Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review, 76943-76944 [2011-31693]

Download as PDF Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices companies covered by this review, the cash deposit rate will be the rates listed above; (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 2.40 percent, the all-others rate established in the less than fair value investigation.14 These deposit requirements, when imposed, shall remain in effect until further notice. Dated: December 5, 2011. Christian Marsh, Acting Assistant Secretary for Import Administration. Notification Regarding Administrative Protective Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 5, 2011, the Department of Commerce (Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from India.1 This review covers one producer/exporter of subject merchandise: Ester Industries Ltd. (Ester). Based on the results of our analysis of the comments received, we did not make any changes to the preliminary results. However, the Department did make changes to the preliminary results of the concurrent countervailing duty administrative review. Accordingly, we adjusted Ester’s U.S. price in our margin calculations for Ester’s export subsidy rate calculated for the final results of review, causing a change in the antidumping duty margin calculated for these final results. For the final dumping margins, see the ‘‘Final Results of Review’’ section below. DATES: Effective Date: December 9, 2011. FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; 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. srobinson on DSK4SPTVN1PROD with NOTICES 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. 14 See Investigation Final Determination. VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 Appendix—Decision Memorandum Comment 1: Whether Nan Ya’s Preliminary AFA Rate Is Unlawfully Punitive Comment 2: Whether Nan Ya’s Preliminary AFA Rate Is Corroborated Comment 3: Whether the Department Failed To Follow Past Court and Department Precedent With Respect to Nan Ya’s Preliminary AFA Rate Comment 4: Whether Na Ya’s Preliminary AFA Rate Is Aberrational [FR Doc. 2011–31695 Filed 12–8–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review AGENCY: 1 See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 47546 (August 5, 2011) (Preliminary Results). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 76943 telephone: (202) 428–0197 or (202) 482– 1398, respectively. SUPPLEMENTARY INFORMATION: Background Since the Preliminary Results, the following events have taken place. Ester submitted a timely case brief on September 6, 2011. DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, Petitioners) filed a timely rebuttal brief on September 12, 2011. Period of Review The period of review is July 1, 2009 through June 30, 2010. Scope of the Order The products covered by the antidumping duty order are all gauges of raw, pretreated, or primed 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 antidumping duty order is dispositive. Analysis of Comments Received The issue of zeroing was 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 Paul Piquado, Assistant Secretary for Import Administration, ‘‘Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Issues and Decision Memorandum for the Final Results’’ (Decision Memorandum), dated concurrently with, and herby adopted by this notice. A list of the comments raised in the briefs and addressed in the Decision Memorandum is appended to this notice. The Decision Memorandum is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS is available in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ ia/. The signed Decision Memorandum E:\FR\FM\09DEN1.SGM 09DEN1 76944 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES and the electronic versions of the Decision Memorandum are identical in content. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of Changes Since the Preliminary Results PET Film from India entered, or withdrawn from warehouse, for Based on our analysis of the consumption on or after the date of comments received, we did not make publication of the final results of this any adjustments to our margin administrative review, as provided for calculations for Ester. We revised the by section 751(a)(2)(C) of the Tariff Act adjustment to U.S. price in our margin of 1930, as amended (the Act): (1) The calculations for Ester’s export subsidy cash deposit rate for the company under rate calculated for the final results of review will be the rate established in the review in the concurrent countervailing final results of this review (except, if the duty administrative review, causing a rate is zero or de minimis, i.e., less than change in the antidumping duty margin 0.50 percent, no cash deposit will be calculated for these final results. required); (2) for previously reviewed or investigated companies not listed above, Final Results of Review the cash deposit rate will continue to be the company-specific rate published for As a result of our review, we the most recent period; (3) if the determine that the following weightedexporter is not a firm covered in this average margins exist for the period of review, a prior review, or the less-thanJuly 1, 2009, through June 30, 2010: fair-value investigation, but the manufacturer is, the cash deposit rate Weightedaverage will be the rate established for the most Manufacturer/exporter margin recent period for the manufacturer of (percent) the merchandise; and, (4) if neither the Ester Industries, Ltd ................. 6.81 exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be the all Assessment Rates others rate for this proceeding, 5.71 percent. These deposit requirements, The Department shall determine, and when imposed, shall remain in effect U.S. Customs and Border Protection until further notice. (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. We Notification Regarding Administrative will instruct CBP to liquidate entries of Protective Orders merchandise produced and/or exported This notice is the only reminder to by Ester. The Department intends to issue assessment instructions to CBP 15 parties subject to the administrative protective order (APO) of their days after the date of publication of the responsibility concerning the return or final results of review. For assessment destruction of proprietary information purposes, where the respondent disclosed under the APO in accordance reported the entered value for its sales, with 19 CFR 351.305(a)(3). Timely we calculated importer-specific (or written notification of the return or customer-specific) ad valorem destruction of APO materials or assessment rates based on the ratio of conversion to judicial protective order is the total amount of the dumping duties hereby requested. Failure to comply calculated for the examined sales to the with the regulations and the terms of an total entered value of those same sales. See 19 CFR 351.212(b). However, where APO is a sanctionable violation. the respondent did not report the Notification to Importers entered value for its sales, we will This notice also serves as a final calculate importer-specific (or customerspecific) per unit duty assessment rates. reminder to importers of their responsibility under 19 CFR 351.402(f) We will instruct CBP to assess to file a certificate regarding the antidumping duties on all appropriate entries covered by this review if any per reimbursement of antidumping duties prior to liquidation of the relevant unit duty assessment rate calculated in entries during this review period. the final results of this review is above Failure to comply with this requirement de minimis (i.e., at or above 0.50 could result in the Department’s percent). Pursuant to 19 CFR 351.106(c)(2), we intend to instruct CBP presumption that reimbursement of antidumping duties occurred and the to liquidate without regard to subsequent assessment of doubled antidumping duties any entries for antidumping duties. which the assessment rate is zero or de minimis (i.e., less than 0.50 percent). We are issuing and publishing these See 19 CFR 351.106(c)(1). final results and this notice in VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 5, 2011. Christian Marsh, Acting Assistant Secretary for Import Administration. [FR Doc. 2011–31693 Filed 12–8–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–910] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China: Rescission of the 2010–2011 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is rescinding the administrative review of the antidumping duty order on circular welded carbon quality steel pipe (‘‘CWP’’) from the People’s Republic of China (‘‘PRC’’) for the period of review (‘‘POR’’) of July 1, 2010, through June 30, 2011, with respect to twenty-nine companies. This rescission is based on the timely withdrawal of the requests for review by the only interested party that requested review of these companies. DATES: Effective Date: December 9, 2011. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Robert Bolling, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–3936 or (202) 482– 3434, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2011, the Department published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on CWP from the PRC. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 38609, 38610 (July 1, 2011). In response, on August 1, 2011, the Ad Hoc Coalition For Fair Pipe Imports and its individual members, Allied Tube & Conduit, IPSCO Tubulars, Inc., Sharon Tube Company, Western Tube & Conduit Corporation, and Wheatland Tube Company (hereafter referred to as E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76943-76944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31693]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 5, 2011, the Department of Commerce (Department) 
published the preliminary results of administrative review of the 
antidumping duty order on polyethylene terephthalate film (PET Film) 
from India.\1\ This review covers one producer/exporter of subject 
merchandise: Ester Industries Ltd. (Ester). Based on the results of our 
analysis of the comments received, we did not make any changes to the 
preliminary results. However, the Department did make changes to the 
preliminary results of the concurrent countervailing duty 
administrative review. Accordingly, we adjusted Ester's U.S. price in 
our margin calculations for Ester's export subsidy rate calculated for 
the final results of review, causing a change in the antidumping duty 
margin calculated for these final results. For the final dumping 
margins, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
India: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 47546 (August 5, 2011) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page, 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-
0197 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the Preliminary Results, the following events have taken 
place. Ester submitted a timely case brief on September 6, 2011. DuPont 
Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray 
Plastics (America), Inc. (collectively, Petitioners) filed a timely 
rebuttal brief on September 12, 2011.

Period of Review

    The period of review is July 1, 2009 through June 30, 2010.

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed 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 
antidumping duty order is dispositive.

Analysis of Comments Received

    The issue of zeroing was 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 Paul Piquado, Assistant Secretary 
for Import Administration, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from India: Issues 
and Decision Memorandum for the Final Results'' (Decision Memorandum), 
dated concurrently with, and herby adopted by this notice. A list of 
the comments raised in the briefs and addressed in the Decision 
Memorandum is appended to this notice. The Decision Memorandum is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit, room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/ia/. The signed Decision Memorandum

[[Page 76944]]

and the electronic versions of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we did not make any 
adjustments to our margin calculations for Ester. We revised the 
adjustment to U.S. price in our margin calculations for Ester's export 
subsidy rate calculated for the final results of review in the 
concurrent countervailing duty administrative review, causing a change 
in the antidumping duty margin calculated for these final results.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margins exist for the period of July 1, 2009, through 
June 30, 2010:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Ester Industries, Ltd......................................         6.81
------------------------------------------------------------------------

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 Ester. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. For assessment purposes, 
where the respondent reported the entered value for its 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 respondent 
did not report the entered value for its sales, we will calculate 
importer-specific (or customer-specific) per unit duty assessment 
rates. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any per unit duty 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 
351.106(c)(2), we intend to instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is zero or 
de minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1).

Cash Deposit Requirements

    The following 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 Tariff Act of 1930, as amended (the Act): (1) The 
cash deposit rate for the company under review will be the rate 
established in the final results of this review (except, if the rate is 
zero or de minimis, i.e., less than 0.50 percent, 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) if neither the exporter nor 
the manufacturer is a firm covered in this or any previous review, the 
cash deposit rate will be the all others rate for this proceeding, 5.71 
percent. These deposit requirements, when imposed, 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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: December 5, 2011.
Christian Marsh,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2011-31693 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P