80 FR 26229 - Preliminary Negative Determination of Circumvention of the Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 88 (May 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26229-26230 | |
| FR Document | 2015-11085 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Notices] [Pages 26229-26230] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11085] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-803] Preliminary Negative Determination of Circumvention of the Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On July 29, 2014, pursuant to allegations by Polyplex USA LLC and Flex USA Inc., the Department of Commerce (the Department) initiated an anti-circumvention inquiry to determine whether imports of polyethylene terephthalate film, sheet, and strip (PET Film) from the Kingdom of Bahrain (Bahrain) produced by JBF Bahrain S.P.C. (JBF Bahrain) are circumventing the antidumping order on PET Film from the United Arab Emirates (UAE). We preliminarily determine that PET Film produced by JBF Bahrain in [[Page 26230]] Bahrain is not circumventing the order of PET Film from the UAE,\1\ pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ 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 (November 10, 2008) (Order). --------------------------------------------------------------------------- DATES: Effective: May 7, 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: Scope of the Order The products covered by the order are all gauges of raw, pre- treated, or primed polyethylene terephthalate 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. Polyethylene terephthalate 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.\2\ --------------------------------------------------------------------------- \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Preliminary Decision Memorandum for Anti-circumvention Inquiry of the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates'' (Preliminary Decision Memorandum), dated concurrently with these results and herby adopted by this notice. --------------------------------------------------------------------------- Scope of the Anti-Circumvention Inquiry This anti-circumvention inquiry covers PET Film produced in Bahrain by JBF Bahrain from inputs (PET chips and silica chips) manufactured in the UAE, and that is subsequently exported from Bahrain to the United States. Methodology The Department has conducted this preliminary determination of circumvention in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.\3\ The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service 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 in room 7046 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Preliminary Findings As detailed in the Preliminary Decision Memorandum, the Department has preliminarily determined that the process of completion or assembly of PET Film produced by JBF Bahrain is not minor or insignificant, pursuant to section 781(b)(2) of the Act, nor is the value of the merchandise produced in the UAE a significant portion of the value of PET film exported from Bahrain to the United States, pursuant to section 781(b)(1)(D) of the Act. Therefore, the Department preliminarily determines that PET Film produced by JBF Bahrain in Bahrain using inputs from the UAE, and exported from Bahrain to the United States, is not circumventing the Order. Public Comment The Department intends to disclose the analysis used in these preliminary findings within five days of publication of this notice. Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(b)(2), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may not be filed later than five days after the time limit for filing case briefs.\4\ Case and rebuttal briefs, when submitted, must comport with the requirements contained in 19 CPR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(d)(1). --------------------------------------------------------------------------- Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the day of publication of this notice pursuant to 19 CFR 351.310(c). A request should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed.\5\ Issues raised in the hearing will be limited to those raised in case briefs. --------------------------------------------------------------------------- \5\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Final Determination According to 19 CFR 351.225(f)(5), the Department will normally issue a final scope ruling in a circumvention inquiry within 300 days of the date of the initiation inquiry. Because of the extensive cost, investment, and research and development information required for this analysis from JBF, the Department is extending the deadline for the final ruling in this inquiry. The final determination with respect to this anti-circumvention inquiry, including results of the Department's analysis of any written comments, will be issued no later than July 31, 2015. This preliminary negative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225. Dated: May 1, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Scope of the Anticircumvention Inquiry 5. Statutory Framework 6. Statutory Analysis 7. Summary of Statutory Analysis [FR Doc. 2015-11085 Filed 5-6-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices 26229
Constitution Avenue NW., Washington, The Department announced a Secretary’s presumption that
DC 20230.7 refinement to its assessment practice in reimbursement of antidumping duties
Unless otherwise extended, the NME cases. Pursuant to this refinement occurred and the subsequent assessment
Department intends to issue the final in practice, for entries that were not of double antidumping duties.
results of this administrative review, reported in the U.S. sales databases We are issuing and publishing these
which will include the results of its submitted by companies individually results of reviews in accordance with
analysis of issues raised in the case examined during this review, the sections 751(a)(l) and 777(i)(l) of the
briefs, within 120 days of publication of Department will instruct CBP to Act.
these preliminary results, pursuant to liquidate such entries at the PRC-wide Dated: April 30, 2015.
section 751(a)(3)(A) of the Act. rate. In addition, if the Department
Paul Piquado,
determines that an exporter under
Assessment Rates review had no shipments of the subject Assistant Secretary for Enforcement and
Compliance.
Upon issuance of the final results, the merchandise, any suspended entries
Department will determine, and CBP that entered under that exporter’s case Appendix—List of Topics Discussed in
shall assess, antidumping duties on all number (i.e., at that exporter’s rate) will the Preliminary Decision Memorandum
appropriate entries covered by this be liquidated at the PRC-wide rate.10
I. Summary
review.8 The Department intends to II. Background
Cash Deposit Requirements
issue appropriate assessment III. Scope of the Order
instructions to CBP 15 days after the The following cash deposit IV. Discussion of the Methodology
publication of the final results of this requirements will be effective upon A. Non-Market Economy Country
review. publication of the final results of this B. Separate Rates Determination
For each individually-examined administrative review for all shipments C. The PRC-Wide Entity
respondent in this review (i.e., of the subject merchandise from the PRC D. Surrogate Country
Dongyuan and Yingao) which has a entered, or withdrawn from warehouse, 1. Economic Comparability
weighted-average dumping margin for consumption on or after the 2. Significant Producer of Comparable
publication date, as provided for by Merchandise
which is not zero or de minimis (i.e.,
section 751(a)(2)(C) of the Act: (1) For 3. Data Availability
less than 0.5 percent), we will calculate E. Date of Sale
importer- (or customer-) specific per- the companies listed above that have a F. Fair Value Comparisons
unit duty assessment rates based on the separate rate, the cash deposit rate will 1. Determination of Comparison Method
ratio of the total amount of dumping be that rate established in the final 2. Export Price
calculated for the importer’s (or results of this review (except, if the rate 3. Value-Added Tax
customer’s) examined sales to the total is zero or de minimis, then a cash 4. Normal Value
sales quantity associated with those deposit rate of zero will be established G. Factor Valuation Methodology
sales, in accordance with 19 CFR for that company); (2) for previously H. Adjustment Under Section 777A(f) of
investigated or reviewed PRC and non- the Act
351.212(b)(1).9 Where either the
PRC exporters that received a separate I. Currency Conversion
respondent’s weighted-average dumping V. Conclusion
margin is zero or de minimis, or an rate in a prior segment of this
proceeding, the cash deposit rate will [FR Doc. 2015–11083 Filed 5–6–15; 8:45 am]
importer- (or customer-) specific
assessment rate is zero or de minimis, continue to be the existing exporter- BILLING CODE 3510–DS–P
we will instruct CBP to liquidate the specific rate; (3) for all PRC exporters of
appropriate entries without regard to subject merchandise that have not been
found to be entitled to a separate rate, DEPARTMENT OF COMMERCE
antidumping duties.
For the respondents which were not the cash deposit rate will be the rate for
the PRC-wide entity, which is 76.45 International Trade Administration
selected for individual examination in
this administrative review and which percent; and (4) for all non-PRC [A–520–803]
qualified for a separate rate, the exporters of subject merchandise which
assessment rate will be equal to the have not received their own rate, the Preliminary Negative Determination of
average of the weighted-average cash deposit rate will be the rate Circumvention of the Antidumping
dumping margins assigned to Dongyuan applicable to the PRC exporter(s) that Order on Polyethylene Terephthalate
and Yingao in the final results of this supplied that non-PRC exporter. These Film, Sheet, and Strip From the United
review. deposit requirements, when imposed, Arab Emirates
For the final results, if we continue to shall remain in effect until further
notice. AGENCY: Enforcement and Compliance,
treat the three companies identified International Trade Administration,
above as part of the PRC-wide entity, we Notification to Importers Commerce.
will instruct CBP to apply an ad
This notice also serves as a SUMMARY: On July 29, 2014, pursuant to
valorem assessment rate of 76.45
preliminary reminder to importers of allegations by Polyplex USA LLC and
percent to all entries of subject their responsibility under 19 CFR
merchandise during the POR which Flex USA Inc., the Department of
351.402(f) to file a certificate regarding Commerce (the Department) initiated an
were produced and/or exported by those the reimbursement of antidumping
companies. anti-circumvention inquiry to determine
duties prior to liquidation of the whether imports of polyethylene
relevant entries during this review
mstockstill on DSK4VPTVN1PROD with NOTICES
7 See 19 CFR 351.310(d).
terephthalate film, sheet, and strip (PET
8 See 19 CFR 351.212(b)(1).
period. Failure to comply with this Film) from the Kingdom of Bahrain
9 In these preliminary results, the Department requirement could result in the (Bahrain) produced by JBF Bahrain
applied the assessment rate calculation method S.P.C. (JBF Bahrain) are circumventing
adopted in Antidumping Proceedings: Calculation 10 For a full discussion of this practice, see Non-
the antidumping order on PET Film
of the Weighted-Average Dumping Margin and Market Economy Antidumping Proceedings:
Assessment Rate in Certain Antidumping Assessment of Antidumping Duties, 76 FR 65694
from the United Arab Emirates (UAE).
Proceedings: Final Modification, 77 FR 8101 (October 24, 2011) (NME Antidumping We preliminarily determine that PET
(February 14, 2012). Proceedings). Film produced by JBF Bahrain in
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![26230 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Bahrain is not circumventing the order 351.225(h). For a full description of the notice pursuant to 19 CFR 351.310(c). A
of PET Film from the UAE,1 pursuant to methodology underlying our request should contain: (1) The party’s
section 781(b) of the Tariff Act of 1930, conclusions, see the Preliminary name, address, and telephone number;
as amended (the Act). Decision Memorandum.3 The (2) the number of participants; and (3)
DATES: Effective: May 7, 2015. Preliminary Decision Memorandum is a list of issues to be discussed.5 Issues
FOR FURTHER INFORMATION CONTACT: on file electronically via Enforcement raised in the hearing will be limited to
Andrew Huston, AD/CVD Operations, and Compliance’s Antidumping and those raised in case briefs.
Office VII, Enforcement and Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’). Final Determination
Compliance, International Trade
Administration, U.S. Department of ACCESS is available to registered users According to 19 CFR 351.225(f)(5), the
Commerce, 14th Street and Constitution at http://access.trade.gov, and it is Department will normally issue a final
Avenue NW., Washington, DC 20230; available to all parties in the Central scope ruling in a circumvention inquiry
telephone: (202) 482–4261. Records Unit in room 7046 of the main within 300 days of the date of the
SUPPLEMENTARY INFORMATION:
Commerce building. In addition, a initiation inquiry. Because of the
complete version of the Preliminary extensive cost, investment, and research
Scope of the Order Decision Memorandum can be accessed and development information required
The products covered by the order are directly at http://enforcement.trade.gov/ for this analysis from JBF, the
all gauges of raw, pre-treated, or primed frn/. The signed Preliminary Decision Department is extending the deadline
polyethylene terephthalate film, Memorandum and electronic versions of for the final ruling in this inquiry. The
whether extruded or co-extruded. the Preliminary Decision Memorandum final determination with respect to this
Excluded are metallized films and other are identical in content. anti-circumvention inquiry, including
finished films that have had at least one results of the Department’s analysis of
Preliminary Findings
of their surfaces modified by the any written comments, will be issued no
application of a performance-enhancing As detailed in the Preliminary later than July 31, 2015.
resinous or inorganic layer more than Decision Memorandum, the Department This preliminary negative
0.00001 inches thick. Also excluded is has preliminarily determined that the circumvention determination is
roller transport cleaning film which has process of completion or assembly of published in accordance with section
at least one of its surfaces modified by PET Film produced by JBF Bahrain is 781(b) of the Act and 19 CFR 351.225.
application of 0.5 micrometers of SBR not minor or insignificant, pursuant to Dated: May 1, 2015.
latex. Tracing and drafting film is also section 781(b)(2) of the Act, nor is the
Paul Piquado,
excluded. Polyethylene terephthalate value of the merchandise produced in
Assistant Secretary for Enforcement and
film is classifiable under subheading the UAE a significant portion of the
Compliance.
3920.62.00.90 of the Harmonized Tariff value of PET film exported from Bahrain
Schedule of the United States (HTSUS). to the United States, pursuant to section Appendix—List of Topics Discussed in
While HTSUS subheadings are provided 781(b)(1)(D) of the Act. Therefore, the the Preliminary Decision Memorandum
for convenience and customs purposes, Department preliminarily determines 1. Summary
our written description of the scope of that PET Film produced by JBF Bahrain 2. Background
the order is dispositive.2 in Bahrain using inputs from the UAE, 3. Scope of the Order
and exported from Bahrain to the 4. Scope of the Anticircumvention Inquiry
Scope of the Anti-Circumvention United States, is not circumventing the 5. Statutory Framework
Inquiry Order. 6. Statutory Analysis
This anti-circumvention inquiry 7. Summary of Statutory Analysis
Public Comment
covers PET Film produced in Bahrain [FR Doc. 2015–11085 Filed 5–6–15; 8:45 am]
by JBF Bahrain from inputs (PET chips The Department intends to disclose BILLING CODE 3510–DS–P
and silica chips) manufactured in the the analysis used in these preliminary
UAE, and that is subsequently exported findings within five days of publication
from Bahrain to the United States. of this notice. Interested parties are DEPARTMENT OF COMMERCE
invited to comment on the preliminary
Methodology results of this review. Pursuant to 19 International Trade Administration
The Department has conducted this CFR 351.309(b)(2), interested parties [A–570–912]
preliminary determination of may submit case briefs not later than 30
circumvention in accordance with days after the date of publication of this Certain New Pneumatic Off-the-Road
section 781(b) of the Act and 19 CFR notice. Rebuttal briefs, limited to issues Tires From the People’s Republic of
raised in the case briefs, may not be China: Amended Final Results of
1 See Polyethylene Terephthalate Film, Sheet, and filed later than five days after the time Antidumping Duty Administrative
Strip From Brazil, the People’s Republic of China limit for filing case briefs.4 Case and Review; 2012–2013
and the United Arab Emirates: Antidumping Duty rebuttal briefs, when submitted, must
Orders and Amended Final Determination of Sales AGENCY: Enforcement and Compliance,
at Less Than Fair Value for the United Arab comport with the requirements
Emirates, 73 FR 66595 (November 10, 2008) contained in 19 CPR 351.309(c)(2) and International Trade Administration,
(Order). (d)(2). Commerce.
2 See Memorandum to Paul Piquado, Assistant
Any interested party who wishes to SUMMARY: The Department of Commerce
Secretary for Enforcement and Compliance, from
mstockstill on DSK4VPTVN1PROD with NOTICES
request a hearing, or to participate if one (‘‘Department’’) is amending the Final
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, is requested, must submit a written Results 1 of the administrative review of
‘‘Preliminary Decision Memorandum for Anti- request to the Assistant Secretary for
5 See 19 CFR 351.310(c).
circumvention Inquiry of the Antidumping Duty Enforcement and Compliance within 30
Order on Polyethylene Terephthalate Film, Sheet, 1 See Certain New Pneumatic Off-the-Road Tires
and Strip from the United Arab Emirates’’
days after the day of publication of this From the People’s Republic of China: Final Results
(Preliminary Decision Memorandum), dated of Antidumping Duty Administrative Review; 2012–
3 Id.
concurrently with these results and herby adopted 2013, 80 FR 20197 (April 15, 2015) (‘‘Final
by this notice. 4 See 19 CFR 351.309(d)(1). Results’’) and accompanying Memorandum from
VerDate Sep<11>2014 18:07 May 06, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\07MYN1.SGM 07MYN1](https://thefederalregister.org/doc/80_FR_26317/page/2.svg)
Document Created: 2015-12-16 07:50:16
Document Modified: 2015-12-16 07:50:16
| 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 | |
| Dates | Effective: May 7, 2015. | |
| 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 26229 |
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