Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates; Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73010-73011 [2012-29643]
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73010
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
Signed at Washington, DC, this 30th day of
November 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign-Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012–29655 Filed 12–6–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–803]
Polyethylene Terephthalate Film,
Sheet, and Strip From the United Arab
Emirates; Preliminary Results of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from the United
Arab Emirates (UAE). The period of
review (POR) is November 1, 2010,
through October 31, 2011. The review
covers two producer/exporters of the
subject merchandise—JBF RAK LLC
(JBF) and FLEX Middle East FZE
(FLEX). The Department preliminarily
determines that sales of subject
merchandise have been made below
normal value by JBF and that FLEX did
not make sales of subject merchandise
below normal value.
DATES: Effective Date: December 7, 2012
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, or Gene Calvert, 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) 482–4261 or (202) 482–
3586, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
tkelley on DSK3SPTVN1PROD with
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
polyethylene terephthalate 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
VerDate Mar<15>2010
18:05 Dec 06, 2012
Jkt 229001
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. Polyethylene terephthalate
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.
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
‘‘Decision Memorandum for the
Preliminary Results of Antidumping
Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet,
and Strip from the United Arab
Emirates’’ (Preliminary Decision
Memorandum), dated concurrently with
these results and hereby adopted by this
notice. The Preliminary 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).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
As a result of our review, we
preliminarily determine the following
weighted-average dumping margins
exist for the period November 1, 2010,
through October 31, 2011:
Manufacturer/exporter
JBF RAK LLC .........................
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Weightedaverage
margin
(percent)
5.31
Manufacturer/exporter
FLEX Middle East FZE ...........
Weightedaverage
margin
(percent)
0.00
Disclosure and Public Comment
The Department intends to disclose
the calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties are invited to
comment on the preliminary results of
this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may not be
filed later than five days after the time
limit for filing case briefs.1 Parties who
submit case briefs or rebuttal briefs in
this review are requested to submit with
each brief: (1) A statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities.2 Executive
summaries should be limited to five
pages total, including footnotes.3
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, the Department
will notify interested parties of the
hearing schedule. Interested parties who
wish to request a hearing, or to
participate if one is requested, must
submit a written request to the Assistant
Secretary for Import Administration,
filed electronically via IA ACCESS
within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case briefs.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.4
Assessment Rates
Upon issuing the final results of the
review, the Department shall determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
1 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2), (d)(2).
3 See id.
4 See section 751(a)(3)(A) of the Act.
2 See
E:\FR\FM\07DEN1.SGM
07DEN1
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
on all appropriate entries. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).5 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
tkelley on DSK3SPTVN1PROD with
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET Film from the UAE entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 4.05
5 In these preliminary results, the Department
applied the assessment rate calculation
methodology adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
VerDate Mar<15>2010
18:05 Dec 06, 2012
Jkt 229001
percent, the all-others rate established
in the investigation.6 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary 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 the subsequent assessment
of double antidumping duties.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Comparisons to Normal Value
2. Product Comparisons
3. Arm’s-Length Test
4. Date of Sale
5. JBF’s Margin Calculation
6. FLEX’s Margin Calculation
7. Currency Conversions
[FR Doc. 2012–29643 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–908]
Sodium Hexametaphosphate From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the ‘‘Department’’) is
conducting the third administrative
review of the antidumping duty order
on sodium hexametaphosphate
(‘‘sodium hex’’) from the People’s
AGENCY:
6 See 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, 66597 (November 10, 2008).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
73011
Republic of China (‘‘PRC’’) for the
period of review (‘‘POR’’) March 1,
2011, through February 29, 2012. The
Department has preliminarily
determined that there are no reviewable
entries during the POR.
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202.482.0413.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this order consists of
sodium hexametaphosphate.1 The
merchandise subject to this order is
currently classifiable in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical reporting number
2835.39.5000. However, it may also be
imported as a blend or mixture under
heading 3824.90.3900. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written product description, available in
the Order remains dispositive.2
Preliminary Finding of No Shipments
Hubei Xingfa Chemical Group Co.,
Ltd. (‘‘Hubei Xingfa’’) and Sichuan
Mianzhu Norwest Phosphate Co.
(‘‘Norwest’’) submitted timely-filed
certifications that they had no sales of
subject merchandise to the United
States during the POR.3 The Department
also received information from U.S.
Customs and Border Protection (‘‘CBP’’)
indicating that there were no reviewable
transactions from Hubei Xingfa or
Norwest during the POR. Therefore, we
preliminarily determine that Hubei
Xingfa and Norwest had no reviewable
transactions of subject merchandise
during the POR. Because Hubei Xingfa
and Norwest submitted timely noshipment certifications and CBP data
indicated that there were no reviewable
transactions for these companies during
the POR, we preliminarily determine
that these two companies will retain
their separate rate from the previous
1 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Sodium Hexametaphosphate from the
People’s Republic of China,’’ (‘‘Preliminary
Decision Memorandum’’) from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration,
dated concurrently with these results and hereby
adopted by this notice.
2 See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People’s Republic of
China, 73 FR 14772 (March 19, 2008) (‘‘Order’’).
3 See Hubei Xingfa’s letter dated May 4, 2012; see
also Norwest’s letter dated June 29, 2012.
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73010-73011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29643]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates; Preliminary Results of Antidumping Duty Administrative
Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET Film) from the United Arab
Emirates (UAE). The period of review (POR) is November 1, 2010, through
October 31, 2011. The review covers two producer/exporters of the
subject merchandise--JBF RAK LLC (JBF) and FLEX Middle East FZE (FLEX).
The Department preliminarily determines that sales of subject
merchandise have been made below normal value by JBF and that FLEX did
not make sales of subject merchandise below normal value.
DATES: Effective Date: December 7, 2012
FOR FURTHER INFORMATION CONTACT: Andrew Huston, or Gene Calvert, 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) 482-
4261 or (202) 482-3586, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate 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. Polyethylene terephthalate 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.
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Ronald
K. Lorentzen, Acting Assistant Secretary for Import Administration,
``Decision Memorandum for the Preliminary Results of Antidumping Duty
Administrative Review: Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates'' (Preliminary Decision
Memorandum), dated concurrently with these results and hereby adopted
by this notice. The Preliminary 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). IA ACCESS is available to registered users at
https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at https://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margins exist for the period November 1, 2010,
through October 31, 2011:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
JBF RAK LLC............................................... 5.31
FLEX Middle East FZE...................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may not be filed later than five days after the
time limit for filing case briefs.\1\ Parties who submit case briefs or
rebuttal briefs in this review are requested to submit with each brief:
(1) A statement of the issue, (2) a brief summary of the argument, and
(3) a table of authorities.\2\ Executive summaries should be limited to
five pages total, including footnotes.\3\
---------------------------------------------------------------------------
\1\ See 19 CFR 351.309(d)(1).
\2\ See 19 CFR 351.309(c)(2), (d)(2).
\3\ See id.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, the Department will notify
interested parties of the hearing schedule. Interested parties who wish
to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Import
Administration, filed electronically via IA ACCESS within 30 days after
the date of publication of this notice. Requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\4\
---------------------------------------------------------------------------
\4\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties
[[Page 73011]]
on all appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\5\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\5\ In these preliminary results, the Department applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from the UAE entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 4.05 percent, the
all-others rate established in the investigation.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\6\ See 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,
66597 (November 10, 2008).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary 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 the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Comparisons to Normal Value
2. Product Comparisons
3. Arm's-Length Test
4. Date of Sale
5. JBF's Margin Calculation
6. FLEX's Margin Calculation
7. Currency Conversions
[FR Doc. 2012-29643 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-DS-P
