82 FR 17631 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 69 (April 12, 2017)
International Trade Administration
Federal Register Volume 82, Issue 69 (April 12, 2017)
| Page Range | 17631-17633 | |
| FR Document | 2017-07364 |
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)] [Notices] [Pages 17631-17633] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07364] ----------------------------------------------------------------------- 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; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On December 9, 2016, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from the United Arab Emirates (UAE). This review [[Page 17632]] 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 entitled ``Final Results of Review.'' DATES: Effective April 12, 2017. 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: Background On December 9, 2016, the Department published the Preliminary Results.\1\ On January 9, 2017, the Department received a timely-filed case brief from JBF.\2\ No other party filed a case or rebuttal brief. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 89061 (December 9, 2016) (Preliminary Results). \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 9, 2017. --------------------------------------------------------------------------- Period of Review The period of review is November 1, 2014, through October 31, 2015. 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 in the sole case brief filed in this review are addressed in the Issues and Decision Memorandum.\3\ A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. The Issues and 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 Issues and Decision Memorandum is also accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for AD/CVD 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,'' (Issues and Decision Memorandum), dated concurrently with and herby adopted by this notice. --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on our analysis of the comments received, we made changes to our margin calculations for JBF. A complete discussion of these changes can be found in the Issues and Decision Memorandum. Final Results of the Administrative Review As a result of this review, we determine that the following weighted-average dumping margin exists for the period of November 1, 2014, through October 31, 2015: ------------------------------------------------------------------------ Weighted-average dumping margin Producer or Exporter (percent ad valorem) ------------------------------------------------------------------------ JBF RAK LLC......................................... 7.91 ------------------------------------------------------------------------ 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.\4\ The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \4\ 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.\5\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. --------------------------------------------------------------------------- \5\ 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 JBF, the cash deposit rate will be equal to the weighted-average dumping margin listed above in the section ``Final Results of the Administrative 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.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ 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, 66596 (November 10, 2008). --------------------------------------------------------------------------- Disclosure We will disclose to interested parties the calculations performed in connection with these final results within five days of the publication of [[Page 17633]] this notice, consistent with 19 CFR 351.224(b). 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. Administrative Protective Order 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 violation subject to sanction. 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 6, 2017. Ronald K. 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: Home Market Invoice Dates Comment 2: Home Market Commissions IV. Recommendation [FR Doc. 2017-07364 Filed 4-11-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17631
DEPARTMENT OF COMMERCE test in this case, for further explanation Weighted-average
and consideration.3 Further, the court Exporter or producer dumping margins
International Trade Administration remanded for further explanation and (percentage)
consideration the Department’s
[A–533–857] GVN Fuels Limited ... 1.07 (de minimis).
determinations that: (1) Jindal SAW was Jindal SAW, Limited 11.24.
Certain Oil Country Tubular Goods unaffiliated with certain suppliers of
From India: Notice of Court Decision inputs; (2) Jindal SAW’s yield loss data With respect to GVN, because we
Not in Harmony With Final reasonably reflected its costs of have calculated a de minimis weighted-
Determination of Sales at Less Than production; and (3) the highest COP in average dumping margin, in the event
Fair Value and Final Negative GVN’s cost database should be assigned the court’s ruling is not appealed or, if
Determination of Critical to its dual-grade products.4 On August appealed, upheld by a final and
Circumstances and Notice of Amended 31, 2016, the Department issued its final conclusive court decision, the
Final Determination results of redetermination pursuant to Department will amend the order to
remand in accordance with the CIT’s exclude GVN’s entries from further
AGENCY: Enforcement and Compliance, order.5 On remand, the Department suspension of liquidation and will order
International Trade Administration, revised the weighted-average dumping all entries currently suspended to be
Department of Commerce. margins for both GVN and Jindal SAW. liquidated without regard to dumping
SUMMARY: On March 16, 2017, the On March 16, 2017, the CIT sustained duties.
United States Court of International the Department’s Final
Trade (CIT) entered final judgment Redetermination.6 Amended Cash Deposit Rates
sustaining the final results of remand Neither GVN nor Jindal SAW have a
redetermination pursuant to court order Timken Notice
superseding cash deposit rate (e.g., from
by the Department of Commerce In its decision in Timken,7 as clarified an administrative review) and,
(Department) pertaining to the less-than- by Diamond Sawblades,8 the Court of therefore, the Department will issue
fair-value (LTFV) investigation of Appeals for the Federal Circuit held revised cash deposit instructions to U.S.
certain oil country tubular goods that, pursuant to section 516A(c) of the Customs and Border Protection. For
(OCTG) from India. The Department is Tariff Act of 1930, as amended (the Act), Jindal SAW, the revised cash deposit
notifying the public that the final the Department must publish a notice of rate will be the rate indicated above,
judgment in this case is not in harmony court decision that is not ‘‘in harmony’’ effective March 26, 2017. For GVN,
with the Department’s final with a Department determination and because the revised weighted-average
determination in the LTFV investigation must suspend liquidation of entries dumping margin is de minimis, the
of OCTG from India. pending a ‘‘conclusive’’ court decision. revised cash deposit rate will be zero,
DATES: Effective Date: March 26, 2017. The CIT’s March 16, 2017, judgment effective March 26, 2017.
FOR FURTHER INFORMATION CONTACT: constitutes a final decision of that court
Notification to Interested Parties
Andrew Huston, AD/CVD Operations, that is not in harmony with the
Office VII, Enforcement and Department’s Final Determination. This This notice is issued and published in
Compliance, International Trade notice is published in fulfillment of the accordance with sections 516A(e)(1),
Administration, U.S. Department of publication requirements of Timken. 751(a)(1) and 777(i)(1) of the Act.
Commerce, 1401 Constitution Avenue Accordingly, the Department will Dated: April 6, 2017.
NW., Washington, DC 20230; telephone: continue suspension of liquidation of Ronald K. Lorentzen,
(202) 482–4261. subject merchandise pending expiration Acting Assistant Secretary for Enforcement
SUPPLEMENTARY INFORMATION: of the period of appeal or, if appealed, and Compliance.
pending a final and conclusive court [FR Doc. 2017–07362 Filed 4–11–17; 8:45 am]
Background decision. BILLING CODE 3510–DS–P
On July 18, 2014, the Department Amended Final Determination
published its final determination of
sales at LTFV and final negative Because there is now a final court DEPARTMENT OF COMMERCE
determination of critical circumstances decision, the Department is amending
in this proceeding.1 The Department the Final Determination with respect to International Trade Administration
reached affirmative determinations for GVN and Jindal SAW. The revised [A–520–803]
mandatory respondents GVN Fuels weighted-average dumping margins for
Limited (GVN) and Jindal SAW, Limited GVN and Jindal SAW for the period July Polyethylene Terephthalate Film,
(Jindal SAW). U.S. Steel appealed the 1, 2012, through June 30, 2013, are as Sheet, and Strip From the United Arab
Final Determination to the CIT, and on follows: Emirates: Final Results of
May 5, 2016, the CIT sustained, in part, Antidumping Duty Administrative
and remanded, in part, the Final 3 See US Steel, 179 F. Supp. 3d at 1120. Review; 2014–2015
Determination.2 The court remanded the 4 Id.
Final Determination to the Department 5 See Final Results of Redetermination Pursuant AGENCY: Enforcement and Compliance,
with respect to its differential pricing to Remand, United States Steel Corporation et al. International Trade Administration,
analysis, specifically the Department’s
and Maverick Tube Corporation et al. v. United Commerce.
States, Consolidated Court No. 14–00263, dated
application and explanation of its ratio SUMMARY: On December 9, 2016, the
mstockstill on DSK30JT082PROD with NOTICES
August 31, 2017 (Final Redetermination).
6 See United States Steel Corporation et al. v. Department of Commerce (the
1 See Final Determination of Sales at Less Than United States, Slip Op. 17–28, Consolidated Court Department) published the preliminary
Fair Value and Final Negative Determination of No. 14–00263 (CIT 2017). results of administrative review of the
Critical Circumstances: Certain Oil Country Tubular 7 See Timken Co. v. United States, 893 F.2d. 337
antidumping duty order on
Good from India, 79 FR 41981 (July 18, 2014) (Final (Fed. Cir. 1990) (Timken).
Determination). 8 See Diamond Sawblades Mfrs. Coalition v.
polyethylene terephthalate film, sheet,
2 See United States Steel Corp. v. United States, United States, 626 F.3d. 1374 (Fed. Cir. 2010) and strip (PET Film) from the United
179 F. Supp. 3d 1114 (CIT 2016) (US Steel). (Diamond Sawblades). Arab Emirates (UAE). This review
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this notice, consistent with 19 CFR DEPARTMENT OF COMMERCE 2017, the Department issued a letter
351.224(b). notifying interested parties of its intent
International Trade Administration to rescind this antidumping
Notification to Importers circumvention inquiry on CTL plate
[A–570–849]
This notice serves as a final reminder from the PRC.5 In that letter, the
to importers of their responsibility Certain Cut-To-Length Carbon Steel Department provided interested parties
under 19 CFR 351.402(f)(2) to file a Plate From the People’s Republic of an opportunity to comment on its
China: Rescission of Antidumping intention to rescind this antidumping
certificate regarding the reimbursement
Circumvention Inquiry circumvention inquiry.6 No parties
of antidumping duties prior to
commented on the letter.
liquidation of the relevant entries AGENCY: Enforcement and Compliance,
during this POR. Failure to comply with International Trade Administration, Rescission of Antidumping
this requirement could result in the Department of Commerce. Circumvention Inquiry
Department’s presumption that SUMMARY: The Department of Commerce
As noted above, this antidumping
reimbursement of antidumping duties (‘‘the Department’’) is rescinding the circumvention inquiry pertains to
occurred and the subsequent assessment antidumping circumvention inquiry on certain CTL plate products from the PRC
of doubled antidumping duties. certain cut-to-length carbon steel plate containing specified levels of alloying
(‘‘CTL plate’’) from the People’s
elements. However, there are now
Administrative Protective Order Republic of China (‘‘PRC’’) that was
antidumping and countervailing duty
initiated on February 10, 2016.
This notice is the only reminder to orders on CTL plate from the PRC made
DATES: Effective April 12, 2017. of alloy steel, specifically ‘‘certain
parties subject to the administrative
FOR FURTHER INFORMATION CONTACT: Lilit carbon and alloy steel hot-rolled or
protective order (APO) of their
Astvatsatrian, Office IV, Enforcement & forged flat plate products not in coils,
responsibility concerning the return or Compliance, International Trade
destruction of proprietary information whether or not painted, varnished, or
Administration, Department of coated with plastics or other non-
disclosed under the APO in accordance Commerce, 1401 Constitution Avenue
with 19 CFR 351.305(a)(3), which metallic substances (cut-to-length
NW., Washington, DC 20230; telephone: plate).’’ 7 Therefore, the Department is
continues to govern business (202) 482–6412. rescinding the instant circumvention
proprietary information in this segment SUPPLEMENTARY INFORMATION: inquiry, as this inquiry concerned
of the proceeding. Timely written
Background products now covered by the CTL Alloy
notification of the return or destruction Steel Orders.
of APO materials, or conversion to On October 2, 2003, the Department
judicial protective order, is hereby published an antidumping duty order Administrative Protective Orders
requested. Failure to comply with the on CTL plate from the PRC.1 On This notice also serves as a final
regulations and the terms of an APO is February 10, 2016, in response to a reminder to parties subject to an
a violation subject to sanction. request from Nucor Corporation and administrative protective order (‘‘APO’’)
SSAB Enterprises LLC (collectively, of their responsibility concerning the
Notification to Interested Parties ‘‘Domestic Producers’’), the Department return or destruction of proprietary
We are issuing and publishing these initiated a circumvention inquiry information disclosed under APO in
regarding the Order with respect to accordance with 19 CFR 351.305, which
final results and this notice in
certain CTL plate with small amounts of continues to govern business
accordance with sections 751(a)(1) and
specific alloying elements (chromium, proprietary information in this segment
777(i)(1) of the Act and 19 CFR titanium, and boron where there was no
351.213(h). of the proceeding. Timely written
heat treatment).2 On December 5, 2016, notification of the return or destruction
Dated: April 6, 2017. the Department extended the deadline of APO materials, or conversion to
Ronald K. Lorentzen, for issuing the final determination in judicial protective order, is hereby
Acting Assistant Secretary for Enforcement this circumvention inquiry until April requested. Failure to comply with the
and Compliance. 5, 2017.3 Subsequently, on March 20, regulations and terms of an APO is a
2017, the Department published violation which is subject to sanction.
Appendix—Issues in the Decision antidumping and countervailing duty
Memorandum orders on certain carbon and alloy steel Notification to Interested Parties
I. Summary CTL plate from the PRC.4 On March 23, This notice is issued and published in
II. Background accordance with sections 781 of the
1 See Suspension Agreement on Certain Cut-To-
III. Discussion of the Issues Tariff Act of 1930, as amended, and 19
Length Carbon Steel Plate From the People’s
Comment 1: Home Market Invoice Dates Republic of China; Termination of Suspension
CFR 351.225.
Comment 2: Home Market Commissions Agreement and Notice of Antidumping Duty Order, Dated: April 5, 2017.
IV. Recommendation 68 FR 60081 (October 21, 2003) (‘‘Order’’).
2 See Certain Cut-To-Length Carbon Steel Plate
Ronald K. Lorentzen,
[FR Doc. 2017–07364 Filed 4–11–17; 8:45 am] Acting Assistant Secretary, Enforcement and
From the People ’s Republic of China: Initiation of
BILLING CODE 3510–DS–P Circumvention Inquiry on Antidumping Duty Order, Compliance.
81 FR 8173 (February 18, 2016). [FR Doc. 2017–07285 Filed 4–11–17; 8:45 am]
3 See Extension of Deadline for Final
mstockstill on DSK30JT082PROD with NOTICES
BILLING CODE 3510–DS–P
Determination for Anticircumvention Inquiry, dated
December 5, 2016.
4 See Certain Carbon and Alloy Steel Cut-To- 5 See Certain Cut-To-Length Carbon Steel Plate
Length Plate From the People’s Republic of China: (‘‘CTL plate’’) From the People’s Republic of China
Antidumping Duty Order, 82 FR 14349 (March 20, (‘‘PRC’’): Intent to Rescind Antidumping
2017); see also Certain Carbon and Alloy Steel Cut- Circumvention Inquiry, dated March 23, 2017
To-Length Plate From the People’s Republic of (‘‘Letter of Intent to Rescind’’).
6 See id at 2.
China: Countervailing Duty Order, 82 FR 14346
(March 20, 2017) (‘‘CTL Alloy Steel Orders’’). 7 See CTL Alloy Steel Orders.
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Document Created: 2017-04-12 00:23:04
Document Modified: 2017-04-12 00:23:04
| 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 April 12, 2017. | |
| 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 | 82 FR 17631 |
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