80 FR 48293 - Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results of Antidumping Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 155 (August 12, 2015)
International Trade Administration
Federal Register Volume 80, Issue 155 (August 12, 2015)
| Page Range | 48293-48295 | |
| FR Document | 2015-19359 |
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)] [Notices] [Pages 48293-48295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19359] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-924] Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results of Antidumping Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (``PET film'') from the People's Republic of China (``PRC'') for the period of review (``POR'') November 1, 2013, through October 31, 2014. This review covers four PRC companies.\1\ The Department is rescinding the review with respect to Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films''), Sichuan Dongfang Insulating Material Co., Ltd. (``Dongfang''), and Tianjin Wanhua Co., Ltd. (``Wanhua''). Further, the Department preliminarily finds that Shaoxing Xiangyu Green Packing Co., Ltd. (``Green Packing'') is part of the PRC-wide entity. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014). --------------------------------------------------------------------------- DATES: Effective Date: August 12, 2015. FOR FURTHER INFORMATION CONTACT: Jonathan Hill, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3518. SUPPLEMENTARY INFORMATION: 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.\2\ 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 [[Page 48294]] written description of the scope of the order is dispositive. --------------------------------------------------------------------------- \2\ For a complete description of the scope of the order, see ``Decision Memorandum for the Preliminary Results of 2013-2014 Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China,'' from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Partial Rescission On December 1, 2014, Green Packing requested administrative review of subject merchandise exported by itself, and Mitsubishi Polyester Film, Inc. and SKC, Inc. (collectively ``Petitioners'') requested an administrative review of subject merchandise exported by Dongfang, Fuwei Films, Green Packing, and Wanhua. Subsequently, on March 23, 2015, Petitioners timely withdrew their request for an administrative review of each company. No other parties requested a review with respect to Dongfang, Fuwei Films, and Wanhua. Therefore, the Department, pursuant to 19 CFR 351.213(d)(1), is rescinding this administrative review with respect to each company. However, as Green Packing requested administrative review of itself and did not withdraw its request, the Department is continuing its review of Green Packing's exports of subject merchandise during the POR. Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. This 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 https://access.trade.gov/login.aspx and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.\3\ Because Green Packing failed to establish that it is entitled to a separate rate for the POR, we are treating Green Packing as part of the PRC-wide entity.\4\ The rate previously established for the PRC-wide entity in this proceeding is 76.72 percent.\5\ --------------------------------------------------------------------------- \3\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self- initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity's rate is not subject to change. \4\ See Preliminary Decision Memorandum. \5\ See Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 73 FR 55039, 55041 (September 24, 2008). --------------------------------------------------------------------------- Disclosure and Public Comment Interested parties may submit case briefs and/or written comments, filed electronically using ACCESS, within 30 days of the date of publication of these preliminary results of review.\6\ Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs.\7\ Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of authorities.\8\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.309(c). \7\ See 19 CFR 351.309(d). \8\ See 19 CFR 351.309(c). --------------------------------------------------------------------------- Further, interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the publication of this notice.\9\ Electronically filed case briefs/written comments and hearing requests must be received successfully in their entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\10\ Hearing 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 issues raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. 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, unless extended, pursuant to section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- \9\ See 19 CFR 351.310(c). \10\ Id. --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review.\11\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. The Department intends to instruct CBP to liquidate entries of subject merchandise from the PRC-wide entity, including entries of subject merchandise from Green Packing, at 76.72 percent (the PRC-wide rate).\12\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.212(b)(1). \12\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above which have a separate rate, the cash deposit rate will be the rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (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 for the PRC-wide entity, 76.72 percent; 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(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate [[Page 48295]] regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred 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 and 351.221(b)(4). Dated: July 30, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Results Decision Memorandum Summary Background Partial Rescission Scope of the Order Discussion of the Methodology Non-Market Economy Status PRC-Wide Entity Recommendation [FR Doc. 2015-19359 Filed 8-11-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48293
Compliance’s Antidumping and otherwise notified by the Department.6 DEPARTMENT OF COMMERCE
Countervailing Duty Centralized Parties are reminded that written
Electronic Service System (ACCESS). comments or case briefs are not the International Trade Administration
ACCESS is available to registered users place for submitting new factual
at http://access.trade.gov and in the [A–570–924]
material. Rebuttal briefs, limited to
Central Records Unit, room B8024 of the issues raised in the case briefs, will be
main Department of Commerce Polyethylene Terephthalate Film,
due five days later.7 Parties who submit Sheet, and Strip From the People’s
building. In addition, a complete case or rebuttal briefs are requested to
version of the Preliminary Decision Republic of China: Preliminary Results
submit with each argument: (1) A of Antidumping Administrative Review;
Memorandum can be accessed directly
statement of the issue; and (2) a brief 2013–2014
on the Internet at http://www/trade.gov/
summary of the argument. Parties are
frn/index.html. The signed Preliminary AGENCY: Enforcement and Compliance,
Decision Memorandum is identical in requested to provide a summary of the
arguments not to exceed five pages and International Trade Administration,
content. Department of Commerce.
a table of statutes, regulations, and cases
Preliminary Determination of No cited. SUMMARY: The Department of Commerce
Shipments (‘‘Department’’) is conducting an
Any interested party who wishes to administrative review of the
Based on information Terphane request a hearing must submit a written
submitted after the initiation of this antidumping duty order on
request to the Assistant Secretary for polyethylene terephthalate film, sheet,
administrative review and information Enforcement and Compliance within 30
collected from U.S. Customs and Border and strip (‘‘PET film’’) from the People’s
days after the day of publication of this Republic of China (‘‘PRC’’) for the
Protection (CBP), the Department has notice. A request should contain: (1)
preliminarily determined that the record period of review (‘‘POR’’) November 1,
The party’s name, address, and 2013, through October 31, 2014. This
evidence indicates that Terphane
telephone number; (2) the number of review covers four PRC companies.1
currently had no reviewable entries
during the POR. In addition, the participants; and (3) a list of issues to be The Department is rescinding the
Department finds that it is not discussed.8 Issues raised in the hearing review with respect to Fuwei Films
appropriate to rescind the review with will be limited to those raised in case (Shandong) Co., Ltd. (‘‘Fuwei Films’’),
respect to Terphane but, rather, to briefs. The Department will issue the Sichuan Dongfang Insulating Material
complete the review and issue final results of administrative review, Co., Ltd. (‘‘Dongfang’’), and Tianjin
appropriate instructions to CBP based including the results of our analysis of Wanhua Co., Ltd. (‘‘Wanhua’’). Further,
on the final results of this review, as is issues raised in any briefs, within 90 the Department preliminarily finds that
our practice.5 days after the date on which the Shaoxing Xiangyu Green Packing Co.,
preliminary results were issued, unless Ltd. (‘‘Green Packing’’) is part of the
Assessment Rates the deadline for the final results is PRC-wide entity.
The Department clarified its extended.9 DATES: Effective Date: August 12, 2015.
‘‘automatic assessment’’ regulation on FOR FURTHER INFORMATION CONTACT:
May 6, 2003. This clarification will Notification to Importers
Jonathan Hill, Office IV, Enforcement &
apply to entries of subject merchandise Compliance, International Trade
This notice serves as a preliminary
during the POR produced by companies Administration, Department of
reminder to the importers of their
included in these final results of review Commerce, 14th Street and Constitution
responsibility under 19 CFR
for which these companies did not Avenue NW., Washington, DC 20230;
know that the merchandise was 351.402(f)(2) to file a certificate
regarding the reimbursement of telephone: (202) 482–3518.
destined for the United States. In such
antidumping duties prior to liquidation SUPPLEMENTARY INFORMATION:
instances, we will instruct CBP to
liquidate un-reviewed entries at the all- of the relevant entries during this Scope of the Order
others rate if there is no rate for the review period. Failure to comply with
this requirement could result in the The products covered by the order are
intermediate company(ies) involved in all gauges of raw, pre-treated, or primed
the transaction. For a full discussion of Secretary’s presumption that
PET film, whether extruded or co-
this clarification, see Antidumping and reimbursement of antidumping duties
extruded.2 PET film is classifiable under
Countervailing Duty Proceedings: occurred and the subsequent assessment
subheading 3920.62.00.90 of the
Assessment of Antidumping Duties, 68 of double antidumping duties. Harmonized Tariff Schedule of the
FR 23954 (May 6, 2003). We intend to This notice is published in United States (‘‘HTSUS’’). Although the
issue assessment instructions directly to accordance with sections 751(a)(2)(B) HTSUS subheadings are provided for
CBP 15 days after publication of the and 777(i) of the Act and 19 CFR convenience and customs purposes, our
final results of this review. 351.214(f).
Disclosure and Public Comment Dated: August 3, 2015.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
Interested parties are invited to Ronald K. Lotentzen, 76956 (December 23, 2014).
comment on these preliminary results Deputy Assistant Secretary for Enforcement 2 For a complete description of the scope of the
and submit written arguments or case and Compliance. order, see ‘‘Decision Memorandum for the
Preliminary Results of 2013–2014 Antidumping
mstockstill on DSK4VPTVN1PROD with NOTICES
briefs within 30 days after the date of [FR Doc. 2015–19845 Filed 8–11–15; 8:45 am] Duty Administrative Review: Polyethylene
publication of this notice, unless Terephthalate Film, Sheet, and Strip from the
BILLING CODE 3510–DS–P
People’s Republic of China,’’ from Christian Marsh,
5 See,e.g., Certain Frozen Warmwater Shrimp Deputy Assistant Secretary for Antidumping and
From Thailand: Preliminary Results of 6 See 19 CFR 351.309(c)(ii). Countervailing Duty Operations to Ronald K.
Antidumping Duty Administrative Review and 7 See
Lorentzen, Acting Assistant Secretary for
19 CFR 351.309(d).
Intent To Revoke the Order (in Part); 2011–2012, 78 Enforcement and Compliance, dated concurrently
8 See 19 CFR 351.310(c).
FR 15686 (March 12, 2013) and the accompanying with this notice (‘‘Preliminary Decision
Decision Memorandum at 7 to 8. 9 See 19 CFR 351.214(i). Memorandum’’).
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![Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48295
regarding the reimbursement of and validation of cryptographic the possible uses of ISO/IEC 19790:2014
antidumping duties prior to liquidation algorithms and modules. that range from use of only selected
of the relevant entries during this DATES: Comments on the potential use sections, continuing with a FIPS
review period. Failure to comply with of ISO/IEC 19790:2014 must be received requirement that cites a baseline version
this requirement could result in the no later than 5 p.m., EST on September of the ISO/IEC 19790:2014, and/or full
Department’s presumption that 28, 2015. use of the ISO/IEC standard. NIST is
reimbursement of antidumping duties ADDRESSES: Written comments also interested in feedback on the
occurred and the subsequent assessment concerning the potential use of ISO/IEC impacts of a potential U.S. Government
of double antidumping duties. 19790:2014 should be sent to: requirement for use and conformance
We are issuing and publishing these Information Technology Laboratory, using a standard with a fee-based model
results in accordance with sections ATTN Use of ISO/IEC 19790, Mail Stop where organizations must purchase
751(a)(1) and 777(i)(1) of the Act and 19 7730, National Institute of Standards copies of the ISO/IEC 19790:2014.
CFR 351.213 and 351.221(b)(4). and Technology, 100 Bureau Drive, NIST is particularly interested in
Dated: July 30, 2015. Gaithersburg, MD 20899. comments from commercial
Ronald K. Lorentzen, Electronic comments should be sent implementers of cryptography, testing
to: UseOfISO@nist.gov. and conformance organizations, users of
Acting Assistant Secretary for Enforcement
and Compliance. FOR FURTHER INFORMATION CONTACT: Ms.
cryptography, and organizations who
Diane Honeycutt, telephone (301) 975– currently require or cite FIPS 140–2 as
Appendix a normative reference, on the benefits
8443, MS 8930, National Institute of
List of Topics Discussed in the Preliminary Standards and Technology, versus risks in using ISO/IEC
Results Decision Memorandum Gaithersburg, MD 20899 or via email at 19790:2014 rather than FIPS 140–2 from
Summary DHoneycutt@nist.gov. perspectives of technology,
Background implementations, risks and impacts to
SUPPLEMENTARY INFORMATION: The
Partial Rescission commercial IT markets. NIST requests
National Technology Transfer and
Scope of the Order comments on the following questions
Discussion of the Methodology Advancement Act (NTTAA), Public Law
regarding the use of ISO/IEC
Non-Market Economy Status 104–113, directs federal agencies with
19790:2014, but comments on other
PRC-Wide Entity respect to their use of and participation
cryptographic test and conformance
Recommendation in the development of voluntary
issues will also be considered.
[FR Doc. 2015–19359 Filed 8–11–15; 8:45 am] consensus standards. The NTTAA’s (1) Have your customers or users
BILLING CODE 3510–DS–P objective is for federal agencies to adopt asked for either ISO/IEC 19790:2014 or
voluntary consensus standards, FIPS 140–2 validations in cryptographic
wherever possible, in lieu of creating products?
DEPARTMENT OF COMMERCE proprietary, non-consensus standards. (2) Have the markets you serve asked
As the implementation of commercial for either validation and have you
National Institute of Standards and cryptography, which is used to protect noticed any changes in what the
Technology U.S. non-national security information markets you serve are asking for?
[Docket No. 150706577–5577–01] and information systems, is now (3) Do you think the ISO/IEC
commoditized and built, marketed and 19790:2014 standard specifies tests and
RIN 0693–XC051 used globally, NIST is seeking provides evidence of conformance for
comments on using the ISO/IEC cryptographic algorithms and modules
Government Use of Standards for 19790:2014 Security Requirements for
Security and Conformance better, equally or less as compared to
Cryptographic Modules standard as the FIPS 140–2 and in what areas?
Requirements for Cryptographic U.S. Federal Standard for cryptographic
Algorithm and Cryptographic Module (4) Is there a difference in risk that
modules (http://www.iso.org/iso/ you perceive would be mitigated or
Testing and Validation Programs catalogue_detail.htm?csnumber=59142). accepted in use of one standard versus
AGENCY: National Institute of Standards The standards for cryptographic the other?
and Technology (NIST), Commerce. module testing, conformance, and (5) Are the requirements in ISO/IEC
ACTION: Notice; Request for information. validation activities are currently 19790:2014 specific enough for your
specified by Federal Information organization to develop a cryptographic
SUMMARY: NIST is seeking public Processing Standard (FIPS) 140–2. This module that can demonstrate
comment on the potential use of certain standard is used to ensure encryption conformance to this standard?
International Organization for technologies used by the U.S. (6) Would the U.S. Government
Standardization/International Government meet minimally acceptable citation of an ISO standard that has a fee
Electrotechnical Commission (ISO/IEC) requirements and can demonstrate an for access to the standard inhibit your
standards for cryptographic algorithm acceptable level of conformance to the use or implementation of this standard?
and cryptographic module testing, Standard that is commensurate with the (7) Do either FIPS 140–2 or ISO/IEC
conformance, and validation activities, risk the U.S. Government finds 19790:2014 have a gap area that is not
currently specified by Federal acceptable when using encryption required for implementation, test or
Information Processing Standard (FIPS) technologies to protect U.S. Government validation that presents an unacceptable
140–2. The National Technology information and information systems. risk to users of cryptographic modules?
mstockstill on DSK4VPTVN1PROD with NOTICES
Transfer and Advancement Act NIST is interested in the commercial The responses to this request for
(NTTAA) directs federal agencies to and market effects to U.S. industry and information will be used to plan
adopt voluntary consensus standards the potential changes to visibility in possible changes to the FIPS or in a
wherever possible. The responses to this cryptographic modules conformance to decision to use all or part of ISO/IEC
request for information will be used to standards, as well as the ISO/IEC 19790:2014 for testing, conformance and
plan possible changes to the FIPS or in 19790:2014 standards ability to meet validation of cryptographic algorithms
a decision to use all or part of the ISO/ requirements for the U.S. Government. and modules. In any decision made, it
IEC standards for testing, conformance NIST is also interested in comments on is the intention of NIST to continue
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Document Created: 2016-09-27 22:27:34
Document Modified: 2016-09-27 22:27:34
| 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 | Jonathan Hill, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3518. | |
| FR Citation | 80 FR 48293 |
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