Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2014-2015, 17631-17633 [2017-07364]
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17631
Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–857]
Certain Oil Country Tubular Goods
From India: Notice of Court Decision
Not in Harmony With Final
Determination of Sales at Less Than
Fair Value and Final Negative
Determination of Critical
Circumstances and Notice of Amended
Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 16, 2017, the
United States Court of International
Trade (CIT) entered final judgment
sustaining the final results of remand
redetermination pursuant to court order
by the Department of Commerce
(Department) pertaining to the less-thanfair-value (LTFV) investigation of
certain oil country tubular goods
(OCTG) from India. The Department is
notifying the public that the final
judgment in this case is not in harmony
with the Department’s final
determination in the LTFV investigation
of OCTG from India.
DATES: Effective Date: March 26, 2017.
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:
AGENCY:
mstockstill on DSK30JT082PROD with NOTICES
Background
On July 18, 2014, the Department
published its final determination of
sales at LTFV and final negative
determination of critical circumstances
in this proceeding.1 The Department
reached affirmative determinations for
mandatory respondents GVN Fuels
Limited (GVN) and Jindal SAW, Limited
(Jindal SAW). U.S. Steel appealed the
Final Determination to the CIT, and on
May 5, 2016, the CIT sustained, in part,
and remanded, in part, the Final
Determination.2 The court remanded the
Final Determination to the Department
with respect to its differential pricing
analysis, specifically the Department’s
application and explanation of its ratio
1 See Final Determination of Sales at Less Than
Fair Value and Final Negative Determination of
Critical Circumstances: Certain Oil Country Tubular
Good from India, 79 FR 41981 (July 18, 2014) (Final
Determination).
2 See United States Steel Corp. v. United States,
179 F. Supp. 3d 1114 (CIT 2016) (US Steel).
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test in this case, for further explanation
and consideration.3 Further, the court
remanded for further explanation and
consideration the Department’s
determinations that: (1) Jindal SAW was
unaffiliated with certain suppliers of
inputs; (2) Jindal SAW’s yield loss data
reasonably reflected its costs of
production; and (3) the highest COP in
GVN’s cost database should be assigned
to its dual-grade products.4 On August
31, 2016, the Department issued its final
results of redetermination pursuant to
remand in accordance with the CIT’s
order.5 On remand, the Department
revised the weighted-average dumping
margins for both GVN and Jindal SAW.
On March 16, 2017, the CIT sustained
the Department’s Final
Redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(c) of the
Tariff Act of 1930, as amended (the Act),
the Department must publish a notice of
court decision that is not ‘‘in harmony’’
with a Department determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s March 16, 2017, judgment
constitutes a final decision of that court
that is not in harmony with the
Department’s Final Determination. This
notice is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue suspension of liquidation of
subject merchandise pending expiration
of the period of appeal or, if appealed,
pending a final and conclusive court
decision.
Exporter or producer
GVN Fuels Limited ...
Jindal SAW, Limited
Weighted-average
dumping margins
(percentage)
1.07 (de minimis).
11.24.
With respect to GVN, because we
have calculated a de minimis weightedaverage dumping margin, in the event
the court’s ruling is not appealed or, if
appealed, upheld by a final and
conclusive court decision, the
Department will amend the order to
exclude GVN’s entries from further
suspension of liquidation and will order
all entries currently suspended to be
liquidated without regard to dumping
duties.
Amended Cash Deposit Rates
Neither GVN nor Jindal SAW have a
superseding cash deposit rate (e.g., from
an administrative review) and,
therefore, the Department will issue
revised cash deposit instructions to U.S.
Customs and Border Protection. For
Jindal SAW, the revised cash deposit
rate will be the rate indicated above,
effective March 26, 2017. For GVN,
because the revised weighted-average
dumping margin is de minimis, the
revised cash deposit rate will be zero,
effective March 26, 2017.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1) and 777(i)(1) of the Act.
Dated: April 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–07362 Filed 4–11–17; 8:45 am]
BILLING CODE 3510–DS–P
Amended Final Determination
Because there is now a final court
decision, the Department is amending
the Final Determination with respect to
GVN and Jindal SAW. The revised
weighted-average dumping margins for
GVN and Jindal SAW for the period July
1, 2012, through June 30, 2013, are as
follows:
3 See
US Steel, 179 F. Supp. 3d at 1120.
4 Id.
5 See Final Results of Redetermination Pursuant
to Remand, United States Steel Corporation et al.
and Maverick Tube Corporation et al. v. United
States, Consolidated Court No. 14–00263, dated
August 31, 2017 (Final Redetermination).
6 See United States Steel Corporation et al. v.
United States, Slip Op. 17–28, Consolidated Court
No. 14–00263 (CIT 2017).
7 See Timken Co. v. United States, 893 F.2d. 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d. 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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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; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On December 9, 2016, the
Department of Commerce (the
Department) published the preliminary
results of administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from the United
Arab Emirates (UAE). This review
AGENCY:
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
covers one producer/exporter of subject
merchandise, JBF RAK LLC (JBF). Based
on our analysis of the comments and
information received, we made changes
to the preliminary results, which are
discussed below. The final weightedaverage dumping margin is listed below
in the section entitled ‘‘Final Results of
Review.’’
DATES: Effective April 12, 2017.
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
On December 9, 2016, the Department
published the Preliminary Results.1 On
January 9, 2017, the Department
received a timely-filed case brief from
JBF.2 No other party filed a case or
rebuttal brief.
Period of Review
The period of review is November 1,
2014, through October 31, 2015.
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.
Analysis of Comments Received
mstockstill on DSK30JT082PROD with NOTICES
All issues raised in the sole case brief
filed in this review are addressed in the
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative
Review; 2014–2015, 81 FR 89061 (December 9,
2016) (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 9, 2017.
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Jkt 241001
Issues and Decision Memorandum.3 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 https://
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 https://enforcement.trade.gov/
frn/. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made changes to
our margin calculations for JBF. A
complete discussion of these changes
can be found in the Issues and Decision
Memorandum.
Final Results of the Administrative
Review
As a result of this review, we
determine that the following weightedaverage dumping margin exists for the
period of November 1, 2014, through
October 31, 2015:
Producer or Exporter
Weighted-average
dumping margin
(percent
ad valorem)
JBF RAK LLC .................
7.91
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise in accordance with the
final results of this review.4 The
Department intends to issue appropriate
3 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, from Gary Taverman, Associate
Deputy Assistant Secretary for AD/CVD Operations,
‘‘Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip
from the United Arab Emirates: Issues and Decision
Memorandum for the Final Results,’’ (Issues and
Decision Memorandum), dated concurrently with
and herby adopted by this notice.
4 The Department 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).
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assessment instructions directly to CBP
15 days after the date of publication of
these final results of review.
For assessment purposes, we
calculated importer-specific, ad valorem
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of those same sales.5 We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review.
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 the Administrative
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.6 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
5 See
19 CFR 351.212(b)(1).
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).
6 See
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
this notice, consistent with 19 CFR
351.224(b).
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Importers
[A–570–849]
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 the
Department’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: April 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Issues in the Decision
Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Home Market Invoice Dates
Comment 2: Home Market Commissions
IV. Recommendation
[FR Doc. 2017–07364 Filed 4–11–17; 8:45 am]
mstockstill on DSK30JT082PROD with NOTICES
BILLING CODE 3510–DS–P
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Jkt 241001
Certain Cut-To-Length Carbon Steel
Plate From the People’s Republic of
China: Rescission of Antidumping
Circumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is rescinding the
antidumping circumvention inquiry on
certain cut-to-length carbon steel plate
(‘‘CTL plate’’) from the People’s
Republic of China (‘‘PRC’’) that was
initiated on February 10, 2016.
DATES: Effective April 12, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, Office IV, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6412.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 2, 2003, the Department
published an antidumping duty order
on CTL plate from the PRC.1 On
February 10, 2016, in response to a
request from Nucor Corporation and
SSAB Enterprises LLC (collectively,
‘‘Domestic Producers’’), the Department
initiated a circumvention inquiry
regarding the Order with respect to
certain CTL plate with small amounts of
specific alloying elements (chromium,
titanium, and boron where there was no
heat treatment).2 On December 5, 2016,
the Department extended the deadline
for issuing the final determination in
this circumvention inquiry until April
5, 2017.3 Subsequently, on March 20,
2017, the Department published
antidumping and countervailing duty
orders on certain carbon and alloy steel
CTL plate from the PRC.4 On March 23,
1 See Suspension Agreement on Certain Cut-ToLength Carbon Steel Plate From the People’s
Republic of China; Termination of Suspension
Agreement and Notice of Antidumping Duty Order,
68 FR 60081 (October 21, 2003) (‘‘Order’’).
2 See Certain Cut-To-Length Carbon Steel Plate
From the People ’s Republic of China: Initiation of
Circumvention Inquiry on Antidumping Duty Order,
81 FR 8173 (February 18, 2016).
3 See Extension of Deadline for Final
Determination for Anticircumvention Inquiry, dated
December 5, 2016.
4 See Certain Carbon and Alloy Steel Cut-ToLength Plate From the People’s Republic of China:
Antidumping Duty Order, 82 FR 14349 (March 20,
2017); see also Certain Carbon and Alloy Steel CutTo-Length Plate From the People’s Republic of
China: Countervailing Duty Order, 82 FR 14346
(March 20, 2017) (‘‘CTL Alloy Steel Orders’’).
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17633
2017, the Department issued a letter
notifying interested parties of its intent
to rescind this antidumping
circumvention inquiry on CTL plate
from the PRC.5 In that letter, the
Department provided interested parties
an opportunity to comment on its
intention to rescind this antidumping
circumvention inquiry.6 No parties
commented on the letter.
Rescission of Antidumping
Circumvention Inquiry
As noted above, this antidumping
circumvention inquiry pertains to
certain CTL plate products from the PRC
containing specified levels of alloying
elements. However, there are now
antidumping and countervailing duty
orders on CTL plate from the PRC made
of alloy steel, specifically ‘‘certain
carbon and alloy steel hot-rolled or
forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances (cut-to-length
plate).’’ 7 Therefore, the Department is
rescinding the instant circumvention
inquiry, as this inquiry concerned
products now covered by the CTL Alloy
Steel Orders.
Administrative Protective Orders
This notice also serves as a final
reminder to parties subject to an
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305, 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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 781 of the
Tariff Act of 1930, as amended, and 19
CFR 351.225.
Dated: April 5, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary, Enforcement and
Compliance.
[FR Doc. 2017–07285 Filed 4–11–17; 8:45 am]
BILLING CODE 3510–DS–P
5 See Certain Cut-To-Length Carbon Steel Plate
(‘‘CTL plate’’) From the People’s Republic of China
(‘‘PRC’’): Intent to Rescind Antidumping
Circumvention Inquiry, dated March 23, 2017
(‘‘Letter of Intent to Rescind’’).
6 See id at 2.
7 See CTL Alloy Steel Orders.
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]]>Agencies
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17631-17633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07364]
-----------------------------------------------------------------------
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;
2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On December 9, 2016, the Department of Commerce (the
Department) published the preliminary results of administrative review
of the antidumping duty order on polyethylene terephthalate film,
sheet, and strip (PET Film) from the United Arab Emirates (UAE). This
review
[[Page 17632]]
covers one producer/exporter of subject merchandise, JBF RAK LLC (JBF).
Based on our analysis of the comments and information received, we made
changes to the preliminary results, which are discussed below. The
final weighted-average dumping margin is listed below in the section
entitled ``Final Results of Review.''
DATES: Effective April 12, 2017.
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
On December 9, 2016, the Department published the Preliminary
Results.\1\ On January 9, 2017, the Department received a timely-filed
case brief from JBF.\2\ No other party filed a case or rebuttal brief.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2014-2015, 81 FR 89061 (December 9, 2016)
(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 9, 2017.
---------------------------------------------------------------------------
Period of Review
The period of review is November 1, 2014, through October 31, 2015.
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.
Analysis of Comments Received
All issues raised in the sole case brief filed in this review are
addressed in the Issues and Decision Memorandum.\3\ 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 https://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 https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, from Gary Taverman,
Associate Deputy Assistant Secretary for AD/CVD Operations,
``Antidumping Duty Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip from the United Arab Emirates:
Issues and Decision Memorandum for the Final Results,'' (Issues and
Decision Memorandum), dated concurrently with and herby adopted by
this notice.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made changes to
our margin calculations for JBF. A complete discussion of these changes
can be found in the Issues and Decision Memorandum.
Final Results of the Administrative Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period of November 1,
2014, through October 31, 2015:
------------------------------------------------------------------------
Weighted-average
dumping margin
Producer or Exporter (percent ad
valorem)
------------------------------------------------------------------------
JBF RAK LLC......................................... 7.91
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.\4\ The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
these final results of review.
---------------------------------------------------------------------------
\4\ The Department 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).
---------------------------------------------------------------------------
For assessment purposes, we calculated importer-specific, ad
valorem assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
those same sales.\5\ We will instruct CBP to assess antidumping duties
on all appropriate entries covered by this review.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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 the Administrative 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.\6\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\6\ 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
[[Page 17633]]
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 the Department'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: April 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues in the Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Home Market Invoice Dates
Comment 2: Home Market Commissions
IV. Recommendation
[FR Doc. 2017-07364 Filed 4-11-17; 8:45 am]
BILLING CODE 3510-DS-P
