Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review, 76941-76943 [2011-31695]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76941-76943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31695]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


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

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet and strip (PET Film) from Taiwan. The period 
of review (POR) for this administrative review is July 1, 2009, through 
June 30, 2010. This review covers the following producers/exporters of 
the subject merchandise: Nan Ya Plastics Corporation, Ltd. (Nan Ya), 
and Shinkong Synthetic Fibers Corporation and Shinkong Materials 
Technology Co., Ltd. (collectively, Shinkong). We invited interested 
parties to comment on our Preliminary Results.\1\ Based on our analysis 
of the comments received, we have made changes to the margin applied to 
Nan Ya, which are discussed in the ``Changes Since the Preliminary 
Results'' section, below. Therefore, the final results for Nan Ya 
differ from the Preliminary Results. The final dumping margins for this 
review are listed in the ``Final Results of Review'' section, below.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 47540 (August 5, 2011) (Preliminary Results).

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DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Emily Halle, 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-
3586 or (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2011, the Department published in the Federal Register 
the Preliminary Results.\2\ Since the publication of the Preliminary 
Results, the following events have occurred. On August 15, 2011, the 
Department issued a post-preliminary supplemental questionnaire to 
Shinkong, and Shinkong timely filed its questionnaire response on 
August 25, 2011.\3\ The Department notified interested parties that 
they were to file their case briefs with the Department by September 1, 
2011, and rebuttal briefs filed by September 19, 2011, in accordance 
with 19 CFR 351.309(d)(1).\4\ In response to timely requests from Nan 
Ya, case brief deadlines were extended twice by the Department to 
October 3, 2011.\5\ Nan Ya timely filed a case brief on October 3, 
2011.\6\ On October 11, 2011, DuPont

[[Page 76942]]

Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray 
Plastics (America), Inc. (collectively, Petitioners), timely filed a 
rebuttal case brief.\7\
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    \2\ Prior to publication of the Preliminary Results, Nan Ya 
informed the Department that it would not be responding to the 
Department's questionnaire and that it would not be participating in 
the 09-10 administrative review. See Memorandum from Gene H. Calvert 
to the File, ``Preliminary Results in the Administrative Review on 
Polyethylene Terephthalate Film, Sheet and Strip from Taiwan (PET 
film): Nan Ya Plastic Corporation, Ltd. Non-Participation in the 
Administrative Review for the Period July 1, 2009, through June 30, 
2010'' (August 1, 2011) (Nan Ya's Non-Participation Memorandum).
    \3\ See Letter from Shinkong, ``Polyethylene Terephthalate Film, 
Sheet and Strip (PET Film) from Taiwan: Supplemental Questionnaire 
Response,'' dated August 25, 2011 (Post Preliminary Supplemental 
Response).
    \4\ See Letter from Mark Hoadley, Program Manager, AD/CVD 
Operations, Office 6, to All Interested Parties, dated September 1, 
2011.
    \5\ See Letter from Mark Hoadley, Program Manager, AD/CVD 
Operations, Office 6, to All Interested Parties, dated September 9, 
2011, and September 23, 2011.
    \6\ See Letter from Nan Ya, ``Polyethylene Terephthalate (PET) 
Film from Taiwan,'' dated October 4, 2011.
    \7\ See Letter from Petitioners, ``Polyethylene Terephthalate 
(PET) Film, Sheet, and Strip from Taiwan: Petitioners' Rebuttal 
Brief,'' dated October 11, 2011.
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    As discussed in the Preliminary Results, Nan Ya withheld requested 
information, which significantly impeded the proceeding, and failed to 
cooperate to the best of its ability. Therefore, pursuant to sections 
776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, as amended 
(the Act), the Department preliminarily determined that the use of 
adverse facts available (AFA) for Nan Ya was appropriate, and assigned 
a rate of 99.31 percent, which was based on transaction-specific 
margins calculated for Nan Ya during the previous 2008-09 
administrative review. Based on our analysis of the comments received, 
for the final results we have used data from the current POR, instead 
of secondary information and, thus, have revised the AFA rate for Nan 
Ya.

Period of Review

    The POR is July 1, 2009, through June 30, 2010.

Scope of the Order

    The products covered by the order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate 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 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. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of this proceeding is dispositive.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
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 Taiwan: Issues 
and Decision Memorandum for the Final Results'' (Decision Memorandum), 
dated concurrently with this notice, which is hereby 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 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Department's 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 https://ia.ita.doc.gov/frn. The signed 
Decision Memorandum and electronic versions of the Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Shinkong's Post Preliminary Supplemental Response stated that it 
incurred inland freight for subject merchandise that was returned 
during the POR, but that it did not provide any replacements for the 
returned merchandise.\8\ Shinkong provided the inland freight expenses 
incurred for returns, and the Department treated this expense as a 
warranty expense, part of direct selling expenses, and deducted it from 
the home market's net price build up.\9\ The inclusion of this 
additional data for the final results had no impact on Shinkong's 
weighted-average margin with respect to the Preliminary Results.\10\
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    \8\ See Post Preliminary Supplemental Response at 3.
    \9\ See Memorandum to Mark Hoadley, Program Manager, AD/CVD 
Operations, Office 6, regarding ``Analysis for the Final Results of 
the 2009-2010 Administrative Review of the Antidumping Duty Order on 
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: 
Shinkong Synthetic Fibers Corporation and Shinkong Materials 
Technology Co. Ltd'' dated concurrently with this notice for a 
detailed discussion of these changes.
    \10\ See id.
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    In the Preliminary Results, the Department applied an AFA rate of 
99.31 percent to Nan Ya because it did not respond to the Department's 
initial questionnaire.\11\ Based on comments received, for the final 
results, we have revised the AFA rate for Nan Ya from 99.31 percent to 
74.34 percent. A discussion of the Department's decision to revise Nan 
Ya's AFA rate can be found in the Decision Memorandum.
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    \11\ See Nan Ya's Non-Participation Memorandum.
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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:

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                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
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Nan Ya Plastics Corporation, Ltd...........................        74.34
Shinkong Synthetic Fibers Corporation and Shinkong                  6.98
 Materials Technology Co., Ltd.............................
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Assessment Rates

    Pursuant to 19 CFR 351.212(b), 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 Nan Ya and Shinkong. 
For assessment purposes, because Shinkong did not report either the 
identities of its importers or the entered values of its sales, we 
calculated customer-specific per unit duty assessment rates. Because 
Nan Ya reported no information to the Department for this POR, we will 
instruct CBP to apply an assessment rate to all entries it produced 
and/or exported equal to the weighted-average margin indicated above. 
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.\12\ This clarification applies to entries of subject 
merchandise during the POR produced by the companies included in these 
final results of review 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 2.40 percent from the investigation if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\13\
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \13\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan, 67 FR 44174 (July 1, 2002) (Investigation Final 
Determination).
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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 Act: (1) For the

[[Page 76943]]

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.
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    \14\ See Investigation Final Determination.
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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: December 5, 2011.
Christian Marsh,
Acting Assistant Secretary for Import Administration.

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