Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Notice of Rescission of Antidumping Duty Administrative Review, 31833-31834 [2012-13072]

Download as PDF Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices will be posted on the dedicated Colombia Trade Promotion Agreement textile safeguards section of the Office of Textile and Apparel (OTEXA) Web site. The confidential version of the requests, responses or rebuttals will not be shared with the public as it may contain business confidential information. Entities submitting responses or rebuttals may use the public version of the request as a basis for responses. Dated: May 23, 2012. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. II. Method of Collection [A–351–841] When an interested party files a request for a textile and apparel safeguard action with CITA, ten copies of any such request must be provided in a paper format. If business confidential information is provided, two copies of a non-confidential version must also be provided. Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Notice of Rescission of Antidumping Duty Administrative Review OMB Control Number: None. Form Number(s): None. Type of Review: Regular submission (new information collection). Affected Public: Individuals or households; business or other for-profit organizations. Estimated Number of Respondents: 6 (1 for Request; 5 for Comments). Estimated Time per Response: 4 hours for a Request; and 4 hours for each Comment. Estimated Total Annual Burden Hours: 24. Estimated Total Annual Cost to Public: $960. IV. Request for Comments srobinson on DSK4SPTVN1PROD with NOTICES BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Import Administration, International Trade Administration, Department of Commerce. AGENCY: In response to a request from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Brazil for the period November 1, 2010, through October 31, 2011. Based on petitioners’ withdrawal of its request, we are now rescinding this administrative review. DATES: Effective Date: May 30, 2012. FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone: (202) 482–2657 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: III. Data Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. VerDate Mar<15>2010 [FR Doc. 2012–12994 Filed 5–29–12; 8:45 am] 17:58 May 29, 2012 Jkt 226001 Background On December 30, 2011, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on PET Film from Brazil for the period November 1, 2010 through October 31, 2011. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 82268 (December 30, 2011). This review covers Terphane, Inc. and Terphane, Ltda. Petitioners were the only party to request a review of these companies. On March 29, 2012, petitioners withdrew their request for an administrative review of Terphane, Inc. and Terphane, Ltda. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 31833 Scope of the Order The products covered by this order are all gauges of raw, pre-treated, or primed 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 these orders is dispositive. Rescission of Review Pursuant to 19 CFR 351.213(d)(1) of the Department’s regulations, the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the publication of the notice of initiation of the requested review, or withdraws at a later date if the Department exercises its discretion to extend the time limit for withdrawing the request. Petitioners withdrew their request within the 90day deadline, and no other party requested a review. Therefore, we are rescinding the review with respect to all companies. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notifications This notice serves as a final reminder to importers for whom this review is being rescinded 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 E:\FR\FM\30MYN1.SGM 30MYN1 31834 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, 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. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 14, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–13072 Filed 5–29–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–838] Clad Steel Plate from Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2012, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on clad steel plate from Japan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate on behalf of the domestic interested party, and no response from respondent interested parties, the Department conducted an expedited (120-day) sunset review for this order pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping. DATES: Effective Date: May 30, 2012. FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:58 May 29, 2012 Jkt 226001 Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3693. SUPPLEMENTARY INFORMATION: Background On February 1, 2012, the Department published the notice of initiation of the third sunset review of the antidumping duty order on clad steel plate from Japan pursuant to section 751(c) of the Act. See Initiation of Five-Year (Sunset) Review, 77 FR 4995 (Feb. 1, 2012) (Notice of Initiation). On February 15, 2012, the Department received a notice of intent to participate from ArcelorMittal USA, LLC (AMUSA), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i). The company claimed interested party status under section 771(9)(C) of the Act as a U.S. producer of clad steel plate in the United States. The Department received an adequate substantive response to the notice of initiation from AMUSA within the 30day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order on clad steel plate from Japan. Scope of the Order The scope of the order is all clad 1 steel plate of a width of 600 millimeters (mm) or more and a composite thickness of 4.5 mm or more. Clad steel plate is a rectangular finished steel mill product consisting of a layer of cladding material (usually stainless steel or nickel) which is metallurgically bonded to a base or backing of ferrous metal (usually carbon or low alloy steel) where the latter predominates by weight. 1 Cladding is the association of layers of metals of different colors or natures by molecular interpenetration of the surfaces in contact. This limited diffusion is characteristic of clad products and differentiates them from products metalized in other manners (e.g., by normal electroplating). The various cladding processes include pouring molten cladding metal onto the basic metal followed by rolling; simple hot-rolling of the cladding metal to ensure efficient welding to the basic metal; any other method of deposition of superimposing of the cladding metal followed by any mechanical or thermal process to ensure welding (e.g., electrocladding), in which the cladding metal (nickel, chromium, etc.) is applied to the basic metal by electroplating, molecular interpenetration of the surfaces in contact then being obtained by heat treatment at the appropriate temperature with subsequent cold rolling. See Harmonized Commodity Description and Coding System Explanatory Notes, Chapter 72, General Note (IV)(C)(2)(e). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Stainless clad steel plate is manufactured to American Society for Testing and Materials (ASTM) specifications A263 (400 series stainless types) and A264 (300 series stainless types). Nickel and nickel-base alloy clad steel plate is manufactured to ASTM specification A265. These specifications are illustrative but not necessarily allinclusive. Clad steel plate within the scope of the order is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) 7210.90.10.00. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised 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, entitled, ‘‘Issues and Decision Memorandum for the Expedited Third Sunset Review of the Antidumping Duty Order on Clad Steel Plate from Japan,’’ dated May 31, 2012 (Decision Memo), which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file electronically via IA ACCESS in the Central Records Unit, Room 7046, of the main Department of Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic versions of the Decision Memo are identical in content. Final Results of Review We determine that revocation of the antidumping duty order on clad steel plate from Japan would be likely to lead to the continuation or recurrence of dumping at the following weightedaverage dumping margins: 2 2 The Department assigned this margin of 118.53 percent in the less than fair value investigation on the basis of total adverse facts available using the rate contained in the petition. See Notice of Final Determination of Sales at Less Than Fair Value: Clad Steel Plate From Japan, 61 FR 21158, 21159 (May 9, 1996). E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31833-31834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: 
Notice of Rescission of Antidumping Duty Administrative Review

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

SUMMARY: In response to a request from DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. 
(collectively, petitioners), the Department of Commerce (the 
Department) initiated an administrative review of the antidumping duty 
order on polyethylene terephthalate film, sheet, and strip (PET Film) 
from Brazil for the period November 1, 2010, through October 31, 2011. 
Based on petitioners' withdrawal of its request, we are now rescinding 
this administrative review.

DATES: Effective Date: May 30, 2012.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-2657 
or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 30, 2011, the Department published in the Federal 
Register a notice of initiation of an administrative review of the 
antidumping duty order on PET Film from Brazil for the period November 
1, 2010 through October 31, 2011. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 76 FR 82268 (December 30, 2011). This review covers Terphane, 
Inc. and Terphane, Ltda. Petitioners were the only party to request a 
review of these companies. On March 29, 2012, petitioners withdrew 
their request for an administrative review of Terphane, Inc. and 
Terphane, Ltda.

Scope of the Order

    The products covered by this order are all gauges of raw, pre-
treated, or primed 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 these orders is dispositive.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1) of the Department's regulations, 
the Department will rescind an administrative review if the party that 
requested the review withdraws its request for review within 90 days of 
the publication of the notice of initiation of the requested review, or 
withdraws at a later date if the Department exercises its discretion to 
extend the time limit for withdrawing the request. Petitioners withdrew 
their request within the 90-day deadline, and no other party requested 
a review. Therefore, we are rescinding the review with respect to all 
companies.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice.

Notifications

    This notice serves as a final reminder to importers for whom this 
review is being rescinded 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

[[Page 31834]]

duties occurred and the subsequent assessment of double antidumping 
duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: May 14, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-13072 Filed 5-29-12; 8:45 am]
BILLING CODE 3510-DS-P