Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2010-2011, 29700-29702 [2013-12086]
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29700
Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Notices
Dated: May 16, 2013.
Calvin N. Joyner,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2013–12155 Filed 5–20–13; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
President’s Export Council;
Subcommittee on Export
Administration; Notice of Open
Meeting
The President’s Export Council
Subcommittee on Export
Administration (PECSEA) will meet on
June 4, 2013, 9:30 a.m. (pacific daylight
time), at Boeing Defense, Space and
Security, Space and Intelligence
Systems, Building S24, Conference
Center, 2020 East Imperial Highway, El
Segundo, California 90245 and via video
teleconferencing at the Herbert C.
Hoover Building, Room 3884, 14th
Street between Constitution and
Pennsylvania Avenues NW.,
Washington, DC at 12:30 p.m. (eastern
daylight time). The PECSEA provides
advice on matters pertinent to those
portions of the Export Administration
Act, as amended, that deal with United
States policies of encouraging trade with
all countries with which the United
States has diplomatic or trading
relations and of controlling trade for
national security and foreign policy
reasons.
Agenda (Subject to Change)
TKELLEY on DSK3SPTVN1PROD with NOTICES
Tuesday, June 4
Open Session
1. Welcome and remarks by Chairman
and Vice Chair
2. Export Control Reform Update
3. Panel Discussions on Reform of
Controls on Satellites
4. Presentation of Papers or Comments
by the Public
5. Subcommittee Updates
The open session will be accessible
via teleconference to 20 participants on
a first come, first served basis. To join
the conference, submit inquiries to Ms.
Yvette Springer at
Yvette.Springer@bis.doc.gov, no later
than May 29, 2013.
A limited number of seats will be
available for the public. Reservations are
not accepted. If attending in person,
please forward your name (to appear on
badge), Title, Citizenship, Organization
Name, Organization Address, Email,
and Phone to Ms. Springer no later than
May 29, 2013. Early arrival (30 minutes)
VerDate Mar<15>2010
17:07 May 20, 2013
Jkt 229001
is requested for entry into the facility.
Name and citizenship will be verified at
Boeing upon entry. Verification requires
a driver’s license or a passport.
To the extent time permits, members
of the public may present oral
statements to the PECSEA. Written
statements may be submitted at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
PECSEA members, the PECSEA suggest
that these materials or comments be
forwarded before the meeting to Ms.
Springer via email.
For more information, contact Yvette
Springer on 202–482–2813.
Dated: May 15, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2013–12082 Filed 5–20–13; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4261, or (202)
428–3586, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the preliminary results, the
following events have taken place. The
Department received timely case briefs
from Mitsubishi Polyester Film, Inc.,
SKC, Inc., and Toray Plastics (America),
Inc. (collectively, Petitioners) and JBF
on January 14, 2013. Petitioners filed a
timely rebuttal brief with the
Department on January 22, 2013.
On March 8, 2013, the Department
released a post-preliminary analysis
memorandum of JBF which addressed
Petitioners’ targeted dumping
allegation.2 At that time, we invited
interested parties to comment on the
Post-Preliminary Analysis.3 JBF
submitted comments on the PostPreliminary Analysis on March 18,
2013, and Petitioners submitted rebuttal
comments on March 25, 2013.
International Trade Administration
Period of Review
[A–520–803]
The period of review is November 1,
2010, through October 31, 2011.
Polyethylene Terephthalate Film,
Sheet, and Strip From the United Arab
Emirates: Final Results of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2012, 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 two producers/
exporters of subject merchandise: JBF
RAK LLC (JBF) and FLEX Middle East
FZE (FLEX). Based on our analysis of
the comments received, we have made
changes to the preliminary results
which are discussed below. The final
weighted-average dumping margins are
listed below in the section titled ‘‘Final
Results of Review.’’
DATES: Effective Date: May 21, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, or Gene Calvert, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative
Review; 2010–2011, 77 FR 73010 (December 7,
2012), and accompanying Preliminary Decision
Memorandum.
PO 00000
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Fmt 4703
Sfmt 4703
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
All issues raised by parties in the case
and rebuttal briefs, as well as in the
comments and rebuttal comments
related to the Post-Preliminary Analysis,
2 See Memorandum to Paul Piquado, ‘‘2010–2011
Administrative Review of the Antidumping Duty
Order on Polyethylene Terephthalate Film, Sheet,
and Strip from the United Arab Emirates: PostPreliminary Analysis and Calculation
Memorandum of JBF RAK LLC’’ (Post-Preliminary
Analysis), dated March 8, 2013.
3 See id. at 4.
E:\FR\FM\21MYN1.SGM
21MYN1
Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Notices
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 a
public document and is available
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (IA
ACCESS). IA ACCESS is available to
registered users at https://
iaacess.trade.gov and is available in the
Central Records Unit of the main
Commerce Building, Room 7046. In
addition, a complete version of the
Decision Memorandum is also
accessible on the internet at https://
ia.ita.doc.gov/frn/. The
signed Decision Memorandum and the
electronic versions of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made
adjustments to our margin calculations
for JBF and FLEX. Specifically, in
response to Petitioners’ targeted
dumping allegation and consistent with
the Post-Preliminary Analysis, we have
adopted the alternative average-totransaction methodology for JBF.4
Moreover, in response to comments by
Petitioners, we have made changes to
the SAS programming to correct certain
clerical errors in FLEX’s margin
calculation.
Final Results of Review
As a result of this review, we
determine that the following weightedaverage dumping margins exist for the
period November 1, 2010, through
October 31, 2011:
TKELLEY on DSK3SPTVN1PROD with NOTICES
Manufacturer/exporter
Weighted average
margin
JBF RAK LLC ...........
9.80 percent ad valorem.
0.00 percent ad valorem (i.e., de minimis.)
FLEX Middle East
FZE.
4 See
id. at 2 and 3.
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17:07 May 20, 2013
Jkt 229001
Disclosure
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
this notice, consistent with 19 CFR
351.224(b).
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.5 The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after the date of publication of
these final results of review.
For assessment purposes, where the
respondent reported the entered value
for its sales, we calculated importerspecific (or customer-specific) ad
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. 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 clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.6 This clarification applies
to entries of subject merchandise during
the period of review produced by
companies under review in these final
results for which the reviewed
companies did not know their
merchandise 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
5 The Department applied the assessment rate
calculation method 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).
6 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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Frm 00005
Fmt 4703
Sfmt 4703
29701
percent from the investigation if there is
no rate for the intermediate
company(ies) involved in the
transaction.7
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
companies 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.8 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification Regarding Administrative
Protective Order
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.
7 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, 66596
(November 10, 2008).
8 See id.
E:\FR\FM\21MYN1.SGM
21MYN1
29702
Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Notices
Notification to Importers
This notice also serves as a final
reminder to importers 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
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: May 13, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Targeted Dumping
Comment 2: Grade A and Grade B Sales
Comment 3: 15-Day Liquidation Policy
Comment 4: Correction of Certain Errors in
FLEX’s SAS Program
[FR Doc. 2013–12086 Filed 5–20–13; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–428–801]
Ball Bearings and Parts Thereof From
Germany: Final Results of
Antidumping Duty Administrative
Review; 2011–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 11, 2013, the
Department of Commerce (the
Department) published the preliminary
results and partial rescission of its
administrative review of the
antidumping duty order on ball bearings
and parts thereof from Germany. The
period of review (POR) is May 1, 2011,
through September 14, 2011.1 We
received no comments from interested
parties. Accordingly, for the final results
we continue to find that subject
TKELLEY on DSK3SPTVN1PROD with NOTICES
AGENCY:
September 15, 2011, the Department revoked
the order on ball bearings and parts thereof from
Germany as the conclusion of a sunset review. See
Ball Bearings and Parts Thereof From France,
Germany and Italy: Final Results of Sunset Reviews
and Revocation of Antidumping Duty Orders, 76 FR
57019, (September 15, 2011) (Third Sunset Review).
Therefore, the POR ends on September 14, 2011.
VerDate Mar<15>2010
17:07 May 20, 2013
Jkt 229001
Background
On February 11, 2013, the Department
published the preliminary results of its
administrative review and partial
rescission of the antidumping duty
order on ball bearings and parts thereof
from Germany. See Ball Bearings and
Parts Thereof from Germany:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission; 2011–2011, 78 FR 9764
(February 11, 2013) (Preliminary
Results). We invited interested parties to
comment on the Preliminary Results.
We received no comments from
interested parties.
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
DEPARTMENT OF COMMERCE
1 On
merchandise has not been sold at less
than normal value.
DATES: Effective Date: May 21, 2013.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–1757 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
The products covered by the order are
ball bearings and parts thereof. These
products include all antifriction
bearings that employ balls as the rolling
element. Imports of these products are
classified under the following
categories: antifriction balls, ball
bearings with integral shafts, ball
bearings (including radial ball bearings)
and parts thereof, and housed or
mounted ball bearing units and parts
thereof.
Imports of these products are
classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50,
6909.19.50.10, 8414.90.41.75,
8431.20.00, 8431.39.00.10, 8482.10.10,
8482.10.50, 8482.80.00, 8482.91.00,
8482.99.05, 8482.99.35, 8482.99.25.80,
8482.99.65.95, 8483.20.40, 8483.20.80,
8483.30.40, 8483.30.80, 8483.50.90,
8483.90.20, 8483.90.30, 8483.90.70,
8708.50.50, 8708.60.50, 8708.60.80,
8708.93.30, 8708.93.60.00, 8708.99.06,
8708.99.31.00, 8708.99.40.00,
8708.99.49.60, 8708.99.58,
8708.99.80.15, 8708.99.80.80,
8803.10.00, 8803.20.00, 8803.30.00,
8803.90.30, 8803.90.90, 8708.30.50.90,
8708.40.75.70, 8708.40.75.80,
PO 00000
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Fmt 4703
Sfmt 4703
8708.50.79.00, 8708.50.89.00,
8708.50.91.50, 8708.50.99.00,
8708.70.60.60, 8708.80.65.90,
8708.93.75.00, 8708.94.75,
8708.95.20.00, 8708.99.55.00,
8708.99.68, and 8708.99.81.80.
Although the HTSUS item numbers
above are provided for convenience and
customs purposes, the written
descriptions of the scope of the order
remain dispositive.
The size or precision grade of a
bearing does not influence whether the
bearing is covered by one of the order.
The order covers all the subject bearings
and parts thereof (inner race, outer race,
cage, rollers, balls, seals, shields, etc.)
outlined above with certain limitations.
With regard to finished parts, all such
parts are included in the scope of the
order. For unfinished parts, such parts
are included if they have been heattreated or if heat treatment is not
required to be performed on the part.
Thus, the only unfinished parts that are
not covered by the order are those that
will be subject to heat treatment after
importation. The ultimate application of
a bearing also does not influence
whether the bearing is covered by the
order. Bearings designed for highly
specialized applications are not
excluded. Any of the subject bearings,
regardless of whether they may
ultimately be utilized in aircraft,
automobiles, or other equipment, are
within the scope of the order.
Changes Since the Preliminary Results
We have not revised our calculations
since our publication of the Preliminary
Results. Thus, the weighted-average
dumping margins for the companies
under review for our final results
remain unchanged.
Final Results of the Review
As a result of the administrative
review, we determine that the following
weighted-average dumping margins
exist for the respondents for the period
May 1, 2011, through September 14,
2011.
Manufacturer/exporter
Audi AG ......................................
Bayerische Motoren Werke AG ..
myonic GmbH .............................
Volkswagen AG ..........................
Volkswagen Zubehor GmbH ......
W&H Dentalwerk Burmoos
GmbH ......................................
E:\FR\FM\21MYN1.SGM
21MYN1
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
0.00
0.00
0.00
]]>Agencies
[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29700-29702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12086]
-----------------------------------------------------------------------
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;
2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2012, 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 two
producers/exporters of subject merchandise: JBF RAK LLC (JBF) and FLEX
Middle East FZE (FLEX). Based on our analysis of the comments received,
we have made changes to the preliminary results which are discussed
below. The final weighted-average dumping margins are listed below in
the section titled ``Final Results of Review.''
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2010-2011, 77 FR 73010 (December 7, 2012),
and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: May 21, 2013.
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) 428-3586, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the preliminary results, the following events have taken
place. The Department received timely case briefs from Mitsubishi
Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.
(collectively, Petitioners) and JBF on January 14, 2013. Petitioners
filed a timely rebuttal brief with the Department on January 22, 2013.
On March 8, 2013, the Department released a post-preliminary
analysis memorandum of JBF which addressed Petitioners' targeted
dumping allegation.\2\ At that time, we invited interested parties to
comment on the Post-Preliminary Analysis.\3\ JBF submitted comments on
the Post-Preliminary Analysis on March 18, 2013, and Petitioners
submitted rebuttal comments on March 25, 2013.
---------------------------------------------------------------------------
\2\ See Memorandum to Paul Piquado, ``2010-2011 Administrative
Review of the Antidumping Duty Order on Polyethylene Terephthalate
Film, Sheet, and Strip from the United Arab Emirates: Post-
Preliminary Analysis and Calculation Memorandum of JBF RAK LLC''
(Post-Preliminary Analysis), dated March 8, 2013.
\3\ See id. at 4.
---------------------------------------------------------------------------
Period of Review
The period of review is November 1, 2010, through October 31, 2011.
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
All issues raised by parties in the case and rebuttal briefs, as
well as in the comments and rebuttal comments related to the Post-
Preliminary Analysis,
[[Page 29701]]
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 a public document and is available
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Services System (IA ACCESS).
IA ACCESS is available to registered users at https://iaacess.trade.gov
and is available in the Central Records Unit of the main Commerce
Building, Room 7046. In addition, a complete version of the Decision
Memorandum is also accessible on the internet at https://ia.ita.doc.gov/frn/. The signed Decision Memorandum and the electronic
versions of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
adjustments to our margin calculations for JBF and FLEX. Specifically,
in response to Petitioners' targeted dumping allegation and consistent
with the Post-Preliminary Analysis, we have adopted the alternative
average-to-transaction methodology for JBF.\4\ Moreover, in response to
comments by Petitioners, we have made changes to the SAS programming to
correct certain clerical errors in FLEX's margin calculation.
---------------------------------------------------------------------------
\4\ See id. at 2 and 3.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period November 1, 2010,
through October 31, 2011:
------------------------------------------------------------------------
Manufacturer/exporter Weighted average margin
------------------------------------------------------------------------
JBF RAK LLC............................... 9.80 percent ad valorem.
FLEX Middle East FZE...................... 0.00 percent ad valorem
(i.e., de minimis.)
------------------------------------------------------------------------
Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
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.\5\ The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
these final results of review.
---------------------------------------------------------------------------
\5\ The Department applied the assessment rate calculation
method 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).
---------------------------------------------------------------------------
For assessment purposes, where the respondent reported the entered
value for its sales, we calculated importer-specific (or customer-
specific) ad 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. 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 clarified its ``automatic assessment'' regulation on
May 6, 2003.\6\ This clarification applies to entries of subject
merchandise during the period of review produced by companies under
review in these final results for which the reviewed companies did not
know their merchandise 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.\7\
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\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\7\ 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, 66596 (November 10, 2008).
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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 companies 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.\8\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\8\ See id.
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Notification Regarding Administrative Protective Order
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.
[[Page 29702]]
Notification to Importers
This notice also serves as a final reminder to importers 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 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: May 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Targeted Dumping
Comment 2: Grade A and Grade B Sales
Comment 3: 15-Day Liquidation Policy
Comment 4: Correction of Certain Errors in FLEX's SAS Program
[FR Doc. 2013-12086 Filed 5-20-13; 8:45 am]
BILLING CODE 3510-DS-P
