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)

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.

[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]


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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\
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    \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.
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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).
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    \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.
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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
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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.
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    \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.
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    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.
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    \10\ See 19 CFR 351.310(c).
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    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).
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    \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).
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    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.
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    \12\ See PET Film from Taiwan Amended Final Determination.
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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