80 FR 75451 - Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 231 (December 2, 2015)

Page Range		75451-75452
FR Document		2015-30339

On July 29, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).\1\ This review covers Nan Ya Plastics Corporation (Nan Ya) and Shinkong Materials Technology Corporation (SMTC). We invited interested parties to comment on the Preliminary Results. We received no comments or requests for a hearing. Therefore, for the final results, we continue to find that sales of subject merchandise by Nan Ya were not made at less than normal value during the period of review (POR). We continue to find that SMTC had no shipments during the POR. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 231 (Wednesday, December 2, 2015)

[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Notices]
[Pages 75451-75452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30339]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / 
Notices

[[Page 75451]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 29, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty (AD) order on polyethylene terephthalate film, sheet, 
and strip (PET Film) from Taiwan in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).\1\ This 
review covers Nan Ya Plastics Corporation (Nan Ya) and Shinkong 
Materials Technology Corporation (SMTC). We invited interested parties 
to comment on the Preliminary Results. We received no comments or 
requests for a hearing. Therefore, for the final results, we continue 
to find that sales of subject merchandise by Nan Ya were not made at 
less than normal value during the period of review (POR). We continue 
to find that SMTC had no shipments during the POR.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2013-2014, 80 
FR 45182 (July 29, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: December 2, 2015.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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-
5255.

Background

    On July 29, 2015, the Department published the Preliminary Results. 
The POR is July 1, 2013, through June 30, 2014. We invited interested 
parties to comment on the Preliminary Results. We received no comments 
or requests for a hearing from any party. The Department conducted this 
administrative review in accordance with section 751(a)(2) of the Act.

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed PET film, whether extruded or coextruded. 
Excluded are metalized 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 of more than 0.00001 
inches thick. Imports of polyethylene terephthalate film, sheet, and 
strip are currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) under item number 3920.62.00.90. HTSUS 
subheadings are provided for convenience and customs purposes. The 
written description of the scope of the antidumping duty order is 
dispositive.

Final Results of Review

    As noted above, the Department received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, the Department finds that there is no reason 
to modify its analysis and calculations. Thus, we continue to find that 
sales of subject merchandise by Nan Ya were not made at less than 
normal value during the POR. We continue to find that SMTC had no 
shipments during the POR. Accordingly, no decision memorandum 
accompanies this Federal Register notice. For further details of the 
issues addressed in this proceeding, see the Preliminary Results and 
the accompanying Preliminary Decision Memorandum.\2\ The final 
weighted-average dumping margin for the period July 1, 2013, through 
June 30, 2014, for Nan Ya is as follows:
---------------------------------------------------------------------------

    \2\ See ``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,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated July 22, 2015 (Preliminary Decision Memorandum), which can be 
accessed directly at http://enforcement.trade.gov/frn/index.html.

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/Exporter                          margin
                                                          (percentage)
------------------------------------------------------------------------
Nan Ya Plastics Corporation..........................              0.00
------------------------------------------------------------------------

Final 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 Corporation (SSFC), we determine that SMTC had no 
shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. For a full discussion of this 
determination, see the Preliminary Decision Memorandum.

Assessment Rates

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries in this review, in accordance with 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of these final results of review. Because we 
have calculated a zero margin for Nan Ya in the final results of this 
review, in accordance with 19 CFR 351.212 we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 in its Assessment Policy Notice.\3\ This clarification 
applies to entries of subject merchandise during the POR produced and 
exported by Nan Ya for which it did not know that the merchandise was 
destined for the United States. Furthermore, this clarification applies 
to all POR entries entered under the case number for SMTC 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, 
consistent with the

[[Page 75452]]

Assessment Policy Notice, we will instruct CBP to liquidate un-reviewed 
entries at the all-others rate established in the less-than fair-value 
(LTFV) investigation, 2.40 percent,\4\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\5\
---------------------------------------------------------------------------

    \3\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \4\ 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, 44175 (July 1, 2002) (PET Film from Taiwan 
Amended Final Determination), unchanged in 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 46566 (July 15, 2002) 
(Correction Notice).
    \5\ See Assessment Policy Notice for a full discussion of this 
clarification.
---------------------------------------------------------------------------

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, as 
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit 
rate for Nan Ya will be 0.00%, the rate established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not covered in this review, 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 or any 
previous review or in the original LTFV 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) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review or the investigation, the cash-deposit rate will 
continue to be the all-others rate of 2.40 percent, which is the all-
others rate established by the Department in the LTFV investigation.\6\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \6\ See PET Film from Taiwan Amended Final Determination, 67 FR 
at 44175, unchanged in Correction Notice, 67 FR at 46566.
---------------------------------------------------------------------------

Reimbursement of Duties

    This notice also serves as a final 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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/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 and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: November 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-30339 Filed 12-1-15; 8:45 am]
 BILLING CODE 3510-DS-P

75451

Notices Federal Register
Vol. 80, No. 231

Wednesday, December 2, 2015

This section of the FEDERAL REGISTER Avenue NW., Washington, DC 20230; average dumping margin for the period
contains documents other than rules or telephone: (202) 482–5255. July 1, 2013, through June 30, 2014, for
proposed rules that are applicable to the Nan Ya is as follows:
public. Notices of hearings and investigations, Background
committee meetings, agency decisions and On July 29, 2015, the Department Weighted-
rulings, delegations of authority, filing of published the Preliminary Results. The Producer/Exporter average margin
petitions and applications and agency POR is July 1, 2013, through June 30, (percentage)
statements of organization and functions are
examples of documents appearing in this
2014. We invited interested parties to
Nan Ya Plastics Corpora-
section. comment on the Preliminary Results. tion ................................ 0.00
We received no comments or requests
for a hearing from any party. The
Final Determination of No Shipments
DEPARTMENT OF COMMERCE Department conducted this
administrative review in accordance Based on our analysis of U.S. Customs
International Trade Administration with section 751(a)(2) of the Act. and Border Protection (CBP)
information and information provided
[A–583–837] Scope of the Order by SMTC and its affiliate Shinkong
The products covered by the Synthetic Fibers Corporation (SSFC), we
Polyethylene Terephthalate Film, antidumping duty order are all gauges of determine that SMTC had no shipments
Sheet, and Strip (PET Film) From raw, pretreated, or primed PET film, of the subject merchandise, and,
Taiwan: Final Results of Antidumping whether extruded or coextruded. therefore, no reviewable transactions,
Duty Administrative Review and Final Excluded are metalized films and other during the POR. For a full discussion of
Determination of No Shipments; 2013– finished films that have had at least one this determination, see the Preliminary
2014 of their surfaces modified by the Decision Memorandum.
AGENCY: Enforcement and Compliance, application of a performance-enhancing
Assessment Rates
International Trade Administration, resinous or inorganic layer of more than
Department of Commerce. 0.00001 inches thick. Imports of The Department will determine, and
SUMMARY: On July 29, 2015, the polyethylene terephthalate film, sheet, CBP shall assess, antidumping duties on
Department of Commerce (the and strip are currently classifiable in the all appropriate entries in this review, in
Department) published the preliminary Harmonized Tariff Schedule of the accordance with section 751(a)(2)(C) of
results of the administrative review of United States (HTSUS) under item the Act and 19 CFR 351.212(b)(1). The
the antidumping duty (AD) order on number 3920.62.00.90. HTSUS Department intends to issue assessment
polyethylene terephthalate film, sheet, subheadings are provided for instructions directly to CBP 15 days
and strip (PET Film) from Taiwan in convenience and customs purposes. The after publication of these final results of
accordance with section 751(a)(1)(B) of written description of the scope of the review. Because we have calculated a
the Tariff Act of 1930, as amended (the antidumping duty order is dispositive. zero margin for Nan Ya in the final
Act).1 This review covers Nan Ya results of this review, in accordance
Final Results of Review with 19 CFR 351.212 we will instruct
Plastics Corporation (Nan Ya) and
Shinkong Materials Technology As noted above, the Department CBP to liquidate the appropriate entries
Corporation (SMTC). We invited received no comments concerning the without regard to antidumping duties.
interested parties to comment on the Preliminary Results. As there are no The Department clarified its
Preliminary Results. We received no changes from, or comments upon, the ‘‘automatic assessment’’ regulation on
comments or requests for a hearing. Preliminary Results, the Department May 6, 2003 in its Assessment Policy
Therefore, for the final results, we finds that there is no reason to modify Notice.3 This clarification applies to
continue to find that sales of subject its analysis and calculations. Thus, we entries of subject merchandise during
merchandise by Nan Ya were not made continue to find that sales of subject the POR produced and exported by Nan
at less than normal value during the merchandise by Nan Ya were not made Ya for which it did not know that the
period of review (POR). We continue to at less than normal value during the merchandise was destined for the
find that SMTC had no shipments POR. We continue to find that SMTC United States. Furthermore, this
during the POR. had no shipments during the POR. clarification applies to all POR entries
Accordingly, no decision memorandum entered under the case number for
DATES: Effective Date: December 2, 2015.
accompanies this Federal Register SMTC because it certified that it made
FOR FURTHER INFORMATION CONTACT: notice. For further details of the issues no POR shipments of subject
Jacqueline Arrowsmith, AD/CVD addressed in this proceeding, see the merchandise for which it had
Operations, Office VII, Enforcement and Preliminary Results and the knowledge of the U.S. destination. In
Compliance, International Trade accompanying Preliminary Decision such instances, consistent with the
Administration, U.S. Department of
jstallworth on DSK7TPTVN1PROD with NOTICES

Memorandum.2 The final weighted-
Commerce, 14th Street and Constitution Piquado, Assistant Secretary for Enforcement and
2 See ‘‘Decision Memorandum for Preliminary Compliance, dated July 22, 2015 (Preliminary
1 See Polyethylene Terephthalate Film, Sheet, and Results of Antidumping Duty Administrative Decision Memorandum), which can be accessed
Strip From Taiwan: Preliminary Results of Review and Preliminary Determination of No directly at http://enforcement.trade.gov/frn/
Antidumping Duty Administrative Review and Shipments: Polyethylene Terephthalate Film, Sheet, index.html.
Preliminary Determination of No Shipments; 2013– and Strip from Taiwan; 2013–2014,’’ from Christian 3 See Antidumping and Countervailing Duty

2014, 80 FR 45182 (July 29, 2015) (Preliminary Marsh, Deputy Assistant Secretary for Antidumping Proceedings: Assessment of Antidumping Duties, 68
Results). and Countervailing Duty Operations, to Paul FR 23954 (May 6, 2003) (Assessment Policy Notice).

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75452 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices

Assessment Policy Notice, we will this requirement could result in the DATES: Submit your comments on this
instruct CBP to liquidate un-reviewed Secretary’s presumption that proposed new system of records on or
entries at the all-others rate established reimbursement of antidumping duties before January 4, 2016.
in the less-than fair-value (LTFV) occurred and the subsequent assessment The Department filed a report
investigation, 2.40 percent,4 if there is of double antidumping duties. describing the new system of records
no rate for the intermediate covered by this notice with the Chair of
company(ies) involved in the Administrative Protective Order
the Senate Committee on Homeland
transaction.5 This notice also serves as a reminder Security and Governmental Affairs, the
Cash Deposit Requirements to parties subject to administrative Chair of the House Committee on
protective order (APO) of their Oversight and Government Reform, and
The following cash deposit responsibility concerning the return or the Administrator of the Office of
requirements will be effective upon destruction of proprietary information Information and Regulatory Affairs,
publication of the final results of this disclosed under APO in accordance Office of Management and Budget
administrative review for all shipments with 19 CFR 351.305(a)(3), which (OMB) on November 20, 2015. This
of the subject merchandise entered, or continues to govern business system of records will become effective
withdrawn from warehouse, for proprietary information in this segment on the later date of: (1) The expiration
consumption on or after the publication of the proceeding. Timely written of the 40-day period for OMB review on
date, as provided for by section notification of the return/destruction of January 2, 2016, unless OMB waives 10
751(a)(2)(C) of the Act: (1) The cash APO materials or conversion to judicial days of the 40–day review period for
deposit rate for Nan Ya will be 0.00%, protective order is hereby requested. compelling reasons shown by the
the rate established in the final results Failure to comply with the regulations Department, or (2) January 4, 2016,
of this review; (2) for previously and terms of an APO is a violation, unless the system of records needs to be
reviewed or investigated companies not which is subject to sanction. changed as a result of public comment
covered in this review, the cash deposit or OMB review. The Department will
We are issuing and publishing this
rate will continue to be the company- publish any changes to the system of
notice in accordance with sections
specific rate published for the most records or routine uses that result from
751(a)(1) and 777(i)(1) of the Act and 19
recent period; (3) if the exporter is not public comment or OMB review.
CFR 351.213(h).
a firm covered in this or any previous
review or in the original LTFV Dated: November 20, 2015. ADDRESSES: Submit your comments
investigation but the manufacturer is, Paul Piquado, through the Federal eRulemaking Portal
the cash-deposit rate will be the rate Assistant Secretary for Enforcement and
or via postal mail, commercial delivery,
established for the most recent period Compliance. or hand delivery. We will not accept
for the manufacturer of the [FR Doc. 2015–30339 Filed 12–1–15; 8:45 am]
comments submitted by fax or by email
merchandise; and (4) if neither the or those submitted after the comment
BILLING CODE 3510–DS–P
exporter nor the manufacturer is a firm period. To ensure that we do not receive
covered in this or any previous review duplicate copies, please submit your
or the investigation, the cash-deposit comments only once. In addition, please
rate will continue to be the all-others DEPARTMENT OF EDUCATION include the Docket ID and the term
rate of 2.40 percent, which is the all- ‘‘Impact Evaluation of Data-Driven
others rate established by the Privacy Act of 1974; System of Instruction Professional Development
Department in the LTFV investigation.6 Records—Impact Evaluation of Data- for Teachers’’ at the top of your
These cash deposit requirements, when Driven Instruction Professional comments.
imposed, shall remain in effect until Development for Teachers • Federal eRulemaking Portal: Go to
further notice. www.regulations.gov to submit your
AGENCY: Institute of Education Sciences, comments electronically. Information
Reimbursement of Duties Department of Education. on using Regulations.gov, including
This notice also serves as a final ACTION: Notice of a new system of instructions for accessing agency
reminder to importers of their records. documents, submitting comments, and
responsibility under 19 CFR viewing the docket, is available on the
351.402(f)(2) to file a certificate SUMMARY: In accordance with the site under ‘‘Are you new to the site.’’
regarding the reimbursement of Privacy Act of 1974, as amended • Postal Mail, Commercial Delivery,
antidumping duties prior to liquidation (Privacy Act), the Department of or Hand Delivery: If you mail or deliver
of the relevant entries during this Education (Department) publishes this your comments about these proposed
review period. Failure to comply with notice of a new system of records priorities, requirements, definitions, and
entitled ‘‘Impact Evaluation of Data- selection criterion address them to: Dr.
4 See Notice of Amended Final Antidumping Duty Driven Instruction Professional Audrey Pendleton, Associate
Determination of Sales at Less Than Fair Value and Development for Teachers’’ (#18–13– Commissioner, Evaluation Division,
Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
39). The National Center for Education National Center for Education
from Taiwan, 67 FR 44174, 44175 (July 1, 2002) Evaluation and Regional Assistance at Evaluation and Regional Assistance,
(PET Film from Taiwan Amended Final the Department’s Institute of Education Institute of Education Sciences, U.S.
Determination), unchanged in Notice of Amended Sciences (IES) awarded a contract in Department of Education, 555 New
Final Antidumping Duty Determination of Sales at
September 2012 to Mathematica Policy Jersey Avenue NW., Room 502D,
jstallworth on DSK7TPTVN1PROD with NOTICES

Less Than Fair Value and Antidumping Duty Order:
Polyethylene Terephthalate Film, Sheet, and Strip Research, Abt Associates, Synergy Washington, DC 20208–0001.
(PET Film) from Taiwan, 67 FR 46566 (July 15, Enterprises, Evidence-Based Education Privacy Note: The Department’s
2002) (Correction Notice). Research & Evaluation, and Public policy is to make all comments received
5 See Assessment Policy Notice for a full
Consulting Group Education—Focus on from members of the public available for
discussion of this clarification.
6 See PET Film from Taiwan Amended Final Results to provide evidence on the public viewing in their entirety on the
Determination, 67 FR at 44175, unchanged in effectiveness of data-driven instruction Federal eRulemaking Portal at
Correction Notice, 67 FR at 46566. professional development. www.regulations.gov. Therefore,

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Document Created: 2015-12-14 13:48:37
Document Modified: 2015-12-14 13:48:37

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		Jacqueline Arrowsmith, 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- 5255.
FR Citation		80 FR 75451

80 FR 75451 - Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 231 (December 2, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration