82 FR 36122 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 148 (August 3, 2017)
International Trade Administration
Federal Register Volume 82, Issue 148 (August 3, 2017)
| Page Range | 36122-36124 | |
| FR Document | 2017-16351 |
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)] [Notices] [Pages 36122-36124] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16351] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-837] Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016 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, 2015, through June 30, 2016. This review covers the respondent Nan Ya Plastics Corporation (Nan Ya), a producer and exporter of PET Film from Taiwan. The Department preliminarily determines that sales of subject merchandise have been made below normal value (NV) by Nan Ya during the POR. In addition, we are rescinding this administrative review with respect to Shinkong Materials Technology Corporation (SMTC). Interested parties are invited to comment on these preliminary results. DATES: Applicable August 3, 2017. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Myrna Lobo at (202) 482-5255 and (202) 482-2371, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 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\ --------------------------------------------------------------------------- \1\ A full description of the scope of the order is contained in the memorandum from James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2015-2016'' (Preliminary Decision Memorandum), which is hereby adopted by this notice. --------------------------------------------------------------------------- Partial Rescission of Administrative Review On September 12, 2016, the Department published a notice of initiation of administrative review of the antidumping duty order on PET Film from Taiwan.\2\ On December 12, 2016, the petitioners \3\ withdrew their request for review with respect to SMTC.\4\ In response to this timely filed request and since no other party requested a review of SMTC, we are rescinding this administrative review, in part, with respect to SMTC, pursuant to 19 CFR 351.213(d)(1). --------------------------------------------------------------------------- \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 62720 (September 12, 2016). \3\ The petitioners in this investigation are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc. (the petitioners). \4\ See Petitioners Letter ``Partial Withdrawal of Request for Antidumping Duty Administrative Review,'' dated December 12, 2016. --------------------------------------------------------------------------- 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. A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is a public document and 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 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 Preliminary Decision Memorandum are identical in content. [[Page 36123]] Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margin for the period July 1, 2015, through June 30, 2016. ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter dumping margin (percent) ------------------------------------------------------------------------ Nan Ya Plastics Corporation................................ 1.34 ------------------------------------------------------------------------ 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.\5\ 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.\6\ 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.\7\ 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.\8\ Case and rebuttal briefs should be filed using ACCESS.\9\ In order to be properly filed, ACCESS must successfully receive an electronically-filed document in its entirety by 5 p.m. Eastern Daylight Time. --------------------------------------------------------------------------- \5\ See 19 CFR 351.224(b). \6\ See 19 CFR 351.309(c)(ii). \7\ See 19 CFR 351.309(d). \8\ See 19 CFR 351.309(c)(2) and (d)(2). \9\ 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.\10\ 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. --------------------------------------------------------------------------- \10\ 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.\11\ Furthermore, for SMTC for which this review is rescinded, we will instruct CBP to assess 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, in accordance with 19 CFR 351.212(c)(1)(i). --------------------------------------------------------------------------- \11\ 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). --------------------------------------------------------------------------- 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 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: July 28, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Partial Rescission 4. Scope of the Order 5. Preliminary Finding of No Shipments for SMTC 6. Comparisons to Normal Value 7. Product Comparisons 8. Date of Sale 9. Export Price 10. Normal Value 11. Currency Conversion [[Page 36124]] 12. Recommendation [FR Doc. 2017-16351 Filed 8-2-17; 8:45 am] BILLING CODE 3510-DS-P
![36122 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices
U.S. Federal Government. Suspended, Done at Washington, DC, this 27th day of Partial Rescission of Administrative
debarred, or otherwise excluded parties July, 2017. Review
will not be eligible to win the Kim L. Hicks,
Competition. Branch Chief, Grants and Agreements On September 12, 2016, the
Management Branch USDA, Agricultural Department published a notice of
E. Intellectual Property Research Service, Financial Management and initiation of administrative review of the
Agreements Division. antidumping duty order on PET Film
By entering the Competition, each [FR Doc. 2017–16342 Filed 8–2–17; 8:45 am] from Taiwan.2 On December 12, 2016,
Team warrants that it is the author and/ BILLING CODE 3410–22–P the petitioners 3 withdrew their request
or authorized owner of its entry, and for review with respect to SMTC.4 In
that the entry is wholly original with the response to this timely filed request and
Team (or is an improved version of an DEPARTMENT OF COMMERCE since no other party requested a review
existing project plan the Team is legally of SMTC, we are rescinding this
authorized to enter into the International Trade Administration administrative review, in part, with
Competition), and that the submitted respect to SMTC, pursuant to 19 CFR
[A–583–837]
entry does not infringe on any 351.213(d)(1).
copyright, patent, or any other rights of Polyethylene Terephthalate Film,
any third party. Each Team agrees to Methodology
Sheet, and Strip From Taiwan:
hold the Released Parties harmless for Preliminary Results and Partial The Department is conducting this
any infringement of copyright, Rescission of Antidumping Duty review in accordance with section
trademark, patent, and/or other real or Administrative Review; 2015–2016 751(a)(2) of the Tariff Act of 1930, as
intellectual property right that may be amended (the Act). Export price is
AGENCY: Enforcement and Compliance,
caused, directly or indirectly, in whole calculated in accordance with section
International Trade Administration,
or in part, from that Team’s 772 of the Act. NV is calculated in
U.S. Department of Commerce.
participation in the Competition. accordance with section 773 of the Act.
SUMMARY: The Department of Commerce
All legal rights in any materials (the Department) is conducting an For a full description of the
produced or submitted in entering the administrative review of the methodology underlying our
Competition are retained by the Team antidumping duty order on conclusions, see the Preliminary
and/or the legal holder of those rights. polyethylene terephthalate film, sheet, Decision Memorandum. A list of topics
Entry into the Competition constitutes and strip (PET Film) from Taiwan. The included in the Preliminary Decision
express authorization for USDA NIFA, period of review (POR) is July 1, 2015, Memorandum is included as an
NSF, and the Judging Panel to review through June 30, 2016. This review Appendix to this notice. The
and analyze any and all aspects of covers the respondent Nan Ya Plastics Preliminary Decision Memorandum is a
submitted entries, including any trade Corporation (Nan Ya), a producer and public document and is on file
secret or proprietary information exporter of PET Film from Taiwan. The electronically via Enforcement and
contained in or evident from review of Department preliminarily determines Compliance’s Antidumping and
the submitted entries. that sales of subject merchandise have Countervailing Duty Centralized
been made below normal value (NV) by Electronic Service System (ACCESS).
F. Privacy & Disclosure Under FOIA Nan Ya during the POR. In addition, we ACCESS is available to registered users
are rescinding this administrative at http://access.trade.gov and is
Personal and contact information is available to all parties in the Central
review with respect to Shinkong
not collected for commercial or Records Unit in room B8024 of the main
Materials Technology Corporation
marketing purposes. Information (SMTC). Interested parties are invited to Commerce building. In addition, a
submitted throughout the Competition comment on these preliminary results. complete version of the Decision
will be used only to communicate with Memorandum can be accessed directly
DATES: Applicable August 3, 2017.
Teams regarding entries and/or the on the Internet at http://
FOR FURTHER INFORMATION CONTACT:
Competition. enforcement.trade.gov/frn/index.html.
Jacqueline Arrowsmith or Myrna Lobo
Teams’ entries to the Competition at (202) 482–5255 and (202) 482–2371, The signed and electronic versions of
may be subject to disclosure under the AD/CVD Operations, Office VII, the Preliminary Decision Memorandum
Freedom of Information Act (‘‘FOIA’’). If Enforcement and Compliance, are identical in content.
a Team believes that all or part of its International Trade Administration,
Competition entry is protected from U.S. Department of Commerce, 1401 Countervailing Duty Operations, to Gary Taverman,
Deputy Assistant Secretary for Antidumping and
release under FOIA (e.g., if the Constitution Avenue NW., Washington, Countervailing Duty Operations, Performing the
information falls under FOIA exemption DC 20230. non-exclusive functions and duties of the Assistant
#4 for ‘‘trade secrets and commercial or SUPPLEMENTARY INFORMATION: Secretary for Enforcement and Compliance,
‘‘Decision Memorandum for Preliminary Results
financial information obtained from a
Scope of the Order and Partial Rescission of Antidumping Duty
person [that is] privileged or Administrative Review: Polyethylene Terephthalate
confidential’’) the Team will be The merchandise subject to the order Film, Sheet, and Strip from Taiwan; 2015–2016’’
responsible for clearly marking the is PET Film. The PET Film subject to (Preliminary Decision Memorandum), which is
the order is currently classifiable under hereby adopted by this notice.
page(s)/section(s) of information it
mstockstill on DSK30JT082PROD with NOTICES
2 See Initiation of Antidumping and
believes are protected. subheading 3920.62.00.90 of the
Countervailing Duty Administrative Reviews, 81 FR
Harmonized Tariff Schedule of the 62720 (September 12, 2016).
Authority: 15 U.S.C. 3719. United States.1 3 The petitioners in this investigation are DuPont
Teijin Films, Mitsubishi Polyester Film, Inc., and
1 A full description of the scope of the order is SKC, Inc. (the petitioners).
contained in the memorandum from James Maeder, 4 See Petitioners Letter ‘‘Partial Withdrawal of
Senior Director performing the duties of Deputy Request for Antidumping Duty Administrative
Assistant Secretary for Antidumping and Review,’’ dated December 12, 2016.
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![36124 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices
12. Recommendation remaining companies subject to the Preliminary Decision Memorandum and
[FR Doc. 2017–16351 Filed 8–2–17; 8:45 am] instant review are Jindal and SRF, the electronic versions of the
BILLING CODE 3510–DS–P which the Department has selected as Preliminary Decision Memorandum are
the mandatory respondents.2 identical in content.
Scope of the Order Preliminary Results of Review
DEPARTMENT OF COMMERCE
The products covered by this order We preliminarily determine the total
International Trade Administration are all gauges of raw, pretreated, or estimated net countervailable subsidy
primed polyethylene terephthalate film, rates for the period January 1, 2015,
[C–533–825]
sheet and strip, whether extruded or through December 31, 2015 to be:
Polyethylene Terephthalate Film, coextruded. Excluded are metallized
films and other finished films that have Subsidy rate
Sheet, and Strip From India: Manufacturer/exporter (percent
Preliminary Results and Partial had at least one of their surfaces
ad valorem)
Rescission of Countervailing Duty modified by the application of a
Administrative Review; 2015 performance-enhancing resinous or Jindal Poly Films Limited of
inorganic layer of more than 0.00001 India .................................. 5.26
AGENCY: Enforcement and Compliance, inches thick. Imports of PET film are SRF Limited .......................... 5.79
International Trade Administration, classifiable in the Harmonized Tariff
Department of Commerce. Schedule of the United States (HTSUS) Disclosure and Public Comment
SUMMARY: The Department of Commerce under item number 3920.62.00.90. The Department will disclose to
(the Department) is conducting an HTSUS subheadings are provided for parties to this proceeding the
administrative review of the convenience and customs purposes. The calculations performed in reaching the
countervailing duty (CVD) order on written description of the scope of the preliminary results within five days of
polyethylene terephthalate film, sheet order is dispositive. the date of publication of these
and strip (PET film) from India for the Methodology preliminary results.4 Interested parties
period of review (POR) January 1, 2015, may submit written comments (case
through December 31, 2015. We The Department is conducting this
review in accordance with section briefs) within 30 days of publication of
preliminarily determine that Jindal Poly the preliminary results and rebuttal
Films Limited of India (Jindal) and SRF 751(a)(l)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the comments (rebuttal briefs) within five
Limited (SRF) received countervailable days after the time limit for filing case
subsidies during the POR. See the subsidy programs found
countervailable, we preliminarily briefs.5 Rebuttal briefs must be limited
‘‘Preliminary Results of Review’’ to issues raised in the case briefs.6
section, below. Interested parties are determine that there is a subsidy, i.e., a
government-provided financial Parties who submit case or rebuttal
invited to comment on these briefs are requested to submit with the
preliminary results. contribution that gives rise to a benefit
to the recipient, and that the subsidy is argument: (1) A statement of the issue;
DATES: Applicable August 3, 2017. (2) a brief summary of the argument;
specific.3 For a full description of the
FOR FURTHER INFORMATION CONTACT: Elfi
methodology underlying our and (3) a table of authorities.7
Blum, AD/CVD Operations, Office VII, Interested parties who wish to request
conclusions, see the Preliminary
Enforcement and Compliance, a hearing must do so within 30 days of
Decision Memorandum, dated
International Trade Administration, publication of these preliminary results
concurrently with, and hereby adopted
U.S. Department of Commerce, 1401 by, this notice. A list of topics included by submitting a written request to the
Constitution Avenue NW., Washington, in the Preliminary Decision Assistant Secretary for Enforcement and
DC 20230; telephone: (202) 482–0197. Memorandum is included as an Compliance, U.S. Department of
SUPPLEMENTARY INFORMATION: Appendix to this notice. Commerce, using Enforcement and
The Preliminary Decision Compliance’s ACCESS system.8
Partial Rescission of Administrative Requests should contain the party’s
Review Memorandum is a public document and
is on file electronically via Enforcement name, address, and telephone number,
The Department initiated a review of and Compliance’s Antidumping and the number of participants, and a list of
ten companies in this segment of the Countervailing Duty Centralized the issues to be discussed. If a request
proceeding.1 In response to timely filed Electronic Service System (ACCESS). for a hearing is made, we will inform
withdrawal requests, we are rescinding ACCESS is available to registered users parties of the scheduled date for the
this administrative review with respect at http://access.trade.gov and in the hearing which will be held at the U.S.
to Ester, Garware, Jindal Poly Films Ltd. Central Records Unit, Room B8024 of Department of Commerce, 1401
(India), MTZ, Polyplex, Uflex Ltd., the main Department of Commerce Constitution Avenue NW., Washington,
Vacmet, and Vacmet India Limited, building. In addition, a complete DC 20230, at a time and location to be
pursuant to 19 CFR 351.213(d)(1). The version of the Preliminary Decision determined.9 Parties should confirm by
Memorandum can be accessed directly telephone the date, time, and location of
1 See Initiation of Antidumping and
on the Internet at http://trade.gov/ the hearing. Issues addressed at the
Countervailing Duty Administrative Reviews, 81 FR hearing will be limited to those raised
62720, 62727 (September 12, 2016). The ten
enforcement/frn/index.html. The signed
companies were Ester, Garware, Jindal, Jindal Poly
in the briefs.10 All briefs and hearing
Films Ltd. (India), MTZ, Polyplex, SRF, Uflex Ltd., 2 See Decision Memorandum for the Preliminary requests must be filed electronically and
mstockstill on DSK30JT082PROD with NOTICES
Vacmet, and Vacmet India Limited. DuPont Teijin Results and Partial Rescission of the Countervailing
Films, Mitsubishi Polyester Film, Inc., and SKC, Duty Administrative Review of Polyethylene 4 See 19 CFR 351.224(b).
Inc. (collectively Petitioners) requested a review for Terephthalate Film, Sheet, and Strip from India; 5 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
six companies (Ester, Garware, Polyplex, SRF, 2015, dated concurrently with this notice 6 See 19 CFR 351.309(d)(2).
Jindal, and Vacmet). Polyplex USA requested a (Preliminary Decision Memorandum).
7 See 19 CFR 351.309(c)(2) and (d)(2).
review for eight companies (Ester, Garware, Jindal, 3 See sections 771(5)(B) and (D) of the Act
8 See 19 CFR 351.310(c).
MTZ, Polyplex, SRF, Uflex Ltd., and Vacmet India regarding financial contribution; section 771(5)(E)
9 See 19 CFR 351.310.
Limited). In addition, Jindal Poly Films Ltd. (India) of the Act regarding benefit; and section 771(5A) of
and SRF self-requested an administrative review. the Act regarding specificity. 10 See 19 CFR 351.310(c).
VerDate Sep<11>2014 16:35 Aug 02, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1](https://thefederalregister.org/doc/82_FR_36270/page/3.svg)
Document Created: 2017-08-03 07:24:29
Document Modified: 2017-08-03 07:24:29
| 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 | Applicable August 3, 2017. | |
| Contact | Jacqueline Arrowsmith or Myrna Lobo at (202) 482-5255 and (202) 482-2371, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 36122 |
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