Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review, 20357-20358 [2012-8108]
Download as PDF
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
results of these reviews are currently
due no later than May 2, 2012.
Statutory Time Limits
In antidumping duty administrative
reviews, section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), requires the Department to make
a preliminary determination within 245
days after the last day of the anniversary
month of an order for which a review
is requested and a final determination
within 120 days after the date on which
the preliminary results are published.
However, if it is not practicable to
complete the review within these time
periods, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the preliminary
determination to a maximum of 365
days after the last day of the anniversary
month.
Extension of Time Limit for Preliminary
Results of Review
We determine that it is not practicable
to complete the preliminary results of
these reviews within the original time
limit because the Department requires
additional time to analyze questionnaire
responses, issue supplemental
questionnaires, conduct verification,
and to evaluate surrogate value
submissions.
Therefore, the Department is
extending the time limit for completion
of the preliminary results of these
reviews by 120 days. The preliminary
results will now be due no later than
August 30, 2012. The final results
continue to be due 120 days after the
publication of the preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
Dated: March 26, 2012.
Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012–8116 Filed 4–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
emcdonald on DSK29S0YB1PROD with NOTICES
[A–520–803]
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.
AGENCY:
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
On December 7, 2011, 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.1
This review covers one producer/
exporter of subject merchandise: JBF
RAK LLC (JBF). Based on 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 4, 2012
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Since the preliminary results, the
following events have taken place. JBF
submitted a timely case brief on January
6, 2012. DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC,
Inc., and Toray Plastics (America), Inc.
(collectively, Petitioners) filed a timely
rebuttal brief on January 11, 2012.
Period of Review
The period of review 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
polyethylene terephthalate film (PET
Film), whether extruded or co-extruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer more than
0.00001 inches thick. Also excluded is
roller transport cleaning film which has
at least one of its surfaces modified by
application of 0.5 micrometers of SBR
latex. Tracing and drafting film is also
excluded. PET Film is classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative
Review, 76 FR 76365 (December 7, 2011).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
20357
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs by parties in this
administrative review are addressed in
the Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, ‘‘Antidumping Duty
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip
from the United Arab Emirates: Issues
and Decision Memorandum for the
Final Results’’ (Decision Memorandum),
dated concurrently with, and 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 Services System (IA
ACCESS). Access to IA ACCESS is
available in the Central Records Unit
(CRU) of the main Commerce Building,
room 7046. In addition, a complete
version of the Decision Memorandum is
also accessible on the Web at https://
ia.ita.doc.gov/frn. The signed Decision
Memorandum 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 have made
adjustments to our margin calculations
for JBF. Specifically, we revised coding
in our margin program to correct an
error in the deduction of credit expenses
from the home market gross unit price.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage margin exists for the period of
November 1, 2009, through October 31,
2010:
Manufacturer/exporter
JBF RAK LLC .......................
WeightedAverage
margin
(percent)
3.14
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise in accordance with the
final results of this review. For
assessment purposes, where the
respondent reported the entered value
for its sales, we calculated importerspecific (or customer-specific) ad
E:\FR\FM\04APN1.SGM
04APN1
20358
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
emcdonald on DSK29S0YB1PROD with NOTICES
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)(1).
However, where the respondent did not
report the entered value for its sales, we
have calculated importer-specific (or
customer-specific) per-unit assessment
rates by aggregating the total amount of
antidumping duties calculated for the
examined sales and dividing this
amount by the total quantity of those
sales.2 We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific 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 will instruct CBP to
liquidate, without regard to
antidumping duties, any entries for
which the assessment rate is de
minimis. 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, 2003.3 This clarification applies
to entries of subject merchandise during
the period of review produced by JBF
for which JBF did not know the
merchandise it sold to an intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate non-reviewed
entries at the all-others rate of 4.05
percent from the investigation if there is
no rate for the intermediate
company(ies) involved in the
transaction.4
2 JBF notified CBP in a ‘‘prior disclosure’’ letter
that some entries of subject merchandise were
misidentified as ‘‘free and dutiable’’ entries at the
time of entry. A ‘‘prior disclosure’’ letter is
provided for in CBP’s regulations (19 CFR 162.74).
The letter allows importers to correct mistakes
made during the entry process on their initiative,
thus avoiding possible sanctions or penalties. JBF
has certified that it is working with CBP to ensure
these entries are properly classified, and the
Department is working with CBP to ensure that all
entries, including those misidentified, will be
assessed at the appropriate rate in accordance with
these final results.
3 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
4 See id.; see also Polyethylene Terephthalate
Film, Sheet, and Strip From Brazil, the People’s
Republic of China and the United Arab Emirates:
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value for
the United Arab Emirates, 73 FR 66595 (November
10, 2008) (Order).
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
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 company
covered by this review, the cash deposit
rate will be the rate 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 companyspecific 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 4.05 percent,
the all-others rate established in the less
than fair value investigation.5 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 Department’s
presumption that reimbursement of
antidumping duties occurred, and in the
5 See
PO 00000
Order.
Frm 00006
Fmt 4703
Sfmt 4703
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: March 29, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Zeroing
Comment 2: Deductions from Home Market
Price
[FR Doc. 2012–8108 Filed 4–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of Antidumping
Duty New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the new shipper review of the
antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the Socialist Republic of Vietnam
(‘‘Vietnam’’).1 We gave interested
parties an opportunity to comment on
the Preliminary Results. None were
submitted. As a result, these final
results do not differ from the
Preliminary Results. The final dumping
margin for Thong Thuan Company
Limited, and its subsidiary company,
Thong Thuan Seafood Company
Limited (collectively, ‘‘Thong Thuan’’)
for the period of review (‘‘POR’’)
February 1, 2010, through January 31,
2011, is listed in the ‘‘Final Results of
Review’’ section below.
DATES: Effective Date: April 4, 2012.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4031.
AGENCY:
1 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty New Shipper Review, 77 FR
1053 (January 9, 2012) (‘‘Preliminary Results’’).
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20357-20358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8108]
-----------------------------------------------------------------------
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 7, 2011, 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.\1\ This review covers one
producer/exporter of subject merchandise: JBF RAK LLC (JBF). Based on
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.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 76365 (December 7, 2011).
---------------------------------------------------------------------------
DATES: Effective Date: April 4, 2012
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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.
SUPPLEMENTARY INFORMATION:
Background
Since the preliminary results, the following events have taken
place. JBF submitted a timely case brief on January 6, 2012. DuPont
Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray
Plastics (America), Inc. (collectively, Petitioners) filed a timely
rebuttal brief on January 11, 2012.
Period of Review
The period of review 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 polyethylene terephthalate film (PET Film), whether
extruded or co-extruded. Excluded are metallized films and other
finished films that have had at least one of their surfaces modified by
the application of a performance-enhancing resinous or inorganic layer
more than 0.00001 inches thick. Also excluded is roller transport
cleaning film which has at least one of its surfaces modified by
application of 0.5 micrometers of SBR latex. Tracing and drafting film
is also excluded. PET Film is classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United States
(HTSUS). While HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by parties in
this administrative review are addressed in the Memorandum to Paul
Piquado, Assistant Secretary for Import Administration, from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, ``Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab
Emirates: Issues and Decision Memorandum for the Final Results''
(Decision Memorandum), dated concurrently with, and 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 Services System (IA ACCESS).
Access to IA ACCESS is available in the Central Records Unit (CRU) of
the main Commerce Building, room 7046. In addition, a complete version
of the Decision Memorandum is also accessible on the Web at https://ia.ita.doc.gov/frn. The signed Decision Memorandum 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 have made
adjustments to our margin calculations for JBF. Specifically, we
revised coding in our margin program to correct an error in the
deduction of credit expenses from the home market gross unit price.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period of November 1, 2009,
through October 31, 2010:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter Average margin
(percent)
------------------------------------------------------------------------
JBF RAK LLC............................................. 3.14
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For assessment purposes, where the respondent reported the
entered value for its sales, we calculated importer-specific (or
customer-specific) ad
[[Page 20358]]
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)(1). However, where the
respondent did not report the entered value for its sales, we have
calculated importer-specific (or customer-specific) per-unit assessment
rates by aggregating the total amount of antidumping duties calculated
for the examined sales and dividing this amount by the total quantity
of those sales.\2\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review if any importer-specific
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 will instruct CBP to liquidate, without regard to
antidumping duties, any entries for which the assessment rate is de
minimis. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
these final results of review.
---------------------------------------------------------------------------
\2\ JBF notified CBP in a ``prior disclosure'' letter that some
entries of subject merchandise were misidentified as ``free and
dutiable'' entries at the time of entry. A ``prior disclosure''
letter is provided for in CBP's regulations (19 CFR 162.74). The
letter allows importers to correct mistakes made during the entry
process on their initiative, thus avoiding possible sanctions or
penalties. JBF has certified that it is working with CBP to ensure
these entries are properly classified, and the Department is working
with CBP to ensure that all entries, including those misidentified,
will be assessed at the appropriate rate in accordance with these
final results.
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\3\ This clarification applies to entries of subject
merchandise during the period of review produced by JBF for which JBF
did not know the merchandise it sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate non-
reviewed entries at the all-others rate of 4.05 percent from the
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\4\
---------------------------------------------------------------------------
\3\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\4\ See id.; see also Polyethylene Terephthalate Film, Sheet,
and Strip From Brazil, the People's Republic of China and the United
Arab Emirates: Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595 (November 10, 2008) (Order).
---------------------------------------------------------------------------
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 company covered by this review, the
cash deposit rate will be the rate 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 4.05 percent, the all-others
rate established in the less than fair value investigation.\5\ These
deposit requirements shall remain in effect until further notice.
---------------------------------------------------------------------------
\5\ See Order.
---------------------------------------------------------------------------
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 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: March 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Zeroing
Comment 2: Deductions from Home Market Price
[FR Doc. 2012-8108 Filed 4-3-12; 8:45 am]
BILLING CODE 3510-DS-P