83 FR 14416 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 65 (April 4, 2018)
International Trade Administration
Federal Register Volume 83, Issue 65 (April 4, 2018)
| Page Range | 14416-14417 | |
| FR Document | 2018-06837 |
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)] [Notices] [Pages 14416-14417] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06837] ----------------------------------------------------------------------- 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 and Final Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that JBF RAK LLC (JBF) made sales of subject merchandise at less than normal value during the period of review (POR), November 1, 2015, through October 31, 2016, and that UFlex Limited (UFlex) had no shipments of subject merchandise during the POR. DATES: Applicable Date: April 4, 2018. 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 Commerce published the preliminary results of this administrative review on December 1, 2017.\1\ We invited interested parties to comment on the Preliminary Results. On January 2, 2017, Commerce received a timely-filed case brief from JBF.\2\ No party filed a rebuttal brief. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 82 FR 56949 (December 1, 2017) (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 2, 2018. --------------------------------------------------------------------------- Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of this review is now April 3, 2018.\3\ --------------------------------------------------------------------------- \3\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- 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. Final Determination of No Shipments In the Preliminary Results, we preliminarily found that one company, UFlex, had no shipments during the POR.\4\ Consistent with Commerce's assessment practice, Commerce completed the review with respect to UFlex.\5\ For these final results, we continue to find that UFlex had no shipments during the POR. --------------------------------------------------------------------------- \4\ See Preliminary Results at 3. \5\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 51306-51307 (August 28, 2014). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the sole case brief filed in this review are addressed in the Issues and Decision Memorandum.\6\ 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. --------------------------------------------------------------------------- \6\ See Memorandum, ``Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Issues and Decision Memorandum for the Final Results and Final Determination of No Shipments; 2015-2016,'' (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on our analysis of the comments received, we made one change to our margin calculations for JBF. Specifically, we revised our calculation of home market credit expenses.\7\ A complete discussion of this change can be found in the Issues and Decision Memorandum. --------------------------------------------------------------------------- \7\ See Issues and Decision Memorandum at page 2. --------------------------------------------------------------------------- Final Results of Review As a result of this review, we determine that the following weighted-average dumping margin exists for the period of November 1, 2015, through October 31, 2016: ------------------------------------------------------------------------ Weighted- average dumping Producer or exporter margin (percent ad valorem) ------------------------------------------------------------------------ JBF RAK LLC............................................... 18.90 ------------------------------------------------------------------------ Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all [[Page 14417]] appropriate entries of subject merchandise in accordance with the final results of this review.\8\ Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \8\ Commerce 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). --------------------------------------------------------------------------- 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 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.\9\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ 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 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 Commerce'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: March 29, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix Issues in the Decision Memorandum I. Summary II. Scope of the Order III. Period of Review IV. Discussion of the Issue Comment 1: Home Market Credit Expenses V. Recommendation [FR Doc. 2018-06837 Filed 4-3-18; 8:45 am] BILLING CODE 3510-DS-P
![14416 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
publication in the Federal Register of brief from JBF.2 No party filed a rebuttal continue to find that UFlex had no
this notice of continuation. Pursuant to brief. shipments during the POR.
section 751(c)(2) of the Act, Commerce Commerce exercised its discretion to Analysis of Comments Received
intends to initiate the next sunset toll all deadlines affected by the closure
review of the order not later than 30 All issues raised in the sole case brief
of the Federal Government from January
days prior to the fifth anniversary of the filed in this review are addressed in the
20 through 22, 2018. If the new deadline Issues and Decision Memorandum.6 A
effective date of continuation. falls on a non-business day, in
This five-year sunset review and this list of the issues addressed in the Issues
accordance with Commerce’s practice, and Decision Memorandum is appended
notice are in accordance with section the deadline will become the next
751(c) of the Act and published to this notice. The Issues and Decision
business day. The revised deadline for Memorandum is a public document and
pursuant to section 777(i)(1) of the Act the final results of this review is now
and 19 CFR 351.218(f)(4). is available electronically via
April 3, 2018.3 Enforcement and Compliance’s
Dated: March 29, 2018.
Scope of the Order Antidumping and Countervailing Duty
P. Lee Smith, Centralized Electronic Services System
Deputy Assistant Secretary for Policy and The products covered by the order are (ACCESS). ACCESS is available to
Negotiations. all gauges of raw, pre-treated, or primed registered users at http://
[FR Doc. 2018–06838 Filed 4–3–18; 8:45 am] polyethylene terephthalate film (PET access.trade.gov, and it is available to
BILLING CODE 3510–DS–P Film), whether extruded or co-extruded. all parties in the Central Records Unit
Excluded are metallized films and other of the main Commerce Building, Room
finished films that have had at least one B–8024. In addition, a complete version
DEPARTMENT OF COMMERCE of their surfaces modified by the of the Issues and Decision
application of a performance-enhancing Memorandum is also accessible on the
International Trade Administration resinous or inorganic layer more than internet at http://enforcement.trade.gov/
[A–520–803] 0.00001 inches thick. Also excluded is frn/index.html. The signed Issues and
roller transport cleaning film which has Decision Memorandum and the
Polyethylene Terephthalate Film, at least one of its surfaces modified by electronic versions of the Issues and
Sheet, and Strip From the United Arab application of 0.5 micrometers of SBR Decision Memorandum are identical in
Emirates: Final Results of latex. Tracing and drafting film is also content.
Antidumping Duty Administrative excluded. PET Film is classifiable under
Review and Final Determination of No Changes Since the Preliminary Results
subheading 3920.62.00.90 of the
Shipments; 2015–2016 Harmonized Tariff Schedule of the Based on our analysis of the
United States (HTSUS). While HTSUS comments received, we made one
AGENCY: Enforcement and Compliance,
subheadings are provided for change to our margin calculations for
International Trade Administration,
convenience and customs purposes, our JBF. Specifically, we revised our
Department of Commerce.
written description of the scope of the calculation of home market credit
SUMMARY: The Department of Commerce expenses.7 A complete discussion of
order is dispositive.
(Commerce) determines that JBF RAK this change can be found in the Issues
LLC (JBF) made sales of subject Final Determination of No Shipments and Decision Memorandum.
merchandise at less than normal value
during the period of review (POR), In the Preliminary Results, we Final Results of Review
November 1, 2015, through October 31, preliminarily found that one company, As a result of this review, we
2016, and that UFlex Limited (UFlex) UFlex, had no shipments during the determine that the following weighted-
had no shipments of subject POR.4 Consistent with Commerce’s average dumping margin exists for the
merchandise during the POR. assessment practice, Commerce period of November 1, 2015, through
DATES: Applicable Date: April 4, 2018. completed the review with respect to October 31, 2016:
UFlex.5 For these final results, we
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations, Weighted-
2 See ‘‘Polyethylene Terephthalate (PET) Film, average
Office VII, Enforcement and Sheet and Strip from the United Arab Emirates (A– dumping
Compliance, International Trade Producer or exporter
520–803); Case Brief of JBF RAK, LLC,’’ dated margin
Administration, U.S. Department of January 2, 2018. (percent ad
Commerce, 1401 Constitution Avenue 3 See Memorandum for The Record from valorem)
NW, Washington, DC 20230; telephone: Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the non- JBF RAK LLC ........................... 18.90
(202) 482–4261. exclusive functions and duties of the Assistant
SUPPLEMENTARY INFORMATION: Secretary for Enforcement and Compliance,
Assessment Rates
‘‘Deadlines Affected by the Shutdown of the
Background Federal Government’’ (Tolling Memorandum), Commerce shall determine, and U.S.
dated January 23, 2018. All deadlines in this Customs and Border Protection (CBP)
Commerce published the preliminary segment of the proceeding have been extended by
results of this administrative review on 3 days. shall assess, antidumping duties on all
December 1, 2017.1 We invited 4 See Preliminary Results at 3.
6 See Memorandum, ‘‘Antidumping Duty
interested parties to comment on the 5 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping Administrative Review of Polyethylene
Preliminary Results. On January 2, 2017, Terephthalate Film, Sheet, and Strip from the
Duty Administrative Review, Partial Rescission of
amozie on DSK30RV082PROD with NOTICES
Commerce received a timely-filed case Review, Preliminary Determination of No United Arab Emirates: Issues and Decision
Shipments; 2012–2013, 79 FR 15951, 15952 (March Memorandum for the Final Results and Final
1 See Polyethylene Terephthalate Film, Sheet, and 24, 2014), unchanged in Certain Frozen Warmwater Determination of No Shipments; 2015–2016,’’
Strip from the United Arab Emirates: Preliminary Shrimp from Thailand: Final Results of (Issues and Decision Memorandum), dated
Results of Antidumping Duty Administrative Antidumping Duty Administrative Review, Final concurrently with and hereby adopted by this
Review and Preliminary Determination of No Determination of No Shipments, and Partial notice.
Shipments; 2015–2016, 82 FR 56949 (December 1, Rescission of Review; 2012–2013, 79 FR 51306, 7 See Issues and Decision Memorandum at
2017) (Preliminary Results). 51306–51307 (August 28, 2014). page 2.
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![Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices 14417
appropriate entries of subject Notification to Importers DEPARTMENT OF COMMERCE
merchandise in accordance with the
final results of this review.8 Commerce This notice serves as a final reminder National Oceanic and Atmospheric
intends to issue appropriate assessment to importers of their responsibility Administration
instructions directly to CBP 15 days under 19 CFR 351.402(f)(2) to file a
RIN 0648–XF991
after the date of publication of these certificate regarding the reimbursement
final results of review. of antidumping duties prior to Takes of Marine Mammals Incidental to
Cash Deposit Requirements liquidation of the relevant entries Specified Activities; Taking Marine
during this POR. Failure to comply with Mammals Incidental to Marine Site
The following cash deposit this requirement could result in Characterization Surveys off of
requirements will be effective upon Commerce’s presumption that Delaware
publication of the final results of this reimbursement of antidumping duties
administrative review for all shipments occurred and the subsequent assessment AGENCY: National Marine Fisheries
of subject merchandise entered, or Service (NMFS), National Oceanic and
of doubled antidumping duties.
withdrawn from warehouse, for Atmospheric Administration (NOAA),
consumption on or after the publication Administrative Protective Order Commerce.
date of these final results, as provided ACTION: Notice; proposed incidental
by section 751(a)(2)(C) of the Tariff Act This notice is the only reminder to
harassment authorization; request for
of 1930, as amended (the Act): (1) For parties subject to the administrative comments.
JBF, the cash deposit rate will be equal protective order (APO) of their
to the weighted-average dumping responsibility concerning the return or SUMMARY: NMFS has received a request
margin listed above in the section destruction of proprietary information from Garden State Offshore Energy, LLC
‘‘Final Results of Review;’’ (2) for disclosed under the APO in accordance (GSOE), for authorization to take marine
merchandise exported by producers or with 19 CFR 351.305(a)(3), which mammals incidental to marine site
exporters not covered in this review but continues to govern business characterization surveys off the coast of
covered in a previously completed proprietary information in this segment Delaware as part of the Skipjack Wind
segment of this proceeding, the cash of the proceeding. Timely written Project in the area of the Commercial
deposit rate will continue to be the notification of the return or destruction Lease of Submerged Lands for
company-specific rate published in the of APO materials, or conversion to Renewable Energy Development on the
final results for the most recent period Outer Continental Shelf (OCS–A 0482)
judicial protective order, is hereby
in which that producer or exporter and along potential submarine cable
requested. Failure to comply with the
participated; (3) if the exporter is not a routes to a landfall location in Maryland
firm covered in this review or in any regulations and the terms of an APO is
a violation subject to sanction. or Delaware. Pursuant to the Marine
previous segment of this proceeding, but Mammal Protection Act (MMPA), NMFS
the producer is, then the cash deposit Notification to Interested Parties is requesting comments on its proposal
rate will be that established for the to issue an incidental harassment
producer of the merchandise in these We are issuing and publishing these authorization (IHA) to incidentally take
final results of review or in the final final results and this notice in marine mammals during the specified
results for the most recent period in accordance with sections 751(a)(1) and activities. NMFS will consider public
which that producer participated; and 777(i)(1) of the Act and 19 CFR comments prior to making any final
(4) if neither the exporter nor the 351.213(h). decision on the issuance of the
producer is a firm covered in this requested MMPA authorizations and
review or in any previously completed Dated: March 29, 2018.
agency responses will be summarized in
segment of this proceeding, then the P. Lee Smith,
the final notice of our decision.
cash deposit rate will be 4.05 percent, Deputy Assistant Secretary for Policy and
DATES: Comments and information must
the all-others rate established in the less Negotiations.
be received no later than May 4, 2018.
than fair value investigation.9 These
cash deposit requirements, when Appendix ADDRESSES: Comments should be
imposed, shall remain in effect until Issues in the Decision Memorandum addressed to Jolie Harrison, Chief,
further notice. Permits and Conservation Division,
I. Summary
Office of Protected Resources, National
Disclosure II. Scope of the Order
Marine Fisheries Service. Physical
III. Period of Review
We will disclose to interested parties comments should be sent to 1315 East-
IV. Discussion of the Issue
the calculations performed in West Highway, Silver Spring, MD
Comment 1: Home Market Credit Expenses
connection with these final results 20910, and electronic comments should
V. Recommendation
within five days of the publication of be sent to ITP.carduner@noaa.gov.
[FR Doc. 2018–06837 Filed 4–3–18; 8:45 am] Instructions: NMFS is not responsible
this notice, consistent with 19 CFR
351.224(b). BILLING CODE 3510–DS–P for comments sent by any other method,
to any other address or individual, or
8 Commerce applied the assessment rate received after the end of the comment
calculation method adopted in Antidumping period. Comments received
Proceedings: Calculation of the Weighted-Average electronically, including all
Dumping Margin and Assessment Rate in Certain
amozie on DSK30RV082PROD with NOTICES
Antidumping Proceedings: Final Modification, 77 attachments, must not exceed a 25-
FR 8101 (February 14, 2012). megabyte file size. Attachments to
9 See Polyethylene Terephthalate Film, Sheet, and electronic comments will be accepted in
Strip from Brazil, the People’s Republic of China Microsoft Word or Excel or Adobe PDF
and the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of Sales
file formats only. All comments
at Less Than Fair Value for the United Arab received are a part of the public record
Emirates, 73 FR 66595, 66596 (November 10, 2008). and will generally be posted online at
VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/83_FR_14481/page/2.svg)
Document Created: 2018-11-01 09:10:20
Document Modified: 2018-11-01 09:10:20
| 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 Date: April 4, 2018. | |
| 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 | 83 FR 14416 |
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