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 http:// 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 http://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