Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates; Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 77649-77650 [2013-30749]

Download as PDF Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Dated: December 18, 2013. Michael DeVillo, Eligibility Examiner. [FR Doc. 2013–30730 Filed 12–23–13; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–106–2013] Dated: December 17, 2013. Andrew McGilvray, Executive Secretary. emcdonald on DSK67QTVN1PROD with NOTICES Notification of Proposed Production Activity, Xylem Water Systems USA LLC, Subzone 37D, (Centrifugal, Submersible Pumps and Related Components), Auburn, New York [FR Doc. 2013–30667 Filed 12–23–13; 8:45 am] BILLING CODE 3510–DS–P Xylem Water Systems USA LLC (Xylem), operator of Subzone 37D, submitted a notification of proposed production activity to the FTZ Board for its facilities located in Auburn, New York. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on December 2, 2013. Xylem already has authority to produce centrifugal pumps, submersible pumps, and related controllers. The current request would add a new finished product (control panels) and certain foreign components to the scope of authority. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Xylem from customs duty payments on the foreign status components used in export production. On its domestic sales, Xylem would be able to choose the duty rates during customs entry procedures that apply to control panels (2.7%) and centrifugal and submersible pumps (free) for the foreign status inputs noted below and in the existing scope of authority. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The components and materials sourced from abroad include: control panels; steel rivets; rubber diaphragms; axial fans; aluminum capacitors; metal brackets; and pump stands (duty rate ranges from free to 2.9%). Public comment is invited from interested parties. Submissions shall be VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is February 3, 2014. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. FOR FURTHER INFORMATION CONTACT: Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. 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; 2011–2012 Enforcement and Compliance, formerly 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, 2011, through October 31, 2012. 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 FLEX. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: December 24, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482–4261. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 77649 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) 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 Preliminary Decision Memorandum, which is hereby adopted by this notice.1 The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// iaaccess.trade.gov and in the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic versions of the Preliminary Decision Memorandum are identical in content. 1 See the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘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 this notice. E:\FR\FM\24DEN1.SGM 24DEN1 77650 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices Preliminary Results of Review emcdonald on DSK67QTVN1PROD with NOTICES As a result of our review, we preliminarily determine the following weighted-average dumping margins exist for the period November 1, 2011, through October 31, 2012: in the Federal Register, unless otherwise extended.5 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 Weightedon all appropriate entries. The average Manufacturer/Exporter Department intends to issue assessment margin (percent) instructions to CBP 15 days after the date of publication of the final results of JBF RAK LLC ............................. 1.41 review. FLEX Middle East FZE ............... 7.11 For any individually examined respondents whose weighted-average Disclosure and Public Comment dumping margin is above de minimis, we will calculate importer-specific ad The Department intends to disclose valorem duty assessment rates based on the calculations used in our analysis to the ratio of the total amount of dumping parties in this review within five days calculated for the importer’s examined of the date of publication of this notice sales to the total entered value of those in accordance with 19 CFR 351.224(b). same sales in accordance with 19 CFR Interested parties are invited to 351.212(b)(1).6 We will instruct CBP to comment on the preliminary results of assess antidumping duties on all this review. Pursuant to 19 CFR appropriate entries covered by this 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days review when the importer-specific assessment rate calculated in the final after the date of publication of this results of this review is above de notice. Rebuttal briefs, limited to issues minimis. Where either the respondent’s raised in the case briefs, may not be weighted-average dumping margin is filed later than five days after the time zero or de minimis, or an importerlimit for filing case briefs.2 Parties who specific assessment rate is zero or de submit case briefs or rebuttal briefs in this review are requested to submit with minimis, we will instruct CBP to liquidate the appropriate entries each brief: (1) A statement of the issue, without regard to antidumping duties. (2) a brief summary of the argument, The final results of this review shall and (3) a table of authorities.3 Executive be the basis for the assessment of summaries should be limited to five antidumping duties on entries of pages total, including footnotes.4 merchandise covered by the final results Pursuant to 19 CFR 351.310(c), any of this review and for future deposits of interested party may request a hearing within 30 days of the publication of this estimated duties, where applicable. notice in the Federal Register. If a Cash Deposit Requirements hearing is requested, the Department The following deposit requirements will notify interested parties of the will be effective for all shipments of hearing schedule. Interested parties who PET Film from the UAE entered, or wish to request a hearing, or to withdrawn from warehouse, for participate if one is requested, must consumption on or after the date of submit a written request to the Assistant publication of the final results of this Secretary for Enforcement and administrative review, as provided for Compliance, filed electronically via IA by section 751(a)(2)(C) of the Act: (1) ACCESS within 30 days after the date of The cash deposit rate for the companies publication of this notice. Requests under review will be the rate should contain: (1) The party’s name, established in the final results of this address, and telephone number; (2) the review (except, if the rate is zero or de number of participants; and (3) a list of minimis, no cash deposit will be the issues to be discussed. Issues raised required); (2) for previously reviewed or in the hearing will be limited to those investigated companies not listed above, raised in the respective case briefs. the cash deposit rate will continue to be We intend to issue the final results of the company-specific rate published for this administrative review, including the most recent period; (3) if the the results of our analysis of issues raised by the parties in the written 5 See section 751(a)(3)(A) of the Act. 6 In these preliminary results, the Department comments, within 120 days of applied the assessment rate calculation publication of these preliminary results 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). 2 See 19 CFR 351.309(d)(1). 19 CFR 351.309(c)(2), (d)(2). 4 See id. 3 See VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 percent, the all-others rate established in the investigation.7 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: December 17, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Scope of the Order 2. Date of Sale 3. Discussion of Methodology 4. Product Comparisons 5. Export Price and Constructed Export Price 6. Normal Value 7. Cost of Production Analysis 8. Currency Conversion [FR Doc. 2013–30749 Filed 12–23–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–818] Low Enriched Uranium From France: Continuation of Antidumping Duty Order Enforcement and Compliance, formerly Import Administration, AGENCY: 7 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). E:\FR\FM\24DEN1.SGM 24DEN1

Agencies

[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77649-77650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30749]


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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; 2011-2012

AGENCY: Enforcement and Compliance, formerly 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, 2011, through 
October 31, 2012. 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 FLEX. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: December 24, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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-
4261.

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) 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 Preliminary Decision Memorandum, which is hereby 
adopted by this notice.\1\ The Preliminary Decision Memorandum is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit in room 7046 of the 
main Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See the Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``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 this notice.

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[[Page 77650]]

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, 2011, 
through October 31, 2012:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/Exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
JBF RAK LLC.................................................        1.41
FLEX Middle East FZE........................................        7.11
------------------------------------------------------------------------

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.\2\ 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.\3\ Executive summaries should be limited to 
five pages total, including footnotes.\4\
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    \2\ See 19 CFR 351.309(d)(1).
    \3\ See 19 CFR 351.309(c)(2), (d)(2).
    \4\ 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 Enforcement and 
Compliance, 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.\5\
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    \5\ 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 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).\6\ 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.
---------------------------------------------------------------------------

    \6\ 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).
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    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.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \7\ 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: December 17, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
2. Date of Sale
3. Discussion of Methodology
4. Product Comparisons
5. Export Price and Constructed Export Price
6. Normal Value
7. Cost of Production Analysis
8. Currency Conversion

[FR Doc. 2013-30749 Filed 12-23-13; 8:45 am]
BILLING CODE 3510-DS-P
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