Polyethylene Terephthalate Film, Sheet and Strip From India and Taiwan: Preliminary Results of the Second Sunset Review of the Antidumping Duty Orders, 67113-67115 [2013-26851]
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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Notices
The Department will issue the final
results of this NSR, which will include
the results of its analysis of issues raised
in any such comments, within 90 days
of publication of these preliminary
results, pursuant to section
751(a)(2)(B)(iv) of the Act.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
the preliminary results. In accordance
with 19 CFR 351.301(c)(4), if an
interested party submits factual
information less than ten days before,
on, or after (if the Department has
extended the deadline), the applicable
deadline for submission of such factual
information, an interested party may
submit factual information to rebut,
clarify, or correct the factual
information no later than ten days after
such factual information is served on
the interested party. However, the
Department generally will not accept in
the rebuttal submission additional or
alternative surrogate value information
not previously on the record, if the
deadline for submission of surrogate
value information has passed.6
Furthermore, the Department generally
will not accept business proprietary
information in either the surrogate value
submissions or the rebuttals thereto, as
the regulation regarding the submission
of surrogate values allows only for the
submission of publicly available
information.7
Assessment Rates
Upon issuing the final results of this
NSR, the Department shall determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries.8 The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this NSR.
In this review, we calculated a perunit rate for each importer by dividing
the total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
6 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
7 See 19 CFR 351.301(c)(3).
8 See 19 CFR 351.212(b)(1).
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Jkt 232001
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. If the respondent’s
weighted-average dumping margin is
above de minimis, we will calculate
importer-specific ad valorem duty
assessment rate 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). Then, we will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this NSR.
Where either the respondent’s weightedaverage 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. The final results of
this NSR shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this administrative
review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
NSR for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For merchandise
produced by Jinxiang Zhongtian
Business Co., Ltd. and exported by
Goodman, the cash deposit rate will be
that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing producer/exporter-specific
combination rate; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the PRC-wide entity; and (4)
for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
producer/exporter combination that
supplied that non-PRC exporter. These
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
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67113
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 and 19
CFR 351.214, and 351.221(b)(4).
Dated: November 4, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fide Sale Analysis
5. Non-Market Economy Country Status
6. Separate Rates
7. Surrogate Country
8. Economic Comparability
9. Significant Producer of Comparable
Merchandise
10. Data Availability
11. Date of Sale
12. Fair Value Comparisons
13. Differential Pricing Analysis
14. U.S. Price
15. Normal Value
16. Factor Valuations
17. Currency Conversion
[FR Doc. 2013–26861 Filed 11–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–824, A–583–837]
Polyethylene Terephthalate Film, Sheet
and Strip From India and Taiwan:
Preliminary Results of the Second
Sunset Review of the Antidumping
Duty Orders
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 8,
2013.
SUMMARY: On April 2, 2013, the
Department of Commerce
(‘‘Department’’) initiated the second
sunset review of the antidumping duty
orders on Polyethylene Terephthalate
Film, Sheet and Strip (‘‘PET Film’’) from
India and Taiwan. The Department
determined that it was appropriate to
conduct full reviews. The Department
AGENCY:
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67114
Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Notices
preliminarily finds that revocation of
these antidumping duty orders would
be likely to lead to continuation or
recurrence of dumping at the rates
identified in the ‘‘Preliminary Results of
Review’’ section of this notice.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith or Myrna Lobo,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–5255 or (202) 482–2371,
respectively.
SUPPLEMENTARY INFORMATION:
Background
TKELLEY on DSK3SPTVN1PROD with NOTICES
The antidumping duty orders on PET
Film from India and Taiwan were
published on July 1, 2002.1 On April 2,
2013, the Department initiated the
second sunset review of these orders
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).2
The Department received a notice of
intent to participate from DuPont Teijin
Films, Mitsubishi Polyester Film, Inc.,
and SKC, Inc. (collectively, ‘‘the
domestic interested parties’’), within the
deadline specified in 19 CFR
351.218(d)(1)(i). DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., and
SKC, Inc. are manufacturers of a
domestic like product in the United
States and, accordingly, are domestic
interested parties pursuant to section
771(9)(C) of the Act.
On May 2, 2013, the Department
received an adequate substantive
response to the notice of initiation from
the domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department
received no response from the
respondent interested parties, i.e., PET
Film producers and exporters from
India and/or Taiwan. On the basis of the
notice of intent to participate and
adequate substantive response filed by
the domestic interested parties and the
inadequate response from any
respondent interested party, the
Department decided to conduct
expedited sunset reviews of these orders
pursuant to section 751(c)(3)(B) of the
1 See Notice of Amended Final Antidumping Duty
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip from India, 67
FR 44175 (July 1, 2002); see also Notice of
Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping
Duty Order: Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from Taiwan, 67 FR
44174 (July 1, 2002).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 19647 (April 2, 2013).
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18:08 Nov 07, 2013
Jkt 232001
Act and 19 CFR 351.218(e)(1)(ii)(C).
However, on July 22, 2013, the
Department revised its original
adequacy determination and determined
to conduct full sunset reviews of these
orders.3 The Department also extended
the deadline for issuing the preliminary
results of these full sunset reviews by 90
days, to October 18, 2013.4 The reviews
were converted to full sunset reviews to
provide interested parties with an
opportunity to comment concerning the
implementation of the Final
Modification for Reviews, and the
deadline was extended for the
preliminary results of these reviews
because these reviews are
extraordinarily complicated.5 On
October 18, 2013, the Department issued
a tolling memorandum extending all
deadlines by 16 days for the duration of
the government shutdown.6 The
deadline for these reviews is now
November 4, 2013.
Scope of the Orders
The products covered by these orders
are all gauges of raw, pretreated or
primed PET film, whether extruded or
coextruded. 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 of more than 0.00001
inches thick. Imports of PET film were
classifiable in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) under item number
3920.62.00. Effective July 1, 2003, the
HTSUS subheading 3920.62.00.00 was
divided into 3920.62.00.10 (metallized
PET film) and 3920.62.00.90 (nonmetallized PET film). Although the
HTSUS subheadings are provided for
the convenience and customs purposes,
the written description of the scope of
these orders is dispositive. Since these
orders were published, there was one
3 See
Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Mark
Hoadley, Acting Director, Office 6, on ‘‘Sunset
Reviews of the Antidumping Duty Orders on
Polyethylene Terephthalate Film from India and
Taiwan: Adequacy Redetermination, ’’ dated July
22, 2013.
4 See Polyethylene Terephthalate Film from India
and Taiwan: Extension of Time Limits for
Preliminary and Final Results of the Second
Antidumping Duty Sunset Reviews 78 FR 45512
(July 29, 2013) (‘‘PET Film Extension Notice’’).
5 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification for Reviews, 77 FR
8101 (February 14, 2012) (‘‘Final Modification for
Reviews’’).
6 See ‘‘Memorandum for The Record from Paul
Piquado, Assistant Secretary of Enforcement and
Compliance,’’ dated October 18, 2013 (‘‘Tolling
Memorandum’’)
PO 00000
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Sfmt 4703
scope determination for PET film from
India, dated August 25, 2003. In this
determination, requested by
International Packaging Films Inc., the
Department determined that tracing and
drafting film is outside of the scope of
the order on PET film from India.7
Analysis of Comments Received
All issues raised for the preliminary
results of these reviews are addressed in
the Issues and Decision Memorandum
(‘‘Decision Memorandum’’) from
Edward Yang, Director, Office VII,
Office of AD/CVD Operations, to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with this notice. The
issues discussed in the Decision
Memorandum are the likelihood of
continuation or recurrence of dumping,
and the magnitude of the margins of
dumping likely to prevail if these orders
were revoked. The analysis addresses
the impact of the Final Modification for
Reviews on these reviews. Parties can
find a complete discussion of all issues
raised in this review and the
corresponding recommendations in this
public memorandum which is on file
electronically via 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 is
available to all parties in the Central
Records Unit in room 7046 of the main
Commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Internet at https://trade.gov/
enforcement/. The signed Decision
Memorandum and electronic versions of
the Decision Memorandum are identical
in content.
Preliminary Results of Review
Pursuant to sections 752(c)(1) and (3)
of the Act, we preliminarily determine
that revocation of the antidumping duty
orders on PET Film from India and
Taiwan would be likely to lead to
continuation or recurrence of dumping.
Further, we determine that the
magnitude of the margins of dumping
likely to prevail are as follows:
Exporter or producer
Ester Industries Limited, Inc. ....
Polyplex Corporation Limited ...
All Others ..................................
Margin
(percent)
24.10
3.02
16.96
7 See Notice of Scope Rulings, 70 FR 24533 (May
10, 2005).
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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Notices
Exporter or producer
Nan Ya Plastics Corporation,
Ltd. ........................................
Shinkong Synthetic Fibers Corporation/Shinkong Materials
Technology Co., Ltd. .............
All Others ..................................
International Trade Administration,
U.S. Department of Commerce, 14th
Margin
Street and Constitution Avenue NW.,
(percent)
Washington, DC 20230; telephone: (202)
482–4793 or (202) 482–3818,
respectively.
8.99
SUPPLEMENTARY INFORMATION:
0.75
4.37
Interested parties may submit case
briefs no later than 50 days after the
date of publication of the preliminary
results of these full sunset reviews, in
accordance with 19 CFR
351.309(c)(1)(i). Rebuttal briefs, which
must be limited to issues raised in the
case briefs, may be filed not later than
five days after the time limit for filing
case briefs in accordance with 19 CFR
351.309(d). Any interested party may
request a hearing within 30 days of
publication of this notice in accordance
with 19 CFR 351.310(c). A hearing, if
requested, will be held two days after
the date the rebuttal briefs are due. The
Department will issue a notice of final
results of these full sunset reviews,
which will include the results of its
analysis of issues raised in any such
comments, no later than March 13,
2014.8
The Department is issuing and
publishing these preliminary results and
notice in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act.
Dated: November 4, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2013–26851 Filed 11–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Intent To
Rescind 2012 Countervailing Duty
Administrative Review, in Part
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 8,
2013.
TKELLEY on DSK3SPTVN1PROD with NOTICES
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Brooke Kennedy,
AD/CVD Operations, Office III,
Enforcement and Compliance,
8 See PET Film Extension Notice; see also Tolling
Memorandum.
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18:08 Nov 07, 2013
Jkt 232001
Background
On May 1, 2013, the Department of
Commerce (the Department) published a
notice of opportunity to request an
administrative review of the
countervailing duty (CVD) order on
aluminum extrusions from the People’s
Republic of China (PRC) for the period
January 1, 2012, through December 31,
2012.1 On May 31, 2013, we received
from Electrolux North America, Inc.,
Electrolux Home Products, Inc., and
Electrolux Major Appliances
(collectively, Electrolux), a domestic
interested party, a request that the
Department conduct an administrative
review of Hong Kong Gree Electric
Appliances Sales Limited (Hong Kong
Gree).2 On June 28, 2013, the
Department published a notice of
initiation of administrative review with
respect to 153 companies.3 On August
27, 2013, Hong Kong Gree notified the
Department that it had no shipments of
subject merchandise to the United
States during the period of review
(POR).4
Intent To Rescind the 2012
Administrative Review, in Part
Hong Kong Gree submitted a letter to
the Department certifying that it had no
shipments of subject merchandise to the
United States during the POR.
Electrolux did not comment on Hong
Kong Gree’s claim of no shipments.
Previously, on August 2, 2013, we
released the results of a U.S. Customs
and Border Protection (CBP) data query,
which showed that Hong Kong Gree had
no suspended entries of subject
merchandise during the POR.5 After
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 25420,
25424 (May 1, 2013).
2 See Letter from Crowell & Moring on behalf of
Electrolux regarding ‘‘Request for Administrative
Review’’ (May 31, 2013). This public document and
all other public documents and public versions of
business proprietary documents for this
administrative review are on file electronically via
IA ACCESS.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 38924 (June
28, 2013) (Initiation Notice).
4 See Letter from Hong Kong Gree regarding ‘‘No
Shipment Certification’’ (August 27, 2013).
5 See Department Memorandum regarding
‘‘Analysis of CBP Data and Identification of
Companies to Receive Q&V Questionnaires’’
(August 2, 2013).
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Sfmt 4703
67115
receipt of Hong Kong Gree’s no
shipment certification, we sent a ‘‘no
shipments inquiry’’ message to CBP,
which posted the message on September
20, 2013.6 CPB did not respond to the
Department within the customary ten
days regarding the inquiry into whether
there were any suspended entries from
Hong Kong Gree during the POR.
Based on our analysis of all the
information on the record, we
preliminarily determine that Hong Kong
Gree had no shipments or entries of
subject merchandise to the United
States during the POR. Therefore, in
accordance with 19 CFR 351.213(d)(3),
and consistent with our practice,7 we
preliminarily determine to rescind the
review for Hong Kong Gree. We will
continue this administrative review
with respect to those companies for
which a review was requested and not
subsequently withdrawn.8
Public Comment
The Department is setting aside a
period for interested parties to raise
issues regarding the Department’s intent
to rescind the administrative review for
Hong Kong Gree. Interested parties
should submit such comments within
20 calendar days of the publication of
this notice. All comments are to be filed
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS)
available to registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, Room 7046 of the main
Department of Commerce building, and
must also be served on interested
parties.9 An electronically filed
document must be received successfully
in its entirety by IA ACCESS by 5:00
p.m. Eastern Standard Time on the day
it is due.10 The period for public
comment is intended to provide the
Department with ample opportunity to
consider all issues prior to the issuance
any the notice of rescission of the
6 See Message number 3263301available at https://
addcvd.cbp.gov and also IA ACCESS.
7 See, e.g., Polyethylene Terephthalate Film,
Sheet and Strip From India: Rescission of
Countervailing Duty Administrative Review, 77 FR
19634 (April 2, 2012); see also Welded Carbon Steel
Standard Pipe and Tube From Turkey: Notice of
Rescission of Countervailing Duty Administrative
Review, In Part, 74 FR 47921 (September 18, 2009).
8 The Department received several submissions
for the withdrawal of administrative review
requests and will publish separately a ‘‘Notice of
Partial Rescission of Countervailing Duty
Administrative Review’’ with respect to those
companies for which review requests have been
withdrawn.
9 See 19 CFR 351.303(f).
10 See 19 CFR 351.310(c).
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]]>Agencies
[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67113-67115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26851]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824, A-583-837]
Polyethylene Terephthalate Film, Sheet and Strip From India and
Taiwan: Preliminary Results of the Second Sunset Review of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: November 8, 2013.
SUMMARY: On April 2, 2013, the Department of Commerce (``Department'')
initiated the second sunset review of the antidumping duty orders on
Polyethylene Terephthalate Film, Sheet and Strip (``PET Film'') from
India and Taiwan. The Department determined that it was appropriate to
conduct full reviews. The Department
[[Page 67114]]
preliminarily finds that revocation of these antidumping duty orders
would be likely to lead to continuation or recurrence of dumping at the
rates identified in the ``Preliminary Results of Review'' section of
this notice.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Myrna Lobo,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
(202) 482-5255 or (202) 482-2371, respectively.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty orders on PET Film from India and Taiwan were
published on July 1, 2002.\1\ On April 2, 2013, the Department
initiated the second sunset review of these orders pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act'').\2\ The
Department received a notice of intent to participate from DuPont
Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc.
(collectively, ``the domestic interested parties''), within the
deadline specified in 19 CFR 351.218(d)(1)(i). DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., and SKC, Inc. are manufacturers of a
domestic like product in the United States and, accordingly, are
domestic interested parties pursuant to section 771(9)(C) of the Act.
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping Duty Order:
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR
44175 (July 1, 2002); see also Notice of Amended Final Antidumping
Duty Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET
Film) from Taiwan, 67 FR 44174 (July 1, 2002).
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 19647
(April 2, 2013).
---------------------------------------------------------------------------
On May 2, 2013, the Department received an adequate substantive
response to the notice of initiation from the domestic interested
parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department received no response from the
respondent interested parties, i.e., PET Film producers and exporters
from India and/or Taiwan. On the basis of the notice of intent to
participate and adequate substantive response filed by the domestic
interested parties and the inadequate response from any respondent
interested party, the Department decided to conduct expedited sunset
reviews of these orders pursuant to section 751(c)(3)(B) of the Act and
19 CFR 351.218(e)(1)(ii)(C). However, on July 22, 2013, the Department
revised its original adequacy determination and determined to conduct
full sunset reviews of these orders.\3\ The Department also extended
the deadline for issuing the preliminary results of these full sunset
reviews by 90 days, to October 18, 2013.\4\ The reviews were converted
to full sunset reviews to provide interested parties with an
opportunity to comment concerning the implementation of the Final
Modification for Reviews, and the deadline was extended for the
preliminary results of these reviews because these reviews are
extraordinarily complicated.\5\ On October 18, 2013, the Department
issued a tolling memorandum extending all deadlines by 16 days for the
duration of the government shutdown.\6\ The deadline for these reviews
is now November 4, 2013.
---------------------------------------------------------------------------
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Mark Hoadley, Acting Director, Office 6, on ``Sunset Reviews of the
Antidumping Duty Orders on Polyethylene Terephthalate Film from
India and Taiwan: Adequacy Redetermination, '' dated July 22, 2013.
\4\ See Polyethylene Terephthalate Film from India and Taiwan:
Extension of Time Limits for Preliminary and Final Results of the
Second Antidumping Duty Sunset Reviews 78 FR 45512 (July 29, 2013)
(``PET Film Extension Notice'').
\5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification for Reviews, 77 FR 8101
(February 14, 2012) (``Final Modification for Reviews'').
\6\ See ``Memorandum for The Record from Paul Piquado, Assistant
Secretary of Enforcement and Compliance,'' dated October 18, 2013
(``Tolling Memorandum'')
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are all gauges of raw,
pretreated or primed PET film, whether extruded or coextruded. 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 of more than 0.00001 inches
thick. Imports of PET film were classifiable in the Harmonized Tariff
Schedule of the United States (``HTSUS'') under item number 3920.62.00.
Effective July 1, 2003, the HTSUS subheading 3920.62.00.00 was divided
into 3920.62.00.10 (metallized PET film) and 3920.62.00.90 (non-
metallized PET film). Although the HTSUS subheadings are provided for
the convenience and customs purposes, the written description of the
scope of these orders is dispositive. Since these orders were
published, there was one scope determination for PET film from India,
dated August 25, 2003. In this determination, requested by
International Packaging Films Inc., the Department determined that
tracing and drafting film is outside of the scope of the order on PET
film from India.\7\
---------------------------------------------------------------------------
\7\ See Notice of Scope Rulings, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised for the preliminary results of these reviews are
addressed in the Issues and Decision Memorandum (``Decision
Memorandum'') from Edward Yang, Director, Office VII, Office of AD/CVD
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice. The issues discussed
in the Decision Memorandum are the likelihood of continuation or
recurrence of dumping, and the magnitude of the margins of dumping
likely to prevail if these orders were revoked. The analysis addresses
the impact of the Final Modification for Reviews on these reviews.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum
which is on file electronically via 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 is available to all parties in the Central
Records Unit in room 7046 of the main Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Internet at https://trade.gov/enforcement/. The signed Decision
Memorandum and electronic versions of the Decision Memorandum are
identical in content.
Preliminary Results of Review
Pursuant to sections 752(c)(1) and (3) of the Act, we preliminarily
determine that revocation of the antidumping duty orders on PET Film
from India and Taiwan would be likely to lead to continuation or
recurrence of dumping. Further, we determine that the magnitude of the
margins of dumping likely to prevail are as follows:
------------------------------------------------------------------------
Margin
Exporter or producer (percent)
------------------------------------------------------------------------
Ester Industries Limited, Inc.............................. 24.10
Polyplex Corporation Limited............................... 3.02
All Others................................................. 16.96
[[Page 67115]]
Nan Ya Plastics Corporation, Ltd........................... 8.99
Shinkong Synthetic Fibers Corporation/Shinkong Materials 0.75
Technology Co., Ltd.......................................
All Others................................................. 4.37
------------------------------------------------------------------------
Interested parties may submit case briefs no later than 50 days
after the date of publication of the preliminary results of these full
sunset reviews, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal
briefs, which must be limited to issues raised in the case briefs, may
be filed not later than five days after the time limit for filing case
briefs in accordance with 19 CFR 351.309(d). Any interested party may
request a hearing within 30 days of publication of this notice in
accordance with 19 CFR 351.310(c). A hearing, if requested, will be
held two days after the date the rebuttal briefs are due. The
Department will issue a notice of final results of these full sunset
reviews, which will include the results of its analysis of issues
raised in any such comments, no later than March 13, 2014.\8\
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\8\ See PET Film Extension Notice; see also Tolling Memorandum.
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The Department is issuing and publishing these preliminary results
and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: November 4, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26851 Filed 11-7-13; 8:45 am]
BILLING CODE 3510-DS-P
