBF's finance expense ratio, and we have adjusted the materials cost to account for certain inputs JBF purchased from an affiliated party.\4\ A complete discussion of these adjustments and changes can be found in the Decision Memorandum. --------------------------------------------------------------------------- \4\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum for JBF RAK LLC,'' April 7, 2015. --------------------------------------------------------------------------- Final Results of Review As a result of this review, we determine that the following weighted-average dumping margins exist for the period of November 1, 2012, through October 31, 2013: ------------------------------------------------------------------------ Weighted-average dumping Producer or exporter margin (percent ad valorem) ------------------------------------------------------------------------ JBF RAK LLC................................... 11.49 ------------------------------------------------------------------------ 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). Assessment Rates The Department 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.\5\ The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \5\ The Department 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). --------------------------------------------------------------------------- [[Page 19965]] For assessment purposes we calculated importer-specific, ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of those same sales.\6\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\7\ This clarification applies to entries of subject merchandise during the period of review produced by companies under review in these final results for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate such entries at the all- others rate of 4.05 percent from the less-than-fair-value investigation if there is no rate for the intermediate company(ies) involved in the transaction.\8\ --------------------------------------------------------------------------- \7\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). \8\ Id.; see also 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). --------------------------------------------------------------------------- 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 Tariff Act of 1930, as amended (the Act): (1) For the company covered by this review, the cash deposit rate will be equal to the weighted-average dumping margin listed above in the section ``Final Results of Review;'' (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 (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.\9\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ Id. --------------------------------------------------------------------------- Notification Regarding Administrative Protective Orders 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 sanctionable violation. Notification to Importers This notice also 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 review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred which will result in the subsequent assessment of double antidumping duties. 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: April 7, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix Issues in the Decision Memorandum Comment 1: Adjustments for Commissions in U.S. Dollars Rather than Local Currency Comment 2: Financing Expense Ratio is Not Supported by Information on the Record Comment 3: The Financing Expense Ratio Does Not Include All Elements of Financing Comment 4: Differences in Prices Paid to Affiliated and Unaffiliated Suppliers in Material Cost Adjustments Comment 5: Commissions to Offset Normal Value [FR Doc. 2015-08581 Filed 4-13-15; 8:45 am] BILLING CODE 3510-DS-P
![19964 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices
152. Zhejiang Changxing Guangming Special from JBF on January 14, 2015, and from (ACCESS). ACCESS is available to
Refractory Material Foundry, Co., Ltd. DuPont Teijin Films, Mitsubishi registered users at http://
153. Zhejiang Deqing Jinlei Refractory Co., Polyester Film, Inc., and SKC, Inc., access.trade.gov, and it is available to
Ltd. (collectively, Petitioners) on January 15, all parties in the Central Records Unit
154. Zhejiang Huzhou Fuzilin Refractory
Metals Group Co., Ltd.
2015.2 JBF filed a timely rebuttal brief of the main Commerce Building, Room
155. Zhengzhou Annec Industrial Co., Ltd. on January 20, 2015.3 7046. In addition, a complete version of
156. Zhengzhou Huachen Refractory Co., Ltd. Period of Review the Decision Memorandum is also
157. Zhengzhou Huawei Refractories Co., accessible on the internet at http://
Ltd. The period of review is November 1, enforcement.trade.gov/frn/index.html.
158. Zibo Lianzhu Refractory Materials Co., 2012, through October 31, 2013. The signed Decision Memorandum and
Ltd. the electronic versions of the Decision
Scope of the Order
[FR Doc. 2015–08591 Filed 4–13–15; 8:45 am] Memorandum are identical in content.
The products covered by the order are
BILLING CODE 3510–DS–P
all gauges of raw, pre-treated, or primed Changes Since the Preliminary Results
polyethylene terephthalate film (PET Based on our analysis of the
DEPARTMENT OF COMMERCE Film), whether extruded or co-extruded. comments received, we made
Excluded are metallized films and other adjustments to our margin calculations
International Trade Administration finished films that have had at least one
for JBF. Specifically, we have made
of their surfaces modified by the
[A–520–803] adjustments for commissions JBF
application of a performance-enhancing
received in the home and U.S. markets,
resinous or inorganic layer more than
Polyethylene Terephthalate Film, we have adjusted JBF’s finance expense
0.00001 inches thick. Also excluded is
Sheet, and Strip From the United Arab ratio, and we have adjusted the
roller transport cleaning film which has
Emirates: Final Results of materials cost to account for certain
at least one of its surfaces modified by
Antidumping Duty Administrative inputs JBF purchased from an affiliated
application of 0.5 micrometers of SBR
Review; 2012–2013 party.4 A complete discussion of these
latex. Tracing and drafting film is also
excluded. PET Film is classifiable under adjustments and changes can be found
AGENCY: Enforcement and Compliance, in the Decision Memorandum.
International Trade Administration, subheading 3920.62.00.90 of the
Department of Commerce. Harmonized Tariff Schedule of the Final Results of Review
SUMMARY: On December 8, 2014, the
United States (HTSUS). While HTSUS
As a result of this review, we
Department of Commerce (the subheadings are provided for
convenience and customs purposes, our determine that the following weighted-
Department) published the preliminary average dumping margins exist for the
results of administrative review of the written description of the scope of the
order is dispositive. period of November 1, 2012, through
antidumping duty order on October 31, 2013:
polyethylene terephthalate film (PET Analysis of Comments Received
Film) from the United Arab Emirates.1 All issues raised by parties in the case Producer or Weighted-average
This review covers one producer/ dumping margin
and rebuttal briefs are addressed in the exporter
exporter of subject merchandise, JBF (percent ad valorem)
Memorandum to Ronald K. Lorentzen,
RAK LLC (JBF). Based on our analysis Acting Assistant Secretary for JBF RAK LLC ....... 11.49
of the comments and information Enforcement and Compliance, from
received, we made changes to the Christian Marsh, Deputy Assistant Disclosure
Preliminary Results, which are Secretary for Antidumping and
discussed below. The final weighted- We will disclose to interested parties
Countervailing Duty Operations,
average dumping margin is listed below the calculations performed in
‘‘Antidumping Duty Administrative
in the section titled ‘‘Final Results of connection with these final results
Review of Polyethylene Terephthalate
Review.’’ within five days of the publication of
Film, Sheet, and Strip from the United
DATES: Effective Date: April 14, 2015. this notice, consistent with 19 CFR
Arab Emirates: Issues and Decision
FOR FURTHER INFORMATION CONTACT:
351.224(b).
Memorandum for the Final Results’’
Andrew Huston, AD/CVD Operations, (Decision Memorandum), dated Assessment Rates
Office VII, Enforcement and concurrently with, and hereby adopted The Department shall determine, and
Compliance, International Trade by, this notice. A list of the issues U.S. Customs and Border Protection
Administration, U.S. Department of addressed in the Decision Memorandum (CBP) shall assess, antidumping duties
Commerce, 14th Street and Constitution is appended to this notice. The Decision on all appropriate entries of subject
Avenue NW., Washington, DC 20230; Memorandum is a public document and merchandise in accordance with the
telephone: (202) 482–4261. is available electronically via final results of this review.5 The
SUPPLEMENTARY INFORMATION: Enforcement and Compliance’s Department intends to issue appropriate
Antidumping and Countervailing Duty assessment instructions directly to CBP
Background Centralized Electronic Services System 15 days after the date of publication of
On December 8, 2014, the Department
these final results of review.
published the Preliminary Results. 2 See ‘‘Polyethylene Terephthalate (PET) Film,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Since the Preliminary Results, the Sheet and Strip from the United Arab Emirates (A–
520–803); Case Briefof JBF RAK, LLC,’’ dated 4 See Memorandum to Mark Hoadley, ‘‘Final
following events have taken place: The January 14, 2015 and ‘‘Polyethylene Terephthalate Analysis Memorandum for JBF RAK LLC,’’ April 7,
Department received timely case briefs (PET) Film, Sheet, and Strip from the United 2015.
ArabEmirates: Petitioners’ Case BriefCite briefs’’ 5 The Department applied the assessment rate
1 See Polyethylene Terephthalate Film, Sheet, and dated January 15, 2015. calculation method adopted in Antidumping
Strip from the United Arab Emirates: Preliminary 3 See ‘‘Polyethylene Terephthalate (PET) Film, Proceedings: Calculation of the Weighted-Average
Results of Antidumping Duty Administrative Sheet and Strip from the United Arab Emirates (A– Dumping Margin and Assessment Rate in Certain
Review; 2012–2013, 79 FR 72624 (December 8, 520–803); Rebuttal Brief of JBF RAK, LLC,’’ dated Antidumping Proceedings: Final Modification, 77
2014) (Preliminary Results). January 20, 2015. FR 8101 (February 14, 2012).
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![Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices 19965
For assessment purposes we the exporter nor the producer is a firm Comment 5: Commissions to Offset Normal
calculated importer-specific, ad valorem covered in this review or in any Value
assessment rates based on the ratio of previously completed segment of this [FR Doc. 2015–08581 Filed 4–13–15; 8:45 am]
the total amount of dumping calculated proceeding, then the cash deposit rate BILLING CODE 3510–DS–P
for the examined sales to the total will be 4.05 percent, the all-others rate
entered value of those same sales.6 We established in the less than fair value
will instruct CBP to assess antidumping investigation.9 These cash deposit DEPARTMENT OF COMMERCE
duties on all appropriate entries covered requirements, when imposed, shall
by this review. remain in effect until further notice. International Trade Administration
The Department clarified its [A–583–844]
‘‘automatic assessment’’ regulation on Notification Regarding Administrative
May 6, 2003.7 This clarification applies Protective Orders
Narrow Woven Ribbons With Woven
to entries of subject merchandise during This notice is the only reminder to Selvedge From Taiwan: Rescission, in
the period of review produced by parties subject to the administrative Part, of Antidumping Duty
companies under review in these final protective order (APO) of their Administrative Review; 2013–2014
results for which the reviewed responsibility concerning the return or
companies did not know their destruction of proprietary information AGENCY: Enforcement and Compliance,
merchandise was destined for the disclosed under the APO in accordance International Trade Administration,
United States. In such instances, we will with 19 CFR 351.305(a)(3), which Department of Commerce.
instruct CBP to liquidate such entries at continues to govern business DATES: Effective date: April 14, 2015.
the all-others rate of 4.05 percent from proprietary information in this segment FOR FURTHER INFORMATION CONTACT:
the less-than-fair-value investigation if of the proceeding. Timely written Alice Maldonado or David Crespo, AD/
there is no rate for the intermediate notification of the return or destruction CVD Operations, Office II, Enforcement
company(ies) involved in the of APO materials, or conversion to and Compliance, U.S. Department of
transaction.8 judicial protective order, is hereby Commerce, 14th Street and Constitution
requested. Failure to comply with the Avenue NW., Washington, DC 20230;
Cash Deposit Requirements regulations and the terms of an APO is telephone: (202) 482–4682 and (202)
The following cash deposit a sanctionable violation. 482–3693, respectively.
requirements will be effective upon SUPPLEMENTARY INFORMATION:
publication of the final results of this Notification to Importers
administrative review for all shipments This notice also serves as a final Background
of subject merchandise entered, or reminder to importers of their On September 1, 2010, the
withdrawn from warehouse, for responsibility under 19 CFR Department of Commerce (Department)
consumption on or after the publication 351.402(f)(2) to file a certificate published in the Federal Register the
date of these final results, as provided regarding the reimbursement of antidumping duty order on narrow
by section 751(a)(2)(C) of the Tariff Act antidumping duties prior to liquidation woven ribbons with woven selvedge
of 1930, as amended (the Act): (1) For of the relevant entries during this (narrow woven ribbons) from Taiwan.1
the company covered by this review, the review period. Failure to comply with On September 2, 2014, the Department
cash deposit rate will be equal to the this requirement could result in the published a notice of opportunity to
weighted-average dumping margin Department’s presumption that request an administrative review of the
listed above in the section ‘‘Final reimbursement of antidumping duties antidumping duty order, covering the
Results of Review;’’ (2) for merchandise occurred which will result in the period September 1, 2013, through
exported by producers or exporters not subsequent assessment of double August 31, 2014.2 On September 30,
covered in this review but covered in a antidumping duties. 2014, the Department received a timely
previously completed segment of this Notification to Interested Parties request for an antidumping duty
proceeding, the cash deposit rate will administrative review from the
continue to be the company-specific rate We are issuing and publishing these
petitioner, Berwick Offray LLC, and its
published in the final results for the final results and this notice in
wholly-owned subsidiary Lion Ribbon
most recent period in which that accordance with sections 751(a)(1) and
Company, Inc. (the petitioner), for the
producer or exporter participated; (3) if 777(i)(1) of the Act and 19 CFR
351.213(h). following companies: (1) A-Madeus
the exporter is not a firm covered in this Textile Ltd. (A-Madeus); (2) Cheng
review or in any previous segment of Dated: April 7, 2015. Hsing Ribbon Factory (Cheng Hsing); (3)
this proceeding, but the producer is, Ronald K. Lorentzen, Fujian Rongshu Industry Co., Ltd.
then the cash deposit rate will be that Acting Assistant Secretary for Enforcement (Fujian Rongshu); (4) Guangzhou
established for the producer of the and Compliance. Complacent Weaving Co., Ltd.
merchandise in these final results of (Guangzhou Complacent); (5) Hen Hao
review or in the final results for the Appendix
Trading Co. Ltd. a.k.a. Taiwan Tulip
most recent period in which that Issues in the Decision Memorandum Ribbons and Braids Co. Ltd. (Hen Hao);
producer participated; and (4) if neither Comment 1: Adjustments for Commissions in (6) King Young Enterprises Co., Ltd.
U.S. Dollars Rather than Local Currency (King Young); (7) Roung Shu Industry
6 See 19 CFR 351.212(b)(1). Comment 2: Financing Expense Ratio is Not
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Corporation (Roung Shu); (8) Xiamen
7 See Antidumping and Countervailing Duty Supported by Information on the Record
Proceedings: Assessment of Antidumping Duties, 68 Comment 3: The Financing Expense Ratio
1 See Narrow Woven Ribbons With Woven
FR 23954 (May 6, 2003). Does Not Include All Elements of
8 Id.; see also Polyethylene Terephthalate Film,
Financing Selvedge From Taiwan and the People’s Republic
Sheet, and Strip From Brazil, the People’s Republic of China: Antidumping Duty Orders, 75 FR 53632
Comment 4: Differences in Prices Paid to (September 1, 2010).
of China and the United Arab Emirates:
Affiliated and Unaffiliated Suppliers in 2 See Antidumping or Countervailing Duty Order,
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value for Material Cost Adjustments Finding, or Suspended Investigation; Opportunity
the United Arab Emirates, 73 FR 66595, 66596 To Request Administrative Review, 79 FR 51958
(November 10, 2008). 9 Id. (September 2, 2014).
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Document Created: 2015-12-18 11:09:59
Document Modified: 2015-12-18 11:09:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261. | |
| FR Citation | 80 FR 19964 |
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