Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of the 2009-2010 Antidumping Duty Administrative Review of the Antidumping Duty Order, 14493-14495 [2012-5936]
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Notices
Federal Register
Vol. 77, No. 48
Monday, March 12, 2012
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1817]
Reorganization/Expansion of ForeignTrade Zone 77 Under Alternative Site
Framework Memphis, Tennessee Area
pmangrum on DSK3VPTVN1PROD with NOTICES
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (74 FR
1170, 01/12/2009; correction 74 FR
3987, 01/22/2009; 75 FR 71069–71070,
11/22/2010) as an option for the
establishment or reorganization of
general-purpose zones;
Whereas, the City of Memphis,
grantee of Foreign-Trade Zone 77,
submitted an application to the Board
(FTZ Docket 51–2011, filed 08/03/11)
for authority to reorganize and expand
under the ASF with a service area of
Shelby County, Tennessee, within the
Memphis U.S. Customs and Border
Protection port of entry, and FTZ 77’s
existing Site 4 and proposed Site 10
would be categorized as magnet sites,
while Sites 1, 2, 3, 5, 6, 7, 8, 9, 11 and
12 would be categorized as usage-driven
sites;
Whereas, notice inviting public
comment was given in the Federal
Register (76 FR 48121, 08/08/2011) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 77 under the alternative
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14:55 Mar 09, 2012
Jkt 226001
site framework is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.28, to the Board’s
standard 2,000-acre activation limit for
the overall general-purpose zone
project, to a five-year ASF sunset
provision for magnet sites that would
terminate authority for Site 4 if not
activated by February 28, 2017, and to
a three-year ASF sunset provision for
usage-driven sites that would terminate
authority for Sites 1, 2, 3, 5, 6, 7, 8, 9,
11 and 12 if no foreign-status
merchandise is admitted for a bona fide
customs purpose by February 28, 2015.
Signed at Washington, DC, this 29th day of
February 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign-Trade Zones Board.
[FR Doc. 2012–5914 Filed 3–9–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Final Results of the
2009–2010 Antidumping Duty
Administrative Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 3, 2011, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results in the 2009–2010 antidumping
duty administrative review of
polyethylene terephthalate film, sheet,
and strip (‘‘PET film’’) from the People’s
Republic of China (‘‘PRC’’).1 The period
of review (‘‘POR’’) is November 1, 2009,
through October 31, 2010. We have
determined that sales have been made
below normal value (‘‘NV’’) by certain
companies subject to this review. We
invited interested parties to comment on
our Preliminary Results. Based on our
analysis of the comments received, we
made changes to our margin
AGENCY:
calculations for Tianjin Wanhua Co.,
Ltd. (‘‘Wanhua’’) and Sichuan Dongfang
Insulating Material Co., Ltd.
(‘‘Dongfang’’) (collectively,
‘‘Respondents’’). The final dumping
margins for this review are listed in the
‘‘Final Results Margins’’ section below.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin and Jonathan Hill, 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, and (202)
482–3518, respectively.
Background
On November 3, 2011, the Department
published its Preliminary Results in the
antidumping duty administrative review
of PET film from the People’s Republic
of China.2 On November 28, 2011,
DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., SKC, Inc., and
Toray Plastics (America), Inc.
(collectively, ‘‘Petitioners’’), Wanhua,
and Fuwei Films (Shandong) Co., Ltd.
(‘‘Fuwei Films’’) submitted publicly
available surrogate value (‘‘SV’’) data.
On December 8, 2011, Petitioners 3,
Wanhua, Fuwei Films and Dongfang
submitted rebuttal comments regarding
the November 28, 2011, submissions.
We received case briefs from Petitioners,
Wanhua, Fuwei Films and Shaoxing
Xiangyu Green Packing Co., Ltd. (jointly
‘‘Wanhua et al’’), Dongfang, and Bemis
Company, Inc. (‘‘Bemis’’) on December
14, 2011, and rebuttal briefs on
December 21, 2011. On January 12, 2012
the Department held a public hearing.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
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,
‘‘Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s
2 See
Preliminary Results.
Department rejected the Petitioners’
December 8, 2011, surrogate value rebuttal
comments because it contained new surrogate value
information. Petitioners removed the material and
resubmitted the rebuttal comments on December 16,
2011.
3 The
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From the People’s Republic of China:
Preliminary Results of the 2009–2010 Antidumping
Duty Administrative Review, 76 FR 68140
(November 3, 2011) (‘‘Preliminary Results’’).
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12MRN1
14494
Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices
Republic of China: Issues and Decision
Memorandum for the Final Results of
the 2009–2010 Administrative Review,’’
dated March 2, 2012 (‘‘Issues and
Decision Memorandum’’), which is
hereby adopted by this notice. A list of
the issues that parties raised and to
which we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and 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,
Main Commerce Building, Room 7046.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia. The paper
copy and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Period of Review
The POR is November 1, 2009,
through October 31, 2010.
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
PET film, whether extruded or coextruded. Excluded are metalized films
and other finished films that have had
at least one of their surfaces modified by
the application of a performanceenhancing 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 HTSUS. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
pmangrum on DSK3VPTVN1PROD with NOTICES
Changes Since the Preliminary Results
Based on an analysis of the comments
received, the Department has made
certain changes in the margin
calculation. For the final results, the
Department has made the following
changes:
• We revised the calculated surrogate
overhead, selling, general and
administrative expenses, and profit
applicable to Respondents using
information from the financial
statements of JBF Industries Limited, a
manufacturer in India of merchandise
comparable to the subject merchandise.
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14:55 Mar 09, 2012
Jkt 226001
• We revised the surrogate valuation
of PET scrap sold, applying Indian HTS
subheading 3907.60.
Final Results Margin
We determine the weighted-average
dumping margins for the period
November 1, 2009, through October 31,
2010, to be:
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
POLYETHYLENE TEREPHTHALATE FILM, requirements will be effective upon
publication of the final results of this
SHEET, AND STRIP FROM THE PRC
administrative review for all shipments
of the subject merchandise entered, or
Weightedaverage
withdrawn from warehouse, for
Exporter
margin
consumption on or after the publication
(percentage)
date, as provided for by section
Tianjin Wanhua Co., Ltd .......
8.42 751(a)(2)(C) of the Act: (1) For Wanhua,
Dongfang, Fuwei Films and Shaoxing
Sichuan Dongfang Insulating
Material Co., Ltd ...............
10.87 Xiangyu Green Packing Co., Ltd.
Fuwei Films (Shandong) Co.,
(‘‘Green Packing’’), the cash deposit rate
Ltd .....................................
8.48 will be the rate identified in the Final
Shaoxing Xiangyu Green
Results Margin section, as listed above;
Packing Co., Ltd ...............
8.48 (2) for previously investigated or
PRC-wide Entity 4 .................
76.72
reviewed PRC and non-PRC exporters
not listed above that have separate rates,
Assessment Rates
the cash deposit rate will continue to be
Pursuantto section 751(a)(2)(A) of the the exporter-specific rate published for
Tariff Act of 1930, as amended (‘‘the
the most recent period; (3) for all PRC
Act’’) and 19 CFR 351.212(b), the
exporters of subject merchandise which
Department will determine, and U.S.
have not been found to be entitled to a
Customs and Border Protection (‘‘CBP’’) separate rate, the cash deposit rate will
shall assess, antidumping duties on all
continue to be the PRC-wide rate of
appropriate entries of subject
76.72 percent; 5 and (4) for all non-PRC
merchandise in accordance with the
exporters of subject merchandise which
final results of this review. For
have not received their own rate, the
assessment purposes, we calculated
cash deposit rate will be the rate
importer (or customer)-specific
applicable to the PRC exporter that
assessment rates for merchandise
supplied that non-PRC exporter. The
subject to this review. Where
deposit requirements shall remain in
appropriate, we calculated an ad
effect until further notice.
valorem rate for each importer (or
Notification to Importers
customer) by dividing the total dumping
This notice also serves as a final
margins for reviewed sales to that party
reminder to importers of their
by the total entered values associated
responsibility under 19 CFR
with those transactions. For duty351.402(f)(2) to file a certificate
assessment rates calculated on this
regarding the reimbursement of
basis, we will direct CBP to assess the
antidumping duties prior to liquidation
resulting ad valorem rate against the
of the relevant entries during this
entered customs values for the subject
review period. Failure to comply with
merchandise. Where appropriate, we
this requirement could result in the
calculated a per-unit rate for each
Secretary’s presumption that
importer (or customer) by dividing the
reimbursement of the antidumping
total dumping margins for reviewed
duties occurred and the subsequent
sales to that party by the total sales
assessment of double antidumping
quantity associated with those
duties.
transactions. For duty-assessment rates
calculated on this basis, we will direct
Notification to Interested Parties
CBP to assess the resulting per-unit rate
This notice also serves as a reminder
against the entered quantity of the
subject merchandise. Where an importer to parties subject to administrative
(or customer)-specific assessment rate is protective orders (‘‘APOs’’) of their
de minimis (i.e., less than 0.50 percent), responsibility concerning the return or
the Department will instruct CBP to
5 This rate was established in the final results of
assess that importer (or customer’s)
the original investigation. See Polyethylene
4 Shanghai
Xishu Electric Material Co., Ltd. and
Shanghai Uchem Co., Ltd. are part of the PRC-wide
entity.
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Terephthalate Film, Sheet, and Strip from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, 73 FR 55039
(September 24, 2008).
E:\FR\FM\12MRN1.SGM
12MRN1
Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices
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/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.
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
We are issuing and publishing the
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Wanhua
Issue 10: Whether the Department should
have calculated the consumption of material
inputs of Wanhua based on an application of
adverse facts available.
Dongfang
Issue 11: Whether the Department should
have adjusted Dongfang’s reported electricity
and water FOPs.
Zeroing
Issue 12: Whether the Department should
engage in the practice of zeroing.
[FR Doc. 2012–5936 Filed 3–9–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Dated: March 2, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of the 2009–2010
Antidumping Duty Administrative
Review and Final Rescission, in Part
Appendix I
AGENCY:
Issues for the Final Results
Surrogate Country Selection and Surrogate
Financial Ratios
Issue 1: Whether the Department should
have selected India or Thailand as the
Surrogate Country.
Issue 2: Whether the Department should
have selected the financial statement of JBF
Industries Ltd. to calculate financial ratios.
Issue 3: Whether the Department should
have rejected financial statements submitted
in its surrogate value rebuttal comments.
Surrogate Values
Issue 4: Whether the Department should
have selected the six-digit subheading
3907.60 to value the Respondents’ PET chips.
Issue 5: Whether the Department should
require company certifications for surrogate
value submissions.
Issue 6: Whether the Department should
have selected HTS 3915.10 to value
Respondents’ scrap offset.
pmangrum on DSK3VPTVN1PROD with NOTICES
Respondent Selection
Issue 7: Whether the Department
improperly failed to select Fuwei Films and
Green Packing as mandatory respondents,
and improperly failed to consider the
voluntary responses of Fuwei Films and
Green Packing.
Separate Rate
Issue 8: Whether the separate rate assigned
to Fuwei Films and Green Packing in the
Preliminary Results inaccurately overstates
the antidumping margin that should be
applied to these companies.
Reclaimed PET Chips
Issue 9: Whether the Department should recalculate the consumption of raw material
inputs for Wanhua and Dongfang with
respect to reclaimed PET chips.
VerDate Mar<15>2010
14:55 Mar 09, 2012
Jkt 226001
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2011, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the 2009–2010
administrative review of the
antidumping duty order on certain new
pneumatic off-the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’).1 The period of review
(‘‘POR’’) is September 1, 2009, through
August 31, 2010. This review covers one
exporter: Tianjin United Tire & Rubber
International Co., Ltd. (‘‘TUTRIC’’).
We invited interested parties to
comment on our Preliminary Results.
Based on our analysis of the comments
received, we made certain changes to
our margin calculations for TUTRIC.
The final dumping margins for this
review are listed in the ‘‘Final Results
Margins’’ section below.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Wendy Frankel, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6475 and (202)
482–5849, respectively.
1 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Preliminary
Results of the 2009–2010 Antidumping Duty
Administrative Review and Intent To Rescind, in
Part, 76 FR 62356 (October 7, 2011) (‘‘Preliminary
Results’’).
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14495
Background
On October 7, 2011, the Department
published its Preliminary Results of the
antidumping duty administrative review
of OTR tires from the PRC. On October
21, 2011, TUTRIC submitted its
response to the Department’s October
17, 2011, post-preliminary
supplemental questionnaire.
Titan Tire Corporation (‘‘Titan’’), the
petitioner; and TUTRIC each submitted
publicly available information regarding
surrogate values on October 27, 2011;
Bridgestone Americas, Inc. and
Bridgestone Americas Tire Operations,
LLC (collectively, ‘‘Bridgestone’’),
domestic interested parties, did so on
October 28, 2011. On November 7, 2011,
TUTRIC submitted rebuttal surrogate
value information.
Titan and Bridgestone submitted their
case briefs on November 17, and
November 18, 2011, respectively. On
November 30, 2011, TUTRIC submitted
its rebuttal brief.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
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,
titled, ‘‘Certain New Pneumatic Off-theRoad Tires from the People’s Republic
of China: Issues and Decision
Memorandum for the Final Results of
the 2009–2010 Second Administrative
Review of the Antidumping Duty
Order,’’ dated February 21, 2012
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues that parties raised
and to which we responded in the
Issues and Decision Memorandum
follows as an appendix to this notice.
The Issues and Decision Memorandum
is a public document and 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 (CRU), room 7046
of the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The paper copy and electronic
version of the Issues and Decision
Memorandum are identical in content.
Period of Review
The POR is September 1, 2009,
through August 31, 2010.
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Agencies
[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14493-14495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5936]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: Final Results of the 2009-2010 Antidumping
Duty Administrative Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 3, 2011, the Department of Commerce (``the
Department'') published the preliminary results in the 2009-2010
antidumping duty administrative review of polyethylene terephthalate
film, sheet, and strip (``PET film'') from the People's Republic of
China (``PRC'').\1\ The period of review (``POR'') is November 1, 2009,
through October 31, 2010. We have determined that sales have been made
below normal value (``NV'') by certain companies subject to this
review. We invited interested parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we made
changes to our margin calculations for Tianjin Wanhua Co., Ltd.
(``Wanhua'') and Sichuan Dongfang Insulating Material Co., Ltd.
(``Dongfang'') (collectively, ``Respondents''). The final dumping
margins for this review are listed in the ``Final Results Margins''
section below.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Preliminary Results of the 2009-2010
Antidumping Duty Administrative Review, 76 FR 68140 (November 3,
2011) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT: Thomas Martin and Jonathan Hill, 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, and (202) 482-3518, respectively.
Background
On November 3, 2011, the Department published its Preliminary
Results in the antidumping duty administrative review of PET film from
the People's Republic of China.\2\ On November 28, 2011, DuPont Teijin
Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. (collectively, ``Petitioners''), Wanhua, and Fuwei
Films (Shandong) Co., Ltd. (``Fuwei Films'') submitted publicly
available surrogate value (``SV'') data. On December 8, 2011,
Petitioners \3\, Wanhua, Fuwei Films and Dongfang submitted rebuttal
comments regarding the November 28, 2011, submissions. We received case
briefs from Petitioners, Wanhua, Fuwei Films and Shaoxing Xiangyu Green
Packing Co., Ltd. (jointly ``Wanhua et al''), Dongfang, and Bemis
Company, Inc. (``Bemis'') on December 14, 2011, and rebuttal briefs on
December 21, 2011. On January 12, 2012 the Department held a public
hearing.
---------------------------------------------------------------------------
\2\ See Preliminary Results.
\3\ The Department rejected the Petitioners' December 8, 2011,
surrogate value rebuttal comments because it contained new surrogate
value information. Petitioners removed the material and resubmitted
the rebuttal comments on December 16, 2011.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this 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, ``Polyethylene Terephthalate Film, Sheet, and Strip
from the People's
[[Page 14494]]
Republic of China: Issues and Decision Memorandum for the Final Results
of the 2009-2010 Administrative Review,'' dated March 2, 2012 (``Issues
and Decision Memorandum''), which is hereby adopted by this notice. A
list of the issues that parties raised and to which we responded in the
Issues and Decision Memorandum follows as an appendix to this notice.
The Issues and Decision Memorandum is a public document and 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, Main Commerce Building, Room 7046. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Internet at https://www.trade.gov/ia. The paper copy and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Period of Review
The POR is November 1, 2009, through October 31, 2010.
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded. Excluded
are metalized 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 HTSUS. While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes in the margin calculation. For the final results,
the Department has made the following changes:
We revised the calculated surrogate overhead, selling,
general and administrative expenses, and profit applicable to
Respondents using information from the financial statements of JBF
Industries Limited, a manufacturer in India of merchandise comparable
to the subject merchandise.
We revised the surrogate valuation of PET scrap sold,
applying Indian HTS subheading 3907.60.
Final Results Margin
We determine the weighted-average dumping margins for the period
November 1, 2009, through October 31, 2010, to be:
Polyethylene Terephthalate Film, Sheet, and Strip From the PRC
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percentage)
------------------------------------------------------------------------
Tianjin Wanhua Co., Ltd................................. 8.42
Sichuan Dongfang Insulating Material Co., Ltd........... 10.87
Fuwei Films (Shandong) Co., Ltd......................... 8.48
Shaoxing Xiangyu Green Packing Co., Ltd................. 8.48
PRC-wide Entity \4\..................................... 76.72
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.212(b), the Department will
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. For
assessment purposes, we calculated importer (or customer)-specific
assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to assess that importer (or customer's) entries of subject
merchandise without regard to antidumping duties, in accordance with 19
CFR 351.106(c)(2). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
---------------------------------------------------------------------------
\4\ Shanghai Xishu Electric Material Co., Ltd. and Shanghai
Uchem Co., Ltd. are part of the PRC-wide entity.
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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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For Wanhua,
Dongfang, Fuwei Films and Shaoxing Xiangyu Green Packing Co., Ltd.
(``Green Packing''), the cash deposit rate will be the rate identified
in the Final Results Margin section, as listed above; (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will continue to be the PRC-wide rate of 76.72 percent; \5\ and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. The deposit
requirements shall remain in effect until further notice.
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\5\ This rate was established in the final results of the
original investigation. See Polyethylene Terephthalate Film, Sheet,
and Strip from the People's Republic of China: Final Determination
of Sales at Less Than Fair Value, 73 FR 55039 (September 24, 2008).
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Notification to Importers
This notice also 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or
[[Page 14495]]
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/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.
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 2, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
Issues for the Final Results
Surrogate Country Selection and Surrogate Financial Ratios
Issue 1: Whether the Department should have selected India or
Thailand as the Surrogate Country.
Issue 2: Whether the Department should have selected the
financial statement of JBF Industries Ltd. to calculate financial
ratios.
Issue 3: Whether the Department should have rejected financial
statements submitted in its surrogate value rebuttal comments.
Surrogate Values
Issue 4: Whether the Department should have selected the six-
digit subheading 3907.60 to value the Respondents' PET chips.
Issue 5: Whether the Department should require company
certifications for surrogate value submissions.
Issue 6: Whether the Department should have selected HTS 3915.10
to value Respondents' scrap offset.
Respondent Selection
Issue 7: Whether the Department improperly failed to select
Fuwei Films and Green Packing as mandatory respondents, and
improperly failed to consider the voluntary responses of Fuwei Films
and Green Packing.
Separate Rate
Issue 8: Whether the separate rate assigned to Fuwei Films and
Green Packing in the Preliminary Results inaccurately overstates the
antidumping margin that should be applied to these companies.
Reclaimed PET Chips
Issue 9: Whether the Department should re-calculate the
consumption of raw material inputs for Wanhua and Dongfang with
respect to reclaimed PET chips.
Wanhua
Issue 10: Whether the Department should have calculated the
consumption of material inputs of Wanhua based on an application of
adverse facts available.
Dongfang
Issue 11: Whether the Department should have adjusted Dongfang's
reported electricity and water FOPs.
Zeroing
Issue 12: Whether the Department should engage in the practice
of zeroing.
[FR Doc. 2012-5936 Filed 3-9-12; 8:45 am]
BILLING CODE P