80 FR 45182 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range		45182-45183
FR Document		2015-18619

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. The period of review (POR) is July 1, 2013, through June 30, 2014. This review covers respondents Nan Ya Plastics Corporation (Nan Ya) and Shinkong Materials Technology Corporation (SMTC), producers and exporters of PET Film from Taiwan. The Department preliminarily determines that sales of subject merchandise have not been made below normal value (NV) by Nan Ya. We preliminarily find that SMTC had no shipments during the POR. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)

[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45182-45183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18619]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2013-2014

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period 
of review (POR) is July 1, 2013, through June 30, 2014. This review 
covers respondents Nan Ya Plastics Corporation (Nan Ya) and Shinkong 
Materials Technology Corporation (SMTC), producers and exporters of PET 
Film from Taiwan. The Department preliminarily determines that sales of 
subject merchandise have not been made below normal value (NV) by Nan 
Ya. We preliminarily find that SMTC had no shipments during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: July 29, 2015.

FOR FURTHER INFORMATION CONTACT: Milton Koch or Jacqueline Arrowsmith 
at (202) 482-2584 or (202) 482-5255, respectively; 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.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is PET Film. The PET Film 
subject to the order is currently classifiable under subheading 
3920.62.00.90 of the Harmonized Tariff Schedule of the United States. A 
full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: Polyethylene 
Terephthalate Film, Sheet, and Strip from Taiwan; 2013-2014'' 
(Preliminary Decision Memorandum), which is hereby adopted by this 
notice.
    The Preliminary 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 
is available to all parties in the Central Records Unit in room B8024 
of the main Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Decision Memorandum are identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by SMTC and its affiliate Shinkong 
Synthetic Fibers Corp. (SSFC), we preliminarily determine that SMTC had 
no shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period July 1, 2013, 
through June 30, 2014.

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                   dumping margin
                                                           (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation.........................               0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\1\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice.\2\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\3\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\4\ Case and rebuttal briefs should be filed using 
ACCESS.\5\ In order to be properly filed, ACCESS must successfully 
receive an

[[Page 45183]]

electronically-filed document in its entirety by 5 p.m. Eastern Time.
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    \1\ See 19 CFR 351.224(b).
    \2\ See 19 CFR 351.309(c)(ii).
    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
    \5\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 30 days after the 
date of publication of this notice.\6\ Requests 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. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
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    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless extended, the Department intends to issue the final results 
of this administrative review, including the results of its analysis of 
the issues raised in any written briefs, not later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1). We intend to issue instructions to CBP 15 days after the 
date of publication of the final results of this review.
    If Nan Ya's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total entered value of the sales in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis. Where 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. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Nan Ya for which it did not know 
that its merchandise was destined for the United States. Furthermore, 
this clarification applies to all POR entries entered under the case 
number for SMTC if we continue to make a final determination of no 
shipments of subject merchandise because it certified that it made no 
POR shipments of subject merchandise for which it had knowledge of the 
U.S. destination. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate of 2.40 percent \7\ if there 
is no rate for the intermediary company(ies) involved in the 
transaction.\8\
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    \7\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan, 67 FR 44174 (July 1, 2002), as amended in 67 FR 46566 (July 
15, 2002) (PET Film from Taiwan Amended Final Determination).
    \8\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters is 2.40 percent.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ See PET Film from Taiwan Amended Final Determination.
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Notification to Interested Parties

    This notice also serves as a preliminary 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

     Dated: July 22, 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. Preliminary Finding of No Shipments for SMTC
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Currency Conversion
10. Recommendation

[FR Doc. 2015-18619 Filed 7-28-15; 8:45 am]
BILLING CODE 3510-DS-P

45182 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices

at the Eastern Regional Office, as they period of review (POR) is July 1, 2013, Methodology
become available, both before and after through June 30, 2014. This review
The Department conducted this
the meeting. Persons interested in the covers respondents Nan Ya Plastics
review in accordance with section
work of this advisory committee are Corporation (Nan Ya) and Shinkong
751(a)(2) of the Tariff Act of 1930, as
advised to go to the Commission’s Web Materials Technology Corporation
amended (the Act). Export price is
site, www.usccr.gov, or to contact the (SMTC), producers and exporters of PET
calculated in accordance with section
Eastern Regional Office at the above Film from Taiwan. The Department
772 of the Act. NV is calculated in
phone number, email or street address. preliminarily determines that sales of
accordance with section 773 of the Act.
subject merchandise have not been
Agenda For a full description of the
made below normal value (NV) by Nan
Welcome and Introductions Ya. We preliminarily find that SMTC methodology underlying our
Tara Martinez, Chair had no shipments during the POR. conclusions, see the Preliminary
Discuss Administrative Matters, Interested parties are invited to Decision Memorandum.
Including Next Steps for comment on these preliminary results. Preliminary Determination of No
Completing the Committee’s Project Shipments
Ivy L Davis, Designated Federal DATES: Effective Date: July 29, 2015.
Official (DFO) FOR FURTHER INFORMATION CONTACT: Based on our analysis of U.S. Customs
Presentations by Government, Milton Koch or Jacqueline Arrowsmith and Border Protection (CBP)
Advocates and Other Experts at (202) 482–2584 or (202) 482–5255, information and information provided
West Virginia State Advisory respectively; AD/CVD Operations, by SMTC and its affiliate Shinkong
Committee Office VII, Enforcement and Synthetic Fibers Corp. (SSFC), we
Time Set-Aside for Interested in the Compliance, International Trade preliminarily determine that SMTC had
Audience to Make Statements on Administration, U.S. Department of no shipments of the subject
the Subject of the Committee’s Commerce, 14th Street and Constitution merchandise, and, therefore, no
Review Avenue NW., Washington, DC 20230. reviewable transactions, during the
West Virginia State Advisory POR.
Committee SUPPLEMENTARY INFORMATION:
Preliminary Results of Review
Meeting Details Scope of the Order
As a result of this review, we
Date: Friday, August 14, 2015 (EDT). The merchandise subject to the order preliminarily determine the following
Address: House Government is PET Film. The PET Film subject to weighted-average dumping margin for
Organization Committee Room E–215 in the order is currently classifiable under the period July 1, 2013, through June 30,
Building 1 of the West Virginia State subheading 3920.62.00.90 of the 2014.
Capitol Complex, located at 1900 Harmonized Tariff Schedule of the
Kanawha Blvd., East, Charleston, WV United States. A full description of the Weighted-average
25305. Manufacturer/exporter dumping margin
scope of the order is contained in the (percent)
FOR FURTHER INFORMATION CONTACT: Ivy memorandum from Christian Marsh,
L. Davis at ero@usccr.gov, or 202–376– Deputy Assistant Secretary for Nan Ya Plastics Corpora-
7533 Antidumping and Countervailing Duty tion .............................. 0.00
Operations, to Paul Piquado, Assistant
Dated: July 23, 2015. Secretary for Enforcement and Disclosure and Public Comment
David Mussatt, Compliance, ‘‘Decision Memorandum
Chief, Regional Programs Unit. for Preliminary Results of Antidumping The Department intends to disclose to
[FR Doc. 2015–18435 Filed 7–28–15; 8:45 am] Duty Administrative Review and interested parties the calculations
BILLING CODE 6335–01–P Preliminary Determination of No performed in connection with these
Shipments: Polyethylene Terephthalate preliminary results within five days of
Film, Sheet, and Strip from Taiwan; the date of publication of this notice.1
2013–2014’’ (Preliminary Decision Pursuant to 19 CFR 351.309(c),
DEPARTMENT OF COMMERCE interested parties may submit case briefs
Memorandum), which is hereby
adopted by this notice. no later than 30 days after the date of
International Trade Administration
publication of this notice.2 Rebuttal
[A–583–837] The Preliminary Decision briefs, limited to issues raised in the
Memorandum is a public document and case briefs, may be filed not later than
Polyethylene Terephthalate Film, is on file electronically via Enforcement five days after the date for filing case
Sheet, and Strip From Taiwan: and Compliance’s Antidumping and briefs.3 Parties who submit case briefs or
Preliminary Results of Antidumping Countervailing Duty Centralized rebuttal briefs in this proceeding are
Duty Administrative Review and Electronic Service System (ACCESS). encouraged to submit with each
Preliminary Determination of No ACCESS is available to registered users argument: (1) A statement of the issue;
Shipments; 2013–2014 at http://access.trade.gov and is (2) a brief summary of the argument;
available to all parties in the Central and (3) a table of authorities.4 Case and
AGENCY: Enforcement and Compliance, Records Unit in room B8024 of the main
International Trade Administration, rebuttal briefs should be filed using
Commerce building. In addition, a ACCESS.5 In order to be properly filed,
U.S. Department of Commerce.
tkelley on DSK3SPTVN1PROD with NOTICES

complete version of the Decision ACCESS must successfully receive an
SUMMARY: The Department of Commerce Memorandum can be accessed directly
(the Department) is conducting an on the Internet at http:// 1 See 19 CFR 351.224(b).
administrative review of the enforcement.trade.gov/frn/index.html. 2 See 19 CFR 351.309(c)(ii).
antidumping duty order on The signed and electronic versions of 3 See 19 CFR 351.309(d).

polyethylene terephthalate film, sheet, the Decision Memorandum are identical 4 See 19 CFR 351.309(c)(2) and (d)(2).

and strip (PET Film) from Taiwan. The in content. 5 See 19 CFR 351.303.

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Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices 45183

electronically-filed document in its May 6, 2003. This clarification will regarding the reimbursement of
entirety by 5 p.m. Eastern Time. apply to entries of subject merchandise antidumping duties prior to liquidation
Pursuant to 19 CFR 351.310(c), during the POR produced by Nan Ya for of the relevant entries during this
interested parties who wish to request a which it did not know that its review period. Failure to comply with
hearing, or to participate if one is merchandise was destined for the this requirement could result in the
requested, must submit a written United States. Furthermore, this Secretary’s presumption that
request to the Assistant Secretary for clarification applies to all POR entries reimbursement of antidumping duties
Enforcement and Compliance, filed entered under the case number for occurred and the subsequent assessment
electronically via ACCESS, within 30 SMTC if we continue to make a final of double antidumping duties.
days after the date of publication of this determination of no shipments of We are issuing and publishing these
notice.6 Requests should contain: (1) subject merchandise because it certified results in accordance with sections
The party’s name, address, and that it made no POR shipments of 751(a)(1) and 777(i)(1) of the Act and 19
telephone number; (2) the number of subject merchandise for which it had CFR 351.213(h)(1).
participants; and (3) a list of issues to be knowledge of the U.S. destination. In
discussed. Issues raised in the hearing such instances, we will instruct CBP to Dated: July 22, 2015.
will be limited to those raised in the liquidate unreviewed entries at the all- Paul Piquado,
respective case briefs. others rate of 2.40 percent 7 if there is no Assistant Secretary for Enforcement and
Unless extended, the Department rate for the intermediary company(ies) Compliance.
intends to issue the final results of this involved in the transaction.8
administrative review, including the Appendix—List of Topics Discussed in
results of its analysis of the issues raised Cash Deposit Requirements the Preliminary Decision Memorandum
in any written briefs, not later than 120 The following deposit requirements 1. Summary
days after the date of publication of this will be effective for all shipments of 2. Background
notice, pursuant to section 751(a)(3)(A) PET Film from Taiwan entered, or 3. Scope of the Order
of the Act and 19 CFR 351.213(h). withdrawn from warehouse, for 4. Preliminary Finding of No Shipments for
Assessment Rates consumption on or after the date of SMTC
publication of the final results of this 5. Comparisons to Normal Value
Upon completion of the administrative review, as provided for 6. Product Comparisons
administrative review, the Department by section 751(a)(2)(C) of the Act: (1) 7. Date of Sale
shall determine, and U.S. Customs and The cash deposit rate for the company 8. Export Price
Border Protection (CBP) shall assess, under review will be the rate 9. Currency Conversion
antidumping duties on all appropriate 10. Recommendation
established in the final results of this
entries in accordance with 19 CFR review (except, if the rate is zero or de [FR Doc. 2015–18619 Filed 7–28–15; 8:45 am]
351.212(b)(1). We intend to issue minimis, no cash deposit will be BILLING CODE 3510–DS–P
instructions to CBP 15 days after the required); (2) for previously reviewed or
date of publication of the final results of investigated companies not listed above,
this review. the cash deposit rate will continue to be DEPARTMENT OF COMMERCE
If Nan Ya’s weighted-average the company-specific rate published for
dumping margin is not zero or de the most recent period; (3) if the International Trade Administration
minimis (i.e., less than 0.5 percent) in exporter is not a firm covered in this
the final results of this review, we will review, a prior review, or the less-than- [C–580–837]
calculate importer-specific assessment fair-value investigation, but the
rates on the basis of the ratio of the total manufacturer is, the cash deposit rate Certain Cut-to-Length Carbon Quality
amount of dumping calculated for the will be the rate established for the most Steel Plate from the Republic of Korea:
importer’s examined sales and the total recent period for the manufacturer of Partial Rescission of Countervailing
entered value of the sales in accordance the merchandise; and (4) the cash Duty Administrative Review; 2014
with 19 CFR 351.212(b)(1). We will deposit rate for all other manufacturers
instruct CBP to assess antidumping AGENCY: Enforcement and Compliance,
or exporters is 2.40 percent.9 These cash
duties on all appropriate entries covered International Trade Administration,
deposit requirements, when imposed,
by this review when the importer- Department of Commerce.
shall remain in effect until further
specific assessment rate calculated in notice. DATES: Effective Date: July 29, 2015.
the final results of this review is above
de minimis. Where the respondent’s Notification to Interested Parties FOR FURTHER INFORMATION CONTACT: John
weighted-average dumping margin is This notice also serves as a Conniff, AD/CVD Operations, Office III,
zero or de minimis, or an importer- preliminary reminder to importers of Enforcement and Compliance,
specific assessment rate is zero or de their responsibility under 19 CFR International Trade Administration,
minimis, we will instruct CBP to 351.402(f)(2) to file a certificate U.S. Department of Commerce, 14th
liquidate the appropriate entries Street and Constitution Avenue NW.,
without regard to antidumping duties. 7 See Notice of Amended Final Antidumping Duty Washington, DC 20230; telephone: (202)
The final results of this review shall be Determination of Sales at Less Than Fair Value and 482–1009.
the basis for the assessment of Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) SUPPLEMENTARY INFORMATION:
antidumping duties on entries of from Taiwan, 67 FR 44174 (July 1, 2002), as
tkelley on DSK3SPTVN1PROD with NOTICES

merchandise covered by the final results amended in 67 FR 46566 (July 15, 2002) (PET Film Background
of this review and for future deposits of from Taiwan Amended Final Determination).
estimated duties, where applicable. 8 For a full discussion of this clarification, see On February 2, 2015, the Department
The Department clarified its Antidumping and Countervailing Duty Proceedings: of Commerce (the Department)
Assessment of Antidumping Duties, 68 FR 23954 published a notice of opportunity to
‘‘automatic assessment’’ regulation on (May 6, 2003).
9 See PET Film from Taiwan Amended Final request an administrative review of the
6 See 19 CFR 351.310(c). Determination. countervailing duty order on certain

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Document Created: 2015-12-15 13:05:40
Document Modified: 2015-12-15 13:05:40

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		Milton Koch or Jacqueline Arrowsmith at (202) 482-2584 or (202) 482-5255, respectively; 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.
FR Citation		80 FR 45182

80 FR 45182 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013-2014

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 145 (July 29, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration