83 FR 63157 - Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 235 (December 7, 2018)
International Trade Administration
Federal Register Volume 83, Issue 235 (December 7, 2018)
| Page Range | 63157-63159 | |
| FR Document | 2018-26545 |
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)] [Notices] [Pages 63157-63159] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26545] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-803] Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that JBF RAK LLC, the sole producer/exporter [[Page 63158]] subject to this administrative review, has made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results. DATES: Applicable December 7, 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 is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from the United Arab Emirates (UAE). The notice of initiation of this administrative review was published on January 11, 2018.\1\ This review only covers JBF RAK LLC, a producer and exporter of the subject merchandise. The period of review is November 1, 2016, through October 31, 2017. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 1329, 1333 (January 11, 2018). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is polyethylene terephthalate film. The product is currently classified under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS number is provided for convenience and for customs purposes, the written product description, available in the Preliminary Decision Memorandum, remains dispositive.\2\ --------------------------------------------------------------------------- \2\ See Memorandum, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum, which is hereby adopted by this notice.\3\ A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum 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 https://access.trade.gov and in the Central Records Unit in Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Preliminary Results of Review As a result of our review, we preliminarily determine the following weighted-average dumping margin for the period November 1, 2016, through October 31, 2017: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ JBF RAK LLC................................................. 57.33 ------------------------------------------------------------------------ Disclosure and Public Comment Commerce intends to disclose the calculations used in our analysis for the preliminary results to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), 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 not be filed later than five days after the time limit for filing case briefs.\4\ Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.\5\ Executive summaries should be limited to five pages total, including footnotes.\6\ All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the established deadline. --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(d)(1). \5\ See 19 CFR 351.309(c)(2), (d)(2). \6\ Id. --------------------------------------------------------------------------- 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. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a hearing is requested, Commerce will notify interested parties of the hearing schedule. We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.\7\ --------------------------------------------------------------------------- \7\ See section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- Assessment Rates Upon issuing the final results of the review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. For any individually examined respondents whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).\8\ 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 either 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. --------------------------------------------------------------------------- \8\ In these preliminary results, Commerce applied the calculation methodology 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). --------------------------------------------------------------------------- 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 [[Page 63159]] of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results for all shipments of PET Film from the UAE 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 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 will continue to be 4.05 percent, the all- others rate established in the 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, 66597 (November 10, 2008). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1). Dated: November 29, 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--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Date of Sale 5. Discussion of Methodology 6. Product Comparisons 7. Export Price/Constructed Export Price 8. Normal Value 9. Currency Conversions 10. Conclusion [FR Doc. 2018-26545 Filed 12-6-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices 63157
Weighted- Consistent with Commerce’s reimbursement of antidumping duties
average assessment practice, for entries of occurred and the subsequent assessment
Producer or exporter dumping
margin subject merchandise during the POR of double antidumping duties.16
(percent) produced by any company upon which
Administrative Protective Orders
Borusan Mannesmann Boru Sanayi ve
we initiated an administrative review,
Ticaret A.S./Borusan Istikbal Ticaret for which they did not know that the This notice also serves as a reminder
T.A.S .................................................. 2.55 merchandise was destined for the to parties subject to administrative
Toscelik Profil ve Sac Endustrisi A.S./ United States, we will instruct CBP to protective order (APO) of their
Tosyali Dis Ticaret A.S./Toscelik liquidate unreviewed entries at the all- responsibility concerning the
Metal Ticaret A.S ............................... 0.00
Cayirova Boru Sanayi ve Ticaret A.S ... 2.55 others rate if there is no rate for the destruction of proprietary information
Yücel Boru ve Profil Endustrisi A.S ...... 2.55 intermediate company(ies) involved in disclosed under APO in accordance
Yücel boru Ihracat Ithalat ve Pazarlama the transaction.14 with 19 CFR 351.305(a)(3). Timely
A.S ..................................................... 2.55 We intend to issue instructions to written notification of the return or
CBP 15 days after publication of the destruction of APO materials or
Disclosure final results of this review. conversion to judicial protective order is
We intend to disclose the calculations hereby requested. Failure to comply
Cash Deposit Requirements
performed for these final results of with the regulations and terms of an
review within five days of the date of The following cash deposit APO is a sanctionable violation.
publication of this notice in the Federal requirements will be effective for all We are issuing and publishing these
Register, in accordance with 19 CFR shipments of subject merchandise results in accordance with sections
351.224(b). entered, or withdrawn from warehouse, 751(a)(1) and 777(i)(1) of the Act and 19
for consumption on or after the CFR 351.213(h) and 351.221(b)(5) of
Duty Assessment publication date of the final results of Commerce’s regulations.
Commerce shall determine, and CBP this administrative review, as provided
Dated: November 30, 2018.
shall assess, antidumping duties on all by section 751(a)(2)(C) of the Act: (1)
Gary Taverman,
appropriate entries covered by this The cash deposit rates will be equal to
the weighted-average dumping margins Deputy Assistant Secretary for Antidumping
review pursuant to section 751(a)(2)(C) and Countervailing Duty Operations,
of the Act and 19 CFR 351.212(b)(1). established in the final results of this
performing the non-exclusive functions and
For Borusan, because its weighted- review; (2) for previously reviewed or duties of the Assistant Secretary for
average dumping margin is not zero or investigated companies not Enforcement and Compliance.
de minimis (i.e., less than 0.5 percent), participating in this review, the cash
deposit rate will continue to be the Appendix
Commerce has calculated importer-
specific antidumping duty assessment company-specific rate published for the List of Topics Discussed in the Issues and
rates. We calculated importer-specific most recently completed segment of this Decision Memorandum
ad valorem antidumping duty proceeding in which the company was 1. Summary
assessment rates by aggregating the total reviewed; (3) if the exporter is not a firm 2. Background
amount of dumping calculated for the covered in this review, a previous 3. Scope of the Order
review, or the original less-than-fair- 4. Discussion of the Issues
examined sales of each importer and Comment 1: Yucel Group’s No-Shipments
dividing each of these amounts by the value (LTFV) investigation, but the
manufacturer is, the cash deposit rate Claim
total entered value associated with those Comment 2: Calculation of Toscelik’s Total
sales. We will instruct CBP to assess will be the rate established for the most Cost of Manufacture
antidumping duties on all appropriate recently completed segment of this Comment 3: Calculation of Toscelik’s
entries covered by this review where an proceeding for the manufacturer of Average Cost of Production
importer-specific assessment rate is not subject merchandise; and (4) the cash Comment 4: Calculation of Borusan’s Gross
zero or de minimis. Pursuant to 19 CFR deposit rate for all other manufacturers Unit Price
or exporters will continue to be 14.74 5. Recommendation
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping percent, the all-others rate established [FR Doc. 2018–26544 Filed 12–6–18; 8:45 am]
duties any entries for which the in the LTFV investigation.15 These BILLING CODE 3510–DS–P
importer-specific assessment rate is zero deposit requirements, when imposed,
or de minimis. shall remain in effect until further
For Toscelik, we will instruct CBP to notice. DEPARTMENT OF COMMERCE
liquidate its entries during the POR Notification to Importers International Trade Administration
imported by the importers identified in
This notice serves as a final reminder
its questionnaire responses without [A–520–803]
to importers of their responsibility
regard to antidumping duties because its
under 19 CFR 351.402(f)(2) to file a Polyethylene Terephthalate Film,
weighted-average dumping margin in
certificate regarding the reimbursement Sheet, and Strip From the United Arab
these final results is zero.13
of antidumping duties prior to Emirates: Preliminary Results of
For companies that were not selected
liquidation of the relevant entries Antidumping Duty Administrative
for individual examination, we will
during this review period. Failure to Review; 2016–2017
instruct CBP to liquidate unreviewed
comply with this requirement could
entries based on the methodology AGENCY: Enforcement and Compliance,
result in the presumption that
amozie on DSK3GDR082PROD with NOTICES
described in the ‘‘Final Rates for Non- International Trade Administration,
Examined Companies’’ section, above. 14 For a full discussion of this practice, see Department of Commerce.
Antidumping and Countervailing Duty Proceedings: SUMMARY: The Department of Commerce
13 See Antidumping Proceeding: Calculation of Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
(Commerce) preliminarily finds that JBF
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty 15 See Antidumping Duty Order; Welded Carbon RAK LLC, the sole producer/exporter
Proceedings; Final Modification, 77 FR 8103 Steel Standard Pipe and Tube Products from
(February 14, 2012). Turkey, 51 FR 17784 (May 15, 1986). 16 See 19 CFR 351.402(f)(3).
VerDate Sep<11>2014 16:56 Dec 06, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/83_FR_63392/page/1.svg)
![Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices 63159
of this review and for future deposits of Dated: November 29, 2018. (Kangtai). Commerce postponed the
estimated duties, where applicable. Gary Taverman, preliminary results of this
Deputy Assistant Secretary for Antidumping administrative review and the revised
Cash Deposit Requirements and Countervailing Duty Operations, deadline is now November 30, 2018.2
performing the non-exclusive functions and For a complete description of the events
The following deposit requirements duties of the Assistant Secretary for
will be effective upon publication of the that followed the initiation of this
Enforcement and Compliance.
final results for all shipments of PET administrative review, see Preliminary
Film from the UAE entered, or Appendix—List of Topics Discussed in Decision Memorandum.3
withdrawn from warehouse, for the Preliminary Decision Memorandum
Scope of the Order
consumption on or after the date of 1. Summary
publication of the final results of this 2. Background The products covered by the order are
administrative review, as provided for 3. Scope of the Order chloro isos, which are derivatives are
4. Date of Sale cyanuric acid, described as chlorinated
by section 751(a)(2)(C) of the Act: (1)
5. Discussion of Methodology s-triazine triones.4 Chloro isos are
The cash deposit rate for the companies 6. Product Comparisons
under review will be the rate 7. Export Price/Constructed Export Price
currently classifiable under subheadings
established in the final results of this 8. Normal Value 2933.69.6015, 2933.69.6021,
review (except, if the rate is zero or de 9. Currency Conversions 2933.69.6050, 3808.50.4000,
minimis, no cash deposit will be 10. Conclusion 3808.94.5000, and 3808.99.9500 of the
required); (2) for previously reviewed or [FR Doc. 2018–26545 Filed 12–6–18; 8:45 am] Harmonized Tariff Schedule of the
investigated companies not listed above, BILLING CODE 3510–DS–P
United States (HTSUS). The HTSUS
the cash deposit rate will continue to be subheadings are provided for
the company-specific rate published for convenience and customs purposes; the
the most recent period; (3) if the DEPARTMENT OF COMMERCE written product description of the scope
of the order is dispositive.
exporter is not a firm covered in this
International Trade Administration
review, a prior review, or the less-than- Methodology
fair-value investigation, but the [C–570–991]
manufacturer is, the cash deposit rate On November 13, 2014, Commerce
will be the rate established for the most Chlorinated Isocyanurates From the published in the Federal Register a
People’s Republic of China: countervailing duty (CVD) order on
recent period for the manufacturer of
Preliminary Results of Countervailing chloro isos from China.5 Commerce is
the merchandise; and (4) the cash
Duty Administrative Review; 2016 conducting this administrative review
deposit rate for all other manufacturers
or exporters will continue to be 4.05 AGENCY: Enforcement and Compliance, in accordance with section 751(a)(1)(A)
International Trade Administration, of the Tariff Act of 1930, as amended
percent, the all-others rate established
Department of Commerce. (the Act). For each of the subsidy
in the investigation.9 These cash deposit
programs found countervailable, we
requirements, when imposed, shall SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that preliminarily find that there is a
remain in effect until further notice.
countervailable subsidies are being subsidy, i.e., a financial contribution
Notification to Importers provided to producers and exporters of from an ‘‘authority’’ that gives rise to a
chlorinated isocyanurates (chloro isos) benefit to the recipient, and that the
This notice also serves as a subsidy is specific.6 In making this
from the People’s Republic of China
preliminary reminder to importers of preliminary finding, Commerce relied,
(China) for the period of review (POR)
their responsibility under 19 CFR in part, on facts otherwise available,
January 1, 2016, through December 31,
351.402(f) to file a certificate regarding with the application of adverse
2016. Interested parties are invited to
the reimbursement of antidumping comment on these preliminary results.
duties prior to liquidation of the 2 See Memorandum, ‘‘Chlorinated Isocyanurates
DATES: Applicable December 7, 2018.
relevant entries during this review from the People’s Republic of China: Extension of
FOR FURTHER INFORMATION CONTACT: Deadline for Preliminary Results of Third
period. Failure to comply with this
Omar Qureshi or Susan Pulongbarit, Countervailing Duty Administrative Review,’’ dated
requirement could result in Commerce’s August 2, 2018; see also Memorandum,
AD/CVD Operations, Office V,
presumption that reimbursement of ‘‘Chlorinated Isocyanurates from the People’s
Enforcement and Compliance, Republic of China: Extension of Deadline for
antidumping duties occurred and the International Trade Administration, Preliminary Results of Third Countervailing Duty
subsequent assessment of double U.S. Department of Commerce, 1401 Administrative Review,’’ dated October 11, 2018.
antidumping duties. Constitution Avenue NW, Washington, 3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Countervailing Duty
These preliminary results of DC 20230; telephone (202) 482–5307 or Administrative Review: Chlorinated Isocyanurates
administrative review are issued and (202) 482–4031, respectively. from the People’s Republic of China,’’ dated
published in accordance with sections SUPPLEMENTARY INFORMATION: concurrently with, and hereby adopted by, this
751(a)(1) and 777(i)(1) of the Act, and 19 notice (Preliminary Decision Memorandum).
Background 4 For a complete description of the Scope of the
CFR 351.213(h)(1). Order, see Countervailing Duty Administrative
Commerce published the notice of Review of Chlorinated Isocyanurates from the
initiation of this administrative review People’s Republic of China: Decision Memorandum
on January 11, 2018.1 This review for the Preliminary Results, published concurrently
amozie on DSK3GDR082PROD with NOTICES
covers two producer/exporters: (1) Heze with this notice.
5 See Chlorinated Isocyanurates from the People’s
9 See Polyethylene Terephthalate Film, Sheet, and Huayi Chemical Co., Ltd. (Huayi); and Republic of China: Countervailing Duty Order, 79
Strip from Brazil, the People’s Republic of China (2) Juancheng Kangtai Chemical Co. Ltd. FR 67424 (November 13, 2014).
and the United Arab Emirates: Antidumping Duty 6 See sections 771(5)(B) and (D) of the Act
Orders and Amended Final Determination of Sales 1 See Initiation of Antidumping and regarding financial contribution; section 771(5)(E)
at Less Than Fair Value for the United Arab Countervailing Duty Administrative Reviews, 83 FR of the Act regarding benefit; and section 771(5A) of
Emirates, 73 FR 66595, 66597 (November 10, 2008). 1329 (January 11, 2018). the Act regarding specificity.
VerDate Sep<11>2014 16:56 Dec 06, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/83_FR_63392/page/3.svg)
Document Created: 2018-12-07 01:52:54
Document Modified: 2018-12-07 01:52:54
| 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 December 7, 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 63157 |
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