80 FR 47463 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Negative Final Determination of Circumvention of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 152 (August 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 152 (August 7, 2015)
| Page Range | 47463-47464 | |
| FR Document | 2015-19483 |
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)] [Notices] [Pages 47463-47464] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19483] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-803] Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Negative Final Determination of Circumvention of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2015, the Department of Commerce (the Department) published the negative preliminary determination of circumvention of the antidumping duty order \1\ on polyethylene terephthalate film, sheet, and strip (PET film) from the United Arab Emirates (UAE).\2\ We continue to determine that imports of PET film produced by JBF Bahrain S.P.C. (JBF Bahrain) in the Kingdom of Bahrain (Bahrain) are not circumventing the Order, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225(h). --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, the People's Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008) (Order). \2\ See Preliminary Negative Determination of Circumvention of the Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates, 80 FR 26229 (May 7, 2015) (Preliminary Determination), and the accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- DATES: Effective date: August 7, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261. SUPPLEMENTARY INFORMATION: Background On July 29, 2014, the Department initiated an anti-circumvention inquiry of the antidumping duty order on PET film from the UAE, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h).\3\ On May 7, 2015, the Department published the Preliminary Determination in the Federal Register. The Department invited interested parties to comment on the Preliminary Determination. On June 8, 2015, Polyplex USA LLC and FLEX USA, Inc. (Domestic Parties) and JBF Bahrain submitted timely case briefs. On June 10, 2015, the Department sent a letter to Domestic Parties, noting certain deficiencies in Domestic Parties' submission, and requesting that Domestic Parties resubmit their case brief. Domestic Parties timely resubmitted their case brief on June 11, 2015. On June 15, 2015, Domestic Parties, and DuPont Teijin Films, Mitsubishi Polyester Film Inc., and SKC, Inc. (collectively, Petitioners), filed timely rebuttal briefs. On June 18, 2015, JBF Bahrain submitted a timely rebuttal brief. On July 9, 2015, pursuant to 19 CFR 351.310, the Department held a public hearing, following a timely request by Domestic Parties. --------------------------------------------------------------------------- \3\ See Polyethylene Terephthalate Film, Sheet, and Strip the United Arab Emirates: Initiation of Anti-Circumvention Inquiry on Antidumping Duty Order, 79 FR 44006 (July 29, 2014). --------------------------------------------------------------------------- Scope of the Order The products covered by the order are all gauges of raw, pre- treated, or primed polyethylene terephthalate film, whether extruded or co-extruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer more than 0.00001 inches thick. Also excluded is roller transport cleaning film which has at least one of its surfaces modified by application of 0.5 micrometers of SBR latex. Tracing and drafting film is also excluded. Polyethylene terephthalate film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Scope of the Anti-Circumvention Inquiry This anti-circumvention inquiry covers PET film produced in Bahrain by JBF Bahrain from inputs (PET chips and silica chips) manufactured in the UAE, and that is subsequently exported from Bahrain to the United States. Analysis of Comments Received All issues raised in the comments by parties in this proceeding are addressed in the Issues and Decision Memorandum.\4\ A list of the issues which the parties raised, to which the Department has responded in the Issues and Decision Memorandum is attached to this notice as Appendix 1. The Issues and Decision Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit in room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \4\ 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, ``Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Decision Memorandum for the Final Determination of Anti-Circumvention Inquiry of the Antidumping Duty Order'' (Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Negative Final Determination of Circumvention In the Preliminary Determination, the Department preliminarily determined that the process of completion or assembly of PET film produced by JBF Bahrain in Bahrain is not minor or insignificant, within the meaning of section 781(b)(2) of the Act. After reviewing comments from interested parties, we continue to find that the process of completion or assembly is not minor or insignificant. Therefore the Department determines that PET film produced by JBF Bahrain, exported from Bahrain to the United States, is not circumventing the Order. Notification Regarding Administrative Protective Orders This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to [[Page 47464]] judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This negative final circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225. Dated: July 31, 2015. Ronald K. Lorentzen Acting Assistant Secretary for Enforcement and Compliance. Appendix 1 List of Issues Discussed in the Issues and Decision Memorandum Comment 1: Whether JBF Bahrain has taken deliberate action to circumvent the Order Comment 2: Whether JBF Bahrain's process of completion or assembly is substantial or significant under Section 781(b)(2) of the Act Comment 3: Whether the value of the merchandise produced in the order country is a significant portion of the total value of the merchandise exported to the United States under Section 781(b)(1)(D) of the Act Comment 4: Completion by JBF Bahrain from parts or components produced in the UAE under Section 781(b)(1)(B) of the Act Comment 5: Whether record evidence shows that Domestic Parties are interested parties [FR Doc. 2015-19483 Filed 8-6-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices 47463
The Department is issuing and film from the UAE, pursuant to section Analysis of Comments Received
publishing these final results and this 781(b) of the Tariff Act of 1930, as All issues raised in the comments by
notice in accordance with sections amended (the Act), and 19 CFR parties in this proceeding are addressed
751(c), 752(b), and 777(i)(1) of the Act. 351.225(h).3 On May 7, 2015, the in the Issues and Decision
Dated: July 30, 2015. Department published the Preliminary Memorandum.4 A list of the issues
Ronald K. Lorentzen, Determination in the Federal Register. which the parties raised, to which the
Acting Assistant Secretary for Enforcement The Department invited interested Department has responded in the Issues
and Compliance. parties to comment on the Preliminary and Decision Memorandum is attached
[FR Doc. 2015–19354 Filed 8–6–15; 8:45 am] Determination. On June 8, 2015, to this notice as Appendix 1. The Issues
BILLING CODE 3510–DS–P
Polyplex USA LLC and FLEX USA, Inc. and Decision Memorandum is on file
(Domestic Parties) and JBF Bahrain electronically via Enforcement and
submitted timely case briefs. On June Compliance’s Antidumping and
DEPARTMENT OF COMMERCE 10, 2015, the Department sent a letter to Countervailing Duty Centralized
Domestic Parties, noting certain Electronic Service System (‘‘ACCESS’’).
International Trade Administration deficiencies in Domestic Parties’ ACCESS is available to registered users
submission, and requesting that at http://access.trade.gov, and it is
[A–520–803]
Domestic Parties resubmit their case available to all parties in the Central
Polyethylene Terephthalate Film, brief. Domestic Parties timely Records Unit in room B8024 of the main
Sheet, and Strip From the United Arab resubmitted their case brief on June 11, Commerce building. In addition, a
Emirates: Negative Final Determination 2015. On June 15, 2015, Domestic complete version of the Issues and
of Circumvention of the Antidumping Parties, and DuPont Teijin Films, Decision Memorandum can be accessed
Duty Order Mitsubishi Polyester Film Inc., and directly at http://enforcement.trade.gov/
SKC, Inc. (collectively, Petitioners), frn/. The signed and electronic versions
AGENCY: Enforcement and Compliance, filed timely rebuttal briefs. On June 18, of the Issues and Decision
International Trade Administration, 2015, JBF Bahrain submitted a timely Memorandum are identical in content.
Department of Commerce.
rebuttal brief. On July 9, 2015, pursuant Negative Final Determination of
SUMMARY: On May 7, 2015, the to 19 CFR 351.310, the Department held Circumvention
Department of Commerce (the a public hearing, following a timely
Department) published the negative In the Preliminary Determination, the
request by Domestic Parties. Department preliminarily determined
preliminary determination of
circumvention of the antidumping duty Scope of the Order that the process of completion or
order 1 on polyethylene terephthalate assembly of PET film produced by JBF
film, sheet, and strip (PET film) from the The products covered by the order are Bahrain in Bahrain is not minor or
United Arab Emirates (UAE).2 We all gauges of raw, pre-treated, or primed insignificant, within the meaning of
continue to determine that imports of polyethylene terephthalate film, section 781(b)(2) of the Act. After
PET film produced by JBF Bahrain whether extruded or co-extruded. reviewing comments from interested
S.P.C. (JBF Bahrain) in the Kingdom of Excluded are metallized films and other parties, we continue to find that the
Bahrain (Bahrain) are not circumventing finished films that have had at least one process of completion or assembly is not
the Order, pursuant to section 781(b) of of their surfaces modified by the minor or insignificant. Therefore the
the Tariff Act of 1930, as amended (the application of a performance-enhancing Department determines that PET film
Act) and 19 CFR 351.225(h). resinous or inorganic layer more than produced by JBF Bahrain, exported from
0.00001 inches thick. Also excluded is Bahrain to the United States, is not
DATES: Effective date: August 7, 2015.
roller transport cleaning film which has circumventing the Order.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations, at least one of its surfaces modified by Notification Regarding Administrative
Office VII, Enforcement and application of 0.5 micrometers of SBR Protective Orders
Compliance, International Trade latex. Tracing and drafting film is also This notice is the only reminder to
Administration, U.S. Department of excluded. Polyethylene terephthalate parties subject to the administrative
Commerce, 14th Street and Constitution film is classifiable under subheading protective order (APO) of their
Avenue NW., Washington, DC 20230; 3920.62.00.90 of the Harmonized Tariff responsibility concerning the return or
telephone: (202) 482–4261. Schedule of the United States (HTSUS). destruction of proprietary information
While HTSUS subheadings are provided disclosed under the APO in accordance
SUPPLEMENTARY INFORMATION:
for convenience and customs purposes, with 19 CFR 351.305(a)(3), which
Background our written description of the scope of continues to govern business
On July 29, 2014, the Department the order is dispositive. proprietary information in this segment
initiated an anti-circumvention inquiry Scope of the Anti-Circumvention of the proceeding. Timely written
of the antidumping duty order on PET Inquiry notification of the return or destruction
of APO materials, or conversion to
1 See Polyethylene Terephthalate Film, Sheet, and
This anti-circumvention inquiry
Strip From Brazil, the People’s Republic of China covers PET film produced in Bahrain by 4 See Memorandum to Ronald K. Lorentzen,
and the United Arab Emirates: Antidumping Duty Acting Assistant Secretary for Enforcement and
Orders and Amended Final Determination of Sales JBF Bahrain from inputs (PET chips and Compliance, from Christian Marsh, Deputy
at Less Than Fair Value for the United Arab silica chips) manufactured in the UAE, Assistant Secretary for Antidumping and
tkelley on DSK3SPTVN1PROD with NOTICES
Emirates, 73 FR 66595 (November 10, 2008) and that is subsequently exported from Countervailing Duty Operations, ‘‘Polyethylene
(Order). Terephthalate Film, Sheet, and Strip from the
2 See Preliminary Negative Determination of
Bahrain to the United States.
United Arab Emirates: Decision Memorandum for
Circumvention of the Antidumping Order on the Final Determination of Anti-Circumvention
Polyethylene Terephthalate Film, Sheet, and Strip 3 See Polyethylene Terephthalate Film, Sheet, and Inquiry of the Antidumping Duty Order’’ (Issues
from the United Arab Emirates, 80 FR 26229 (May Strip the United Arab Emirates: Initiation of Anti- and Decision Memorandum), dated concurrently
7, 2015) (Preliminary Determination), and the Circumvention Inquiry on Antidumping Duty Order, with this determination and hereby adopted by this
accompanying Preliminary Decision Memorandum. 79 FR 44006 (July 29, 2014). notice.
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![47464 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices
judicial protective order, is hereby review with respect to eight companies, information, and questionnaire
requested. Failure to comply with the two of which have been collapsed with responses provided by A.H.A.
regulations and the terms of an APO is a mandatory respondent. The two International Co., Ltd. (‘‘AHA’’) and
a sanctionable violation. collapsed mandatory respondents are: Deosen, the Department preliminarily
This negative final circumvention Deosen Biochemical Ltd./Deosen determines that AHA did not have any
determination is published in Biochemical (Ordos) Ltd. (‘‘Deosen’’) reviewable transactions during the POR.
accordance with section 781(b) of the and Neimenggu Fufeng Biotechnologies For additional information regarding
Act and 19 CFR 351.225. Co., Ltd. (aka Inner Mongolia Fufeng this determination, see the Preliminary
Dated: July 31, 2015. Biotechnologies Co., Ltd.)/Shandong Decision Memorandum.
Ronald K. Lorentzen Fufeng Fermentation Co., Ltd./Xinjiang Consistent with an announced
Fufeng Biotechnologies Co., Ltd. refinement to its assessment practice in
Acting Assistant Secretary for Enforcement
and Compliance. (‘‘Fufeng’’). The Department non-market economy (‘‘NME’’) cases,
preliminarily finds that the mandatory the Department is not rescinding this
Appendix 1 respondent Deosen sold subject review for AHA, but intends to
List of Issues Discussed in the Issues and merchandise in the United States at complete the review and issue
Decision Memorandum prices below normal value (‘‘NV’’) appropriate instructions to CBP based
Comment 1: Whether JBF Bahrain has taken
during the POR, but that Fufeng did not. on the final results of the review.3
deliberate action to circumvent the Order Interested parties are invited to
comment on these preliminary results. Preliminary Affiliation and Single
Comment 2: Whether JBF Bahrain’s process
of completion or assembly is substantial DATES: Effective date: August 7, 2015.
Entity Determination
or significant under Section 781(b)(2) of FOR FURTHER INFORMATION CONTACT: Based on record evidence, the
the Act Brandon Farlander or Erin Kearney, AD/ Department preliminarily finds that
Comment 3: Whether the value of the Deosen Biochemical Ltd. and Deosen
merchandise produced in the order
CVD Operations, Office IV, Enforcement
& Compliance, International Trade Biochemical (Ordos) Ltd. are affiliated
country is a significant portion of the
total value of the merchandise exported Administration, Department of pursuant to section 771(33)(G) of the
to the United States under Section Commerce, 14th Street and Constitution Tariff Act of 1930, as amended (the
781(b)(1)(D) of the Act Avenue NW., Washington, DC 20230; ‘‘Act’’) and should be treated as a single
Comment 4: Completion by JBF Bahrain from telephone: (202) 482–0182 or (202) 482– entity for AD purposes pursuant to 19
parts or components produced in the 0167, respectively. CFR 351.401(f). Furthermore, based on
UAE under Section 781(b)(1)(B) of the record evidence, the Department
SUPPLEMENTARY INFORMATION:
Act preliminarily finds that Neimenggu
Comment 5: Whether record evidence shows Scope of the Order Fufeng Biotechnologies Co., Ltd. (aka
that Domestic Parties are interested
parties The scope of the order covers dry Inner Mongolia Fufeng Biotechnologies
xanthan gum, whether or not coated or Co., Ltd.), Shandong Fufeng
[FR Doc. 2015–19483 Filed 8–6–15; 8:45 am]
blended with other products. Further, Fermentation Co. Ltd., and Xinjiang
BILLING CODE 3510–DS–P
xanthan gum is included in this order Fufeng Biotechnologies Co., Ltd. are
regardless of physical form, including, affiliated pursuant to section 771(33)(F)
but not limited to, solutions, slurries, of the Act and should be treated as a
DEPARTMENT OF COMMERCE
dry powders of any particle size, or single entity for AD purposes pursuant
International Trade Administration unground fiber. Merchandise covered by to 19 CFR 351.401(f). For additional
the scope of this order is classified in information, see the Preliminary
[A–570–985] the Harmonized Tariff Schedule of the Decision Memorandum.
United States at subheading 3913.90.20. Separate Rates
Xanthan Gum From the People’s
This tariff classification is provided for
Republic of China: Preliminary Results The Department preliminarily
convenience and customs purposes;
of Antidumping Duty Administrative determines that information placed on
however, the written description of the
Review and Preliminary Determination the record by the mandatory
scope is dispositive.2
of No Shipments; 2013–2014 respondents Deosen and Fufeng, as well
Preliminary Determination of No as by the separate rate applicants CP
AGENCY: Enforcement and Compliance, Shipments
International Trade Administration, Kelco (Shandong) Biological Company
Department of Commerce. Based on an analysis of U.S. Customs Limited and Shanghai Smart Chemicals
SUMMARY: The Department of Commerce and Border Protection (‘‘CBP’’) Co. Ltd., demonstrates that these
(‘‘the Department’’) is conducting an companies are entitled to separate rate
administrative review of the resulted but for the imposition of suspension of status. Hebei Xinhe Biochemical Co.
liquidation. See Xanthan Gum From Austria and Ltd., which did not claim that it made
antidumping duty order on xanthan China, 78 FR 43226 (July 19, 2013). Accordingly,
gum from the People’s Republic of merchandise subject to the investigation remains no shipments of subject merchandise
China (‘‘PRC’’). The period of review suspended from liquidation beginning on July 19, during the POR, failed to submit a
(‘‘POR’’) is July 19, 2013, through June 2013, the date the ITC published its final separate rate application or separate rate
determination, see Xanthan Gum From the People’s certification. Therefore, this company is
30, 2014.1 The Department initiated this Republic of China: Amended Final Determination
of Sales at Less Than Fair Value and Antidumping not eligible for separate rate status.4
1 The POR for this administrative review begins Duty Order, 78 FR 43143, 43144 (July 19, 2013), and
on July 19, 2013, the date the International Trade this date serves as the first day of the POR for this 3 See Non-Market Economy Antidumping
tkelley on DSK3SPTVN1PROD with NOTICES
Commission (‘‘ITC’’) published its final administrative review. Proceedings: Assessment of Antidumping Duties, 76
determination of threat of material injury in the 2 For a complete description of the Scope of the FR 65694, 65694–95 (October 24, 2011) and the
underlying investigation and the date from which Order, see ‘‘Decision Memorandum for the ‘‘Assessment Rates’’ section, below.
merchandise subject to the antidumping duty order Preliminary Results of the Antidumping Duty 4 See Initiation of Antidumping and
on xanthan gum from the PRC remains suspended Administrative Review of Xanthan Gum from the Countervailing Duty Administrative Reviews, 79 FR
from liquidation pursuant to the underlying People’s Republic of China,’’ (‘‘Preliminary 51548, 51549 (August 29, 2014) (‘‘All firms listed
investigation. The ITC’s finding was not Decision Memorandum’’), dated concurrently with below that wish to qualify for separate rate status
accompanied by a finding that injury would have this notice. in the administrative reviews involving NME
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Document Created: 2015-12-15 10:56:28
Document Modified: 2015-12-15 10:56:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261. | |
| FR Citation | 80 FR 47463 |
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