83_FR_39842 83 FR 39687 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

83 FR 39687 - Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range39687-39688
FR Document2018-17179

The Department of Commerce (Commerce) 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, 2016, through June 30, 2017. We preliminarily determine that Nan Ya Plastics Corporation (Nan Ya) did not make sales below normal value (NV) and that Shinkong Materials Technology Corporation (SMTC) had no shipments during the POR. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018) 
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39687-39688]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17179]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) 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, 2016, through June 30, 2017. We 
preliminarily determine that Nan Ya Plastics Corporation (Nan Ya) did 
not make sales below normal value (NV) and that Shinkong Materials 
Technology Corporation (SMTC) had no shipments during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable August 10, 2018.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255, 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, ``Decision Memorandum for Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2016-
2017'' (Preliminary Decision Memorandum), which is hereby adopted by 
this notice.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by SMTC and its affiliate, 
Shinkong Synthetic Fibers Corp. (SSFC), we preliminarily determine that 
SMTC had no shipments of the subject merchandise during the POR.

Methodology

    Commerce 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 at the 
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.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period July 1, 2016, 
through June 30, 2017.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 
19 CFR 351.309(c), interested parties may submit case briefs not later 
than 30 days after the date of publication of this notice. 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.\2\ 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.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Acting 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS. An electronically filed document must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and

[[Page 39688]]

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. Commerce 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, unless 
extended, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If a respondent'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 ad valorem assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\4\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
---------------------------------------------------------------------------

    \4\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after 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.\5\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \5\ 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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h)(1).

    Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Finding of No Shipments for SMTC
V. Product Comparisons
VI. Comparison to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
    F. Calculation of Normal Value Based on Comparison Market Prices
    G. Price-to-Constructed Value Comparisons
    H. Currency Conversion
VII. Recommendation

[FR Doc. 2018-17179 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices 39687 period. Failure to comply with this SUMMARY: The Department of Commerce Preliminary Decision Memorandum is a requirement could result in the (Commerce) is conducting an public document and is on file Secretary’s presumption that administrative review of the electronically via Enforcement and reimbursement of antidumping and/or antidumping duty order on Compliance’s Antidumping and countervailing duties occurred and the polyethylene terephthalate film, sheet, Countervailing Duty Centralized subsequent assessment of double and strip (PET Film) from Taiwan. The Electronic Service System (ACCESS). antidumping duties. period of review (POR) is July 1, 2016, ACCESS is available to registered users through June 30, 2017. We preliminarily at http://access.trade.gov and is Notification to Interested Parties available to all parties in the Central determine that Nan Ya Plastics We are issuing and publishing these Corporation (Nan Ya) did not make sales Records Unit in Room B8024 of the results in accordance with sections below normal value (NV) and that main Commerce building. In addition, a 751(a)(1) and 777(i)(1) of the Act, and 19 Shinkong Materials Technology complete version of the Decision CFR 351.213(h)(1). Corporation (SMTC) had no shipments Memorandum can be accessed directly Dated: August 2018. during the POR. Interested parties are on the internet at http://enforcement. James Maeder, invited to comment on these trade.gov/frn/index.html. The signed preliminary results. and electronic versions of the Associate Deputy Assistant Secretary for DATES: Applicable August 10, 2018. Preliminary Decision Memorandum are Antidumping and Countervailing Duty Operations performing the duties of Deputy FOR FURTHER INFORMATION CONTACT: identical in content. Assistant Secretary for Antidumping and Jacqueline Arrowsmith at (202) 482– Preliminary Results of Review Countervailing Duty Operations. 5255, AD/CVD Operations, Office VII, As a result of this review, we Appendix Enforcement and Compliance, preliminarily determine the following International Trade Administration, weighted-average dumping margin for List of Topics Discussed in the Preliminary U.S. Department of Commerce, 1401 Decision Memorandum the period July 1, 2016, through June 30, Constitution Avenue NW, Washington, 2017. I. Summary DC 20230. II. Background SUPPLEMENTARY INFORMATION: Weighted- III. Scope of the Order average IV. Discussion of Methodology Scope of the Order Manufacturer/exporter dumping A. Comparisons to Normal Value margin 1. Determination of Comparison Method The merchandise subject to the order (percent) 2. Results of the Differential Pricing (DP) is PET Film. The PET Film subject to Analysis the order is currently classifiable under Nan Ya Plastics Corporation ...... 0.00 B. Product Comparisons subheading 3920.62.00.90 of the C. Date of Sale Harmonized Tariff Schedule of the Disclosure and Public Comment D. Export Price/Constructed Export Price United States.1 E. Normal Value We intend to disclose the calculations 1. Home Market Viability Preliminary Determination of No performed to parties in this proceeding 2. Affiliated Party Transactions and the Shipments within five days after public Arm’s-Length Test Based on our analysis of U.S. Customs announcement of the preliminary 3. Cost of Production results in accordance with 19 CFR and Border Protection (CBP) a. Calculation of Cost of Production 351.224(b). Pursuant to 19 CFR b. Test of Comparison Market Prices information and information provided by SMTC and its affiliate, Shinkong 351.309(c), interested parties may c. Results of the COP Test F. Level of Trade Synthetic Fibers Corp. (SSFC), we submit case briefs not later than 30 days G. Calculation of Normal Value Based on preliminarily determine that SMTC had after the date of publication of this Comparison Market Prices no shipments of the subject notice. Rebuttal briefs, limited to issues H. Calculation of Normal Value Based on merchandise during the POR. raised in the case briefs, may be filed Constructed Value not later than five days after the date for I. Margins for Companies Not Selected for Methodology filing case briefs.2 Parties who submit Individual Examination Commerce is conducting this review case briefs or rebuttal briefs in this J. Currency Conversion in accordance with section 751(a)(2) of proceeding are encouraged to submit V. Recommendation with each argument: (1) A statement of the Tariff Act of 1930, as amended (the [FR Doc. 2018–17047 Filed 8–9–18; 8:45 am] Act). Export price is calculated in the issue; (2) a brief summary of the BILLING CODE 3510–DS–P accordance with section 772 of the Act. argument; and (3) a table of authorities.3 NV is calculated in accordance with Pursuant to 19 CFR 351.310(c), section 773 of the Act. interested parties who wish to request a DEPARTMENT OF COMMERCE For a full description of the hearing, must submit a written request methodology underlying our to the Acting Assistant Secretary for International Trade Administration conclusions, see the Preliminary Enforcement and Compliance, filed [A–583–837] Decision Memorandum. A list of topics electronically via ACCESS. An included in the Preliminary Decision electronically filed document must be Polyethylene Terephthalate Film, Memorandum is included at the received successfully in its entirety by Sheet, and Strip From Taiwan: Appendix to this notice. The Commerce’s electronic records system, Preliminary Results of Antidumping ACCESS, by 5 p.m. Eastern Time within daltland on DSKBBV9HB2PROD with NOTICES Duty Administrative Review and 1 A full description of the scope of the order is 30 days after the date of publication of Preliminary Determination of No contained in the memorandum, ‘‘Decision this notice. Requests should contain: (1) Memorandum for Preliminary Results and Partial The party’s name, address and Shipments; 2016–2017 Rescission of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, AGENCY: Enforcement and Compliance, and Strip from Taiwan; 2016–2017’’ (Preliminary 2 See19 CFR 351.309(d). International Trade Administration, Decision Memorandum), which is hereby adopted 3 See19 CFR 351.303 (for general filing U.S. Department of Commerce. by this notice. requirements). VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1

39688 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices telephone number; (2) the number of review (except, if the rate is zero or de DEPARTMENT OF COMMERCE participants; and (3) a list of issues to be minimis, no cash deposit will be discussed. Issues raised in the hearing required); (2) for previously reviewed or International Trade Administration will be limited to those raised in the investigated companies not listed above, respective case briefs. Commerce the cash deposit rate will continue to be Initiation of Antidumping and intends to issue the final results of this the company-specific rate published for Countervailing Duty Administrative administrative review, including the the most recent period; (3) if the Reviews results of its analysis of the issues raised exporter is not a firm covered in this AGENCY: Enforcement and Compliance, in any written briefs, not later than 120 review, a prior review, or the less-than- International Trade Administration, days after the date of publication of this fair-value investigation, but the Department of Commerce. notice, unless extended, pursuant to manufacturer is, the cash deposit rate SUMMARY: The Department of Commerce section 751(a)(3)(A) of the Act. will be the rate established for the most (Commerce) has received requests to Assessment Rates recent period for the manufacturer of conduct administrative reviews of the merchandise; and (4) the cash various antidumping and countervailing Upon completion of this deposit rate for all other manufacturers duty orders and findings with June administrative review, Commerce shall or exporters is 2.40 percent.5 These cash anniversary dates. In accordance with determine and U.S. Customs and Border deposit requirements, when imposed, Commerce’s regulations, we are Protection (CBP) shall assess shall remain in effect until further initiating those administrative reviews. antidumping duties on all appropriate notice. entries. If a respondent’s weighted- DATES: Applicable August 10, 2018. average dumping margin is not zero or Notification to Interested Parties FOR FURTHER INFORMATION CONTACT: de minimis (i.e., less than 0.5 percent) Brenda E. Brown, Office of AD/CVD This notice also serves as a Operations, Customs Liaison Unit, in the final results of this review, we preliminary reminder to importers of Enforcement and Compliance, will calculate importer-specific ad their responsibility under 19 CFR International Trade Administration, valorem assessment rates on the basis of 351.402(f)(2) to file a certificate U.S. Department of Commerce, 1401 the ratio of the total amount of dumping regarding the reimbursement of Constitution Avenue NW, Washington, calculated for an importer’s examined antidumping duties prior to liquidation DC 20230, telephone: (202) 482–4735. sales and the total entered value of such of the relevant entries during this sales in accordance with 19 CFR SUPPLEMENTARY INFORMATION: 351.212(b)(1). Where either the review period. Failure to comply with this requirement could result in the Background respondent’s weighted-average dumping margin is zero or de minimis within the Secretary’s presumption that Commerce has received timely meaning of 19 CFR 351.106(c), or an reimbursement of antidumping duties requests, in accordance with 19 CFR importer-specific rate is zero or de occurred and the subsequent assessment 351.213(b), for administrative reviews of minimis, we will instruct CBP to of double antidumping duties. various antidumping and countervailing liquidate the appropriate entries We are issuing and publishing these duty orders and findings with June without regard to antidumping duties. preliminary results in accordance with anniversary dates. Commerce clarified its ‘‘automatic sections 751(a)(1) and 777(i)(1) of the All deadlines for the submission of assessment’’ regulation on May 6, 2003.4 Act and 19 CFR 351.213(h)(1). various types of information, This clarification applies to entries of Dated: August 3, 2018. certifications, or comments or actions by subject merchandise during the POR Commerce discussed below refer to the Christian Marsh, produced by a respondent for which it number of calendar days from the Deputy Assistant Secretary for Enforcement did not know its merchandise was applicable starting time. and Compliance. destined for the United States. In such Notice of No Sales instances, we will instruct CBP to Appendix liquidate unreviewed entries at the all- If a producer or exporter named in List of Topics Discussed in the Preliminary others rate if there is no rate for the this notice of initiation had no exports, Decision Memorandum intermediate company(ies) involved in sales, or entries during the period of I. Summary review (POR), it must notify Commerce the transaction. II. Background We intend to issue instructions to within 30 days of publication of this III. Scope of the Order CBP 15 days after publication of the IV. Preliminary Finding of No Shipments for notice in the Federal Register. All final results of this review. SMTC submissions must be filed electronically V. Product Comparisons at http://access.trade.gov in accordance Cash Deposit Requirements VI. Comparison to Normal Value with 19 CFR 351.303.1 Such The following deposit requirements A. Determination of Comparison Method submissions are subject to verification will be effective for all shipments of B. Results of the Differential Pricing in accordance with section 782(i) of the PET Film from Taiwan entered, or Analysis Tariff Act of 1930, as amended (the Act). withdrawn from warehouse, for C. Date of Sale Further, in accordance with 19 CFR consumption on or after the date of D. Export Price 351.303(f)(1)(i), a copy must be served E. Normal Value publication of the final results of this on every party on Commerce’s service F. Calculation of Normal Value Based on administrative review, as provided for Comparison Market Prices list. by section 751(a)(2)(C) of the Act: (1) G. Price-to-Constructed Value Comparisons Respondent Selection daltland on DSKBBV9HB2PROD with NOTICES The cash deposit rate for the company H. Currency Conversion under review will be the rate VII. Recommendation In the event Commerce limits the established in the final results of this [FR Doc. 2018–17179 Filed 8–9–18; 8:45 am] number of respondents for individual BILLING CODE 3510–DS–P 4 For a full discussion of this clarification, see 1 See Antidumping and Countervailing Duty Antidumping and Countervailing Duty Proceedings: Proceedings: Electronic Filing Procedures; Assessment of Antidumping Duties, 68 FR 23954 5 See PET Film from Taiwan Amended Final Administrative Protective Order Procedures, 76 FR (May 6, 2003) (Assessment Policy Notice). Determination. 39263 (July 6, 2011). VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1


Document Created: 2018-08-10 01:57:24
Document Modified: 2018-08-10 01:57:24
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
DatesApplicable August 10, 2018.
ContactJacqueline Arrowsmith at (202) 482- 5255, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 39687 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR