80_FR_33353 80 FR 33241 - Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013

80 FR 33241 - Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33241-33243
FR Document2015-14349

On December 5, 2014, the Department of Commerce (the ``Department'') published its Preliminary Results in the 2012-2013 administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from the People's Republic of China (PRC).\1\ The period of review (``POR'') is November 1, 2012, through October 31, 2013. This review covers four companies: Shaoxing Xiangyu Green Packing Co. Ltd. (``Green Packing'') and Tianjin Wanhua Co., Ltd. (``Wanhua''), which were subject to individual examination, as well as Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films'') and Sichuan Dongfang Insulating Material Co., Ltd., (``Dongfang'').\2\ Based on our analysis of the comments received, we made certain changes to our margin calculations for Wanhua. The final dumping margins for this review are listed in the ``Final Results'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33241-33243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14349]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-924]


Polyethylene Terephthalate Film, Sheet, and Strip From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2012-
2013

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

SUMMARY: On December 5, 2014, the Department of Commerce (the 
``Department'') published its Preliminary Results in the 2012-2013 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip from the People's Republic of 
China (PRC).\1\ The period of review (``POR'') is November 1, 2012, 
through October 31, 2013. This review covers four companies: Shaoxing 
Xiangyu Green Packing Co. Ltd. (``Green Packing'') and Tianjin Wanhua 
Co., Ltd. (``Wanhua''), which were subject to individual examination, 
as well as Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films'') and 
Sichuan Dongfang Insulating Material Co., Ltd., (``Dongfang'').\2\ 
Based on our analysis of the comments received, we made certain changes 
to our margin calculations for Wanhua. The final dumping margins for 
this review are listed in the ``Final Results'' section below.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the People's Republic of China: Preliminary Results of Antidumping 
Duty Administrative Review, Preliminary Determination of No 
Shipments and Partial Rescission of Review; 2012-2013, 79 FR 72166 
(December 5, 2014) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum. The Department notes that Fuwei 
Films and Dongfang had no reviewable entries.
    \2\ The review of Huangshi Yucheng Trade Co., Ltd. was 
rescinded. See Preliminary Results.

---------------------------------------------------------------------------
DATES: Effective Date: June 11, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jonathan Hill, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-3518, respectively.

Background

    On December 5, 2014, the Department published its Preliminary 
Results in this review. We received case briefs from Mitsubishi 
Polyester Film, Inc. and SKC, Inc. (collectively ``Petitioners''), 
Green Packing, and Wanhua on January 14, 2015.\3\ On January 26, 2015, 
Petitioners and Wanhua submitted rebuttal briefs.\4\ On March 23, 2015, 
Green Packing and Wanhua resubmitted case briefs and Petitioners 
resubmitted its rebuttal brief \5\ to redact certain untimely new 
factual information.
---------------------------------------------------------------------------

    \3\ See Letter from Petitioners to the Secretary of Commerce, 
``Polyethylene Terephthalate Film, Sheet, and Strip from the 
People's Republic of China: Petitioners' Case Brief,'' dated January 
14, 2015. Also, on January 14, 2015, the Department received a 
letter in lieu of a case brief from Terphane, Inc., in which 
Terphane, Inc. states that it supports the Department preliminary 
results and arguments made by Petitioners in Petitioners' case 
brief. See Wanhua's and Green Packing's resubmitted case briefs 
dated March 23, 2015.
    \4\ See Letter from Wanhua to the Secretary of Commerce, 
``Polyethylene Terephthalate (PET) Film from the People's Republic 
of China; A-570-924; Rebuttal Brief,'' dated January 26, 2015 
(``Wanhua Rebuttal Brief''). Also, on January 26, 2015, the 
Department received a letter in lieu of a rebuttal brief from 
Terphane, Inc., in which Terphane, Inc. states that it supports all 
arguments made by Petitioners in Petitioners' case brief. See 
Petitioners resubmitted rebuttal brief dated March 23, 2015.
    \5\ See Letter from Green Packing to the Secretary of Commerce 
``Polyethylene Terephthalate (PET) Film from China,'' dated March 
23, 2015; see also letter from Wanhua to the Secretary of Commerce, 
``Polyethylene Terephthalate (PET) Film from the People's Republic 
of China; A-570-924; Resubmission of Case Brief,'' dated March 23, 
2015; see also letter from Petitioners to the Secretary of Commerce, 
``Polyethylene Terephthalate Film, Sheet, and Strip from the 
People's Republic of China: Resubmission of Petitioners' Rebuttal 
Brief,'' dated March 23, 2015.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded. PET film 
is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
    For the full text of the scope of the order, see Memorandum to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Issues and Decision 
Memorandum for the Final Results of the 2012-2013 Administrative 
Review,'' (``Issues and Decision Memorandum''), dated concurrently with 
this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the

[[Page 33242]]

issues that parties raised and to which we responded in the Issues and 
Decision Memorandum follows as an appendix to this notice. The Issues 
and Decision Memorandum is a public document and 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 
in the Central Records Unit, Room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we revised the 
margin calculations for Wanhua. Specifically, we corrected two errors 
in our calculations by deducting marine insurance expenses \6\ and 
value added taxes \7\ from Wanhua's U.S. sales prices, both of which we 
inadvertently failed to deduct in the Preliminary Results.
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at Comment 6.
    \7\ See Memorandum from Jonathan Hill, International Trade 
Compliance Analyst to Howard Smith, Program Manager, AD/CVD 
Operation, Office IV ``Analysis for the Final Results of the 2012-
2013 Administrative Review of the Antidumping Duty Order on 
Polyethylene Terephthalate Film, Sheet and Strip from the People's 
Republic of China: Tianjin Wanhua Co., Ltd.,'' dated concurrently 
with this notice.
---------------------------------------------------------------------------

Final Determination of No Shipments

    For these final results, the Department continues \8\ to find that 
Fuwei Films and Dongfang did not have any reviewable entries during the 
POR.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at ``Preliminary Determination of No 
Shipments.''
    \9\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------

Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                           (percentage)
------------------------------------------------------------------------
Shaoxing Xiangyu Green Packing Co. Ltd..................           35.10
Tianjin Wanhua Co., Ltd.................................           72.15
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department will calculate 
importer- (or customer)-specific assessment rates for merchandise 
subject to this review. Where appropriate, we calculated a per-unit 
rate for each importer (or customer) by dividing the total dumping 
margins for reviewed sales to that party by the total sales quantity 
associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting 
per-unit rate against the entered quantity of the subject 
merchandise.\10\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate is above de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
---------------------------------------------------------------------------

    \10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate (i.e., 76.72 percent).\11\ Additionally, if the Department 
determines that an exporter under review had no shipments of the 
subject merchandise, any suspended entries that entered under that 
exporter's case number will be liquidated at the PRC-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be the rate listed for each exporter in the table in 
the ``Final Results'' section of this notice; (2) for previously 
investigated or reviewed PRC and non-PRC exporters that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific rate; (3) for 
all PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate 
previously established for the PRC-wide entity; and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the Secretary's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order (``APO'')

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, 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 terms of an APO is a violation which is subject to 
sanction.
    We are issuing these results of administrative review and 
publishing

[[Page 33243]]

notice in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Scope of the Order
Discussion of the Issues
    I. General Issues
    Comment 1: Respondent Selection
    Comment 2: Surrogate Country Selection
    A. Whether South Africa is a Significant Producer of Comparable 
Merchandise
    B. Quality of the Indonesian and South African Surrogate Value 
Data
    C. Surrogate Financial Statements
    Comment 3: SV for Paper Core
    II. Company-Specific Issues
    Comment 4: Treatment of Green Packing's Reintroduced PET By-
Product
    Comment 5: Value-Added Tax (``VAT'') Adjustment to Wanhua's U.S. 
Sales Price
    Comment 6: Deduction of Marine Insurance from Wanhua's U.S. 
Sales Prices
Recommendation
[FR Doc. 2015-14349 Filed 6-10-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices                                                       33241

                                                  800–977–8339 and providing the                          DEPARTMENT OF COMMERCE                                 SKC, Inc. (collectively ‘‘Petitioners’’),
                                                  operator with the conference call                                                                              Green Packing, and Wanhua on January
                                                  number 1–888–510–1765 and                               International Trade Administration                     14, 2015.3 On January 26, 2015,
                                                  conference call ID code 8558900#.                                                                              Petitioners and Wanhua submitted
                                                                                                          [A–570–924]
                                                     Members of the public are invited to                                                                        rebuttal briefs.4 On March 23, 2015,
                                                  submit written comments; the                            Polyethylene Terephthalate Film,                       Green Packing and Wanhua resubmitted
                                                  comments must be received in the                        Sheet, and Strip From the People’s                     case briefs and Petitioners resubmitted
                                                  regional office by Monday, July 27,                     Republic of China: Final Results of                    its rebuttal brief 5 to redact certain
                                                  2015. Written comments may be mailed                    Antidumping Duty Administrative                        untimely new factual information.
                                                  to the Eastern Regional Office, U.S.                    Review and Final Determination of No                   Scope of the Order
                                                  Commission on Civil Rights, 1331                        Shipments; 2012–2013                                      The products covered by the order are
                                                  Pennsylvania Avenue, Suite 1150,
                                                                                                          AGENCY:   Enforcement and Compliance,                  all gauges of raw, pre-treated, or primed
                                                  Washington, DC 20425, faxed to (202)
                                                                                                          International Trade Administration,                    PET film, whether extruded or co-
                                                  376–7548, or emailed to Evelyn Bohor at
                                                                                                          Department of Commerce.                                extruded. PET film is classifiable under
                                                  ero@usccr.gov. Persons who desire
                                                                                                          SUMMARY: On December 5, 2014, the                      subheading 3920.62.00.90 of the
                                                  additional information may contact the
                                                                                                          Department of Commerce (the                            Harmonized Tariff Schedule of the
                                                  Eastern Regional Office at (202) 376–
                                                                                                          ‘‘Department’’) published its                          United States (‘‘HTSUS’’). Although the
                                                  7533.
                                                                                                          Preliminary Results in the 2012–2013                   HTSUS subheadings are provided for
                                                     Records and documents discussed                                                                             convenience and customs purposes, our
                                                  during the meeting will be available for                administrative review of the
                                                                                                          antidumping duty order on                              written description of the scope of the
                                                  public viewing as they become available                                                                        order is dispositive.
                                                  at http://facadatabase.gov/committee/                   polyethylene terephthalate film, sheet,
                                                                                                          and strip from the People’s Republic of                   For the full text of the scope of the
                                                  meetings.aspx?cid=2681 and clicking on                                                                         order, see Memorandum to Ronald K.
                                                  the ‘‘Meeting Details’’ and ‘‘Documents’’               China (PRC).1 The period of review
                                                                                                                                                                 Lorentzen, Acting Assistant Secretary
                                                  links. Records generated from this                      (‘‘POR’’) is November 1, 2012, through
                                                                                                                                                                 for Enforcement and Compliance from
                                                  meeting may also be inspected and                       October 31, 2013. This review covers
                                                                                                                                                                 Christian Marsh, Deputy Assistant
                                                  reproduced at the Eastern Regional                      four companies: Shaoxing Xiangyu
                                                                                                                                                                 Secretary for Antidumping and
                                                  Office, as they become available, both                  Green Packing Co. Ltd. (‘‘Green
                                                                                                                                                                 Countervailing Duty Operations, ‘‘Issues
                                                  before and after the meeting. Persons                   Packing’’) and Tianjin Wanhua Co., Ltd.
                                                                                                                                                                 and Decision Memorandum for the
                                                  interested in the work of this advisory                 (‘‘Wanhua’’), which were subject to
                                                                                                                                                                 Final Results of the 2012–2013
                                                  committee are advised to go to the                      individual examination, as well as
                                                                                                                                                                 Administrative Review,’’ (‘‘Issues and
                                                  Commission’s Web site, www.usccr.gov,                   Fuwei Films (Shandong) Co., Ltd.
                                                                                                                                                                 Decision Memorandum’’), dated
                                                  or to contact the Eastern Regional Office               (‘‘Fuwei Films’’) and Sichuan Dongfang
                                                                                                                                                                 concurrently with this notice.
                                                  at the above phone number, email or                     Insulating Material Co., Ltd.,
                                                  street address.                                         (‘‘Dongfang’’).2 Based on our analysis of              Analysis of Comments Received
                                                                                                          the comments received, we made                           All issues raised in the case and
                                                  Agenda                                                  certain changes to our margin                          rebuttal briefs filed by parties in this
                                                                                                          calculations for Wanhua. The final                     review are addressed in the Issues and
                                                  Welcome and Introductions
                                                                                                          dumping margins for this review are                    Decision Memorandum, which is hereby
                                                    Tara Martinez, Vice Chair                             listed in the ‘‘Final Results’’ section                adopted by this notice. A list of the
                                                  Discuss Plans for Future Briefing                       below.
                                                    Meeting                                               DATES: Effective Date: June 11, 2015.                     3 See Letter from Petitioners to the Secretary of

                                                    WV State Advisory Committee                           FOR FURTHER INFORMATION CONTACT:                       Commerce, ‘‘Polyethylene Terephthalate Film,
                                                                                                                                                                 Sheet, and Strip from the People’s Republic of
                                                  Administrative Matters                                  Thomas Martin or Jonathan Hill, AD/                    China: Petitioners’ Case Brief,’’ dated January 14,
                                                    Ivy L. Davis, DFO                                     CVD Operations, Office IV, Enforcement                 2015. Also, on January 14, 2015, the Department
                                                                                                          and Compliance, International Trade                    received a letter in lieu of a case brief from
                                                  DATES: Friday, June 26, 2015 at 10:00                   Administration, U.S. Department of                     Terphane, Inc., in which Terphane, Inc. states that
                                                  a.m. (EDT).                                             Commerce, 14th Street and Constitution
                                                                                                                                                                 it supports the Department preliminary results and
                                                                                                                                                                 arguments made by Petitioners in Petitioners’ case
                                                  ADDRESSES:   The meeting will be held                   Avenue NW., Washington, DC 20230;                      brief. See Wanhua’s and Green Packing’s
                                                  via teleconference:                                     telephone: (202) 482–3936 or (202) 482–                resubmitted case briefs dated March 23, 2015.
                                                                                                                                                                    4 See Letter from Wanhua to the Secretary of
                                                    Conference Call-in Number: 1–888–                     3518, respectively.
                                                                                                                                                                 Commerce, ‘‘Polyethylene Terephthalate (PET) Film
                                                  510–1765; Conference Call ID code:                      Background                                             from the People’s Republic of China; A–570–924;
                                                  8558900#.                                                                                                      Rebuttal Brief,’’ dated January 26, 2015 (‘‘Wanhua
                                                                                                            On December 5, 2014, the Department                  Rebuttal Brief’’). Also, on January 26, 2015, the
                                                    TDD: Dial Federal Relay Service 1–
                                                                                                          published its Preliminary Results in this              Department received a letter in lieu of a rebuttal
                                                  800–977–8339 and give the operator the                                                                         brief from Terphane, Inc., in which Terphane, Inc.
                                                                                                          review. We received case briefs from
                                                  above                                                                                                          states that it supports all arguments made by
                                                                                                          Mitsubishi Polyester Film, Inc. and                    Petitioners in Petitioners’ case brief. See Petitioners
                                                    Conference Call-in number and                                                                                resubmitted rebuttal brief dated March 23, 2015.
                                                  Conference Call ID code.                                  1 See Polyethylene Terephthalate Film, Sheet, and       5 See Letter from Green Packing to the Secretary
                                                                                                          Strip from the People’s Republic of China:             of Commerce ‘‘Polyethylene Terephthalate (PET)
                                                  FOR FURTHER INFORMATION CONTACT:    Ivy                 Preliminary Results of Antidumping Duty                Film from China,’’ dated March 23, 2015; see also
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  L. Davis at ero@usccr.gov, or 202–376–                  Administrative Review, Preliminary Determination       letter from Wanhua to the Secretary of Commerce,
                                                  7533.                                                   of No Shipments and Partial Rescission of Review;      ‘‘Polyethylene Terephthalate (PET) Film from the
                                                                                                          2012–2013, 79 FR 72166 (December 5, 2014)              People’s Republic of China; A–570–924;
                                                    Dated: Friday, June 5, 2015.                          (Preliminary Results), and accompanying                Resubmission of Case Brief,’’ dated March 23, 2015;
                                                  David Mussatt,                                          Preliminary Decision Memorandum. The                   see also letter from Petitioners to the Secretary of
                                                  Chief, Regional Programs Unit.                          Department notes that Fuwei Films and Dongfang         Commerce, ‘‘Polyethylene Terephthalate Film,
                                                                                                          had no reviewable entries.                             Sheet, and Strip from the People’s Republic of
                                                  [FR Doc. 2015–14237 Filed 6–10–15; 8:45 am]               2 The review of Huangshi Yucheng Trade Co.,          China: Resubmission of Petitioners’ Rebuttal Brief,’’
                                                  BILLING CODE 6335–01–P                                  Ltd. was rescinded. See Preliminary Results.           dated March 23, 2015.



                                             VerDate Sep<11>2014   17:06 Jun 10, 2015   Jkt 235001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\11JNN1.SGM   11JNN1


                                                  33242                          Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

                                                  issues that parties raised and to which                 Assessment Rates                                       publication date of this notice in the
                                                  we responded in the Issues and                             The Department will determine, and                  Federal Register, as provided by section
                                                  Decision Memorandum follows as an                       U.S. Customs and Border Protection                     751(a)(2)(C) of the Act: (1) For the
                                                  appendix to this notice. The Issues and                 (‘‘CBP’’) shall assess, antidumping                    exporters listed above, the cash deposit
                                                  Decision Memorandum is a public                         duties on all appropriate entries covered              rate will be the rate listed for each
                                                  document and is on file electronically                  by this review. The Department intends                 exporter in the table in the ‘‘Final
                                                  via Enforcement and Compliance’s                        to issue assessment instructions to CBP                Results’’ section of this notice; (2) for
                                                  Antidumping and Countervailing Duty                     15 days after the publication date of                  previously investigated or reviewed PRC
                                                  Centralized Electronic Service System                   these final results of this review. In                 and non-PRC exporters that received a
                                                  (‘‘ACCESS’’). ACCESS is available to                    accordance with 19 CFR 351.212(b)(1),                  separate rate in a prior segment of this
                                                  registered users at http://                             we are calculating importer- (or                       proceeding, the cash deposit rate will
                                                  access.trade.gov and in the Central                     customer-) specific assessment rates for               continue to be the existing exporter-
                                                  Records Unit, Room 7046 of the main                     the merchandise subject to this review.                specific rate; (3) for all PRC exporters of
                                                  Department of Commerce building. In                     For any individually examined                          subject merchandise that have not been
                                                  addition, a complete version of the                     respondent whose weighted-average                      found to be entitled to a separate rate,
                                                  Issues and Decision Memorandum can                      dumping margin is above de minimis                     the cash deposit rate will be the rate
                                                  be accessed directly on the Internet at                 (i.e., 0.50 percent), the Department will              previously established for the PRC-wide
                                                  http://enforcement.trade.gov/frn/. The                  calculate importer- (or customer)-                     entity; and (4) for all non-PRC exporters
                                                  paper copy and electronic version of the                specific assessment rates for                          of subject merchandise which have not
                                                  Issues and Decision Memorandum are                      merchandise subject to this review.                    received their own rate, the cash deposit
                                                  identical in content.                                   Where appropriate, we calculated a per-                rate will be the rate applicable to the
                                                                                                          unit rate for each importer (or customer)              PRC exporter that supplied that non-
                                                  Changes Since the Preliminary Results                                                                          PRC exporter. These deposit
                                                                                                          by dividing the total dumping margins
                                                    Based on a review of the record and                   for reviewed sales to that party by the                requirements, when imposed, shall
                                                  comments received from interested                       total sales quantity associated with                   remain in effect until further notice.
                                                  parties regarding our Preliminary                       those transactions. For duty-assessment                Disclosure
                                                  Results, we revised the margin                          rates calculated on this basis, we will
                                                  calculations for Wanhua. Specifically,                                                                           We intend to disclose the calculations
                                                                                                          direct CBP to assess the resulting per-                performed for these final results of
                                                  we corrected two errors in our                          unit rate against the entered quantity of
                                                  calculations by deducting marine                                                                               review within five days of the date of
                                                                                                          the subject merchandise.10 We will                     publication of this notice in the Federal
                                                  insurance expenses 6 and value added                    instruct CBP to assess antidumping
                                                  taxes 7 from Wanhua’s U.S. sales prices,                                                                       Register in accordance with 19 CFR
                                                                                                          duties on all appropriate entries covered              351.224(b).
                                                  both of which we inadvertently failed to                by this review when the importer-
                                                  deduct in the Preliminary Results.                      specific assessment rate is above de                   Notification to Importers Regarding the
                                                  Final Determination of No Shipments                     minimis. Where either the respondent’s                 Reimbursement of Duties
                                                                                                          weighted-average dumping margin is                       This notice also serves as a final
                                                    For these final results, the Department
                                                                                                          zero or de minimis, or an importer-                    reminder to importers of their
                                                  continues 8 to find that Fuwei Films and
                                                                                                          specific assessment rate is zero or de                 responsibility under 19 CFR 351.402(f)
                                                  Dongfang did not have any reviewable
                                                                                                          minimis, we will instruct CBP to                       to file a certificate regarding the
                                                  entries during the POR.9
                                                                                                          liquidate the appropriate entries                      reimbursement of antidumping duties
                                                  Final Results                                           without regard to antidumping duties.                  prior to liquidation of the relevant
                                                                                                             For entries that were not reported in               entries during this POR. Failure to
                                                    We determine that the following
                                                                                                          the U.S. sales database submitted by an                comply with this requirement could
                                                  weighted-average dumping margins
                                                                                                          exporter individually examined during                  result in the Secretary’s presumption
                                                  exist for the POR:
                                                                                                          this review, the Department will                       that reimbursement of antidumping
                                                                                         Weighted-        instruct CBP to liquidate such entries at              duties has occurred and the subsequent
                                                                                          average         the PRC-wide rate (i.e., 76.72 percent).11             assessment of double antidumping
                                                              Exporter                    dumping         Additionally, if the Department                        duties.
                                                                                           margin         determines that an exporter under
                                                                                        (percentage)                                                             Administrative Protective Order
                                                                                                          review had no shipments of the subject
                                                                                                          merchandise, any suspended entries                     (‘‘APO’’)
                                                  Shaoxing Xiangyu Green
                                                    Packing Co. Ltd ................             35.10    that entered under that exporter’s case                   This notice also serves as a reminder
                                                  Tianjin Wanhua Co., Ltd .......                72.15    number will be liquidated at the PRC-                  to parties subject to APO of their
                                                                                                          wide rate.                                             responsibility concerning the return or
                                                                                                                                                                 destruction of proprietary information
                                                    6 See Issues and Decision Memorandum at               Cash Deposit Requirements
                                                  Comment 6.
                                                                                                                                                                 disclosed under APO in accordance
                                                    7 See Memorandum from Jonathan Hill,
                                                                                                            The following cash deposit                           with 19 CFR 351.305, which continues
                                                  International Trade Compliance Analyst to Howard        requirements will be effective upon                    to govern business proprietary
                                                  Smith, Program Manager, AD/CVD Operation,               publication of the final results of this               information in this segment of the
                                                  Office IV ‘‘Analysis for the Final Results of the       administrative review for shipments of                 proceeding. Timely written notification
                                                  2012–2013 Administrative Review of the                  the subject merchandise from the PRC
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                                                  Antidumping Duty Order on Polyethylene                                                                         of the return or destruction of APO
                                                  Terephthalate Film, Sheet and Strip from the            entered, or withdrawn from warehouse,                  materials, or conversion to judicial
                                                  People’s Republic of China: Tianjin Wanhua Co.,         for consumption on or after the                        protective order, is hereby requested.
                                                  Ltd.,’’ dated concurrently with this notice.                                                                   Failure to comply with the regulations
                                                    8 See Preliminary Results and accompanying              10 See Antidumping Proceedings: Calculation of
                                                  Preliminary Decision Memorandum at ‘‘Preliminary
                                                                                                                                                                 and terms of an APO is a violation
                                                                                                          the Weighted-Average Dumping Margin and
                                                  Determination of No Shipments.’’                        Assessment Rate in Certain Antidumping                 which is subject to sanction.
                                                    9 See Issues and Decision Memorandum at               Proceedings: Final Modification, 77 FR 8101, 8103         We are issuing these results of
                                                  Comment 1.                                              (February 14, 2012).                                   administrative review and publishing


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                                                                                Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices                                             33243

                                                  notice in accordance with sections                      directed to Laurie Mease, Office of                    practice in considering textile safeguard
                                                  751(a)(1) and 777(i) of the Act.                        Textiles and Apparel, U.S. Department                  actions, CITA will consider an
                                                    Dated: June 3, 2015.                                  of Commerce, Telephone: 202–482–                       interested party to be an entity (which
                                                  Ronald K. Lorentzen,
                                                                                                          2043, Email: Laurie.Mease@trade.gov.                   may be a trade association, firm,
                                                                                                          SUPPLEMENTARY INFORMATION:                             certified or recognized union, or group
                                                  Acting Assistant Secretary for Enforcement
                                                  and Compliance.
                                                                                                                                                                 of workers) that is representative of
                                                                                                          I. Abstract                                            either: (A) A domestic producer or
                                                  Appendix—Issues and Decision                               Title III, Subtitle B, Section 321                  producers of an article that is like or
                                                  Memorandum                                              through Section 328 of the United                      directly competitive with the subject
                                                  Summary                                                 States-Colombia Trade Promotion                        Colombian textile or apparel article; or
                                                  Scope of the Order                                      Agreement Implementation Act (the                      (B) a domestic producer or producers of
                                                  Discussion of the Issues                                ‘‘Act’’) [Pub. L. 112–42] implements the               a component used in the production of
                                                    I. General Issues                                     textile and apparel safeguard provisions,              an article that is like or directly
                                                    Comment 1: Respondent Selection                       provided for in Article 3.1 of the United              competitive with the subject Colombian
                                                    Comment 2: Surrogate Country Selection                States-Colombia Trade Promotion                        textile or apparel article.
                                                    A. Whether South Africa is a Significant              Agreement (the ‘‘Agreement’’). This                       In order for a request to be
                                                       Producer of Comparable Merchandise                 safeguard mechanism applies when, as                   considered, the requester must provide
                                                    B. Quality of the Indonesian and South                                                                       the following information in support of
                                                                                                          a result of the elimination of a customs
                                                       African Surrogate Value Data
                                                    C. Surrogate Financial Statements                     duty under the Agreement, a Colombian                  a claim that a textile or apparel article
                                                    Comment 3: SV for Paper Core                          textile or apparel article is being                    from Colombia is being imported into
                                                    II. Company-Specific Issues                           imported into the United States in such                the United States in such increased
                                                    Comment 4: Treatment of Green Packing’s               increased quantities, in absolute terms                quantities, in absolute terms or relative
                                                       Reintroduced PET By-Product                        or relative to the domestic market for                 to the domestic market for that article,
                                                    Comment 5: Value-Added Tax (‘‘VAT’’)                  that article, and under such conditions                and under such conditions as to cause
                                                       Adjustment to Wanhua’s U.S. Sales Price            as to cause serious damage or actual                   serious damage or actual threat thereof,
                                                    Comment 6: Deduction of Marine                        threat thereof to a U.S. industry                      to a U.S. industry producing an article
                                                       Insurance from Wanhua’s U.S. Sales                 producing a like or directly competitive               that is like, or directly competitive with,
                                                       Prices
                                                                                                          article. In these circumstances, Article               the imported article: (1) Name and
                                                  Recommendation
                                                  [FR Doc. 2015–14349 Filed 6–10–15; 8:45 am]             3.1 permits the United States to increase              description of the imported article
                                                                                                          duties on the imported article from                    concerned; (2) import data
                                                  BILLING CODE 3510–DS–P
                                                                                                          Colombia to a level that does not exceed               demonstrating that imports of a
                                                                                                          the lesser of the prevailing U.S. normal               Colombian origin textile or apparel
                                                  DEPARTMENT OF COMMERCE                                  trade relations (NTR)/most-favored-                    article that are like or directly
                                                                                                          nation (MFN) duty rate for the article or              competitive with the articles produced
                                                  International Trade Administration                      the U.S. NTR/MFN duty rate in effect on                by the domestic industry concerned are
                                                                                                          the day before the Agreement entered                   increasing in absolute terms or relative
                                                  Proposed Information Collection;                        into force.                                            to the domestic market for that article;
                                                  Comment Request; Procedures for                            The Statement of Administrative                     (3) U.S. domestic production of the like
                                                  Considering Requests and Comments                       Action accompanying the Act provides                   or directly competitive articles of U.S.
                                                  From the Public for Textile and Apparel                 that the Committee for the                             origin indicating the nature and extent
                                                  Safeguard Actions on Imports From                       Implementation of Textile Agreements                   of the serious damage or actual threat
                                                  Colombia                                                (CITA) will issue procedures for                       thereof, along with an affirmation that to
                                                                                                          requesting such safeguard measures, for                the best of the requester’s knowledge,
                                                  AGENCY: International Trade                             making its determinations under                        the data represent substantially all of
                                                  Administration (ITA), Commerce.                         Section 322(a) of the Act, and for                     the domestic production of the like or
                                                  ACTION: Notice.                                         providing relief under section 322(b) of               directly competitive article(s) of U.S.
                                                  SUMMARY:    The Department of                           the Act.                                               origin; (4) imports from Colombia as a
                                                                                                             In Proclamation No. 8818 (77 FR                     percentage of the domestic market of the
                                                  Commerce, as part of its continuing
                                                                                                          29519, May 18, 2012), the President                    like or directly competitive article; and
                                                  effort to reduce paperwork and
                                                                                                          delegated to CITA his authority under                  (5) all data available to the requester
                                                  respondent burden, invites the general
                                                                                                          Subtitle B of Title III of the Act with                showing changes in productivity,
                                                  public and other Federal agencies to
                                                                                                          respect to textile and apparel safeguard               utilization of capacity, inventories,
                                                  take this opportunity to comment on
                                                                                                          measures.                                              exports, wages, employment, domestic
                                                  proposed and/or continuing information                     CITA must collect information in
                                                  collections, as required by the                                                                                prices, profits, and investment, and any
                                                                                                          order to determine whether a domestic                  other information, relating to the
                                                  Paperwork Reduction Act of 1995.                        textile or apparel industry is being                   existence of serious damage or actual
                                                  DATES: Written comments must be                         adversely impacted by imports of these                 threat thereof caused by imports from
                                                  submitted on or before August 10, 2015.                 products from Colombia, thereby                        Colombia to the industry producing the
                                                  ADDRESSES: Direct all written comments                  allowing CITA to take corrective action                like or directly competitive article that
                                                  to Jennifer Jessup, Departmental                        to protect the viability of the domestic               is the subject of the request. To the
                                                  Paperwork Clearance Officer,                            textile industry, subject to section                   extent that such information is not
                                                  Department of Commerce, Room 6616,
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                                                                                                          322(b) of the Act.                                     available, the requester should provide
                                                  14th and Constitution Avenue NW.,                          Pursuant to Section 321(a) of the Act               best estimates and the basis therefore.
                                                  Washington, DC 20230 (or via the                        and Section (9) of Presidential                           If CITA determines that the request
                                                  Internet at JJessup@doc.gov).                           Proclamation 8818, an interested party                 provides the information necessary for it
                                                  FOR FURTHER INFORMATION CONTACT:                        in the U.S. domestic textile and apparel               to be considered, CITA will publish a
                                                  Requests for additional information or                  industry may file a request for a textile              notice in the Federal Register seeking
                                                  copies of the information collection                    and apparel safeguard action with CITA.                public comments regarding the request.
                                                  instrument and instructions should be                   Consistent with longstanding CITA                      The comment period shall be 30


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Document Created: 2015-12-15 15:07:26
Document Modified: 2015-12-15 15:07:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactThomas Martin or Jonathan Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3936 or (202) 482-3518, respectively.
FR Citation80 FR 33241 

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