Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2011-2012, 24401-24403 [2014-09891]
Download as PDF
Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Notices
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.6 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. Ongoing segments of
any antidumping duty or countervailing
duty proceedings initiated on or after
March 14, 2011 should use the formats
for the revised certifications provided at
the end of the Interim Final Rule.7 All
segments of any antidumping duty or
countervailing duty proceedings
initiated on or after August 16, 2013,
should use the formats for the revised
certifications provided at the end of the
Final Rule.8 The Department intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
revised certification requirements.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in antidumping and
countervailing duty proceedings: Final
Rule, 78 FR 57790 (September 20, 2013).
The modification clarifies that parties
may request an extension of time limits
before a time limit established under
Part 351 expires, or as otherwise
specified by the Secretary. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
mstockstill on DSK4VPTVN1PROD with NOTICES
6 See
section 782(b) of the Act.
7 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings: Interim Final
Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim
Final Rule’’), amending 19 CFR 351.303(g)(1) and
(2); Certification of Factual Information to Import
Administration during Antidumping and
Countervailing Duty Proceedings: Supplemental
Interim Final Rule, 76 FR 54697 (September 2,
2011).
8 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: April 22, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–09889 Filed 4–29–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–803]
Polyethylene Terephthalate Film,
Sheet, and Strip From the United Arab
Emirates: Final Results of
Antidumping Duty Administrative
Review; 2011–2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice.
AGENCY:
On December 24, 2013, the
Department of Commerce (the
Department) published the preliminary
results of administrative review of the
SUMMARY:
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Sfmt 4703
24401
antidumping duty order on
polyethylene terephthalate film (PET
Film) from the United Arab Emirates.1
This review covers two producer or
exporters of subject merchandise: JBF
RAK LLC (JBF) and FLEX Middle East
FZE (FLEX). Based on our analysis of
the comments received, we made
changes to the Preliminary Results,
which are discussed below. The final
weighted-average dumping margins are
listed below in the section titled ‘‘Final
Results of Review.’’
DATES:
April 30, 2014.
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:
Background
Since the Preliminary Results, the
following events have taken place: The
Department received timely case briefs
from Mitsubishi Polyester Film, Inc.,
and SKC, Inc., (collectively, Petitioners)
and JBF on January 23, 2014. Petitioners
filed a timely rebuttal brief with the
Department on January 28, 2014.
Period of Review
The period of review is November 1,
2011, through October 31, 2012.
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
polyethylene terephthalate film (PET
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. PET 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.
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative
Review; 2011–2012, 78 FR 77649 (December 24,
2013) (Preliminary Results).
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Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Notices
Analysis of Comments Received
Disclosure
All issues raised by parties in the case
and rebuttal briefs are addressed in the
Memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, ‘‘Antidumping Duty
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip
from the United Arab Emirates: Issues
and Decision Memorandum for the
Final Results’’ (Decision Memorandum),
dated concurrently with, and hereby
adopted by, this notice. A list of the
issues addressed in the Decision
Memorandum is appended to this
notice. The Decision Memorandum is a
public document and is available
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (IA
ACCESS). IA ACCESS is available to
registered users at https://
iaacess.trade.gov, and it is available to
all parties in the Central Records Unit
of the main Commerce Building, room
7046. In addition, a complete version of
the Decision Memorandum is also
accessible on the internet at https://
enforcement.trade.gov/frn/.
The signed Decision Memorandum and
the electronic versions of the Decision
Memorandum are identical in content.
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
this notice, consistent with 19 CFR
351.224(b).
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made
adjustments to our margin calculations
for FLEX. Specifically, in response to
allegations raised by Petitioners, we
made changes to correct certain errors in
FLEX’s margin calculation.2 There have
been no changes to the margin
calculation for JBF.
Final Results of Review
As a result of this review, we
determine that the following weightedaverage dumping margins exist for the
period of November 1, 2011, through
October 31, 2012:
mstockstill on DSK4VPTVN1PROD with NOTICES
Producer or Exporter
JBF RAK LLC .......................
FLEX Middle East FZE .........
Weighted
average
dumping
margin
(percent ad
valorem)
1.41
15.92
2 See Memorandum to Mark Hoadley, ‘‘Final
Analysis Memorandum for Flex Middle East FZE,’’
April 23, 2014.
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Jkt 232001
Assessment Rates
The Department shall 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.3 The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after the date of publication of
these final results of review.
For assessment purposes for JBF and
FLEX, we calculated importer-specific,
ad valorem assessment rates based on
the ratio of the total amount of dumping
calculated for the examined sales to the
total entered value of those same sales.4
However, where the respondent did not
report the entered value for its sales, we
calculated importer-specific, per-unit
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales and dividing this
amount by the total quantity of those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if the
importer-specific assessment rate
calculated in the final results of this
review is not zero or de minimis (i.e.,
less than 0.50 percent). Pursuant to 19
CFR 351.106(c)(2), we will instruct CBP
to liquidate, without regard to
antidumping duties, all entries for
which the assessment rate is zero or de
minimis.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.5 This clarification applies
to entries of subject merchandise during
the period of review produced by
companies under review in these final
results for which the reviewed
companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate such entries at
the all-others rate of 4.05 percent from
the less-than-fair-value investigation if
there is no rate for the intermediate
3 The Department applied the assessment rate
calculation method 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).
4 See 19 CFR 351.212(b)(1).
5 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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company(ies) involved in the
transaction.6
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of these final
results, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) For the
companies covered by this review, the
cash deposit rate will be equal to the
weighted-average dumping margin
listed above in the section ‘‘Final
Results of Review;’’ (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
previously completed segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the final results for the
most recent period in which that
producer or exporter participated; (3) if
the exporter is not a firm covered in this
review or in any previous segment of
this proceeding, but the producer is,
then the cash deposit rate will be that
established for the producer of the
merchandise in these final results of
review or in the final results for the
most recent period in which that
producer participated; and (4) if neither
the exporter nor the producer is a firm
covered in this review or in any
previously completed segment of this
proceeding, then the cash deposit rate
will be 4.05 percent, the all-others rate
established in the less than fair value
investigation.7 These cash 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
6 See id.; see also 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, 66596
(November 10, 2008).
7 See id.
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Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Notices
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
ADDRESSES:
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
Department’s presumption that
reimbursement of antidumping duties
occurred which will result in the
subsequent assessment of double
antidumping duties.
James Terpstra, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3965.
SUPPLEMENTARY INFORMATION:
Notification to Interested Parties
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: April 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues in the Decision
Memorandum
[FR Doc. 2014–09891 Filed 4–29–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Subsidy Programs Provided by
Countries Exporting Softwood Lumber
and Softwood Lumber Products to the
United States; Request for Comment
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) seeks public comment on
any subsidies, including stumpage
subsidies, provided by certain countries
exporting softwood lumber or softwood
lumber products to the United States
during the period July 1, 2013 through
December 31, 2013.
DATES: Comments must be submitted
within thirty days after publication of
this notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
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Jkt 232001
FOR FURTHER INFORMATION CONTACT:
Background
On June 18, 2008, section 805 of Title
VIII of the Tariff Act of 1930 (the
Softwood Lumber Act of 2008) was
enacted into law. Under this provision,
the Secretary of Commerce is mandated
to submit to the appropriate
Congressional committees a report every
180 days on any subsidy provided by
countries exporting softwood lumber or
softwood lumber products to the United
States, including stumpage subsidies.
The Department submitted its last
subsidy report on December 20, 2013.
As part of its newest report, the
Department intends to include a list of
subsidy programs identified with
sufficient clarity by the public in
response to this notice.
Request for Comments
Comment 1: Correction of Certain Errors in
FLEX’s SAS Program
Comment 2: Consideration of an Alternative
Comparison Method in Administrative
Reviews
Comment 3: Differential Pricing Analysis
Comment 4: Alleged Error in Department’s
SAS Programming
Comment 5: Grade A and Grade B Sales
Comment 6: 15-Day Liquidation Policy
AGENCY:
See the Submission of
Comments section below.
Given the large number of countries
that export softwood lumber and
softwood lumber products to the United
States, we are soliciting public comment
only on subsidies provided by countries
whose exports accounted for at least one
percent of total U.S. imports of softwood
lumber by quantity, as classified under
Harmonized Tariff Schedule code
4407.1001 (which accounts for the vast
majority of imports), during the period
July 1, 2013 through December 31, 2013.
Official U.S. import data published by
the United States International Trade
Commission Tariff and Trade DataWeb
indicate that only two countries, Canada
and Chile, exported softwood lumber to
the United States during that time
period in amounts sufficient to account
for at least one percent of U.S. imports
of softwood lumber products. We intend
to rely on similar previous six-month
periods to identify the countries subject
to future reports on softwood lumber
subsidies. For example, we will rely on
U.S. imports of softwood lumber and
softwood lumber products during the
period January 1, 2014 through June 30,
2014, to select the countries subject to
the next report.
Under U.S. trade law, a subsidy exists
where an authority: (i) Provides a
financial contribution; (ii) provides any
form of income or price support within
the meaning of Article XVI of the GATT
1994; or (iii) makes a payment to a
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24403
funding mechanism to provide a
financial contribution to a person, or
entrusts or directs a private entity to
make a financial contribution, if
providing the contribution would
normally be vested in the government
and the practice does not differ in
substance from practices normally
followed by governments, and a benefit
is thereby conferred.1
Parties should include in their
comments: (1) The country which
provided the subsidy; (2) the name of
the subsidy program; (3) a brief
description (at least 3–4 sentences) of
the subsidy program; and (4) the
government body or authority that
provided the subsidy.
Submission of Comments
Persons wishing to comment should
file comments by the date specified
above. Comments should only include
publicly available information. The
Department will not accept comments
accompanied by a request that a part or
all of the material be treated
confidentially due to business
proprietary concerns or for any other
reason. The Department will return such
comments or materials to the persons
submitting the comments and will not
include them in its report on softwood
lumber subsidies. The Department
requests submission of comments filed
in electronic Portable Document Format
(PDF) submitted on CD–ROM or by
email to the email address of the EC
Webmaster, below.
The comments received will be made
available to the public in PDF on the
Enforcement and Compliance Web site
at the following address: https://
enforcement.trade.gov/sla2008/slaindex.html. Any questions concerning
file formatting, access on the Internet, or
other electronic filing issues should be
addressed to Laura Merchant,
Enforcement and Compliance
Webmaster, at (202) 482–0367, email
address: webmaster_support@trade.gov.
All comments and submissions in
response to this Request for Comment
should be received by the Department
no later than 5 p.m. Eastern Standard
Time on the above-referenced deadline
date.
Dated: April 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–09874 Filed 4–29–14; 8:45 am]
BILLING CODE 3510–DS–P
1 See section 771(5)(B) of the Tariff Act of 1930,
as amended.
E:\FR\FM\30APN1.SGM
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Agencies
[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Pages 24401-24403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09891]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates: Final Results of Antidumping Duty Administrative Review;
2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On December 24, 2013, the Department of Commerce (the
Department) published the preliminary results of administrative review
of the antidumping duty order on polyethylene terephthalate film (PET
Film) from the United Arab Emirates.\1\ This review covers two producer
or exporters of subject merchandise: JBF RAK LLC (JBF) and FLEX Middle
East FZE (FLEX). Based on our analysis of the comments received, we
made changes to the Preliminary Results, which are discussed below. The
final weighted-average dumping margins are listed below in the section
titled ``Final Results of Review.''
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 77649 (December 24, 2013)
(Preliminary Results).
---------------------------------------------------------------------------
DATES: April 30, 2014.
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:
Background
Since the Preliminary Results, the following events have taken
place: The Department received timely case briefs from Mitsubishi
Polyester Film, Inc., and SKC, Inc., (collectively, Petitioners) and
JBF on January 23, 2014. Petitioners filed a timely rebuttal brief with
the Department on January 28, 2014.
Period of Review
The period of review is November 1, 2011, through October 31, 2012.
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film (PET 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. PET 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.
[[Page 24402]]
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Antidumping Duty Administrative Review of Polyethylene Terephthalate
Film, Sheet, and Strip from the United Arab Emirates: Issues and
Decision Memorandum for the Final Results'' (Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice. A list of
the issues addressed in the Decision Memorandum is appended to this
notice. The Decision Memorandum is a public document and is available
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Services System (IA ACCESS).
IA ACCESS is available to registered users at https://iaacess.trade.gov,
and it is available to all parties in the Central Records Unit of the
main Commerce Building, room 7046. In addition, a complete version of
the Decision Memorandum is also accessible on the internet at https://enforcement.trade.gov/frn/. The signed Decision Memorandum
and the electronic versions of the Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made adjustments
to our margin calculations for FLEX. Specifically, in response to
allegations raised by Petitioners, we made changes to correct certain
errors in FLEX's margin calculation.\2\ There have been no changes to
the margin calculation for JBF.
---------------------------------------------------------------------------
\2\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum
for Flex Middle East FZE,'' April 23, 2014.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period of November 1,
2011, through October 31, 2012:
------------------------------------------------------------------------
Weighted
average
dumping
Producer or Exporter margin
(percent ad
valorem)
------------------------------------------------------------------------
JBF RAK LLC............................................. 1.41
FLEX Middle East FZE.................................... 15.92
------------------------------------------------------------------------
Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
Assessment Rates
The Department shall 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.\3\ The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
these final results of review.
---------------------------------------------------------------------------
\3\ The Department applied the assessment rate calculation
method 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).
---------------------------------------------------------------------------
For assessment purposes for JBF and FLEX, we calculated importer-
specific, ad valorem assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales to the total
entered value of those same sales.\4\ However, where the respondent did
not report the entered value for its sales, we calculated importer-
specific, per-unit assessment rates by aggregating the total amount of
dumping calculated for the examined sales and dividing this amount by
the total quantity of those sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
the importer-specific assessment rate calculated in the final results
of this review is not zero or de minimis (i.e., less than 0.50
percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate, without regard to antidumping duties, all entries for which
the assessment rate is zero or de minimis.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\5\ This clarification applies to entries of subject
merchandise during the period of review produced by companies under
review in these final results for which the reviewed companies did not
know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate such entries at the all-
others rate of 4.05 percent from the less-than-fair-value investigation
if there is no rate for the intermediate company(ies) involved in the
transaction.\6\
---------------------------------------------------------------------------
\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\6\ See id.; see also 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, 66596 (November 10, 2008).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930,
as amended (the Act): (1) For the companies covered by this review, the
cash deposit rate will be equal to the weighted-average dumping margin
listed above in the section ``Final Results of Review;'' (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a previously completed segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the final results for the most recent period
in which that producer or exporter participated; (3) if the exporter is
not a firm covered in this review or in any previous segment of this
proceeding, but the producer is, then the cash deposit rate will be
that established for the producer of the merchandise in these final
results of review or in the final results for the most recent period in
which that producer participated; and (4) if neither the exporter nor
the producer is a firm covered in this review or in any previously
completed segment of this proceeding, then the cash deposit rate will
be 4.05 percent, the all-others rate established in the less than fair
value investigation.\7\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\7\ See id.
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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
[[Page 24403]]
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 Department's presumption that
reimbursement of antidumping duties occurred which will result in the
subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: April 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues in the Decision Memorandum
Comment 1: Correction of Certain Errors in FLEX's SAS Program
Comment 2: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 3: Differential Pricing Analysis
Comment 4: Alleged Error in Department's SAS Programming
Comment 5: Grade A and Grade B Sales
Comment 6: 15-Day Liquidation Policy
[FR Doc. 2014-09891 Filed 4-29-14; 8:45 am]
BILLING CODE 3510-DS-P