Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Final Results of Antidumping Duty Administrative Review; 2011-2012, 1827-1828 [2014-00174]
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Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices
Final Results of Review
We determine that the following
dumping margin exists for the period
July 1, 2011, through June 30, 2012:
Manufacturer/exporter
Weightedaverage
dumping
margin
(percentage)
mstockstill on DSK4VPTVN1PROD with NOTICES
CP Kelco Oy .........................
3.40
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.212(b), the Department
will 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. For assessment purposes, we
calculated importer (or customer)specific assessment rates for
merchandise subject to this review.
Where appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total entered values associated
with those transactions. For duty
assessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per-unit rate for each
importer (or customer) 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
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
The Department clarified its
automatic assessment regulation on May
6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by the company included in
these final results of review for which
the reviewed company did not know
VerDate Mar<15>2010
16:40 Jan 09, 2014
Jkt 232001
their 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
involved in the transaction.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, consistent
with section 751(a)(1) of the Act: (1) For
the company covered by this review, the
cash deposit will be the rate listed
above; (2) if the exporter is not a firm
covered in this review, but was covered
in a previous review or the original less
than fair value (LTFV) investigation, 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 original LTFV
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) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will continue to be 6.65
percent, which is the all-others rate
established in the LTFV investigation.
See Notice of Antidumping Duty Order;
Purified Carboxymethylcellulose From
Finland; Mexico, the Netherlands and
Sweden, 70 FR 39734 (July 11, 2005).
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
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 Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
1827
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: January 2, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the
Accompanying Issues and Decision
Memorandum
Issue: Authority To Conduct a Differential
Pricing Analysis and Apply an Alternative
Comparison Methodology
[FR Doc. 2014–00173 Filed 1–9–14; 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: Final
Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 16, 2013, the
Department of Commerce (the
Department) published the Preliminary
Results of the 2011–2012 administrative
review of the antidumping duty order
on Polyethylene Terephthalate Film,
Sheet, and Strip (PET film) from Brazil.1
This review covers one respondent,
Terphane Ltda., and Terphane’s U.S.
affiliate, Terphane, Inc. (collectively,
Terphane). The petitioners in this
proceeding are Mitsubishi Polyester
Film, Inc. and SKC, Inc. (collectively,
Petitioners). For these final results of
review we continue to find that
Terphane had no reviewable entries of
PET film subject to the order.
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Robert James, AD/
AGENCY:
1 See Polyethylene Terephthalate Film, Sheet and
Strip From Brazil: Preliminary Results of
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 50029 (August 16, 2013) (Preliminary
Results), and accompanying Decision Memorandum
(Preliminary Decision Memorandum).
E:\FR\FM\10JAN1.SGM
10JAN1
1828
Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Room 7850, Washington,
DC 20230; telephone (202) 482–1121 or
(202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2013, the Department
published the Preliminary Results. We
invited interested parties to comment on
the Preliminary Results. In response, we
received a case brief from Petitioner on
September 16, 2013. Terphane filed a
rebuttal brief on September 23, 2013.
Period of Review (POR)
The POR is July 1, 2011, through June
30, 2012.
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
Tolling of Deadlines
mstockstill on DSK4VPTVN1PROD with NOTICES
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.3
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
a non-business day, in accordance with
the Department’s practice, the deadline
2 For a full description of the scope of the order,
see ‘‘Issues and Decision Memorandum for the
Final Results of the 2011 to 2012 Administrative
Review of the Antidumping Duty Order on
Polyethylene Terephthalate Film, Sheet, and Strip
from Brazil,’’ from Richard Weible, Director, Office
VI, to Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty
Operations (Issues and Decision Memorandum),
dated concurrently with these final results and
incorporated herein by reference. The Issues and
Decision Memorandum is a public document and
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 (CRU), Room 7046 of the main
Department of Commerce building. In addition, a
complete version of the Issues and Decision
Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision
Memorandum are identical in content.
3 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013).
VerDate Mar<15>2010
16:40 Jan 09, 2014
Jkt 232001
will become the next business day. The
revised deadline for the final results of
this review is now January 2, 2014.
assessment instructions directly to CBP
15 days after publication of the final
results of this review.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as Appendix I.
We have analyzed all interested party
comments and have made no changes to
the Preliminary Results for these final
results.
Notification to Importers
Final 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
Protection (CBP), the Department has
determined that the record evidence
indicates that Terphane 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
Terphane and issue appropriate
instructions to CBP based on the final
results of this review, as is our current
practice for companies which had no
shipments during the POR.4
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.5 We intend to issue
4 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, unchanged in
Certain Frozen Warmwater Shrimp From Thailand:
Final Results of Antidumping Duty Administrative
Review, Partial Rescission of Review, and
Revocation of Order (in Part); 2011–2012, 78 FR
42497 (July 16, 2013); Polyester Staple Fiber From
Taiwan: Final Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 38938,
38939 (June 28, 2013); Certain Frozen Warmwater
Shrimp From India: Final Results of Antidumping
Duty Administrative Review and Final No Shipment
Determination; 2011–2012, 78 FR 42492, 42493
(July 16, 2013); and Polyethylene Retail Carrier Bags
From Thailand: Final Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 50376,
50377 (August 19, 2013).
5 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
PO 00000
Frm 00010
Fmt 4703
Sfmt 9990
This notice also serves as a final
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 Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: January 2, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the
Accompanying Issues and Decision
Memorandum
Issue 1: Whether to Rescind or to Complete
the Administrative Review
Issue 2: Whether to Structure the Final
Results, and Resulting Customs
Instructions to Allow for Subsequent
Revision In Light of Pending Litigation
[FR Doc. 2014–00174 Filed 1–9–14; 8:45 am]
BILLING CODE 3510–DS–P
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1827-1828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00174]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-841]
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On August 16, 2013, the Department of Commerce (the
Department) published the Preliminary Results of the 2011-2012
administrative review of the antidumping duty order on Polyethylene
Terephthalate Film, Sheet, and Strip (PET film) from Brazil.\1\ This
review covers one respondent, Terphane Ltda., and Terphane's U.S.
affiliate, Terphane, Inc. (collectively, Terphane). The petitioners in
this proceeding are Mitsubishi Polyester Film, Inc. and SKC, Inc.
(collectively, Petitioners). For these final results of review we
continue to find that Terphane had no reviewable entries of PET film
subject to the order.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet and Strip From
Brazil: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 50029 (August 16, 2013) (Preliminary
Results), and accompanying Decision Memorandum (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/
[[Page 1828]]
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Room 7850, Washington, DC 20230; telephone
(202) 482-1121 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2013, the Department published the Preliminary
Results. We invited interested parties to comment on the Preliminary
Results. In response, we received a case brief from Petitioner on
September 16, 2013. Terphane filed a rebuttal brief on September 23,
2013.
Period of Review (POR)
The POR is July 1, 2011, through June 30, 2012.
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
``Issues and Decision Memorandum for the Final Results of the 2011
to 2012 Administrative Review of the Antidumping Duty Order on
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil,''
from Richard Weible, Director, Office VI, to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations (Issues and Decision Memorandum), dated concurrently with
these final results and incorporated herein by reference. The Issues
and Decision Memorandum is a public document and 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 (CRU), Room 7046
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed
directly on the Internet at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the final results of this review
is now January 2, 2014.
---------------------------------------------------------------------------
\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix I. We have analyzed all interested party comments and have
made no changes to the Preliminary Results for these final results.
Final 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 Protection (CBP), the Department has determined that the
record evidence indicates that Terphane 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 Terphane and issue appropriate
instructions to CBP based on the final results of this review, as is
our current practice for companies which had no shipments during the
POR.\4\
---------------------------------------------------------------------------
\4\ 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,
unchanged in Certain Frozen Warmwater Shrimp From Thailand: Final
Results of Antidumping Duty Administrative Review, Partial
Rescission of Review, and Revocation of Order (in Part); 2011-2012,
78 FR 42497 (July 16, 2013); Polyester Staple Fiber From Taiwan:
Final Results of Antidumping Duty Administrative Review; 2011-2012,
78 FR 38938, 38939 (June 28, 2013); Certain Frozen Warmwater Shrimp
From India: Final Results of Antidumping Duty Administrative Review
and Final No Shipment Determination; 2011-2012, 78 FR 42492, 42493
(July 16, 2013); and Polyethylene Retail Carrier Bags From Thailand:
Final Results of Antidumping Duty Administrative Review; 2011-2012,
78 FR 50376, 50377 (August 19, 2013).
---------------------------------------------------------------------------
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.\5\ We intend to issue assessment instructions directly
to CBP 15 days after publication of the final results of this review.
---------------------------------------------------------------------------
\5\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 2, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Accompanying Issues and Decision
Memorandum
Issue 1: Whether to Rescind or to Complete the Administrative Review
Issue 2: Whether to Structure the Final Results, and Resulting
Customs Instructions to Allow for Subsequent Revision In Light of
Pending Litigation
[FR Doc. 2014-00174 Filed 1-9-14; 8:45 am]
BILLING CODE 3510-DS-P
