Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review, 22867-22868 [2011-9967]
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
Federal Register. This Order is effective
upon issuance and shall remain in effect
for 180 days.
Issued this 18th day of April 2011.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2011–9932 Filed 4–22–11; 8:45 am]
BILLING CODE 3510–DT–P
Film Sheet and Strip (PET Film) from
the United Arab Emirates’’ (February 17,
2011).1 JBF submitted a timely case brief
on February 28, 2011. DuPont Teijin
Films, Mitsubishi Polyester Film, Inc.,
SKC, Inc., and Toray Plastics (America),
Inc. filed a timely rebuttal brief on
March 8, 2011. We did not receive a
case brief from FLEX.
Period of Review
DEPARTMENT OF COMMERCE
The period of review is November 6,
2008, through October 31, 2009.
International Trade Administration
Scope of the Order
[A–520–803]
The products covered by the order are
all gauges of raw, pre-treated, or primed
polyethylene terephthalate 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.
Polyethylene Terephthalate Film,
Sheet, and Strip From the United Arab
Emirates: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 17, 2010, the
Department of Commerce (the
Department) published the preliminary
results of administrative review of the
antidumping duty order on
polyethylene terephthalate film (PET
Film) from the United Arab Emirates.
This review covers two producers/
exporters of subject merchandise: JBF
RAK LLC (JBF) and FLEX Middle East
FZE (FLEX). Based on the results of our
analysis of the comments received, we
have made changes to the preliminary
results, which are discussed below. For
the final dumping margins, see the
‘‘Final Results of Review’’ section below.
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston or Jun Jack Zhao, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 428–4261 or (202) 482–
1396, respectively.
SUPPLEMENTARY INFORMATION:
jdjones on DSKHWCL6B1PROD with NOTICES
AGENCY:
Background
Since the preliminary results, the
following events have taken place. See
Polyethylene Terephthalate Film, Sheet,
and Strip From the United Arab
Emirates: Preliminary Results of
Antidumping Duty Administrative
Review, 75 FR 78968 (December 17,
2010) (Preliminary Results). A sales
verification of JBF was conducted from
December 12, 2010, through December
16, 2010. See Memorandum to the File,
‘‘Verification of the Sales Response of
JBF RAK LLC in the Antidumping
Review of Polyethylene Terephthalate
VerDate Mar<15>2010
15:21 Apr 22, 2011
Jkt 223001
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs by parties in this
administrative review are addressed in
the memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, ‘‘Antidumping Duty
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip
from the United Arab Emirates: Issues
and Decision Memorandum for the
Final Results’’ (Decision Memorandum),
dated concurrently with, and herby
adopted by this notice. A list of the
issues addressed in the Decision
Memorandum is appended to this
notice. The Decision Memorandum is
on file in the Department’s CRU, and
can be accessed directly on the Internet
at https://ia.ita.doc.gov/frn. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
1 Public versions of all memoranda referenced in
this notice are on file in the Department’s Central
Records Unit (CRU) in Room 7046 of the main
Department of Commerce building.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
22867
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made
adjustments to our margin calculations
for JBF. Specifically, we revised coding
in our comparison market SAS program
to correct an error that resulted in
different variable cost of manufacturing
figures being used for identical U.S. and
home market products.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage margins exist for the period of
November 6, 2008, through October 31,
2009:
Manufacturer/exporter
FLEX Middle East FZE .........
JBF RAK LLC .......................
Weightedaverage
margin
(percent)
3.16
4.88
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. We will
instruct CBP to liquidate entries of
merchandise produced and/or exported
by Flex and JBF. For assessment
purposes, where the respondents
reported the entered value for their
sales, we calculated importer-specific
(or customer-specific) ad valorem
assessment rates based on the ratio of
the total amount of the dumping duties
calculated for the examined sales to the
total entered value of those same sales.
See 19 CFR 351.212(b). However, where
the respondents did not report the
entered value for their sales, we will
calculate importer-specific (or customerspecific) per-unit assessment rates. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after the date of publication of
these final results of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by Flex or JBF for which the
reviewed companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate non-reviewed
entries at the all-others rate of 4.80
percent from the investigation if there is
no rate for the intermediate
company(ies) involved in the
transaction. See Polyethylene
E:\FR\FM\25APN1.SGM
25APN1
22868
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
Terephthalate Film, Sheet, and Strip
from the United Arab Emirates: Final
Determination of Sales at Less Than
Fair Value, 73 FR 55036 (September 24,
2008) (Investigation Final
Determination).
jdjones on DSKHWCL6B1PROD with NOTICES
Cash Deposit Requirements
The following 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 the
companies covered by this review, the
cash deposit rate will be the rates listed
above in the section ‘‘Final Results of
Review;’’ (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
company-specific rate published in the
most recent final results 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, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
most recent final results in which that
producer participated; and, (4) if neither
the exporter nor the producer is a firm
covered in this review or in any
previous segment of this proceeding, the
cash deposit rate will be 4.80 percent,
the all-others rate established in the less
than fair value investigation. See
Investigation Final Determination.
These deposit requirements shall
remain in effect until further notice.
Notification Regarding Administrative
Protective Orders
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). 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 sanctionable violation.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
VerDate Mar<15>2010
15:21 Apr 22, 2011
Jkt 223001
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 in the
subsequent assessment of double
antidumping duties.
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.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Sample Transactions
Comment 2: Values Reported for Average
Cost of Manufacturing
Comment 3: Transactions Outside the
Ordinary Course of Trade
Comment 4: Matching Criteria
Comment 5: Zeroing
[FR Doc. 2011–9967 Filed 4–22–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–829]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From Brazil:
Final Results of Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2010, the
Department of Commerce (Department)
issued the preliminary results of
administrative review of the
countervailing duty order on certain
hot-rolled flat-rolled carbon-quality
steel products (HRS) from Brazil for the
period January 1, 2008, through
December 31, 2008. Based on the results
of our verification and the analysis of
the comments received, the Department
has made certain revisions to the
subsidy rates for the respondent, Usinas
Siderurgicas de Minas Gerais
(USIMINAS) and its subsidiary,
Companhia Siderurgica Paulista
(COSIPA). The final subsidy rate for the
reviewed company is listed below in the
section entitled ‘‘Final Results of
Review.’’
AGENCY:
DATES:
Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, Justin Neuman or Milton
Koch, AD/CVD Operations, Office 6,
Import Administration, International
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–2371,
(202) 482–0486 and (202) 482–2584,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the issuance of Certain HotRolled Flat-Rolled Carbon-Quality Steel
Products From Brazil: Preliminary
Results of Countervailing Duty
Administrative Review, 75 FR 64700
(October 20, 2010) (Preliminary Results),
the following events have occurred. The
Department issued its third
supplemental questionnaire to the
Government of Brazil (GOB) and to
USIMINAS/COSIPA on November 9,
2010. On the same day, the Department
informed parties of the postponement of
the briefing schedule. The GOB and
USIMINAS/COSIPA filed their
responses on November 23, 2010, and
December 3, 2010, respectively. On
December 13, 2010, the United States
Steel Corporation (USS or petitioner)
submitted factual information in
rebuttal to information contained in
USIMINAS/COSIPA’s December 3, 2010
questionnaire response. On January 6,
2011, the Department issued a fourth
supplemental questionnaire to
USIMINAS/COSIPA and the company
submitted its response on January 19,
2011. On January 20, 2011, the
Department placed on the record
information from the investigation of
cold-rolled steel and the prior
administrative review of the instant
order on HRS. See Memorandum to The
File from Justin M. Neuman, Analyst,
Certain Hot-Rolled Carbon Steel Flat
Products from Brazil: Additional
Programs Memorandum and Calculation
Memorandum, Certain Hot-Rolled
Carbon Steel Flat Products from Brazil,
dated January 20, 2011.
On December 14, 2010, the
Department extended the deadline for
the final results from February 17, 2011
to April 18, 2011. See Certain HotRolled Flat-Rolled Carbon-Quality Steel
Products From Brazil: Extension of Time
Limit for Final Results of Countervailing
Duty Administrative Review, 75 FR
77828 (December 14, 2010).
On January 21, 2011, USS submitted
comments in light of the Department’s
planned verification. In accordance with
section 782(i) of the Tariff Act of 1930,
as amended (‘‘the Act’’) the Department
conducted verification in Brazil of the
questionnaire responses of USIMINAS/
COSIPA from January 24 to January 27,
2011, and of one program of the GOB on
January 28, 2011. See Memorandum to
E:\FR\FM\25APN1.SGM
25APN1
]]>Agencies
[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22867-22868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9967]
-----------------------------------------------------------------------
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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 17, 2010, the Department of Commerce (the
Department) published the preliminary results of administrative review
of the antidumping duty order on polyethylene terephthalate film (PET
Film) from the United Arab Emirates. This review covers two producers/
exporters of subject merchandise: JBF RAK LLC (JBF) and FLEX Middle
East FZE (FLEX). Based on the results of our analysis of the comments
received, we have made changes to the preliminary results, which are
discussed below. For the final dumping margins, see the ``Final Results
of Review'' section below.
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT: Andrew Huston or Jun Jack Zhao, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 428-
4261 or (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the preliminary results, the following events have taken
place. See Polyethylene Terephthalate Film, Sheet, and Strip From the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 78968 (December 17, 2010) (Preliminary
Results). A sales verification of JBF was conducted from December 12,
2010, through December 16, 2010. See Memorandum to the File,
``Verification of the Sales Response of JBF RAK LLC in the Antidumping
Review of Polyethylene Terephthalate Film Sheet and Strip (PET Film)
from the United Arab Emirates'' (February 17, 2011).\1\ JBF submitted a
timely case brief on February 28, 2011. DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.
filed a timely rebuttal brief on March 8, 2011. We did not receive a
case brief from FLEX.
---------------------------------------------------------------------------
\1\ Public versions of all memoranda referenced in this notice
are on file in the Department's Central Records Unit (CRU) in Room
7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
Period of Review
The period of review is November 6, 2008, through October 31, 2009.
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate 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
The issues raised in the case and rebuttal briefs by parties in
this administrative review are addressed in the memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration, ``Antidumping Duty
Administrative Review of Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Issues and Decision Memorandum for
the Final Results'' (Decision Memorandum), dated concurrently with, and
herby adopted by this notice. A list of the issues addressed in the
Decision Memorandum is appended to this notice. The Decision Memorandum
is on file in the Department's CRU, and can be accessed directly on the
Internet at https://ia.ita.doc.gov/frn. The paper copy and electronic
version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
adjustments to our margin calculations for JBF. Specifically, we
revised coding in our comparison market SAS program to correct an error
that resulted in different variable cost of manufacturing figures being
used for identical U.S. and home market products.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period of November 6, 2008,
through October 31, 2009:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
FLEX Middle East FZE.................................... 3.16
JBF RAK LLC............................................. 4.88
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. We will instruct CBP to liquidate entries of merchandise
produced and/or exported by Flex and JBF. For assessment purposes,
where the respondents reported the entered value for their sales, we
calculated importer-specific (or customer-specific) ad valorem
assessment rates based on the ratio of the total amount of the dumping
duties calculated for the examined sales to the total entered value of
those same sales. See 19 CFR 351.212(b). However, where the respondents
did not report the entered value for their sales, we will calculate
importer-specific (or customer-specific) per-unit assessment rates. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of these final
results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by Flex or JBF for which the reviewed companies did not
know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate non-reviewed entries at
the all-others rate of 4.80 percent from the investigation if there is
no rate for the intermediate company(ies) involved in the transaction.
See Polyethylene
[[Page 22868]]
Terephthalate Film, Sheet, and Strip from the United Arab Emirates:
Final Determination of Sales at Less Than Fair Value, 73 FR 55036
(September 24, 2008) (Investigation Final Determination).
Cash Deposit Requirements
The following 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 the companies covered by this review, the
cash deposit rate will be the rates listed above in the section ``Final
Results of Review;'' (2) for merchandise exported by producers or
exporters not covered in this review but covered in a previous segment
of this proceeding, the cash deposit rate will continue to be the
company-specific rate published in the most recent final results 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, the cash deposit rate will be that
established for the producer of the merchandise in these final results
of review or in the most recent final results in which that producer
participated; and, (4) if neither the exporter nor the producer is a
firm covered in this review or in any previous segment of this
proceeding, the cash deposit rate will be 4.80 percent, the all-others
rate established in the less than fair value investigation. See
Investigation Final Determination. These deposit requirements shall
remain in effect until further notice.
Notification Regarding Administrative Protective Orders
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). 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 sanctionable
violation.
Notification to Importers
This notice also serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
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.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Sample Transactions
Comment 2: Values Reported for Average Cost of Manufacturing
Comment 3: Transactions Outside the Ordinary Course of Trade
Comment 4: Matching Criteria
Comment 5: Zeroing
[FR Doc. 2011-9967 Filed 4-22-11; 8:45 am]
BILLING CODE 3510-DS-P
