Polyethylene Terephthalate Film, Sheet and Strip From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 50029-50030 [2013-19732]

Download as PDF Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices Notification to Importers This notice also serves as a preliminary 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 the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Cash Deposit Requirements emcdonald on DSK67QTVN1PROD with NOTICES results of review, or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to dumping margins. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.7 This clarification will apply to entries of subject merchandise during the POR produced by CP Kelco for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Appendix I The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of CMC from Finland entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for CP Kelco Oy will be the rate established in the final results of this administrative review except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fairvalue 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; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.65 percent, the allothers rate established in the less-thanfair-value investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. List of Topics Discussed in the Preliminary Decision Memorandum Scope of the Order Methodology Fair Value Comparisons Product Comparisons Date of Sale U.S. Price Normal Value Currency Conversion Differential Pricing Analysis 7 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 2005). VerDate Mar<15>2010 19:06 Aug 15, 2013 Jkt 229001 Dated: August 1, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–19730 Filed 8–15–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–841] Polyethylene Terephthalate Film, Sheet and Strip From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 16, 2013. SUMMARY: In response to requests from respondent Terphane Ltda. and 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. The administrative review covers Terphane Ltda. and Terphane Inc. (collectively, Terphane) for the period of review (POR) November 1, 2011, through October 31, 2012. As we currently have no evidence of any AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 50029 reviewable entries, shipments or sales of subject PET film by Terphane during the POR, we are issuing a preliminary no shipment determination.1 FOR FURTHER INFORMATION CONTACT: Tyler Weinhold 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) 482–1121 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: 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. PET film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States.2 Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. 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:// iaaccess.trade.gov. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination of No Shipments Based on information Terphane submitted after the initiation of this administrative review and information collected from U.S. Customs and Border 1 Terphane is the only respondent in this review. a full description of the scope of the order, see ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet and Strip from Brazil: 2011–2012,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. 2 For E:\FR\FM\16AUN1.SGM 16AUN1 50030 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices Protection (CBP), the Department has preliminarily determined that the record evidence indicates that Terphane currently had no reviewable entries during the POR. In addition, the Department finds that it is not appropriate to rescind the review with respect to Terphane but, rather, to complete the review with respect to them and issue appropriate instructions to CBP based on the final results of this review, as is our recent past practice.3 emcdonald on DSK67QTVN1PROD with NOTICES Assessment Rates The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which these companies did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review. Comments Interested parties are invited to comment on these preliminary results and submit written arguments or case briefs within 30 days after the date of publication of this notice, unless otherwise notified by the Department.4 Parties are reminded that written comments or case briefs are not the place for submitting new factual material. Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later.5 Parties who submit case or rebuttal briefs are requested to submit with each argument: (1) A statement of the issue; and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for 3 See, e.g., Certain Frozen Warmwater Shrimp From Thailand: Preliminary Results of Antidumping Duty Administrative Review and Intent To Revoke the Order (in Part); 2011–2012, 78 FR 15686 (March 12, 2013) and the accompanying Decision Memorandum at 7 to 8. 4 See 19 CFR 351.309(c)(ii). 5 See 19 CFR 351.309(d). VerDate Mar<15>2010 19:06 Aug 15, 2013 Jkt 229001 Import Administration within 30 days after the day of publication of this notice. A request should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed.6 Issues raised in the hearing will be limited to those raised in case briefs. The Department will issue the final results of administrative review, including the results of our analysis of issues raised in any briefs, within 90 days after the date on which the preliminary results were issued, unless the deadline for the final results is extended.7 Notification to Importers This notice serves as a preliminary reminder to the 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice is published in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f). Dated: August 2, 2013. Paul Piquado, Assistant Secretary for Import Administration. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Implementation of New Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice; implementation of competitive research program. AGENCY: NOAA announces the implementation, under the authority of the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act) of 6 See 7 See PO 00000 19 CFR 351.310(c). 19 CFR 351.214(i). Frm 00009 Fmt 4703 Sfmt 4703 I. Introduction The Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act) of 2012 authorized the establishment of a science, observation, monitoring and technology program on ecosystem restoration (RESTORE Act Science Program). Under Section 1604 of the RESTORE Act, the National Oceanic and Atmospheric Administration (NOAA) has been designated with responsibilities to establish the Program which is to be funded by 2.5% of the Gulf Coast Ecosystem Restoration Trust Fund plus twenty-five percent of the Trust Fund accrued interest. II. Program Administration [FR Doc. 2013–19732 Filed 8–15–13; 8:45 am] SUMMARY: 2012, of a new competitive science program to ensure the long-term sustainability of the Gulf of Mexico ecosystem and the communities that depend on it. FOR FURTHER INFORMATION CONTACT: Russ Beard, Acting Program Director, Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program, National Centers for Coastal Ocean Science, NOS. Email: NOAARestoreScience@noaa.gov. Phone: 228.688.2936. Mailing Address: 1021 Balch Boulevard, Suite 1003, Stennis Space Center, MS 39529. SUPPLEMENTARY INFORMATION: The Program will be housed within the National Ocean Service’s National Center for Coastal Ocean Science (NCCOS). NCCOS’s experience running competitive science programs focused on pressing coastal and ocean issues, its experience working in the Gulf of Mexico, and its demonstrated ability to transfer research results to resource managers makes it a logical home for the Program. In addition, NOAA established an Executive Oversight Board consisting of senior executives representing each of the NOAA Line Offices, as well as a senior executive from the US Fish and Wildlife Service, to oversee continuing development and implementation of the program, provide strategic and programmatic guidance to a Program Support Team and eventual approval of the Science and Engagement Plans developed by the Support Team. The Program and the Executive Oversight Board will consult with the RESTORE Act Council, science advisory bodies that may be established pursuant to the Act, and other entities as deemed appropriate by NOAA or the Department of Commerce. E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50029-50030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19732]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet and Strip From Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

DATES: Effective Date: August 16, 2013.
SUMMARY: In response to requests from respondent Terphane Ltda. and 
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. The administrative review 
covers Terphane Ltda. and Terphane Inc. (collectively, Terphane) for 
the period of review (POR) November 1, 2011, through October 31, 2012. 
As we currently have no evidence of any reviewable entries, shipments 
or sales of subject PET film by Terphane during the POR, we are issuing 
a preliminary no shipment determination.\1\
---------------------------------------------------------------------------

    \1\ Terphane is the only respondent in this review.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold 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) 482-1121 
---------------------------------------------------------------------------
or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

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. PET film 
is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff 
Schedule of the United States.\2\
---------------------------------------------------------------------------

    \2\ For a full description of the scope of the order, see 
``Decision Memorandum for the Preliminary Results of the Antidumping 
Duty Administrative Review of Polyethylene Terephthalate Film, Sheet 
and Strip from Brazil: 2011-2012,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration (Preliminary Decision Memorandum), dated concurrently 
with these results and hereby adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. 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://iaaccess.trade.gov. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Determination of No Shipments

    Based on information Terphane submitted after the initiation of 
this administrative review and information collected from U.S. Customs 
and Border

[[Page 50030]]

Protection (CBP), the Department has preliminarily determined that the 
record evidence indicates that Terphane currently had no reviewable 
entries during the POR. In addition, the Department finds that it is 
not appropriate to rescind the review with respect to Terphane but, 
rather, to complete the review with respect to them and issue 
appropriate instructions to CBP based on the final results of this 
review, as is our recent past practice.\3\
---------------------------------------------------------------------------

    \3\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent To Revoke the Order (in Part); 2011-2012, 78 FR 15686 (March 
12, 2013) and the accompanying Decision Memorandum at 7 to 8.
---------------------------------------------------------------------------

Assessment Rates

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which these companies did not know that the 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue 
assessment instructions directly to CBP 15 days after publication of 
the final results of this review.

Comments

    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department.\4\ Parties are reminded that written comments or 
case briefs are not the place for submitting new factual material. 
Rebuttal briefs, limited to issues raised in the case briefs, will be 
due five days later.\5\ Parties who submit case or rebuttal briefs are 
requested to submit with each argument: (1) A statement of the issue; 
and (2) a brief summary of the argument. Parties are requested to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(c)(ii).
    \5\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration within 30 days after the 
day of publication of this notice. A request should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed.\6\ Issues 
raised in the hearing will be limited to those raised in case briefs. 
The Department will issue the final results of administrative review, 
including the results of our analysis of issues raised in any briefs, 
within 90 days after the date on which the preliminary results were 
issued, unless the deadline for the final results is extended.\7\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.214(i).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to the 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is published in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: August 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-19732 Filed 8-15-13; 8:45 am]
BILLING CODE 3510-DS-P