Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review; 2011-2012, 11407-11409 [2014-04429]
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Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices
withdrawn from warehouse, for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 company
under review will be the rate
Weighted-avestablished in the final results of this
Manufacturer/Exporter
erage margin
review (except, if the rate is zero or de
(percent)
minimis, i.e., less than 0.5 percent, no
Jindal Poly Films Limited ......
0.00 cash deposit will be required); (2) for
SRF Limited ..........................
0.78 previously reviewed or investigated
Polyplex Corporation Ltd ......
0.78 companies not listed above, the cash
deposit rate will continue to be the
Assessment Rates
company-specific rate published for the
The Department determines, and U.S. most recent period; (3) if the exporter is
Customs and Border Protection (CBP)
not a firm covered in this review, a prior
shall assess, antidumping duties on all
review, or the less-than-fair-value
appropriate entries. We will instruct
investigation, but the manufacturer is,
CBP to liquidate entries of merchandise the cash deposit rate will be the rate
produced and/or exported by Jindal,
established for the most recent period
SRF, and Polyplex. The Department will for the manufacturer of the
issue assessment instructions to CBP 15 merchandise; and (4) if neither the
days after the date of publication of the
exporter nor the manufacturer is a firm
final results of review. For assessment
covered in this or any previous review,
purposes, where the respondent
the cash deposit rate will be the all
reported the entered value for its sales,
others rate for this proceeding, 5.71
we calculated importer-specific (or
percent. These deposit requirements,
customer-specific) ad valorem
when imposed, shall remain in effect
assessment rates based on the ratio of
until further notice.
the total amount of the dumping duties
calculated for the examined sales to the
Notification to Importers
total entered value of those same sales.6
This notice serves as a final reminder
However, where the respondent did not
report the entered value for its sales, we to importers of their responsibility
will calculate importer-specific (or
under 19 CFR 351.402(f)(2) to file a
customer-specific) per-unit duty
certificate regarding the reimbursement
assessment rates. We will instruct CBP
of antidumping duties prior to
to assess antidumping duties on all
liquidation of the relevant entries
appropriate entries covered by this
during this review period. Failure to
review if any per-unit duty assessment
comply with this requirement could
rate calculated in the final results of this result in the Secretary’s presumption
review is above de minimis (i.e., at or
that reimbursement of antidumping
above 0.50 percent). For any
duties occurred and the subsequent
individually examined respondents
assessment of double antidumping
whose weighted-average dumping
duties.
margin is above de minimis in these
This notice also serves as a reminder
final results, we will calculate importerto parties subject to administrative
specific ad valorem duty assessment
protective order (APO) of their
rates based on the ratio of the total
responsibility concerning the
amount of antidumping duties
destruction of proprietary information
calculated for the importer’s examined
disclosed under APO in accordance
sales to the total entered value of the
sales in accordance with 19 CFR
with 19 CFR 351.305(a)(3). Timely
351.212(b)(1). Pursuant to 19 CFR
written notification of the return or
351.106(c)(2), we will instruct CBP to
destruction of APO materials or
liquidate without regard to antidumping conversion to judicial protective order is
duties any entries for which the
hereby requested. Failure to comply
assessment rate is zero or de minimis
with the regulations and terms of an
(i.e., less than 0.50 percent).7
APO is a sanctionable violation.
Cash Deposit Requirements
The Department is issuing and
publishing these final results of
The following deposit requirements
administrative review in accordance
will be effective for all shipments of
with sections 751(a)(1) and 777(i)(1) of
PET Film from India entered, or
the Act.
tkelley on DSK3SPTVN1PROD with NOTICES
Final Results of Review
As a result of our review, we
determine the following weightedaverage dumping margins exist for the
period July 1, 2011, through June 30,
2012.
6 See
7 See
19 CFR 351.212(b).
19 CFR 351.106(c)(1).
VerDate Mar<15>2010
17:47 Feb 27, 2014
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11407
Dated: February 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Comment 1: Differential Pricing Analysis:
Magnitude of the Observed Price
Differences Ignored.
Comment 2: Differential Pricing Analysis:
Inclusion of Both Higher- and LowerPriced Sales.
Comment 3: Differential Pricing Analysis:
Results of the Cohen’s d Test By Purchaser,
Region or Time Period Should Be
Considered Separately.
Comment 4: Differential Pricing Analysis:
Results of the Cohen’s d Test By Time
Period Is Flawed.
Comment 5: Differential Pricing Analysis:
The Cohen’s d Test Does Not Measure
Causal Links or Statistical Significance But
Systematically Results in Affirmative
Determinations.
Comment 6: Differential Pricing Analysis:
Explanation of Why the Average-toAverage Method Cannot Account for Such
Differences.
Comment 7: The Withdrawal of the
Regulatory Provisions Governing Targeted
Dumping in Less-Than-Fair-Value
Investigations.
Comment 8: Use of an Alternative
Comparison Method in Administrative
Reviews.
[FR Doc. 2014–04432 Filed 2–27–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip From Taiwan: Final
Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
preliminary results of the administrative
review of the antidumping duty order
on polyethylene terephthalate (PET)
film, sheet, and strip from Taiwan.1 The
period of review (‘‘POR’’) is July 1,
2011, through June 30, 2012. Based
upon our analysis of the comments
received, we have made changes to the
margin calculations for these final
AGENCY:
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From Taiwan; Preliminary Results of the
Antidumping Duty Administrative Review; 2011–12,
78 FR 48651 (August 9, 2013) (‘‘Preliminary
Results’’).
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28FEN1
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Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices
results and continue to determine that
Shinkong Synthetic Fibers Corporation
and its subsidiary Shinkong Material
Technology Corporation (collectively
‘‘Shinkong’’) made sales below normal
value. The final dumping margin is
listed below in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective Date: February 28,
2014.
FOR FURTHER INFORMATION CONTACT:
Milton Koch or Gene Calvert at (202)
482–2584, or (202) 482–3586,
respectively; 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.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2013, the Department
published the Preliminary Results.2 The
Department conducted verification from
August 22 through 30, 2013 in Taipei,
Taiwan. On November 8, 2013,
Shinkong submitted an updated
database.
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. In
addition, the Department extended the
deadline for the final results on
November 1, 2013, in accordance with
section 751(a)(3)(A). The revised
deadline for the final results of this
review is now February 24, 2014.4
Scope of the Order
The products covered by the
antidumping duty order are all gauges of
raw, pretreated, or primed polyethylene
terephthalate film, sheet, and strip,
whether extruded or coextruded.
Excluded are metalized films and other
2 See
Preliminary Results.
Memorandum for the Record from Paul
Piquado, Assistant Secretary for the Enforcement
and Compliance, ‘‘Deadlines Affected by the
Shutdown of the Federal Government’’ (October 18,
2013).
4 See Memorandum to from Edward Yang, Office
Director, Office VII, to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip from Taiwan:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review’’
(November 1, 2013).
tkelley on DSK3SPTVN1PROD with NOTICES
3 See
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17:47 Feb 27, 2014
Jkt 232001
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
polyethylene terephthalate film, sheet,
and strip are currently classifiable in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under item
number 3920.62.00.90. HTSUS
subheadings are provided for
convenience and customs purposes. The
written description of the scope of the
antidumping duty order is dispositive.
A full description of the scope of the
order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Decision
Memorandum for Final Results of
Antidumping Duty Administrative
Review: Polyethylene Terephthalate
Film, Sheet, and Strip from Taiwan;
2011–2012 Administrative Review’’
(‘‘Issues and Decision Memorandum’’),
which is issued concurrent with and
hereby adopted by this notice.
Analysis of Comments Received
The issue raised in the case and
rebuttal briefs by parties is addressed in
the Issues and Decision Memorandum.
The issue which parties raised is
identified in the Appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(‘‘CRU’’), Room 7046 of the main
Department of Commerce building, as
well as 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 CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/enforcement. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received and information
gathered after the Preliminary Results,
we have made adjustments to the
margin calculations for Shinkong’s
indirect selling expenses.
Final Results of Review
We determine that Shinkong’s
weighted-average dumping margin is
4.48 percent for entries of subject
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merchandise that were produced and/or
exported by Shinkong and that entered,
or were withdrawn from warehouse, for
consumption during the period July 1,
2011, through June 30, 2012.
Assessment Rates
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
this review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.5 percent) in the final results, 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
sales in accordance with 19 CFR
351.212(b)(1). 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 below 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 Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by each
respondent for which they did not know
that their merchandise was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed 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).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET film from Taiwan 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 Tariff Act
of 1930, as amended (‘‘the Act’’): (1) The
cash deposit rate for the company under
review will be the rate established in the
final results of this review (except, if the
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Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices
rate is zero or below de minimis, i.e., 0.5
percent, 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-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) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review,
the cash deposit rate will be the all
others rate for this proceeding, 2.40
percent, as established in the less-thanfair-value investigation. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification Regarding Administrative
Protective Orders
This notice is the only reminder to
parties subject to the administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
tkelley on DSK3SPTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These final results of administrative
review and notice are published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h).
VerDate Mar<15>2010
17:47 Feb 27, 2014
Jkt 232001
Dated: February 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Topic Discussed in the Issues and Decision
Memorandum
Whether Shinkong’s underutilized capacity
should be classified as a cost of
manufacturing or as a general and
administrative expense.
[FR Doc. 2014–04429 Filed 2–27–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Notice of
Final Results of 16th Antidumping
Duty Administrative Review; 2011–
2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2013, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review of certain pasta
(pasta) from Italy and gave interested
parties an opportunity to comment on
the Preliminary Results.1 The review
covers two mandatory respondents,
Pastificio Gallo Natale & F.lli S.r.L.
(Gallo), and Rummo,2 and six nonselected companies.3 The period of
review (POR) is July 1, 2011, through
June 30, 2012. As a result of our analysis
AGENCY:
1 See Certain Pasta From Italy: Antidumping Duty
Administrative Review; 2011–2012, 78 FR 48146
(August 7, 2013) (Preliminary Results), and
accompanying Decision Memorandum (Preliminary
Decision Memorandum).
2 The ‘‘Rummo Group’’ consists of Rummo S.p.A.,
a producer and seller of subject merchandise, Lenta
Lavorazione, a seller of subject merchandise, Pasta
Castiglioni, a producer and seller of subject
merchandise, and the ultimate holding company
(with no operations), Rummo S.p.A. Molino e
Pastificio (collectively, ‘‘Rummo’’).
3 The non-selected companies are: Alberto Poiatti
S.p.A (Poiatti); Delverde Industrie Alimentari S.p.A
(Delverde); Fiamma Vesuviana S.r.L (Fiamma);
Pastificio Zaffiri S.r.L (Zaffiri); Tandoi Filippo e
Adalberto Fratelli S.p.A (Fratelli); and Valdigrano
di Flavio Pagani S.r.L (Valdigrano). The Department
issued a partial rescission notice in which it
rescinded this administrative review, in part, with
respect to Industria Alimentare Colavita, S.p.A
(Indalco) and Pasta Lensi S.r.L (Lensi). We also
rescinded, in part, this administrative review with
respect to Pastificio Attilio Mastromauro-Pasta
Granoro S.r.L (Granoro) because this company has
been revoked from the antidumping duty order
effective prior to the beginning of this POR. See
Certain Pasta From Italy: Notice of Partial
Rescission of Antidumping Duty Administrative
Review, 78 FR 20091 (April 3, 2013).
PO 00000
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11409
of the comments and information
received, these final results differ from
the Preliminary Results. For the final
weighted-average dumping margin, see
the ‘‘Final Results of Review’’ section
below.
DATES: Effective Date: February 28,
2014.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Gallo) and George
McMahon (Rummo), Office III, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3692 and (202)
482–1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2013, the Department of
Commerce (the Department) published
the Preliminary Results. In accordance
with 19 CFR 351.309(c)(1)(ii), we
invited parties to comment on our
Preliminary Results.4 On September 6,
2013, Gallo submitted its case brief and
Rummo requested a hearing. Rummo
withdrew its hearing request on January
16, 2014. The Department conducted
the verification of Rummo’s cost and
sales responses in Italy, from December
2 through 6, 2013, and December 9
through 13, 2013, respectively.
On January 15, 2014, Rummo filed a
case brief and Petitioners 5 submitted a
case brief regarding Gallo. On January
22, 2014, Petitioners and Gallo filed
their respective rebuttal briefs.
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.
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days.6 Pursuant to the Tolling
Memo, the deadline for the final results
of this review was revised with a due
date of December 23, 2013.
On October 23, 2013, the Department
issued a memorandum extending the
time period for issuing the final results
of this administrative review from
4 The Department issued the briefing schedule in
a Memorandum to the File, dated January 7, 2014.
This briefing schedule indicated that the case and
rebuttal briefs were due by close of business
January 15, 2014 and January 22, 2014, respectively.
5 Petitioners are American Italian Pasta Company
and Dakota Growers Pasta Company.
6 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)
(Tolling Memo).
E:\FR\FM\28FEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11407-11409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04429]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, U.S. Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
preliminary results of the administrative review of the antidumping
duty order on polyethylene terephthalate (PET) film, sheet, and strip
from Taiwan.\1\ The period of review (``POR'') is July 1, 2011, through
June 30, 2012. Based upon our analysis of the comments received, we
have made changes to the margin calculations for these final
[[Page 11408]]
results and continue to determine that Shinkong Synthetic Fibers
Corporation and its subsidiary Shinkong Material Technology Corporation
(collectively ``Shinkong'') made sales below normal value. The final
dumping margin is listed below in the ``Final Results of Review''
section of this notice.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
Taiwan; Preliminary Results of the Antidumping Duty Administrative
Review; 2011-12, 78 FR 48651 (August 9, 2013) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: February 28, 2014.
FOR FURTHER INFORMATION CONTACT: Milton Koch or Gene Calvert at (202)
482-2584, or (202) 482-3586, respectively; 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.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2013, the Department published the Preliminary
Results.\2\ The Department conducted verification from August 22
through 30, 2013 in Taipei, Taiwan. On November 8, 2013, Shinkong
submitted an updated database.
---------------------------------------------------------------------------
\2\ See Preliminary Results.
---------------------------------------------------------------------------
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. In addition, the Department extended the deadline for the
final results on November 1, 2013, in accordance with section
751(a)(3)(A). The revised deadline for the final results of this review
is now February 24, 2014.\4\
---------------------------------------------------------------------------
\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for the Enforcement and Compliance, ``Deadlines Affected
by the Shutdown of the Federal Government'' (October 18, 2013).
\4\ See Memorandum to from Edward Yang, Office Director, Office
VII, to Christian Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, ``Polyethylene Terephthalate
Film, Sheet, and Strip from Taiwan: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review'' (November 1,
2013).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the antidumping duty order are all gauges
of raw, pretreated, or primed polyethylene terephthalate film, sheet,
and strip, whether extruded or coextruded. Excluded are metalized 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
polyethylene terephthalate film, sheet, and strip are currently
classifiable in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under item number 3920.62.00.90. HTSUS subheadings are
provided for convenience and customs purposes. The written description
of the scope of the antidumping duty order is dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for Final Results of Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2011-
2012 Administrative Review'' (``Issues and Decision Memorandum''),
which is issued concurrent with and hereby adopted by this notice.
Analysis of Comments Received
The issue raised in the case and rebuttal briefs by parties is
addressed in the Issues and Decision Memorandum. The issue which
parties raised is identified in the Appendix to this notice. The Issues
and Decision Memorandum is a public document and is on file in the
Central Records Unit (``CRU''), Room 7046 of the main Department of
Commerce building, as well as 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 CRU. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at https://www.trade.gov/enforcement. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received and information
gathered after the Preliminary Results, we have made adjustments to the
margin calculations for Shinkong's indirect selling expenses.
Final Results of Review
We determine that Shinkong's weighted-average dumping margin is
4.48 percent for entries of subject merchandise that were produced and/
or exported by Shinkong and that entered, or were withdrawn from
warehouse, for consumption during the period July 1, 2011, through June
30, 2012.
Assessment Rates
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 this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.5 percent) in the final
results, 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 sales
in accordance with 19 CFR 351.212(b)(1). 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 below 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 Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by each respondent for which they
did not know that their merchandise was destined for the United States.
In such instances, we will instruct CBP to liquidate unreviewed 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).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET film from Taiwan 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 Tariff Act of 1930, as amended (``the Act''): (1)
The cash deposit rate for the company under review will be the rate
established in the final results of this review (except, if the
[[Page 11409]]
rate is zero or below de minimis, i.e., 0.5 percent, 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) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review, the cash deposit rate will be the all others rate for this
proceeding, 2.40 percent, as established in the less-than-fair-value
investigation. These deposit requirements, when imposed, shall remain
in effect until further notice.
Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These final results of administrative review and notice are
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h).
Dated: February 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Topic Discussed in the Issues and Decision Memorandum
Whether Shinkong's underutilized capacity should be classified
as a cost of manufacturing or as a general and administrative
expense.
[FR Doc. 2014-04429 Filed 2-27-14; 8:45 am]
BILLING CODE 3510-DS-P
