Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates; Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73010-73011 [2012-29643]

Download as PDF 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 http://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 http://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]


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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 
http://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 http://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