83 FR 6162 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 30 (February 13, 2018)
International Trade Administration
Federal Register Volume 83, Issue 30 (February 13, 2018)
| Page Range | 6162-6163 | |
| FR Document | 2018-02830 |
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)] [Notices] [Pages 6162-6163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02830] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Jindal Poly Films Limited made sales of subject merchandise at less than normal value, but that SRF Limited did not. The period of review (POR) is July 1, 2015, through June 30, 2016. Applicable Date: February 13, 2018. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 5255. SUPPLEMENTARY INFORMATION: Background On August 7, 2017, the Department of Commerce (Commerce) published the Preliminary Results.\1\ For a history of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.\2\ The Issues and 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, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://trade.gov/login.aspx. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016, 82 FR 36735 (August 7, 2017) (Preliminary Results). \2\ See Department Memorandum, ``Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film from India; 2015-2016 Administrative Review'' (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 to January 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 deadline for the final results of this administrative review is now February 6, 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 AD order are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet, and strip (PET Film), whether extruded or coextruded. 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 of more than 0.00001 inches thick. Imports of PET Film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the AD order is dispositive. Analysis of Comments Received All issues raised in the case brief and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is attached to this notice as an Appendix. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made changes to SRF's and Jindal's calculations.\4\ SRF's margin is unchanged at zero percent, while the margin for Jindal is now 1.57 percent. --------------------------------------------------------------------------- \4\ See Memoranda to Thomas Gilgunn, Program Manager ``Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal Poly Films Limited, and ``Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF Limited,'' both dated concurrently with these final results. --------------------------------------------------------------------------- Final Results of Review As a result of our review, we determine the following weighted- average dumping margins exist for the period July 1, 2015, through June 30, 2016. --------------------------------------------------------------------------- \5\ The Initiation Notice also lists the company as Jindal Poly Films Ltd. (India). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation Notice). As noted in the Preliminary Decision Memoranda, dated concurrently with the Federal Register notice, the Department has determined that Jindal Poly Films Limited of India is the same company as Jindal Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016 82 FR 36735 (August 7, 2017). ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Jindal Poly Films Limited of India \5\................. 1.57 SRF Limited............................................ 0.00 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed to parties in this proceeding [[Page 6163]] within five days after the public announcement of the final results, in accordance with section 751(a) of the Act and 19 CFR 351.224(b). Assessment Rates Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. For Jindal, we will base the assessment rate for the corresponding entries on the margin listed above. For entries of subject merchandise produced by Jindal or SRF for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the less-than fair-value (LTFV) investigation, 5.71 percent,\6\ if there is no rate for the intermediate company(ies) involved in the transaction.\7\ Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries produced and exported by SRF during the POR. --------------------------------------------------------------------------- \6\ See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 44175 (July 1, 2002) (Amended Final Determination). \7\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of PET Film from India 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 companies under review will be as follows 1.57 percent for merchandise exported by Jindal and zero percent for merchandise exported by SRF; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period for that company; (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 in the completed segment for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any other completed segment of this proceeding, then the cash deposit rate will be the all others rate of 5.71 percent, which is the all others rate established by Commerce in the LTFV investigation adjusted for the export subsidy rate in the countervailing duty investigation.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Amended Final Determination. --------------------------------------------------------------------------- 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 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 doubled antidumping duties. Notifications to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation. Commerce is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221. Dated: February 6, 2018. 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 I. Summary II. Background Scope of the Order III. Discussion of the Issues Comment 1: Whether To Grant Certain Post-Sale Price Adjustments to Jindal for the Final Results Comment 2: Whether To Grant Certain Post-Sale Price Adjustments to SRF for the Final Results Comment 3: Whether To Revise SRF's Program [FR Doc. 2018-02830 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
![6162 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
The production activity described in the Compliance, International Trade metallized films and other finished
notification was authorized, subject to Administration, U.S. Department of films that have had at least one of their
the FTZ Act and the FTZ Board’s Commerce, 14th Street and Constitution surfaces modified by the application of
regulations, including Section 400.14, Avenue NW, Washington, DC 20230; a performance-enhancing resinous or
subject to a restriction requiring that telephone: (202) 482–5255. inorganic layer of more than 0.00001
curtains be admitted to the zone in SUPPLEMENTARY INFORMATION: inches thick. Imports of PET Film are
privileged foreign status (19 CFR currently classifiable in the Harmonized
146.41) or domestic status (19 CFR Background Tariff Schedule of the United States
146.43), and further subject to the On August 7, 2017, the Department of (HTSUS) under item number
following conditions: Commerce (Commerce) published the 3920.62.00.90. HTSUS subheadings are
(1) Any foreign steel mill products Preliminary Results.1 For a history of provided for convenience and customs
admitted to the zone for the Vision events that have occurred since the purposes. The written description of the
Technologies Marine, Inc., activity, Preliminary Results, see the Issues and scope of the AD order is dispositive.
including plate, angles, shapes, Decision Memorandum.2 The Issues and
Analysis of Comments Received
channels, rolled steel stock, bars, pipes Decision Memorandum is a public
and tubes, not incorporated into document and is on file electronically All issues raised in the case brief and
merchandise otherwise classified, and via Enforcement and Compliance’s rebuttal briefs are addressed in the
which is used in manufacturing, shall Antidumping and Countervailing Duty Issues and Decision Memorandum,
be subject to full customs duties in Centralized Electronic Service System which is attached to this notice as an
accordance with applicable law, unless (ACCESS). ACCESS is available to Appendix.
the Executive Secretary determines that registered users at http:// Changes Since the Preliminary Results
the same item is not then being access.trade.gov, and is available to all
parties in the Central Records Unit, Based on a review of the record and
produced by a domestic steel mill.
(2) Vision Technologies Marine, Inc., Room B8024 of the main Department of comments received from interested
shall meet its obligation under 15 CFR Commerce building. In addition, a parties regarding our Preliminary
complete version of the Issues and Results, we made changes to SRF’s and
400.13(b) by annually advising the FTZ
Decision Memorandum can be accessed Jindal’s calculations.4 SRF’s margin is
Board’s Executive Secretary as to
directly on the internet at http:// unchanged at zero percent, while the
significant new contracts with
trade.gov/login.aspx. The signed Issues margin for Jindal is now 1.57 percent.
appropriate information concerning
foreign purchases otherwise dutiable, so and Decision Memorandum and the Final Results of Review
that the FTZ Board may consider electronic versions of the Issues and
As a result of our review, we
whether any foreign dutiable items are Decision Memorandum are identical in
determine the following weighted-
being imported for manufacturing in the content.
Commerce exercised its discretion to average dumping margins exist for the
zone primarily because of FTZ period July 1, 2015, through June 30,
procedures and whether the FTZ Board toll deadlines affected by the closure of
the Federal Government from January 2016.
should consider requiring customs
duties to be paid on such items. 20 to January 22, 2018. If the new
Weighted-
deadline falls on a non-business day, in average
Dated: February 7, 2018. accordance with Commerce’s practice, Producer or exporter dumping
Andrew McGilvray, the deadline will become the next margin
Executive Secretary. business day. The deadline for the final (percent)
[FR Doc. 2018–02910 Filed 2–12–18; 8:45 am] results of this administrative review is Jindal Poly Films Limited of
BILLING CODE 3510–DS–P now February 6, 2018.3 India 5 ................................ 1.57
Scope of the Order SRF Limited .......................... 0.00
DEPARTMENT OF COMMERCE The products covered by the AD order
Disclosure
are all gauges of raw, pretreated, or
International Trade Administration primed polyethylene terephthalate film, We intend to disclose the calculations
sheet, and strip (PET Film), whether performed to parties in this proceeding
[A–533–824]
extruded or coextruded. Excluded are
4 See Memoranda to Thomas Gilgunn, Program
Polyethylene Terephthalate Film, Manager ‘‘Analysis Memorandum for the Final
1 See Polyethylene Terephthalate Film, Sheet, and
Sheet, and Strip From India: Final Results of the Antidumping Duty Administrative
Strip from India: Preliminary Results and Partial
Results of Antidumping Duty Rescission of Antidumping Duty Administrative
Review of Polyethylene Terephthalate Film, Sheet,
Administrative Review; 2015–2016 and Strip from India: Jindal Poly Films Limited,
Review; 2015–2016, 82 FR 36735 (August 7, 2017) and ‘‘Analysis Memorandum for the Final Results
(Preliminary Results). of the Antidumping Duty Administrative Review of
AGENCY: Enforcement and Compliance, 2 See Department Memorandum, ‘‘Issues and
Polyethylene Terephthalate Film, Sheet, and Strip
International Trade Administration, Decision Memorandum for the Final Results of from India: SRF Limited,’’ both dated concurrently
Department of Commerce. Antidumping Duty Administrative Review: with these final results.
Polyethylene Terephthalate Film from India; 2015– 5 The Initiation Notice also lists the company as
SUMMARY: The Department of Commerce 2016 Administrative Review’’ (Issues and Decision Jindal Poly Films Ltd. (India). See Initiation of
(Commerce) determines that Jindal Poly Memorandum), dated concurrently with, and Antidumping and Countervailing Duty
Films Limited made sales of subject hereby adopted by, this notice. Administrative Reviews, 81 FR 62720 (September
merchandise at less than normal value, 3 See Memorandum for The Record from
sradovich on DSK3GMQ082PROD with NOTICES
12, 2016) (Initiation Notice). As noted in the
but that SRF Limited did not. The Christian Marsh, Deputy Assistant Secretary for Preliminary Decision Memoranda, dated
Enforcement and Compliance, performing the non- concurrently with the Federal Register notice, the
period of review (POR) is July 1, 2015, exclusive functions and duties of the Assistant Department has determined that Jindal Poly Films
through June 30, 2016. Secretary for Enforcement and Compliance, Limited of India is the same company as Jindal Poly
Applicable Date: February 13, 2018. ‘‘Deadlines Affected by the Shutdown of the Films Ltd. (India). See Polyethylene Terephthalate
Federal Government’’ (Tolling Memorandum), Film, Sheet, and Strip from India: Preliminary
FOR FURTHER INFORMATION CONTACT:
dated January 23, 2018. All deadlines in this Results and Partial Rescission of Antidumping Duty
Jacqueline Arrowsmith, AD/CVD segment of the proceeding have been extended by Administrative Review; 2015–2016 82 FR 36735
Operations, Office VII, Enforcement and 3 days. (August 7, 2017).
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![Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices 6163
within five days after the public exporter nor the manufacturer is a firm DEPARTMENT OF COMMERCE
announcement of the final results, in covered in this or any other completed
accordance with section 751(a) of the segment of this proceeding, then the International Trade Administration
Act and 19 CFR 351.224(b). cash deposit rate will be the all others [A–583–854]
rate of 5.71 percent, which is the all
Assessment Rates
others rate established by Commerce in Certain Steel Nails From Taiwan: Final
Commerce will determine, and CBP the LTFV investigation adjusted for the Results of Antidumping Duty
shall assess, antidumping duties on all export subsidy rate in the countervailing Administrative Review and Partial
appropriate entries in this review, in duty investigation.8 These cash deposit Rescission of Administrative Review;
accordance with section 751(a)(2)(C) of requirements, when imposed, shall 2015–2016
the Act and 19 CFR 351.212(b)(1). remain in effect until further notice.
Commerce intends to issue assessment AGENCY: Enforcement and Compliance,
instructions directly to CBP 15 days Notification to Importers International Trade Administration,
after publication of these final results of This notice serves as a final reminder Department of Commerce.
review. For Jindal, we will base the to importers of their responsibility SUMMARY: The Department of Commerce
assessment rate for the corresponding under 19 CFR 351.402(f)(2) to file a (Commerce) determines, based on the
entries on the margin listed above. certificate regarding the reimbursement application of adverse facts available,
For entries of subject merchandise of antidumping duties prior to that Bonuts Hardware Logistic Co., Ltd.
produced by Jindal or SRF for which it liquidation of the relevant entries (Bonuts), PT Enterprise, Inc./Pro-Team
did not know its merchandise was during this review period. Failure to Coil Nail Enterprise, Inc. (PT/Pro-
destined for the United States, we will comply with this requirement could Team), and Unicatch Industrial Co. Ltd.
instruct CBP to liquidate unreviewed result in the Secretary’s presumption (Unicatch) made sales of certain steel
entries at the all-others rate established that reimbursement of antidumping nails (nails) from Taiwan at prices
in the less-than fair-value (LTFV) duties occurred and the subsequent below normal value during the period of
investigation, 5.71 percent,6 if there is assessment of doubled antidumping review (POR) of May 20, 2015, through
no rate for the intermediate duties. June 30, 2016.
company(ies) involved in the DATES: Applicable February 13, 2018.
transaction.7 Pursuant to 19 CFR Notifications to Interested Parties
FOR FURTHER INFORMATION CONTACT:
351.106(c)(2), we will instruct CBP to This notice also serves as a reminder Scott Hoefke or Victoria Cho, AD/CVD
liquidate without regard to antidumping to parties subject to administrative Operations, Office VI, Enforcement and
duties any entries produced and protective order (APO) of their Compliance, International Trade
exported by SRF during the POR. responsibility concerning the Administration, Department of
destruction of proprietary information Commerce, 1401 Constitution Avenue
Cash Deposit Requirements disclosed under APO in accordance NW, Washington, DC 20230; telephone:
The following cash deposit with 19 CFR 351.305(a)(3). Timely (202) 482–4947 or (202) 482–5075,
requirements will be effective for all written notification of the return or respectively.
shipments of PET Film from India destruction of APO materials or
entered, or withdrawn from warehouse, conversion to judicial protective order is SUPPLEMENTARY INFORMATION:
for consumption on or after the date of hereby requested. Failure to comply Background
publication of the final results of this with the regulations and terms of an
administrative review, as provided for On August 7, 2017, Commerce
APO is a sanctionable violation.
by section 751(a)(2)(C) of the Act: (1) Commerce is issuing and publishing published the Preliminary Results of
The cash deposit rate for the companies these final results of administrative this administrative review.1 For the
under review will be as follows 1.57 review in accordance with sections events that occurred since the
percent for merchandise exported by 751(a)(1) and 777(i)(1) of the Act, and 19 Preliminary Results, see the Issues and
Jindal and zero percent for merchandise CFR 351.221. Decision Memorandum.2 These final
exported by SRF; (2) for previously results cover five companies.3
Dated: February 6, 2018. Commerce exercised its discretion to
reviewed or investigated companies not
Gary Taverman, toll deadlines affected by the closure of
listed above, the cash deposit rate will
continue to be the company-specific rate Deputy Assistant Secretary for Antidumping the Federal Government from January
and Countervailing Duty Operations, 20 through 22, 2018. If the new deadline
published in the completed segment for performing the non-exclusive functions and
the most recent period for that falls on a non-business day, in
duties of the Assistant Secretary for
company; (3) if the exporter is not a firm Enforcement and Compliance. 1 See Certain Steel Nails from Taiwan:
covered in this review, a prior review,
Appendix Preliminary Results of Antidumping Duty
or the less-than-fair-value investigation, Administrative Review and Partial Rescission of
but the manufacturer is, the cash I. Summary Administrative Review; 2015–2016, 82 FR 36744
deposit rate will be the rate established II. Background Scope of the Order (August 7, 2017) (Preliminary Results), and
in the completed segment for the most III. Discussion of the Issues accompanying Memorandum, ‘‘Decision
Comment 1: Whether To Grant Certain Memorandum for Preliminary Results of
recent period for the manufacturer of Antidumping Duty Administrative Review: Certain
the merchandise; and (4) if neither the Post-Sale Price Adjustments to Jindal for
Steel Nails from Taiwan; 2015–2016,’’ dated July
the Final Results
31, 2017 (Preliminary Decision Memorandum).
6 See Notice of Amended Final Antidumping Duty
Comment 2: Whether To Grant Certain 2 See Memorandum, ‘‘Issues and Decision
sradovich on DSK3GMQ082PROD with NOTICES
Post-Sale Price Adjustments to SRF for Memorandum for the Final Results of the 2015–
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Polyethylene the Final Results 2016 Administrative Review of the Antidumping
Terephthalate Film, Sheet, and Strip from India, 67 Comment 3: Whether To Revise SRF’s Duty Order on Certain Steel Nails from Taiwan’’
FR 44175 (July 1, 2002) (Amended Final Program (Issues and Decision Memorandum), dated
Determination). [FR Doc. 2018–02830 Filed 2–12–18; 8:45 am] concurrently with this notice and incorporated
7 See Antidumping Proceedings: Calculation of herein by reference.
BILLING CODE 3510–DS–P
the Weighted-Average Dumping Margin and 3 The five companies consist of three mandatory
Assessment Proceedings; Final Modification, 77 FR respondents and two companies not individually
8101, 8102 (February 14, 2012) (Final Modification). 8 See Amended Final Determination. examined.
VerDate Sep<11>2014 23:12 Feb 12, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1](https://thefederalregister.org/doc/83_FR_6192/page/2.svg)
Document Created: 2018-02-13 02:32:14
Document Modified: 2018-02-13 02:32:14
| 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 | February 13, 2018. | |
| Contact | Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 5255. | |
| FR Citation | 83 FR 6162 |
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