Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Rescission of Antidumping Duty Administrative Review; 2012-2013, 28893 [2014-11673]

Download as PDF Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices conduct a formal scope inquiry in this case because the scope of the original antidumping order was unclear, and (2) exceeded its authority under 19 CFR 351.225(l)(2) by ordering the suspension of liquidation retroactive to the beginning of the period of review when the order did not clearly cover LWS manufactured in the PRC from imported fabrics.15 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Act, the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CAFC’s December 13, 2013, judgment in AMS II constitutes a final decision of that court that is not in harmony with the AR2 Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, as instructed, the Department will lift the suspension of liquidation of the entries at issue. Amended Final Results emcdonald on DSK67QTVN1PROD with NOTICES Dated: May 14, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–11693 Filed 5–19–14; 8:45 am] Assessment Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Rescission of Antidumping Duty Administrative Review; 2012–2013 The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issues appropriate assessment instructions to CBP 15 days after the publication of this notice. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from Brazil for the period November 1, 2012 through October 31, 2013. DATES: Effective Date: May 20, 2014. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1121 or (202) 482–0649, respectively. AGENCY: On December 30, 2013, based on a timely request by DuPont Teijin Films, Mitsubishi Polyester Film, Inc. and SKC, Inc. (collectively, petitioners), the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on PET film from Brazil covering the period November 1, 2012 through October 31, 2013.1 The review covers one firm, Terphane, Ltda. (Terphane). On March 31, 2014, petitioners withdrew their request for review of Terphane. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review if the party that requested the review withdraws its request within 90 days of the date of publication of the notice of initiation of the requested review. Petitioners withdrew their request within the 90day deadline.2 No other party requested an administrative review of this antidumping duty order. As a result, we are rescinding the administrative review 1 See 15 See AMS II, 737 F.3d at 1344. 16 See AR1 Final Results, 76 FR at 14906. 17 See AMS II, 737 F.3d at 1344 (affirming a remand to lift the liquidation suspension for the entries which were the subject of the AMS litigation). 17:09 May 19, 2014 [A–351–841] Notifications This notice 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 and the subsequent assessment of doubled antidumping duties. This notice also serves as a final reminder to parties subject to administrative protective order (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 or 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. This notice is issued and published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 13, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–11673 Filed 5–19–14; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 International Trade Administration of PET film from Brazil for the period November 1, 2012 through October 31, 2013. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Because there is now a final court decision, we are amending the AR2 Final Results to reflect the results of the litigation. The revised effective date of the Department’s country of origin determination is now the publication date of the final results of the first administrative review, March 18, 2011.16 Accordingly, the Department will instruct CBP to liquidate entries of LWS produced in the PRC from imported fabric that were entered, or withdrawn from warehouse, for consumption, before March 18, 2011 without regard to duties.17 The Department will release the draft instructions to interested parties prior to transmission of these instructions to CBP. This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. 28893 Jkt 232001 Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, and Request for Revocation, in Part, 78 FR 79392 (December 30, 2013). 2 The 90-day deadline fell on Sunday, March 30, 2014; therefore, petitioners had until the next business day, or Monday, March 31, 2014, to withdraw their request for review. PO 00000 Frm 00012 Fmt 4703 Sfmt 9990 BILLING CODE 3510–DS–P E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Page 28893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11673]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: 
Rescission of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding the 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET film) from Brazil for the 
period November 1, 2012 through October 31, 2013.

DATES: Effective Date: May 20, 2014.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-1121 or (202) 482-0649, 
respectively.

SUPPLEMENTARY INFORMATION: On December 30, 2013, based on a timely 
request by DuPont Teijin Films, Mitsubishi Polyester Film, Inc. and 
SKC, Inc. (collectively, petitioners), the Department published in the 
Federal Register a notice of initiation of an administrative review of 
the antidumping duty order on PET film from Brazil covering the period 
November 1, 2012 through October 31, 2013.\1\ The review covers one 
firm, Terphane, Ltda. (Terphane). On March 31, 2014, petitioners 
withdrew their request for review of Terphane.
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    \1\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, and Request for Revocation, in Part, 78 FR 
79392 (December 30, 2013).
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review if the party that requested the review withdraws 
its request within 90 days of the date of publication of the notice of 
initiation of the requested review. Petitioners withdrew their request 
within the 90-day deadline.\2\ No other party requested an 
administrative review of this antidumping duty order. As a result, we 
are rescinding the administrative review of PET film from Brazil for 
the period November 1, 2012 through October 31, 2013.
---------------------------------------------------------------------------

    \2\ The 90-day deadline fell on Sunday, March 30, 2014; 
therefore, petitioners had until the next business day, or Monday, 
March 31, 2014, to withdraw their request for review.
---------------------------------------------------------------------------

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issues appropriate 
assessment instructions to CBP 15 days after the publication of this 
notice.

Notifications

    This notice 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 and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a final reminder to parties subject to 
administrative protective order (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 or 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.
    This notice is issued and published in accordance with section 751 
of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: May 13, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-11673 Filed 5-19-14; 8:45 am]
BILLING CODE 3510-DS-P

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