81_FR_53597 81 FR 53441 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015

81 FR 53441 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53441-53443
FR Document2016-19136

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. The period of review (POR) is July 1, 2014, through June 30, 2015. This review covers respondents Nan Ya Plastics Corporation (Nan Ya) and Shinkong Materials Technology Corporation (SMTC), producers and exporters of PET Film from Taiwan. The Department preliminarily determines that sales of subject merchandise have not been made below normal value (NV) by Nan Ya, and that SMTC had no shipments during the POR. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53441-53443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19136]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period 
of review (POR) is July 1, 2014, through June 30, 2015. This review 
covers respondents Nan Ya Plastics Corporation (Nan Ya) and Shinkong 
Materials Technology Corporation (SMTC), producers and exporters of PET 
Film from Taiwan. The Department preliminarily determines that sales of 
subject merchandise have not been made below normal value (NV) by Nan 
Ya, and that SMTC had no shipments during the POR. Interested parties 
are invited to comment on these preliminary results.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255; AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is PET Film. The PET Film 
subject to the order is currently classifiable under subheading 
3920.62.00.90 of the Harmonized Tariff Schedule of the United 
States.\1\ The Preliminary Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty

[[Page 53442]]

Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit in room B8024 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ A full description of the scope of the order is contained in 
the memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments: Polyethylene Terephthalate Film, Sheet, and Strip 
from Taiwan; 2014-2015'' (Preliminary Decision Memorandum), which is 
hereby adopted by this notice.
---------------------------------------------------------------------------

Methodology

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

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by SMTC,\2\ we preliminarily 
determine that SMTC had no shipments of the subject merchandise, and, 
therefore, no reviewable transactions, during the POR.
---------------------------------------------------------------------------

    \2\ In the Preliminary Results for the 2008-2009 antidumping 
duty administrative review, we determined that for the purposes of 
calculating an antidumping margin, SMTC, and its parent company 
Shinkong Synthetic Fibers Corporation (SSFC), should be treated as a 
single entity. See Polyethylene Terephthalate Film, Sheet and Strip 
from Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review, 75 FR 49902 (August 16, 2010), (unchanged in the Final 
Results for the 2008-2009 antidumping duty administrative review 
(Polyethylene Terephthalate Film, Sheet and Strip from Taiwan: Final 
Results of Antidumping Duty Administrative Review, 76 FR 9745 
(February 22, 2011))).
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period July 1, 2014, 
through June 30, 2015.

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

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\3\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice.\4\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\5\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\6\ Case and rebuttal briefs should be filed using 
ACCESS.\7\ In order to be properly filed, ACCESS must successfully 
receive an electronically-filed document in its entirety by 5 p.m. 
Eastern Time.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(c)(ii).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 30 days after the 
date of publication of this notice.\8\ Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

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

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). If Nan Ya's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, we will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1). We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where the respondent's weighted-average dumping margin is 
zero or de minimis, or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review and for 
future deposits of estimated duties, where applicable.
    Consistent with the Department's ``automatic assessment'' 
regulation for entries this clarification will apply to entries of 
subject merchandise during the POR produced by Nan Ya for which it did 
not know that its merchandise was destined for the United States.\9\ 
Furthermore, this clarification applies to all POR entries entered 
under the case number for SMTC if we continue to make a final 
determination of no shipments of subject merchandise because it 
certified that it made no POR shipments of subject merchandise for 
which it had knowledge of the U.S. destination. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate of 2.40 percent \10\ if there is no rate for the intermediary 
company(ies) involved in the transaction.\11\
---------------------------------------------------------------------------

    \9\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice). See also Brass Sheet and Strip From 
Germany: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2013-2014, 80 FR 61369 (October 
13, 2015).
    \10\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan, 67 FR 44174. (July 1, 2002), as amended in 67 FR 46566 (July 
15, 2002) (PET Film from Taiwan Amended Final Determination).
    \11\ For a full discussion of this clarification, see Assessment 
Policy Notice.
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this

[[Page 53443]]

review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters is 2.40 percent.\12\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \12\ See PET Film from Taiwan Amended Final Determination.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

    Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Finding of No Shipments for SMTC
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation

[FR Doc. 2016-19136 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                    53441

                                                     • 1.50 percent of aluminum, or                          • Tool steels; 9 and                                 DEPARTMENT OF COMMERCE
                                                     • 1.25 percent of chromium, or                          • Silico-manganese steels; 10
                                                     • 0.30 percent of cobalt, or                            The products subject to this investigation           International Trade Administration
                                                     • 0.40 percent of lead, or                           are currently classified in the Harmonized
                                                     • 2.00 percent of nickel, or                         Tariff Schedule of the United States
                                                                                                                                                                  [A–583–837]
                                                     • 0.30 percent of tungsten, or
                                                                                                          (‘‘HTSUS’’) under item numbers:
                                                     • 0.80 percent of molybdenum, or                                                                             Polyethylene Terephthalate Film,
                                                     • 0.10 percent of niobium, or                        7208.10.1500, 7208.10.3000, 7208.10.6000,               Sheet, and Strip From Taiwan:
                                                     • 0.30 percent of vanadium, or                       7208.25.3000, 7208.25.6000, 7208.26.0030,               Preliminary Results of Antidumping
                                                     • 0.30 percent of zirconium.                         7208.26.0060, 7208.27.0030, 7208.27.0060,               Duty Administrative Review and
                                                     Unless specifically excluded, products are           7208.36.0030, 7208.36.0060, 7208.37.0030,               Preliminary Determination of No
                                                  included in this scope regardless of levels of          7208.37.0060, 7208.38.0015, 7208.38.0030,               Shipments; 2014–2015
                                                  boron and titanium.                                     7208.38.0090, 7208.39.0015, 7208.39.0030,
                                                     For example, specifically included in this           7208.39.0090, 7208.40.6030, 7208.40.6060,               AGENCY:  Enforcement and Compliance,
                                                  scope are vacuum degassed, fully stabilized             7208.53.0000, 7208.54.0000, 7208.90.0000,               International Trade Administration,
                                                  (commonly referred to as interstitial-free (IF))        7210.70.3000, 7211.14.0030, 7211.14.0090,               U.S. Department of Commerce.
                                                  steels, high strength low alloy (HSLA) steels,                                                                  SUMMARY: The Department of Commerce
                                                                                                          7211.19.1500, 7211.19.2000, 7211.19.3000,
                                                  the substrate for motor lamination steels,                                                                      (the Department) is conducting an
                                                                                                          7211.19.4500, 7211.19.6000, 7211.19.7530,
                                                  Advanced High Strength Steels (AHSS), and
                                                  Ultra High Strength Steels (UHSS). IF steels            7211.19.7560, 7211.19.7590, 7225.11.0000,               administrative review of the
                                                  are recognized as low carbon steels with                7225.19.0000, 7225.30.3050, 7225.30.7000,               antidumping duty order on
                                                  micro-alloying levels of elements such as               7225.40.7000, 7225.99.0090, 7226.11.1000,               polyethylene terephthalate film, sheet,
                                                  titanium and/or niobium added to stabilize              7226.11.9030, 7226.11.9060, 7226.19.1000,               and strip (PET Film) from Taiwan. The
                                                  carbon and nitrogen elements. HSLA steels               7226.19.9000, 7226.91.5000, 7226.91.7000,               period of review (POR) is July 1, 2014,
                                                  are recognized as steels with micro-alloying            and 7226.91.8000. The products subject to               through June 30, 2015. This review
                                                  levels of elements such as chromium, copper,            the investigation may also enter under the              covers respondents Nan Ya Plastics
                                                  niobium, titanium, vanadium, and                        following HTSUS numbers: 7210.90.9000,                  Corporation (Nan Ya) and Shinkong
                                                  molybdenum. The substrate for motor                     7211.90.0000, 7212.40.1000, 7212.40.5000,               Materials Technology Corporation
                                                  lamination steels contains micro-alloying               7212.50.0000, 7214.91.0015, 7214.91.0060,
                                                  levels of elements such as silicon and
                                                                                                                                                                  (SMTC), producers and exporters of PET
                                                                                                          7214.91.0090, 7214.99.0060, 7214.99.0075,               Film from Taiwan. The Department
                                                  aluminum. AHSS and UHSS are considered
                                                  high tensile strength and high elongation               7214.99.0090, 7215.90.5000, 7226.99.0180,               preliminarily determines that sales of
                                                  steels, although AHSS and UHSS are covered              and 7228.60.6000.                                       subject merchandise have not been
                                                  whether or not they are high tensile strength              The HTSUS subheadings above are                      made below normal value (NV) by Nan
                                                  or high elongation steels.                              provided for convenience and U.S. Customs               Ya, and that SMTC had no shipments
                                                     Subject merchandise includes hot-rolled              purposes only. The written description of the           during the POR. Interested parties are
                                                  steel that has been further processed in a              scope of the investigation is dispositive.              invited to comment on these
                                                  third country, including but not limited to             [FR Doc. 2016–19377 Filed 8–11–16; 8:45 am]             preliminary results.
                                                  pickling, oiling, levelling, annealing,
                                                  tempering, temper rolling, skin passing,                BILLING CODE 3510–DS–P                                  DATES: Effective August 12, 2016.
                                                  painting, varnishing, trimming, cutting,                                                                        FOR FURTHER INFORMATION CONTACT:
                                                  punching, and/or slitting, or any other                                                                         Jacqueline Arrowsmith at (202) 482–
                                                  processing that would not otherwise remove                                                                      5255; AD/CVD Operations, Office VII,
                                                  the merchandise from the scope of the                                                                           Enforcement and Compliance,
                                                  investigations if performed in the country of                                                                   International Trade Administration,
                                                  manufacture of the hot-rolled steel.
                                                                                                                                                                  U.S. Department of Commerce, 14th
                                                     All products that meet the written physical
                                                  description, and in which the chemistry                                                                         Street and Constitution Avenue NW.,
                                                  quantities do not exceed any one of the noted                                                                   Washington, DC 20230.
                                                  element levels listed above, are within the             percent of sulfur; (iv) none, or not more than 0.03     SUPPLEMENTARY INFORMATION:
                                                  scope of these investigations unless                    percent of phosphorus; (v) not less than 0.18 nor
                                                  specifically excluded. The following                                                                            Scope of the Order
                                                                                                          more than 0.37 percent of silicon; (vi) not less than
                                                  products are outside of and/or specifically             1.25 nor more than 1.65 percent of chromium; (vii)         The merchandise subject to the order
                                                  excluded from the scope of this investigation:          none, or not more than 0.28 percent of nickel; (viii)   is PET Film. The PET Film subject to
                                                     • Universal mill plates (i.e., hot-rolled,           none, or not more than 0.38 percent of copper; and      the order is currently classifiable under
                                                  flat-rolled products not in coils that have             (ix) none, or not more than 0.09 percent of             subheading 3920.62.00.90 of the
                                                  been rolled on four faces or in a closed box            molybdenum.
                                                  pass, of a width exceeding 150 mm but not                  9 Tool steels are defined as steels which contain
                                                                                                                                                                  Harmonized Tariff Schedule of the
                                                  exceeding 1250 mm, of a thickness not less                                                                      United States.1 The Preliminary
                                                                                                          the following combinations of elements in the
                                                  than 4.0 mm, and without patterns in relief);           quantity by weight respectively indicated: (i) More
                                                                                                                                                                  Decision Memorandum is a public
                                                     • Products that have been cold-rolled                than 1.2 percent carbon and more than 10.5 percent      document and is on file electronically
                                                  (cold-reduced) after hot-rolling; 7                     chromium; or (ii) not less than 0.3 percent carbon      via Enforcement and Compliance’s
                                                     • Ball bearing steels; 8                             and 1.25 percent or more but less than 10.5 percent     Antidumping and Countervailing Duty
                                                                                                          chromium; or (iii) not less than 0.85 percent carbon
                                                     7 For purposes of this scope exclusion, rolling      and 1 percent to 1.8 percent, inclusive, manganese;       1 A full description of the scope of the order is
                                                  operations such as a skin pass, levelling, temper       or (iv) 0.9 percent to 1.2 percent, inclusive,          contained in the memorandum from Christian
                                                  rolling or other minor rolling operations after the     chromium and 0.9 percent to 1.4 percent, inclusive,     Marsh, Deputy Assistant Secretary for Antidumping
                                                  hot-rolling process for purposes of surface finish,     molybdenum; or (v) not less than 0.5 percent carbon     and Countervailing Duty Operations, to Ronald K.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  flatness, shape control, or gauge control do not        and not less than 3.5 percent molybdenum; or (vi)       Lorentzen, Acting Assistant Secretary for
                                                  constitute cold-rolling sufficient to meet this         not less than 0.5 percent carbon and not less than      Enforcement and Compliance, ‘‘Decision
                                                  exclusion.                                                                                                      Memorandum for Preliminary Results of
                                                     8 Ball bearing steels are defined as steels which
                                                                                                          5.5 percent tungsten.
                                                                                                             10 Silico-manganese steel is defined as steels
                                                                                                                                                                  Antidumping Duty Administrative Review and
                                                  contain, in addition to iron, each of the following                                                             Preliminary Determination of No Shipments:
                                                  elements by weight in the amount specified: (i) Not     containing by weight: (i) Not more than 0.7 percent     Polyethylene Terephthalate Film, Sheet, and Strip
                                                  less than 0.95 nor more than 1.13 percent of carbon;    of carbon; (ii) 0.5 percent or more but not more than   from Taiwan; 2014–2015’’ (Preliminary Decision
                                                  (ii) not less than 0.22 nor more than 0.48 percent      1.9 percent of manganese, and (iii) 0.6 percent or      Memorandum), which is hereby adopted by this
                                                  of manganese; (iii) none, or not more than 0.03         more but not more than 2.3 percent of silicon.          notice.



                                             VerDate Sep<11>2014   18:42 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM    12AUN1


                                                  53442                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  Centralized Electronic Service System                   preliminary results within five days of               appropriate entries covered by this
                                                  (ACCESS). ACCESS is available to                        the date of publication of this notice.3              review when the importer-specific
                                                  registered users at http://                             Pursuant to 19 CFR 351.309(c),                        assessment rate calculated in the final
                                                  access.trade.gov and is available to all                interested parties may submit case briefs             results of this review is above de
                                                  parties in the Central Records Unit in                  no later than 30 days after the date of               minimis. Where the respondent’s
                                                  room B8024 of the main Commerce                         publication of this notice.4 Rebuttal                 weighted-average dumping margin is
                                                  building. In addition, a complete                       briefs, limited to issues raised in the               zero or de minimis, or an importer-
                                                  version of the Decision Memorandum                      case briefs, may be filed not later than              specific assessment rate is zero or de
                                                  can be accessed directly on the Internet                five days after the date for filing case              minimis, we will instruct CBP to
                                                  at http://enforcement.trade.gov/frn/                    briefs.5 Parties who submit case briefs or            liquidate the appropriate entries
                                                  index.html. The signed and electronic                   rebuttal briefs in this proceeding are                without regard to antidumping duties.
                                                  versions of the Decision Memorandum                     encouraged to submit with each                        The final results of this review shall be
                                                  are identical in content.                               argument: (1) A statement of the issue;               the basis for the assessment of
                                                                                                          (2) a brief summary of the argument;                  antidumping duties on entries of
                                                  Methodology
                                                                                                          and (3) a table of authorities.6 Case and             merchandise covered by the final results
                                                    The Department is conducting this                     rebuttal briefs should be filed using                 of this review and for future deposits of
                                                  review in accordance with section                       ACCESS.7 In order to be properly filed,               estimated duties, where applicable.
                                                  751(a)(2) of the Tariff Act of 1930, as                 ACCESS must successfully receive an                      Consistent with the Department’s
                                                  amended (the Act). Export price is                      electronically-filed document in its                  ‘‘automatic assessment’’ regulation for
                                                  calculated in accordance with section                   entirety by 5 p.m. Eastern Time.                      entries this clarification will apply to
                                                  772 of the Act. NV is calculated in                        Pursuant to 19 CFR 351.310(c),                     entries of subject merchandise during
                                                  accordance with section 773 of the Act.                 interested parties who wish to request a              the POR produced by Nan Ya for which
                                                    For a full description of the                         hearing, or to participate if one is                  it did not know that its merchandise
                                                  methodology underlying our                              requested, must submit a written                      was destined for the United States.9
                                                  conclusions, see the Preliminary                        request to the Assistant Secretary for                Furthermore, this clarification applies to
                                                  Decision Memorandum.                                    Enforcement and Compliance, filed                     all POR entries entered under the case
                                                  Preliminary Determination of No                         electronically via ACCESS, within 30                  number for SMTC if we continue to
                                                  Shipments                                               days after the date of publication of this            make a final determination of no
                                                                                                          notice.8 Requests should contain: (1)                 shipments of subject merchandise
                                                    Based on our analysis of U.S. Customs                                                                       because it certified that it made no POR
                                                  and Border Protection (CBP)                             The party’s name, address, and
                                                                                                          telephone number; (2) the number of                   shipments of subject merchandise for
                                                  information and information provided                                                                          which it had knowledge of the U.S.
                                                  by SMTC,2 we preliminarily determine                    participants; and (3) a list of issues to be
                                                                                                          discussed. Issues raised in the hearing               destination. In such instances, we will
                                                  that SMTC had no shipments of the                                                                             instruct CBP to liquidate unreviewed
                                                  subject merchandise, and, therefore, no                 will be limited to those raised in the
                                                                                                          respective case briefs.                               entries at the all-others rate of 2.40
                                                  reviewable transactions, during the                                                                           percent 10 if there is no rate for the
                                                  POR.                                                       Unless extended, the Department
                                                                                                          intends to issue the final results of this            intermediary company(ies) involved in
                                                  Preliminary Results of Review                           administrative review, including the                  the transaction.11
                                                                                                          results of its analysis of the issues raised             We intend to issue instructions to
                                                    As a result of this review, we                                                                              CBP 15 days after the date of
                                                  preliminarily determine the following                   in any written briefs, not later than 120
                                                                                                          days after the date of publication of this            publication of the final results of this
                                                  weighted-average dumping margin for                                                                           review.
                                                  the period July 1, 2014, through June 30,               notice, pursuant to section 751(a)(3)(A)
                                                  2015.                                                   of the Act and 19 CFR 351.213(h).                     Cash Deposit Requirements
                                                                                                         Assessment Rates                                         The following deposit requirements
                                                                                         Weighted-                                                              will be effective for all shipments of
                                                                                          average          Upon completion of the
                                                       Manufacturer/exporter             dumping                                                                PET Film from Taiwan entered, or
                                                                                                         administrative review, the Department
                                                                                          margin                                                                withdrawn from warehouse, for
                                                                                         (percent)       shall determine, and CBP shall assess,
                                                                                                                                                                consumption on or after the date of
                                                                                                         antidumping duties on all appropriate
                                                                                                                                                                publication of the final results of this
                                                  Nan Ya Plastics Corporation                       0.00 entries in accordance with 19 CFR
                                                                                                                                                                administrative review, as provided for
                                                                                                         351.212(b)(1). If Nan Ya’s weighted-                   by section 751(a)(2)(C) of the Act: (1)
                                                  Disclosure and Public Comment                          average dumping margin is not zero or                  The cash deposit rate for the company
                                                     The Department intends to disclose to de minimis (i.e., less than 0.5 percent)                             under review will be the rate
                                                  interested parties the calculations                    in the final results of this review, we                established in the final results of this
                                                  performed in connection with these                     will calculate importer-specific
                                                                                                         assessment rates on the basis of the ratio                9 See Antidumping and Countervailing Duty

                                                    2 In the Preliminary Results for the 2008–2009       of the total amount of dumping                         Proceedings: Assessment of Antidumping Duties,68
                                                  antidumping duty administrative review, we             calculated for the importer’s examined                 FR 23954 (May 6, 2003) (Assessment Policy Notice).
                                                  determined that for the purposes of calculating an     sales and the total entered value of the               See also Brass Sheet and Strip From Germany:
                                                  antidumping margin, SMTC, and its parent                                                                      Final Results of Antidumping Duty Administrative
                                                                                                         sales in accordance with 19 CFR                        Review and Final Determination of No Shipments;
                                                  company Shinkong Synthetic Fibers Corporation
                                                  (SSFC), should be treated as a single entity. See      351.212(b)(1). We will instruct CBP to                 2013–2014, 80 FR 61369 (October 13, 2015).
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                                                  Polyethylene Terephthalate Film, Sheet and Strip       assess antidumping duties on all                          10 See Notice of Amended Final Antidumping

                                                  from Taiwan: Preliminary Results of Antidumping                                                               Duty Determination of Sales at Less Than Fair
                                                  Duty Administrative Review, 75 FR 49902 (August           3 See                                               Value and Antidumping Duty Order: Polyethylene
                                                                                                                  19 CFR 351.224(b).
                                                  16, 2010), (unchanged in the Final Results for the        4 See
                                                                                                                                                                Terephthalate Film, Sheet, and Strip (PET Film)
                                                                                                                  19 CFR 351.309(c)(ii).                        from Taiwan, 67 FR 44174. (July 1, 2002), as
                                                  2008–2009 antidumping duty administrative review          5 See 19 CFR 351.309(d).
                                                  (Polyethylene Terephthalate Film, Sheet and Strip                                                             amended in 67 FR 46566 (July 15, 2002) (PET Film
                                                                                                            6 See 19 CFR 351.309(c)(2) and (d)(2).
                                                  from Taiwan: Final Results of Antidumping Duty                                                                from Taiwan Amended Final Determination).
                                                                                                            7 See 19 CFR 351.303.                                  11 For a full discussion of this clarification, see
                                                  Administrative Review, 76 FR 9745 (February 22,
                                                  2011))).                                                  8 See 19 CFR 351.310(c).                            Assessment Policy Notice.



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                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                           53443

                                                  review (except, if the rate is zero or de               DEPARTMENT OF COMMERCE                                The Authorization must also set forth
                                                  minimis, no cash deposit will be                                                                              the permissible methods of taking; other
                                                  required); (2) for previously reviewed or               National Oceanic and Atmospheric                      means of effecting the least practicable
                                                  investigated companies not listed above,                Administration                                        adverse impact on the species or stock
                                                  the cash deposit rate will continue to be               RIN 0648–XE451                                        and its habitat (i.e., mitigation); and
                                                  the company-specific rate published for                                                                       requirements pertaining to the
                                                  the most recent period; (3) if the                      Takes of Marine Mammals Incidental to                 monitoring and reporting of such taking.
                                                  exporter is not a firm covered in this                  Specified Activities; Marine                          NMFS has defined ‘‘negligible impact’’
                                                  review, a prior review, or the less-than-               Geophysical Survey in the Southeast                   in 50 CFR 216.103 as ‘‘an impact
                                                                                                          Pacific Ocean, 2016–2017                              resulting from the specified activity that
                                                  fair-value investigation, but the
                                                                                                                                                                cannot be reasonably expected to, and is
                                                  manufacturer is, the cash deposit rate                  AGENCY:  National Marine Fisheries                    not reasonably likely to, adversely affect
                                                  will be the rate established for the most               Service (NMFS), National Oceanic and                  the species or stock through effects on
                                                  recent period for the manufacturer of                   Atmospheric Administration (NOAA),                    annual rates of recruitment or survival.’’
                                                  the merchandise; and (4) the cash                       Department of Commerce.                                 Except with respect to certain
                                                  deposit rate for all other manufacturers                ACTION: Notice; issuance of an incidental             activities not pertinent here, the MMPA
                                                  or exporters is 2.40 percent.12 These                   harassment authorization.                             defines ‘‘harassment’’ as: Any act of
                                                  cash deposit requirements, when                                                                               pursuit, torment, or annoyance which (i)
                                                  imposed, shall remain in effect until                   SUMMARY:  In accordance with the                      has the potential to injure a marine
                                                  further notice.                                         regulations implementing the Marine                   mammal or marine mammal stock in the
                                                                                                          Mammal Protection Act (MMPA) as                       wild [Level A harassment]; or (ii) has
                                                  Notification to Interested Parties                      amended, notification is hereby given                 the potential to disturb a marine
                                                    This notice also serves as a                          that NMFS has issued an incidental                    mammal or marine mammal stock in the
                                                                                                          harassment authorization (IHA) to                     wild by causing disruption of behavioral
                                                  preliminary reminder to importers of
                                                                                                          Lamont-Doherty Earth Observatory                      patterns, including, but not limited to,
                                                  their responsibility under 19 CFR
                                                                                                          (Lamont-Doherty) in collaboration with                migration, breathing, nursing, breeding,
                                                  351.402(f)(2) to file a certificate
                                                                                                          the National Science Foundation (NSF),                feeding, or sheltering [Level B
                                                  regarding the reimbursement of                          to incidentally take, by level B                      harassment].
                                                  antidumping duties prior to liquidation                 harassment, 44 species of marine
                                                  of the relevant entries during this                                                                           Summary of Request
                                                                                                          mammals, and to incidentally take, by
                                                  review period. Failure to comply with                   Level A harassment, 26 species of                        On January 19, 2016, NMFS received
                                                  this requirement could result in the                    marine mammals, during three marine                   an application from Lamont-Doherty
                                                  Secretary’s presumption that                            geophysical (seismic) surveys in the                  requesting that NMFS issue an
                                                  reimbursement of antidumping duties                     southeast Pacific Ocean.                              Authorization for the take of marine
                                                  occurred and the subsequent assessment                  DATES: This Authorization is effective                mammals, incidental to Oregon State
                                                  of double antidumping duties.                           from August 1, 2016, through July 31,                 University (OSU) and University of
                                                    We are issuing and publishing these                   2017.                                                 Texas (UT) conducting seismic surveys
                                                                                                                                                                in the southeast Pacific Ocean, in the
                                                  results in accordance with sections                     FOR FURTHER INFORMATION CONTACT:                      latter half of 2016 and/or the first half
                                                  751(a)(1) and 777(i)(1) of the Act and 19               Jordan Carduner, NMFS, Office of                      of 2017. NMFS considered the
                                                  CFR 351.213(h)(1).                                      Protected Resources, NMFS (301) 427–                  application and supporting materials
                                                    Dated: August 5, 2016.                                8401.                                                 adequate and complete on March 21,
                                                  Ronald K. Lorentzen,                                    SUPPLEMENTARY INFORMATION:                            2016.
                                                  Acting Assistant Secretary for Enforcement
                                                                                                                                                                   Lamont-Doherty plans to conduct
                                                                                                          Background                                            three two-dimensional (2-D) surveys on
                                                  and Compliance.
                                                                                                             Section 101(a)(5)(D) of the Marine                 the R/V Marcus G. Langseth (Langseth),
                                                  Appendix—List of Topics Discussed in                    Mammal Protection Act of 1972, as                     a vessel owned by NSF and operated on
                                                  the Preliminary Decision Memorandum                     amended (MMPA; 16 U.S.C. 1361 et                      its behalf by Columbia University’s
                                                                                                          seq.) directs the Secretary of Commerce               Lamont-Doherty Earth Observatory
                                                  1. Summary
                                                                                                          to allow, upon request, the incidental,               primarily in international waters of the
                                                  2. Background
                                                                                                          but not intentional, taking of small                  southeast Pacific Ocean, with a small
                                                  3. Scope of the Order
                                                  4. Preliminary Finding of No Shipments for
                                                                                                          numbers of marine mammals of a                        portion of the surveys occurring within
                                                       SMTC
                                                                                                          species or population stock, by U.S.                  the territorial waters of Chile, which
                                                  5. Comparisons to Normal Value
                                                                                                          citizens who engage in a specified                    extend to nautical 12 miles (mi) (19.3
                                                  6. Product Comparisons                                  activity (other than commercial fishing)              kilometers (km)) from the coast. NMFS
                                                  7. Date of Sale                                         within a specified geographical region                cannot authorize the incidental take of
                                                  8. Export Price                                         if, after NMFS provides a notice of a                 marine mammals in the territorial seas
                                                  9. Normal Value                                         proposed authorization to the public for              of foreign nations, as the MMPA does
                                                  10. Currency Conversion                                 review and comment: (1) NMFS makes                    not apply in those waters. However, as
                                                  11. Recommendation                                      certain findings; and (2) the taking is               part of the analysis supporting our
                                                                                                          limited to harassment.                                determination under the MMPA that the
                                                  [FR Doc. 2016–19136 Filed 8–11–16; 8:45 am]
                                                                                                             An Authorization shall be granted for              activity would have a negligible impact
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                                                  BILLING CODE 3510–DS–P
                                                                                                          the incidental taking of small numbers                on the affected species, we must
                                                                                                          of marine mammals if NMFS finds that                  consider the level of incidental take as
                                                                                                          the taking will have a negligible impact              a result of the activity in the entire
                                                                                                          on the species or stock(s), and will not              activity area (including both territorial
                                                                                                          have an unmitigable adverse impact on                 seas and high seas).
                                                    12 See PET Film from Taiwan Amended Final             the availability of the species or stock(s)              Increased underwater sound
                                                  Determination.                                          for subsistence uses (where relevant).                generated during the operation of the


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Document Created: 2018-02-09 11:33:20
Document Modified: 2018-02-09 11:33:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective August 12, 2016.
ContactJacqueline Arrowsmith at (202) 482- 5255; AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 53441 

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