82_FR_22590 82 FR 22497 - Polyethylene Terephthalate Film, Sheet and Strip From the United Arab Emirates: Partial Rescission of Antidumping Duty Administrative Review; 2015-2016

82 FR 22497 - Polyethylene Terephthalate Film, Sheet and Strip From the United Arab Emirates: Partial Rescission of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range22497-22498
FR Document2017-09873

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22497-22498]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09873]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Polyethylene Terephthalate Film, Sheet and Strip From the United 
Arab Emirates: Partial Rescission of Antidumping Duty Administrative 
Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective May 16, 2017.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, Office VII, Antidumping 
and Countervailing Duty Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4261.

Background

    On November 4, 2016, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the antidumping duty (AD) order on polyethylene terephthalate film, 
sheet and strip from the United Arab Emirates covering the period 
November 1, 2015, through October 31, 2016.\1\ The Department received 
a timely request from the petitioners \2\ for an AD administrative 
review of two companies: JBF RAK LLC (JBF) and Flex Middle East FZE 
(Flex).\3\ In addition, Polyplex USA LLC (Polyplex), a domestic 
interested party, submitted a timely request for an AD review of JBF 
and Uflex Limited (Uflex).\4\ JBF submitted a timely request for an AD 
review of itself.\5\ On January 13, 2017,

[[Page 22498]]

pursuant to the requests from interested parties, the Department 
published a notice of initiation of administrative review with respect 
to Flex, Uflex, and JBF.\6\ On April 13, 2017, the petitioners withdrew 
their requests for reviews of JBF and Flex.\7\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 76920 (November 4, 2016).
    \2\ DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and 
SKC, Inc.
    \3\ See Petitioners' letter, ``Polyethylene Terephthalate Film, 
Sheet, and Strip from United Arab Emirates: Request for Antidumping 
Duty Administrative Review,'' dated November 30, 2016.
    \4\ See letter from Polyplex USA LLC, ``Polyethylene 
Terephthalate (PET) Film, Sheet, and Strip from United Arab 
Emirates: Request for Review,'' dated November 22, 2016.
    \5\ See JBF's letter, ``JBF RAK LLC/Request for A/D 
Administrative Review: Polyethylene Terephthalate Film, Sheet, and 
Strip from United Arab Emirates (A-520-803),'' dated November 30, 
2016.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 4294 (January 13, 2017).
    \7\ See Petitioners' letter ``Withdrawal of Request for 
Antidumping Duty Administrative Review,'' dated April 13, 2017.
---------------------------------------------------------------------------

Rescission in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
Department initiated the instant review on January 13, 2017 and the 
petitioners withdrew their request on April 13, 2017, which is within 
the 90-day period and is thus timely. Because the petitioners' 
withdrawal of their requests for review is timely and because no other 
party requested a review of Flex, we are rescinding this review, in 
part, with respect to Flex, in accordance with 19 CFR 351.213(d)(1). 
Polyplex did not withdraw its request for review of JBF and Uflex, and 
JBF did not withdraw its request for review of itself. As such, the 
instant review will continue with respect to Uflex and JBF.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess anti-dumping duties on all appropriate entries. Subject 
merchandise of Flex will be assessed antidumping duties at rates equal 
to the cash deposit of estimated antidumping duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the period November 1, 2015, through October 31, 2016, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
this notice.

Notification to Importers

    This notice serves as a reminder to importers for whom this review 
is being rescinded, as of the publication date of this notice, 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 the antidumping duties occurred and the subsequent 
increase in the amount of antidumping duties assessed.

Notification Regarding Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: May 11, 2017.
James Maeder,
Senior Director, Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-09873 Filed 5-15-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices                                                     22497

                                                alloy steel (cold-drawn mechanical tubing) of           this scope, is also covered by the scope of           description of the scope of the investigations
                                                circular cross-section, in actual outside               these investigations when it meets the                is dispositive.
                                                diameters less than 331 mm, and regardless              physical description set forth above.                 [FR Doc. 2017–09870 Filed 5–15–17; 8:45 am]
                                                of wall thickness, surface finish, end finish             Steel products included in the scope of             BILLING CODE 3510–DS–P
                                                or industry specification. The subject cold-            these investigations are products in which:
                                                drawn mechanical tubing is a tubular                    (1) Iron predominates, by weight, over each
                                                product with a circular cross-sectional shape           of the other contained elements; and (2) the
                                                that has been cold-drawn or otherwise cold-                                                                   DEPARTMENT OF COMMERCE
                                                                                                        carbon content is 2 percent or less by weight.
                                                finished after the initial tube formation in a            For purposes of this scope, the place of
                                                manner that involves a change in the                                                                          International Trade Administration
                                                                                                        cold-drawing determines the country of
                                                diameter or wall thickness of the tubing, or                                                                  [A–520–803]
                                                                                                        origin of the subject merchandise. Subject
                                                both. The subject cold-drawn mechanical
                                                                                                        merchandise that is subject to minor working
                                                tubing may be produced from either welded                                                                     Polyethylene Terephthalate Film, Sheet
                                                                                                        in a third country that occurs after drawing
                                                (e.g., electric resistance welded, continuous
                                                                                                        in one of the subject countries including, but        and Strip From the United Arab
                                                welded, etc.) or seamless (e.g., pierced,
                                                pilgered or extruded, etc.) carbon or alloy             not limited to, heat treatment, cutting to            Emirates: Partial Rescission of
                                                steel tubular products. It may also be heat             length, straightening, nondestruction testing,        Antidumping Duty Administrative
                                                treated after cold working. Such heat                   deburring or chamfering, remains within the           Review; 2015–2016
                                                treatments may include, but are not limited             scope of the investigations.
                                                to, annealing, normalizing, quenching and                 All products that meet the written physical         AGENCY:  Enforcement and Compliance,
                                                tempering, stress relieving or finish                   description are within the scope of these             International Trade Administration,
                                                annealing. Typical cold-drawing methods for             investigations unless specifically excluded or        Department of Commerce.
                                                subject merchandise include, but are not                covered by the scope of an existing order.            DATES: Effective May 16, 2017.
                                                limited to, drawing over mandrel, rod                   Merchandise that meets the physical                   FOR FURTHER INFORMATION CONTACT:
                                                drawing, plug drawing, sink drawing and                 description of cold-drawn mechanical tubing           Andrew Huston, Office VII,
                                                similar processes that involve reducing the             above is within the scope of the
                                                                                                                                                              Antidumping and Countervailing Duty
                                                outside diameter of the tubing with a die or            investigations even if it is also dual or
                                                similar device, whether or not controlling the          multiple certified to an otherwise excluded
                                                                                                                                                              Operations, Enforcement and
                                                inside diameter of the tubing with an internal          specification listed below. The following             Compliance, International Trade
                                                support device such as a mandrel, rod, plug             products are outside of, and/or specifically          Administration, U.S. Department of
                                                or similar device.                                      excluded from, the scope of these                     Commerce, 1401 Constitution Avenue
                                                   Subject cold-drawn mechanical tubing is              investigations:                                       NW., Washington, DC 20230; telephone:
                                                typically certified to meet industry                      (1) Cold-drawn stainless steel tubing,              (202) 482–4261.
                                                specifications for cold-drawn tubing                    containing 10.5 percent or more of chromium
                                                including but not limited to:                                                                                 Background
                                                                                                        by weight and not more than 1.2 percent of
                                                   (1) American Society for Testing and                 carbon by weight;                                        On November 4, 2016, the Department
                                                Materials (ASTM) or American Society of                   (2) products certified to one or more of the        of Commerce (the Department)
                                                Mechanical Engineers (ASME) specifications
                                                ASTM A–512, ASTM A–513 Type 3 (ASME
                                                                                                        ASTM, ASME or American Petroleum                      published a notice of opportunity to
                                                                                                        Institute (API) specifications listed below:          request an administrative review of the
                                                SA513 Type 3), ASTM A–513 Type 4 (ASME
                                                                                                          • ASTM A–53;                                        antidumping duty (AD) order on
                                                SA513 Type 4), ASTM A–513 Type 5 (ASME
                                                                                                          • ASTM A–106;                                       polyethylene terephthalate film, sheet
                                                SA513 Type 5), ASTM A–513 Type 6 (ASME
                                                SA513 Type 6), ASTM A–519 (cold-finished);                • ASTM A–179 (ASME SA 179);                         and strip from the United Arab Emirates
                                                                                                          • ASTM A–192 (ASME SA 192);
                                                   (2) SAE International (Society of                                                                          covering the period November 1, 2015,
                                                Automotive Engineers) specifications SAE                  • ASTM A–209 (ASME SA 209);
                                                                                                                                                              through October 31, 2016.1 The
                                                J524, SAE J525, SAE J2833, SAE J2614, SAE                 • ASTM A–210 (ASME SA 210);
                                                                                                          • ASTM A–213 (ASME SA 213);                         Department received a timely request
                                                J2467, SAE J2435, SAE J2613;                                                                                  from the petitioners 2 for an AD
                                                   (3) Aerospace Material Specification (AMS)             • ASTM A–334 (ASME SA 334);
                                                AMS T–6736 (AMS 6736), AMS 6371, AMS                      • ASTM A–423 (ASME SA 423);                         administrative review of two
                                                5050, AMS 5075, AMS 5062, AMS 6360,                       • ASTM A–498;                                       companies: JBF RAK LLC (JBF) and Flex
                                                AMS 6361, AMS 6362, AMS 6371, AMS                         • ASTM A–496 (ASME SA 496);                         Middle East FZE (Flex).3 In addition,
                                                6372, AMS 6374, AMS 6381, AMS 6415;                       • ASTM A–199;                                       Polyplex USA LLC (Polyplex), a
                                                   (4) United States Military Standards (MIL)             • ASTM A–500;                                       domestic interested party, submitted a
                                                MIL–T–5066 and MIL–T–6736;                                • ASTM A–556;                                       timely request for an AD review of JBF
                                                   (5) foreign standards equivalent to one of             • ASTM A–565;                                       and Uflex Limited (Uflex).4 JBF
                                                the previously listed ASTM, ASME, SAE,                    • API 5L; and                                       submitted a timely request for an AD
                                                AMS or MIL specifications including but not               • API 5CT                                           review of itself.5 On January 13, 2017,
                                                limited to:                                             except that any cold-drawn tubing product
                                                   (a) German Institute for Standardization             certified to one of the above excluded                   1 See Antidumping or Countervailing Duty Order,
                                                (DIN) specifications DIN 2391–2, DIN 2393–              specifications will not be excluded from the          Finding, or Suspended Investigation; Opportunity
                                                2, DIN 2394–2);                                         scope if it is also dual- or multiple-certified       To Request Administrative Review, 81 FR 76920
                                                   (b) European Standards (EN) EN 10305–1,              to any other specification that otherwise             (November 4, 2016).
                                                EN 10305–2, EN 10305–4, EN 10305–6 and                                                                           2 DuPont Teijin Films, Mitsubishi Polyester Film,
                                                                                                        would fall within the scope of these
                                                European national variations on those                                                                         Inc., and SKC, Inc.
                                                                                                        investigations.
                                                standards (e.g., British Standard (BS EN),                                                                       3 See Petitioners’ letter, ‘‘Polyethylene

                                                Irish Standard (IS EN) and German Standard                The products subject to the investigations          Terephthalate Film, Sheet, and Strip from United
                                                (DIN EN) variations, etc.);                             are currently classified in the Harmonized            Arab Emirates: Request for Antidumping Duty
                                                   (c) Japanese Industrial Standard (JIS) JIS G         Tariff Schedule of the United States (HTSUS)          Administrative Review,’’ dated November 30, 2016.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                 4 See letter from Polyplex USA LLC,
                                                3441 and JIS G 3445; and                                under item numbers: 7304.31.3000,
                                                   (6) proprietary standards that are based on          7304.31.6050, 7304.51.1000, 7304.51.5005,             ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and
                                                                                                        7304.51.5060, 7306.30.5015, 7306.30.5020,             Strip from United Arab Emirates: Request for
                                                one of the above-listed standards.                                                                            Review,’’ dated November 22, 2016.
                                                   The subject cold-drawn mechanical tubing             7306.50.5030. Subject merchandise may also               5 See JBF’s letter, ‘‘JBF RAK LLC/Request for
                                                may also be dual or multiple certified to               enter under numbers 7306.30.1000 and                  A/D Administrative Review: Polyethylene
                                                more than one standard. Pipe that is multiple           7306.50.1000. The HTSUS subheadings                   Terephthalate Film, Sheet, and Strip from United
                                                certified as cold-drawn mechanical tubing               above are provided for convenience and                Arab Emirates (A–520–803),’’ dated November 30,
                                                and to other specifications not covered by              customs purposes only. The written                    2016.



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                                                22498                          Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

                                                pursuant to the requests from interested                reimbursement of the antidumping                         These documents are also available
                                                parties, the Department published a                     duties occurred and the subsequent                    upon written request or by appointment
                                                notice of initiation of administrative                  increase in the amount of antidumping                 in the Permits and Conservation
                                                review with respect to Flex, Uflex, and                 duties assessed.                                      Division, Office of Protected Resources,
                                                JBF.6 On April 13, 2017, the petitioners                                                                      NMFS, 1315 East-West Highway, Room
                                                                                                        Notification Regarding Administrative
                                                withdrew their requests for reviews of                                                                        13705, Silver Spring, MD 20910; phone
                                                                                                        Protective Orders
                                                JBF and Flex.7                                                                                                (301) 427–8401; fax (301) 713–0376.
                                                                                                          This notice also serves as a final                     Written comments on this application
                                                Rescission in Part                                      reminder to parties subject to                        should be submitted to the Chief,
                                                   Pursuant to 19 CFR 351.213(d)(1), the                administrative protective order (APO) of              Permits and Conservation Division, at
                                                Secretary will rescind an administrative                their responsibility concerning the                   the address listed above. Comments may
                                                review, in whole or in part, if a party                 return or destruction of proprietary                  also be submitted by facsimile to (301)
                                                that requested the review withdraws the                 information disclosed under APO in                    713–0376, or by email to
                                                request within 90 days of the date of                   accordance with 19 CFR 351.305(a)(3),                 NMFS.Pr1Comments@noaa.gov. Please
                                                publication of the notice of initiation of              which continues to govern business                    include the File No. in the subject line
                                                the requested review. The Department                    proprietary information in this segment               of the email comment.
                                                initiated the instant review on January                 of the proceeding. Timely written                        Those individuals requesting a public
                                                13, 2017 and the petitioners withdrew                   notification of the return/destruction of             hearing should submit a written request
                                                their request on April 13, 2017, which                  APO materials or conversion to judicial               to the Chief, Permits and Conservation
                                                is within the 90-day period and is thus                 protective order is hereby requested.                 Division at the address listed above. The
                                                timely. Because the petitioners’                        Failure to comply with the regulations                request should set forth the specific
                                                withdrawal of their requests for review                 and terms of an APO is a violation                    reasons why a hearing on this
                                                is timely and because no other party                    which is subject to sanction.                         application would be appropriate.
                                                requested a review of Flex, we are                        This notice is issued and published in
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                rescinding this review, in part, with                   accordance with section 751(a)(1) and
                                                                                                        777(i)(1) of the Tariff Act of 1930, as               Carrie Hubard or Sara Young, (301) 427–
                                                respect to Flex, in accordance with 19
                                                                                                        amended, and 19 CFR 351.213(d)(4).                    8401.
                                                CFR 351.213(d)(1). Polyplex did not
                                                withdraw its request for review of JBF                                                                        SUPPLEMENTARY INFORMATION: The
                                                                                                          Dated: May 11, 2017.
                                                and Uflex, and JBF did not withdraw its                                                                       subject permit is requested under the
                                                                                                        James Maeder,                                         authority of the Marine Mammal
                                                request for review of itself. As such, the              Senior Director, Antidumping and
                                                instant review will continue with                                                                             Protection Act of 1972, as amended
                                                                                                        Countervailing Duty Operations.
                                                respect to Uflex and JBF.                                                                                     (MMPA; 16 U.S.C. 1361 et seq.), the
                                                                                                        [FR Doc. 2017–09873 Filed 5–15–17; 8:45 am]           regulations governing the taking and
                                                Assessment                                              BILLING CODE 3510–DS–P                                importing of marine mammals (50 CFR
                                                  The Department will instruct U.S.                                                                           part 216), the Endangered Species Act of
                                                Customs and Border Protection (CBP) to                                                                        1973, as amended (ESA; 16 U.S.C. 1531
                                                                                                        DEPARTMENT OF COMMERCE                                et seq.), and the regulations governing
                                                assess anti-dumping duties on all
                                                appropriate entries. Subject                            National Oceanic and Atmospheric                      the taking, importing, and exporting of
                                                merchandise of Flex will be assessed                    Administration                                        endangered and threatened species (50
                                                antidumping duties at rates equal to the                                                                      CFR parts 222–226).
                                                cash deposit of estimated antidumping                   RIN 0648–XF412                                           PIFSC request a five-year permit to
                                                duties required at the time of entry, or                                                                      permit to monitor the abundance, stock
                                                                                                        Marine Mammals; File No. 20311                        structure, distribution, movement
                                                withdrawal from warehouse, for
                                                consumption, during the period                          AGENCY:  National Marine Fisheries                    patterns, and ecological relationships of
                                                November 1, 2015, through October 31,                   Service (NMFS), National Oceanic and                  cetaceans occurring in United States
                                                2016, in accordance with 19 CFR                         Atmospheric Administration (NOAA),                    and international waters of the Pacific
                                                351.212(c)(1)(i). The Department                        Commerce.                                             Islands Region. The study area includes
                                                intends to issue assessment instructions                ACTION: Notice; receipt of application.               the Hawaii archipelago, American
                                                to CBP 15 days after the date of                                                                              Samoa, Guam, the Commonwealth of
                                                publication of this notice.                             SUMMARY:   Notice is hereby given that                the Northern Mariana Islands, Kingman
                                                                                                        the NMFS Pacific Islands Fisheries                    Reef, Palmyra Atoll, Johnston Atoll,
                                                Notification to Importers                               Science Center (PIFSC), 1845 Wasp                     Wake Atoll, Howland Island, Baker
                                                  This notice serves as a reminder to                   Boulevard, Building 176, Honolulu, HI                 Island, and Jarvis Island. Up to 34
                                                importers for whom this review is being                 96818 (Responsible Party: Dr. Evan                    cetacean species may be targeted for
                                                rescinded, as of the publication date of                Howell), has applied in due form for a                research, including the following
                                                this notice, of their responsibility under              permit to conduct scientific research on              endangered or threatened species/
                                                19 CFR 351.402(f)(2) to file a certificate              marine mammals.                                       stocks: Blue (Balaenoptera musculus),
                                                regarding the reimbursement of                          DATES: Written, telefaxed, or email                   fin (B. physalus), sei (B. borealis),
                                                antidumping duties prior to liquidation                 comments must be received on or before                humpback (Megaptera novaeangliae),
                                                of the relevant entries during this                     June 15, 2017.                                        North Pacific right (Eubalaena
                                                review period. Failure to comply with                   ADDRESSES: The application and related                japonica), sperm (Physeter
                                                this requirement could result in the                    documents are available for review by                 macrocephalus), and main Hawaiian
sradovich on DSK3GMQ082PROD with NOTICES




                                                Secretary’s presumption that                            selecting ‘‘Records Open for Public                   Insular false killer (Pseudorca
                                                                                                        Comment’’ from the ‘‘Features’’ box on                crassidens) whales. Research activities
                                                  6 See Initiation of Antidumping and
                                                                                                        the Applications and Permits for                      include aerial surveys with the use of
                                                Countervailing Duty Administrative Reviews, 82 FR       Protected Species (APPS) home page,                   manned and unmanned aircraft systems,
                                                4294 (January 13, 2017).
                                                  7 See Petitioners’ letter ‘‘Withdrawal of Request     https://apps.nmfs.noaa.gov, and then                  vessel surveys, behavioral observations,
                                                for Antidumping Duty Administrative Review,’’           selecting File No. 20311 from the list of             photo-identification, acoustic
                                                dated April 13, 2017.                                   available applications.                               recordings, biological sample collection,


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Document Created: 2017-05-16 13:52:20
Document Modified: 2017-05-16 13:52:20
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 May 16, 2017.
ContactAndrew Huston, Office VII, Antidumping and Countervailing Duty Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261.
FR Citation82 FR 22497 

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