81 FR 21314 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 69 (April 11, 2016)
International Trade Administration
Federal Register Volume 81, Issue 69 (April 11, 2016)
| Page Range | 21314-21315 | |
| FR Document | 2016-08234 |
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)] [Notices] [Pages 21314-21315] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08234] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-803] Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 1, 2015, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from the United Arab Emirates (UAE).\1\ This review covers one producer/exporter of subject merchandise, JBF RAK LLC (JBF). Based on our analysis of the comments and information received, we made changes to the Preliminary Results, which are discussed below. The final weighted-average dumping margin is listed below in the section titled ``Final Results of Review.'' --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 75052 (December 1, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: April 11, 2016 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 December 1, 2015, the Department published the Preliminary Results. On January 11, 2016, the Department received timely-filed case briefs from JBF and DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc., (collectively, Petitioners).\2\ On January 19, 2016, JBF and Petitioners timely filed rebuttal briefs.\3\ --------------------------------------------------------------------------- \2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A-520-803); Case Brief of JBF RAK, LLC'' dated January 11, 2016 and ``Polyethylene Terephthalate (PET) Film, Sheet, and Strip from the United Arab Emirates: Petitioners' Case Brief'' dated January 11, 2016. \3\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A-520-803); Rebuttal Brief of JBF RAK, LLC'' dated January 19, 2016 and Polyethylene Terephthalate (PET) Film, Sheet, and Strip from the United Arab Emirates: Petitioners' Rebuttal Brief'' dated January 19, 2016. --------------------------------------------------------------------------- Period of Review The period of review is November 1, 2013 through October 31, 2014. Scope of the Order The products covered by the order are all gauges of raw, pre- treated, or primed polyethylene terephthalate film (PET 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. PET 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. Analysis of Comments Received All issues raised by parties in the case and rebuttal briefs are addressed in the Memorandum to Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Issues and Decision Memorandum for the Final Results'' (Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. A list of the issues addressed in the Decision Memorandum is appended to this notice. The Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services 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 of the main Commerce Building, room B-8024. In addition, a complete version of the Decision Memorandum is also [[Page 21315]] accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we made adjustments to our margin calculations for JBF for international movement expenses, and errors in the conversion of certain invoice dates.\4\ As a result of these adjustments, the Department is now applying the average-to- average comparison methodology for the final results.\5\ A complete discussion of these adjustments and changes can be found in the Decision Memorandum. --------------------------------------------------------------------------- \4\ See Decision Memorandum at Comment 3. \5\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum for JBF RAK LLC 2013-2014,'' April 04, 2016. --------------------------------------------------------------------------- Final Results of Review As a result of this review, we determine that the following weighted-average dumping margins exist for the period of November 1, 2013, through October 31, 2014: ------------------------------------------------------------------------ Weighted-Average Dumping Producer or Exporter Margin (percent ad valorem) ------------------------------------------------------------------------ JBF RAK LLC............................... 4.44 ------------------------------------------------------------------------ Disclosure We will disclose to interested parties the calculations performed in connection with these final results within five days of the publication of this notice, consistent with 19 CFR 351.224(b). Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.\6\ The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \6\ The Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). --------------------------------------------------------------------------- For assessment purposes we calculated importer-specific, ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of those same sales.\7\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. --------------------------------------------------------------------------- \7\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- 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 subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For the company covered by this review, the cash deposit rate will be equal to the weighted-average dumping margin listed above in the section ``Final Results of Review;'' (2) for merchandise exported by producers or exporters not covered in this review but covered in a previously completed segment of this proceeding, the cash deposit rate will continue to be the company- specific rate published in the final results for the most recent period in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, then the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the final results for the most recent period in which that producer participated; and (4) if neither the exporter nor the producer is a firm covered in this review or in any previously completed segment of this proceeding, then the cash deposit rate will be 4.05 percent, the all-others rate established in the less than fair value investigation.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ Id. --------------------------------------------------------------------------- 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 judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Importers This notice 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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: April 4, 2016. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix Issues in the Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1: Explanation of Alternative Comparison Methodology Comment 2: Alleged SAS Programming Errors IV. Recommendation [FR Doc. 2016-08234 Filed 4-8-16; 8:45 am] BILLING CODE 3510-DS-P
![21314 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
publication, as provided by section 4. Rate for Companies Not Selected for On January 19, 2016, JBF and
751(a)(2) of the Act: (1) The cash deposit Individual Examination Petitioners timely filed rebuttal briefs.3
rates for the reviewed companies will be E. Recommendation
Period of Review
the rates established in the final results [FR Doc. 2016–08231 Filed 4–8–16; 8:45 am]
of this review; (2) for merchandise BILLING CODE 3510–DS–P The period of review is November 1,
exported by manufacturers or exporters 2013 through October 31, 2014.
not covered in this review but covered Scope of the Order
in a prior segment of the proceeding, the DEPARTMENT OF COMMERCE
cash deposit rate will continue to be the The products covered by the order are
company-specific rate published for the International Trade Administration all gauges of raw, pre-treated, or primed
most recently completed segment of this polyethylene terephthalate film (PET
[A–520–803] Film), whether extruded or co-extruded.
proceeding; (3) if the exporter is not a
firm covered in this review, a prior Excluded are metallized films and other
Polyethylene Terephthalate Film,
review, or the less-than-fair-value finished films that have had at least one
Sheet, and Strip From the United Arab
investigation but the manufacturer is, of their surfaces modified by the
Emirates: Final Results of
the cash deposit rate will be the rate application of a performance-enhancing
Antidumping Duty Administrative
established for the most recently resinous or inorganic layer more than
Review; 2013–2014
completed segment of this proceeding 0.00001 inches thick. Also excluded is
for the manufacturer of the AGENCY: Enforcement and Compliance, roller transport cleaning film which has
merchandise; (4) if neither the exporter International Trade Administration, at least one of its surfaces modified by
nor the manufacturer has its own rate, Department of Commerce. application of 0.5 micrometers of SBR
the cash deposit rate will be 7.30 SUMMARY: On December 1, 2015, the latex. Tracing and drafting film is also
percent.11 These deposit requirements, Department of Commerce (the excluded. PET Film is classifiable under
when imposed, shall remain in effect Department) published the preliminary subheading 3920.62.00.90 of the
until further notice. results of administrative review of the Harmonized Tariff Schedule of the
antidumping duty order on United States (HTSUS). While HTSUS
Notifications to Importers polyethylene terephthalate film (PET subheadings are provided for
This notice serves as a preliminary Film) from the United Arab Emirates convenience and customs purposes, our
reminder to importers of their (UAE).1 This review covers one written description of the scope of the
responsibility under 19 CFR producer/exporter of subject order is dispositive.
351.402(f)(2) to file a certificate merchandise, JBF RAK LLC (JBF). Based Analysis of Comments Received
regarding the reimbursement of on our analysis of the comments and
information received, we made changes All issues raised by parties in the case
antidumping duties prior to liquidation and rebuttal briefs are addressed in the
of the relevant entries during this to the Preliminary Results, which are
discussed below. The final weighted- Memorandum to Ronald Lorentzen,
review period. Failure to comply with Acting Assistant Secretary for
this requirement could result in the average dumping margin is listed below
in the section titled ‘‘Final Results of Enforcement and Compliance, from
Secretary’s presumption that Christian Marsh, Deputy Assistant
reimbursement of antidumping duties Review.’’
Secretary for Antidumping and
occurred and the subsequent assessment DATES: Effective Date: April 11, 2016
Countervailing Duty Operations,
of doubled antidumping duties. FOR FURTHER INFORMATION CONTACT: ‘‘Antidumping Duty Administrative
Notification to Interested Parties Andrew Huston, AD/CVD Operations, Review of Polyethylene Terephthalate
Office VII, Enforcement and Film, Sheet, and Strip from the United
This notice is issued and published in Compliance, International Trade Arab Emirates: Issues and Decision
accordance with sections 751(a)(1) and Administration, U.S. Department of Memorandum for the Final Results’’
777(i)(1) of the Act. Commerce, 14th Street and Constitution (Decision Memorandum), dated
Dated: April 6, 2016. Avenue NW., Washington, DC 20230; concurrently with, and hereby adopted
Ronald K. Lorentzen, telephone: (202) 482–4261. by, this notice. A list of the issues
Acting Assistant Secretary for Enforcement SUPPLEMENTARY INFORMATION: addressed in the Decision Memorandum
and Compliance. Background is appended to this notice. The Decision
Memorandum is a public document and
Appendix On December 1, 2015, the Department is available electronically via
List of Topics Discussed in the Preliminary published the Preliminary Results. On Enforcement and Compliance’s
Decision Memorandum January 11, 2016, the Department Antidumping and Countervailing Duty
A. Summary received timely-filed case briefs from Centralized Electronic Services System
B. Background JBF and DuPont Teijin Films, (ACCESS). ACCESS is available to
C. Scope of the Order Mitsubishi Polyester Film, Inc., and registered users at http://
D. Discussion of the Methodology SKC, Inc., (collectively, Petitioners).2 access.trade.gov, and it is available to
1. Selection of Respondents all parties in the Central Records Unit
2. No Shipment Claims by Schwermetall, 1 See Polyethylene Terephthalate Film, Sheet, and
of the main Commerce Building, room
ThyssenKrupp, and Wieland Strip from the United Arab Emirates: Preliminary
3. Use of Facts Otherwise Available Results of Antidumping Duty Administrative
B–8024. In addition, a complete version
mstockstill on DSK4VPTVN1PROD with NOTICES
a. Use of Facts Available Review; 2013–2014, 80 FR 75052 (December 1, of the Decision Memorandum is also
b. Application of Facts Available With an 2015) (Preliminary Results).
2 See ‘‘Polyethylene Terephthalate (PET) Film, 3 See ‘‘Polyethylene Terephthalate (PET) Film,
Adverse Inference
c. Selection and Corroboration of Sheet and Strip from the United Arab Emirates (A– Sheet and Strip from the United Arab Emirates (A–
Information Used As Facts Available 520–803); Case Brief of JBF RAK, LLC’’ dated 520–803); Rebuttal Brief of JBF RAK, LLC’’ dated
January 11, 2016 and ‘‘Polyethylene Terephthalate January 19, 2016 and Polyethylene Terephthalate
(PET) Film, Sheet, and Strip from the United Arab (PET) Film, Sheet, and Strip from the United Arab
11 See Preliminary Decision Memorandum for Emirates: Petitioners’ Case Brief’’ dated January 11, Emirates: Petitioners’ Rebuttal Brief’’ dated January
additional details. 2016. 19, 2016.
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![Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21315
accessible on the internet at http:// will instruct CBP to assess antidumping Notification to Importers
enforcement.trade.gov/frn/index.html. duties on all appropriate entries covered This notice serves as a final reminder
The signed Decision Memorandum and by this review. to importers of their responsibility
the electronic versions of the Decision under 19 CFR 351.402(f)(2) to file a
Memorandum are identical in content. Cash Deposit Requirements
certificate regarding the reimbursement
Changes Since the Preliminary Results The following cash deposit of antidumping duties prior to
requirements will be effective upon liquidation of the relevant entries
Based on our analysis of the during this POR. Failure to comply with
publication of the final results of this
comments received, we made this requirement could result in the
administrative review for all shipments
adjustments to our margin calculations Department’s presumption that
of subject merchandise entered, or
for JBF for international movement reimbursement of antidumping duties
withdrawn from warehouse, for
expenses, and errors in the conversion occurred and the subsequent assessment
of certain invoice dates.4 As a result of consumption on or after the publication
date of these final results, as provided of doubled antidumping duties.
these adjustments, the Department is
now applying the average-to-average by section 751(a)(2)(C) of the Tariff Act Notification to Interested Parties
comparison methodology for the final of 1930, as amended (the Act): (1) For
the company covered by this review, the We are issuing and publishing these
results.5 A complete discussion of these final results and this notice in
adjustments and changes can be found cash deposit rate will be equal to the
weighted-average dumping margin accordance with sections 751(a)(1) and
in the Decision Memorandum. 777(i)(1) of the Act and 19 CFR
listed above in the section ‘‘Final
Final Results of Review 351.213(h).
Results of Review;’’ (2) for merchandise
As a result of this review, we exported by producers or exporters not Dated: April 4, 2016.
determine that the following weighted- covered in this review but covered in a Ronald Lorentzen,
average dumping margins exist for the previously completed segment of this Acting Assistant Secretary for Enforcement
period of November 1, 2013, through proceeding, the cash deposit rate will and Compliance.
October 31, 2014: continue to be the company-specific rate Appendix
published in the final results for the
Weighted-Average Dumping most recent period in which that Issues in the Decision Memorandum
Producer or
Exporter Margin producer or exporter participated; (3) if I. Summary
(percent ad valorem) II. Background
the exporter is not a firm covered in this
III. Discussion of the Issues
JBF RAK review or in any previous segment of Comment 1: Explanation of Alternative
LLC .......... 4.44 this proceeding, but the producer is, Comparison Methodology
then the cash deposit rate will be that Comment 2: Alleged SAS Programming
Disclosure established for the producer of the Errors
merchandise in these final results of IV. Recommendation
We will disclose to interested parties [FR Doc. 2016–08234 Filed 4–8–16; 8:45 am]
review or in the final results for the
the calculations performed in
most recent period in which that BILLING CODE 3510–DS–P
connection with these final results
producer participated; and (4) if neither
within five days of the publication of
the exporter nor the producer is a firm
this notice, consistent with 19 CFR DEPARTMENT OF COMMERCE
covered in this review or in any
351.224(b).
previously completed segment of this International Trade Administration
Assessment Rates proceeding, then the cash deposit rate
The Department shall determine, and will be 4.05 percent, the all-others rate Proposed Information Collection;
U.S. Customs and Border Protection established in the less than fair value Comment Request; Procedures for
(CBP) shall assess, antidumping duties investigation.8 These cash deposit Importation of Supplies for Use in
on all appropriate entries of subject requirements, when imposed, shall Emergency Relief Work
merchandise in accordance with the remain in effect until further notice.
AGENCY: International Trade
final results of this review.6 The Notification Regarding Administrative Administration, Commerce.
Department intends to issue appropriate Protective Orders
ACTION: Notice.
assessment instructions directly to CBP
15 days after the date of publication of This notice is the only reminder to SUMMARY: The Department of
these final results of review. parties subject to the administrative Commerce, as part of its continuing
For assessment purposes we protective order (APO) of their effort to reduce paperwork and
calculated importer-specific, ad valorem responsibility concerning the return or respondent burden, invites the general
assessment rates based on the ratio of destruction of proprietary information public and other Federal agencies to
the total amount of dumping calculated disclosed under the APO in accordance take this opportunity to comment on
for the examined sales to the total with 19 CFR 351.305(a)(3), which proposed and/or continuing information
entered value of those same sales.7 We continues to govern business collections, as required by the
proprietary information in this segment Paperwork Reduction Act of 1995.
4 See Decision Memorandum at Comment 3.
of the proceeding. Timely written DATES: Written comments must be
5 See Memorandum to Mark Hoadley, ‘‘Final
notification of the return or destruction submitted on or before June 10, 2016.
mstockstill on DSK4VPTVN1PROD with NOTICES
Analysis Memorandum for JBF RAK LLC 2013–
2014,’’ April 04, 2016. of APO materials, or conversion to ADDRESSES: Direct all written comments
6 The Department applied the assessment rate judicial protective order, is hereby to Jennifer Jessup, Departmental
calculation method adopted in Antidumping requested. Failure to comply with the Paperwork Clearance Officer,
Proceedings: Calculation of the Weighted-Average regulations and the terms of an APO is Department of Commerce, Room 6616,
Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
a sanctionable violation. 14th and Constitution Avenue NW.,
FR 8101 (February 14, 2012). Washington, DC 20230 (or via the
7 See 19 CFR 351.212(b)(1). 8 Id. Internet at JJessup@doc.gov).
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Document Created: 2016-04-09 00:11:28
Document Modified: 2016-04-09 00:11:28
| 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 | 81 FR 21314 |
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