81 FR 89061 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 237 (December 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 237 (December 9, 2016)
| Page Range | 89061-89062 | |
| FR Document | 2016-29541 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Notices] [Pages 89061-89062] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29541] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-803] Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, 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 the United Arab Emirates (UAE). The period of review (POR) is November 1, 2014, through October 31, 2015. The review covers one producer/exporter of the subject merchandise, JBF RAK LLC (JBF). The Department preliminarily determines that sales of subject merchandise have been made below normal value by JBF. Interested parties are invited to comment on these preliminary results. DATES: Effective December 9, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4261. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is polyethylene terephthalate film. The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheading: 3920.62.00.90. Although the HTSUS number is provided for convenience and for customs purposes, the written product description, available in the Preliminary Decision Memorandum, remains dispositive.\1\ --------------------------------------------------------------------------- \1\ See the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value 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, which is hereby adopted by this notice.\2\ A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit in Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ Id. --------------------------------------------------------------------------- [[Page 89062]] Preliminary Results of Review As a result of our review, we preliminarily determine the following weighted-average dumping margin for the period November 1, 2014, through October 31, 2015: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ JBF RAK LLC.......................................... 7.93 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may not be filed later than five days after the time limit for filing case briefs.\3\ Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.\4\ Executive summaries should be limited to five pages total, including footnotes.\5\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.309(d)(1). \4\ See 19 CFR 351.309(c)(2), (d)(2). \5\ Id. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, the Department will notify interested parties of the hearing schedule. 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. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.\6\ --------------------------------------------------------------------------- \6\ See section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- Assessment Rates Upon issuing the final results of the review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. For any individually examined respondents whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).\7\ 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 either 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. --------------------------------------------------------------------------- \7\ In these preliminary results, the Department applied the assessment rate calculation methodology 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). --------------------------------------------------------------------------- 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. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of PET Film from the UAE 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 companies under review will be the rate established in the final results of this 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 will continue to be 4.05 percent, the all-others rate established in the investigation.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, the People's Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595, 66597 (November 10, 2008). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 5, 2016. Paul Piquado, 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. Date of Sale 5. Discussion of Methodology 6. Product Comparisons 7. Export Price 8. Normal Value 9. Currency Conversions 10. Conclusion [FR Doc. 2016-29541 Filed 12-8-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89061
publication of the final results of these Dated: December 6, 2016. FOR FURTHER INFORMATION CONTACT:
reviews. Paul Piquado, Andrew Huston, AD/CVD Operations,
Assistant Secretary for Enforcement and Office VII, Enforcement and
Cash Deposit Requirements Compliance. Compliance, International Trade
The following cash deposit Administration, U.S. Department of
Appendix I—List of Topics Discussed in
requirements will be effective upon Commerce, 1401 Constitution Avenue
the Preliminary Decision Memorandum
publication of the notice of final results NW., Washington, DC 20230; telephone:
I. Summary (202) 482–4261.
of this administrative review for all II. Background
shipments of CWP from Korea entered, III. Scope of the Order SUPPLEMENTARY INFORMATION:
or withdrawn from warehouse, for IV. Preliminary Determination of No Scope of the Order
consumption on or after the date of Shipments
publication as provided by section V. Rates for Respondents Not Selected for The merchandise subject to the order
751(a)(2) of the Act: (1) The cash deposit Invididual Examination is polyethylene terephthalate film. The
VI. Discussion of The Methodology product is currently classified under the
rates for Husteel, AJU Besteel, A. Determination of Comparison Method
NEXTEEL, and SeAH Steel Corporation B. Results of the Differential Pricing
following Harmonized Tariff Schedule
will be equal to the weighted-average Analysis of the United States (HTSUS)
dumping margins established in the VII. Date of Sale subheading: 3920.62.00.90. Although
final results of this administrative VIII. Product Comparisons the HTSUS number is provided for
review; (2) for merchandise exported by IX. Constructed Export Price convenience and for customs purposes,
X. Normal Value the written product description,
producers or exporters not covered in
A. Comparison Market Viability available in the Preliminary Decision
this review but covered in a prior B. Affiliated Party Transactions and Arm’s
completed segment of the proceeding, Memorandum, remains dispositive.1
Length Test
the cash deposit rate will continue to be C. Level of Trade/CEP Offset Methodology
the company-specific rate published for D. Cost of Production Analysis
the most recent period; (3) if the 1. Calculation of Cost of Production The Department is conducting this
exporter is not a firm covered in this 2. Test of Comparison Market Sales Prices review in accordance with section
3. Results of the COP Test 751(a) of the Tariff Act of 1930, as
review, a prior review, or the original E. Calculation of Normal Value Based on amended (the Act). Export price is
investigation but the producer has been Comparison Market Prices calculated in accordance with section
covered in a prior complete segment of XI. Currency Conversion 772 of the Act. Normal value is
this proceeding, the cash deposit rate XII. Recommendation
calculated in accordance with section
will be the rate established for the most [FR Doc. 2016–29543 Filed 12–8–16; 8:45 am] 773 of the Act.
recent period for the producer of the BILLING CODE 3510–DS–P
For a full description of the
merchandise; (4) the cash deposit rate
methodology underlying our
for all other producers or exporters will
DEPARTMENT OF COMMERCE conclusions, see the Preliminary
continue to be 4.80 percent, the ‘‘all Decision Memorandum, which is hereby
others’’ rate established in the order.10 adopted by this notice.2 A list of topics
These cash deposit requirements, when International Trade Administration
included in the Preliminary Decision
imposed, shall remain in effect until Memorandum is included as an
further notice. [A–520–803]
Appendix to this notice. The
Notification to Importers Polyethylene Terephthalate Film, Preliminary Decision Memorandum is
Sheet, and Strip From the United Arab on file electronically via Enforcement
This notice serves as a preliminary Emirates: Preliminary Results of and Compliance’s Antidumping and
reminder to importers of their Antidumping Duty Administrative Countervailing Duty Centralized
responsibility under 19 CFR Review; 2014–2015 Electronic Service System (ACCESS).
351.402(f)(2) to file a certificate ACCESS is available to registered users
regarding the reimbursement of AGENCY: Enforcement and Compliance, at http://access.trade.gov and in the
antidumping duties prior to liquidation International Trade Administration, Central Records Unit in Room B8024 of
of the relevant entries during this Department of Commerce. the main Commerce building. In
review period. Failure to comply with SUMMARY: The Department of Commerce addition, a complete version of the
this requirement could result in the (the Department) is conducting an Preliminary Decision Memorandum can
Secretary’s presumption that administrative review of the be accessed directly on the Internet at
reimbursement of antidumping duties antidumping duty order on http://enforcement.trade.gov/frn/. The
occurred and the subsequent assessment polyethylene terephthalate film, sheet, signed Preliminary Decision
and strip (PET Film) from the United Memorandum and electronic versions of
of double antidumping duties.
Arab Emirates (UAE). The period of the Preliminary Decision Memorandum
The Department is issuing and review (POR) is November 1, 2014, are identical in content.
publishing these preliminary results in through October 31, 2015. The review
accordance with sections 751(a)(1) and covers one producer/exporter of the 1 See the Memorandum from Christian Marsh,
777(i)(1) of the Act. subject merchandise, JBF RAK LLC Deputy Assistant Secretary for Antidumping and
mstockstill on DSK3G9T082PROD with NOTICES
(JBF). The Department preliminarily Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
10 See Notice of Antidumping Duty Orders: determines that sales of subject Compliance, ‘‘Decision Memorandum for the
Certain Circular Welded Non-Alloy Steel Pipe from merchandise have been made below Preliminary Results of Antidumping Duty
Brazil, the Republic of Korea (Korea), Mexico, and normal value by JBF. Interested parties Administrative Review: Polyethylene Terephthalate
Venezuela, and Amendment to Final Determination Film, Sheet, and Strip from the United Arab
are invited to comment on these
of Sales at Less Than Fair Value: Certain Circular Emirates’’ (Preliminary Decision Memorandum),
Welded Non-Alloy Steel Pipe from Korea, 57 FR preliminary results. dated concurrently with this notice.
49453 (November 2, 1992). DATES: Effective December 9, 2016. 2 Id.
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![89062 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Preliminary Results of Review Assessment Rates will be the rate established for the most
As a result of our review, we Upon issuing the final results of the recent period for the manufacturer of
preliminarily determine the following review, the Department shall determine, the merchandise; and (4) the cash
weighted-average dumping margin for and U.S. Customs and Border Protection deposit rate for all other manufacturers
the period November 1, 2014, through (CBP) shall assess, antidumping duties or exporters will continue to be 4.05
October 31, 2015: on all appropriate entries. The percent, the all-others rate established
Department intends to issue assessment in the investigation.8 These cash deposit
Weighted- instructions to CBP 15 days after the requirements, when imposed, shall
Manufacturer/exporter average margin date of publication of the final results of remain in effect until further notice.
(percent)
review. Notification to Importers
JBF RAK LLC ................... 7.93 For any individually examined
respondents whose weighted-average This notice also serves as a
dumping margin is above de minimis, preliminary reminder to importers of
Disclosure and Public Comment their responsibility under 19 CFR
we will calculate importer-specific ad
The Department intends to disclose valorem duty assessment rates based on 351.402(f) to file a certificate regarding
the calculations used in our analysis to the ratio of the total amount of dumping the reimbursement of antidumping
parties in this review within five days calculated for the importer’s examined duties prior to liquidation of the
of the date of publication of this notice sales to the total entered value of those relevant entries during this review
in accordance with 19 CFR 351.224(b). same sales in accordance with 19 CFR period. Failure to comply with this
Interested parties are invited to 351.212(b)(1).7 We will instruct CBP to requirement could result in the
comment on the preliminary results of assess antidumping duties on all Department’s presumption that
this review. Pursuant to 19 CFR appropriate entries covered by this reimbursement of antidumping duties
351.309(c)(1)(ii), interested parties may review when the importer-specific occurred and the subsequent assessment
submit case briefs not later than 30 days assessment rate calculated in the final of double antidumping duties.
after the date of publication of this These preliminary results of
results of this review is above de
notice. Rebuttal briefs, limited to issues administrative review are issued and
minimis. Where either the respondent’s
raised in the case briefs, may not be published in accordance with sections
weighted-average dumping margin is
filed later than five days after the time 751(a)(1) and 777(i)(1) of the Act.
zero or de minimis, or an importer-
limit for filing case briefs.3 Parties who specific assessment rate is zero or de Dated: December 5, 2016.
submit case briefs or rebuttal briefs in minimis, we will instruct CBP to Paul Piquado,
this review are requested to submit with liquidate the appropriate entries Assistant Secretary for Enforcement and
each brief: (1) A statement of the issue, without regard to antidumping duties. Compliance.
(2) a brief summary of the argument, The final results of this review shall
and (3) a table of authorities.4 Executive Appendix—List of Topics Discussed in
be the basis for the assessment of the Preliminary Decision Memorandum
summaries should be limited to five antidumping duties on entries of
pages total, including footnotes.5 merchandise covered by the final results 1. Summary
Pursuant to 19 CFR 351.310(c), any of this review and for future deposits of 2. Background
interested party may request a hearing estimated duties, where applicable. 3. Scope of the Order
within 30 days of the publication of this 4. Date of Sale
notice in the Federal Register. If a Cash Deposit Requirements 5. Discussion of Methodology
6. Product Comparisons
hearing is requested, the Department The following deposit requirements 7. Export Price
will notify interested parties of the will be effective for all shipments of 8. Normal Value
hearing schedule. Interested parties who PET Film from the UAE entered, or 9. Currency Conversions
wish to request a hearing, or to withdrawn from warehouse, for 10. Conclusion
participate if one is requested, must consumption on or after the date of [FR Doc. 2016–29541 Filed 12–8–16; 8:45 am]
submit a written request to the Assistant publication of the final results of this BILLING CODE 3510–DS–P
Secretary for Enforcement and administrative review, as provided for
Compliance, filed electronically via by section 751(a)(2)(C) of the Act: (1)
ACCESS within 30 days after the date of The cash deposit rate for the companies DEPARTMENT OF COMMERCE
publication of this notice. Requests under review will be the rate
should contain: (1) The party’s name, established in the final results of this International Trade Administration
address, and telephone number; (2) the review (except, if the rate is zero or de [A–570–992]
number of participants; and (3) a list of minimis, no cash deposit will be
the issues to be discussed. Issues raised required); (2) for previously reviewed or Monosodium Glutamate From the
in the hearing will be limited to those investigated companies not listed above, People’s Republic of China: Final
raised in the respective case briefs. the cash deposit rate will continue to be Results of Antidumping Duty
We intend to issue the final results of the company-specific rate published for Administrative Review; 2014–2015
this administrative review, including the most recent period; (3) if the
the results of our analysis of issues exporter is not a firm covered in this AGENCY: Enforcement and Compliance,
raised by the parties in the written review, a prior review, or the less-than- International Trade Administration,
comments, within 120 days of fair-value investigation, but the Department of Commerce.
SUMMARY: On August 5, 2016, the
mstockstill on DSK3G9T082PROD with NOTICES
publication of these preliminary results manufacturer is, the cash deposit rate
in the Federal Register, unless Department of Commerce (the
otherwise extended.6 7 In these preliminary results, the Department
applied the assessment rate calculation 8 See Polyethylene Terephthalate Film, Sheet, and
3 See
methodology adopted in Antidumping Proceedings: Strip from Brazil, the People’s Republic of China
19 CFR 351.309(d)(1). Calculation of the Weighted-Average Dumping and the United Arab Emirates: Antidumping Duty
4 See 19 CFR 351.309(c)(2), (d)(2).
Margin and Assessment Rate in Certain Orders and Amended Final Determination of Sales
5 Id.
Antidumping Proceedings: Final Modification, 77 at Less Than Fair Value for the United Arab
6 See section 751(a)(3)(A) of the Act. FR 8101 (February 14, 2012). Emirates, 73 FR 66595, 66597 (November 10, 2008).
VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1](https://thefederalregister.org/doc/81_FR_89298/page/2.svg)
Document Created: 2018-02-14 09:04:07
Document Modified: 2018-02-14 09:04:07
| 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 | |
| Dates | Effective December 9, 2016. | |
| Contact | Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4261. | |
| FR Citation | 81 FR 89061 |
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