Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 37715-37718 [2014-15574]
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Notices
Exporter
Seafood Joint Stock Company No.4 Branch
Dongtam Fisheries Processing Company ...............
Southern Fishery Industries
Company Ltd. ....................
Sunrise Corporation ..............
Thien Ma Seafood Co., Ltd.
To Chau Joint Stock Company ..................................
Viet Phu Food & Fish Corporation .............................
Vinh Quang Fisheries Corporation .............................
Vietnam-Wide Rate 11 ...........
merchandise subject to this review. We
will continue to direct CBP to assess
importer-specific assessment rates based
Weightedaverage
on the resulting per-unit (i.e., per-kg)
margin
rates by the weight in kg of each entry
(dollars/
of the subject merchandise during the
kilogram
POR. Specifically, we calculated
(‘‘kg’’)) 4
importer-specific duty assessment rates
on a per-unit rate basis by dividing the
total dumping margins (calculated as
the difference between normal value
1.20
and export price, or constructed export
1.20 price) for each importer by the total
1.20 sales quantity of subject merchandise
1.20 sold to that importer during the POR. If
an importer (or customer)-specific
1.20 assessment rate is de minimis (i.e., less
than 0.50 percent), the Department will
1.20 instruct CBP to assess that importer (or
customer’s) entries of subject
1.20 merchandise without regard to
2.11
antidumping duties, in accordance with
19 CFR 351.106(c)(2).
Disclosure
We will disclose the calculations
performed for these amended final
results to interested parties within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of 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
amended final results of this review.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the amended final results of this
administrative review.
For assessment purposes, we
calculated importer (or customer)specific assessment rates for
8 Includes
mstockstill on DSK4VPTVN1PROD with NOTICES
9 Includes
the trade name CL Panga Fish.
the trade names East Sea Seafoods LLC
and ESS.
10 This rate is also applicable to QVD Dong Thap
Food Co., Ltd and Thuan Hung Co., Ltd.
(‘‘THUFICO’’). In the second review of this order,
the Department found QVD, QVD Dong Thap Food
Co., Ltd. and THUFICO to be a single entity and,
because there have been no changes to this
determination since that administrative review, we
continue to find these companies to be part of a
single entity. Therefore, we will assign this rate to
the companies in the single entity. See Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty
Administrative Review, 71 FR 53387 (September 11,
2006).
11 The Vietnam-wide rate includes the following
companies which are under review, but which did
not submit a separate rate application or
certification: East Sea Seafood Co., Ltd., East Sea
Seafoods Joint Venture Co., Ltd., Hung Vuong
Seafood Joint Stock Company, Nam Viet Company
Limited, and Vinh Hoan Company Ltd.
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17:49 Jul 01, 2014
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Cash Deposit Requirements
The following cash deposit
requirements are effective as of April 7,
2014, the date of publication of the
Final Results, for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption, as provided for by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for the exporters listed
above are the rates established in the
amended final results of review; (2) for
previously investigated or reviewed
Vietnamese and non-Vietnamese
exporters not listed in the Final Results
or these amended final results that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (3)
for all Vietnamese exporters of subject
merchandise which were not found to
be entitled to a separate rate in the Final
Results or these amended final results,
the cash deposit rate will be the
Vietnam-wide rate of 2.11 U.S. dollars/
kg; and (4) for all non-Vietnamese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnamese exporters
that supplied that non-Vietnamese
exporter. These deposit requirements
shall remain in effect until further
notice.
Reimbursement of Duties
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 POR. Failure to
comply with this requirement could
result in the Department’s presumption
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37715
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a 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.
These amended final results are
published in accordance with sections
751(h) and 777(i)(1) of the Act.
Dated: May 9, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–15559 Filed 7–1–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2011–2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2013, the
Department of Commerce (the
Department) published its Preliminary
Results of the 2011–2012 administrative
review of the antidumping duty order
on polyethylene terephthalate film,
sheet, and strip from the People’s
Republic of China (PRC).1 The period of
review (POR) is November 1, 2011,
through October 31, 2012. This review
covers six producers/exporters of
subject merchandise: (1) Shaoxing
Xiangyu Green Packing Co. Ltd. (‘‘Green
Packing’’); (2) Tianjin Wanhua Co., Ltd.
(‘‘Wanhua’’); (3) Fuwei Films
(Shandong) Co. Ltd. (‘‘Fuwei Films’’);
AGENCY:
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 78333
(December 26, 2013) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Notices
(4) Sichuan Dongfang Insulating
Material Co., Ltd. (‘‘Dong Fang’’); and
(5) DuPont Teijin Films China Limited,
DuPont Hongji Films Foshan Co., Ltd.,
and DuPont Teijin Hongji Films Ningbo
Co., Ltd (‘‘collectively the ‘‘DuPont
Group’’). Green Packing and Wanhua
are the selected mandatory respondents.
We invited interested parties to
comment on our Preliminary Results.
Based on our analysis of the comments
received, we made certain changes to
our margin calculations for Green
Packing. The final dumping margins for
this review are listed in the ‘‘Final
Results’’ section below.
DATES: Effective date: July 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Jonathan Hill, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3936 or (202) 482–
3518, respectively.
Background
On December 26, 2013, the
Department published its Preliminary
Results. We received case briefs from
Mitsubishi Polyester Film, Inc. and
SKC, Inc. (collectively ‘‘Petitioners’’)
and Green Packing on February 11, 2014
and February 12, 2014, respectively.2
Wanhua resubmitted its case brief to
redact certain untimely new factual
information on February 28, 2014,3
rebuttal briefs from Petitioners and
Wanhua on February 18, 2014.
Petitioners resubmitted their rebuttal
brief (redacting references to the
untimely new information in Wanhua’s
original case brief) on March 17, 2014.4
Additionally, on February 11, 2014, the
Department received comments on the
draft liquidation instructions from
Bemis Company, Inc. and its affiliate,
Milprint Inc. (collectively ‘‘Bemis’’), and
a letter in lieu of a case brief from
Terphane, Inc., in which Terphane, Inc.
states that it supports all arguments
made by Petitioners in Petitioners’ case
brief.5
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
PET film, whether extruded or coextruded. PET film is classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).6 Although
the HTSUS subheadings are provided
for convenience and customs purposes,
our written description of the scope of
the order is dispositive.
For the full text of the scope of the
order, see ‘‘Issues and Decision
Memorandum for the Final Results of
the 2011—2012 Administrative
Review,’’ (‘‘Issues and Decision
Memorandum’’), dated concurrently
with this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. 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, 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 paper
copy and electronic version of the Issues
and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we revised the margin
calculations for Green Packing.
Specifically, the Department applied the
correct Harmonized Tariff Schedule
heading in the calculation of the
surrogate value for a certain packing
material used by Green Packing.7
Separate Rates
In our Preliminary Results, we
determined that Green Packing,
Wanhua, Fuwei Films, Dongfang, and
the DuPont Group, each demonstrated
their eligibility for separate rate status.8
We have not received any information
since the issuance of the Preliminary
Results that provides a basis for
reconsideration of this determination.
Therefore, the Department continues to
find that these companies are each
eligible for separate rate status.
Final Results
We determine that the following
weighted-average dumping margins
exist for the POR:
Weighted-average
dumping margin
(Percentage)
Exporter
mstockstill on DSK4VPTVN1PROD with NOTICES
Shaoxing Xiangyu Green Packing Co. Ltd ..........................................................................................................................
Tianjin Wanhua Co., Ltd ......................................................................................................................................................
Fuwei Films (Shandong) Co., Ltd.* .....................................................................................................................................
2 See Letter from Petitioners, Commerce,
‘‘Polyethylene Terephthalate Film, Sheet, and Strip
from the People’s Republic of China: Petitioners’
Case Brief,’’ dated February 11, 2014; see also letter
from Green Packing, ‘‘Polyethylene Terephthalate
(PET) Film from China,’’ dated February 12, 2014
(‘‘Green Packing Brief’’).
3 See Letter from Wanhua to the Secretary of
Commerce, ‘‘Polyethylene Terephthalate (PET) Film
from the People’s Republic of China; A–570–924;
Case Brief of Tianjin Wanhua Co., Ltd.,’’ dated
February 28, 2014 (‘‘Wanhua Brief’’); see also letter
from Howard Smith, Program Manager, Office IV,
Enforcement and Compliance to Wanhua dated
February 27, 2014 in which the Department rejected
Wanhua’s Brief for the inclusion of untimely filed
information and requested a redacted version be
filed by March 5, 2014.
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4 See Letter from Wanhua, ‘‘Polyethylene
Terephthalate (PET) Film from the People’s
Republic of China; A–570–924; Rebuttal Brief of
Tianjin Wanhua Co., Ltd.,’’ dated February 18,
2014; see also letter from Petitioners, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip from the
People’s Republic of China: Petitioners’ Rebuttal
Brief,’’ dated February 18, 2014; see also letter from
Howard Smith, Program Manager, Office IV,
Enforcement and Compliance to Petitioners dated
March 14, 2014 in which the Department rejected
Petitioners’ rebuttal brief for its reference to
untimely filed information found in Wanhua’s
original case brief and requested a redacted version
be filed by March 17, 2014.
5 See Letter from Bemis to the Secretary of
Commerce, ‘‘Comments on Draft Liquidation
Instructions,’’ dated February 11, 2014; see also
letter from Terphane, Inc. to the Secretary of
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34.00
22.07
31.24
Commerce ‘‘Administrative Review Of The
Antidumping Duty Order On Polyethylene
Terephthalate (PET) Film, Sheet, And Strip From
The People’s Republic Of China/Letter In Lieu Of
Case Brief,’’ dated February 11, 2014.
6 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
‘‘Issues and Decision Memorandum for the Final
Results of the 2011–2012 Administrative Review,’’
issued concurrently with this notice (‘‘Issues and
Decision Memorandum’’) for a complete description
of the scope of the Order.
7 See Issues and Decision Memorandum.
8 See Preliminary Results, 78 FR at 78333, and
accompanying Preliminary Decision Memorandum
at ‘‘Separate Rate.’’
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Notices
Weighted-average
dumping margin
(Percentage)
Exporter
DuPont Teijin Films China Limited, DuPont Hongji Films Foshan Co., Ltd., and DuPont Teijin Films Hongji Ningbo
Co., Ltd.* ..........................................................................................................................................................................
Sichuan Dongfang Insulating Material Co., Ltd.* ................................................................................................................
31.24
31.24
* These companies demonstrated eligibility for a separate rate in this administrative review. The rate for these companies is the simple average
of the calculated antidumping duty rates for Green Packing and Wanhua.
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review. The Department intends to
issue assessment instructions to CBP 15
days after the publication date of these
final results of this review. In
accordance with 19 CFR 351.212(b)(1),
we are calculating importer- (or
customer-) specific assessment rates for
the merchandise subject to this review.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), the Department will
calculate 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 dutyassessment 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.9 We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate is above de minimis.
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
9 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
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The Department announced a
refinement to its assessment practice in
non-market economy (NME) cases.10
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the NME-wide rate (i.e., 76.72
percent).11 For a full discussion of this
practice, see Assessment in NME
Antidumping Proceedings.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) For the exporters
listed above, the cash deposit rate will
be the rate listed for each exporter in the
table in the ‘‘Final Results’’ section of
this notice; (2) for previously
investigated or reviewed PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled a separate rate, the
cash deposit rate will be the rate of the
PRC-wide entity established in the final
determination of the less than fair value
investigation (i.e., 76.72 percent); and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment in NME
Antidumping Proceedings’’).
11 See Polyethylene Terephthalate Film, Sheet,
and Strip from the People’s Republic of China:
Final Results of the 2009–2010 Antidumping Duty
Administrative Review of the Antidumping Duty
Order, 77 FR 14493, 14494 (March 12, 2012).
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Disclosure
We intend to disclose the calculations
performed regarding these final results
within five days of the date of
publication of this notice in this
proceeding in accordance with 19 CFR
351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
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 POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and that subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
(‘‘APO’’)
This notice also serves as a reminder
to parties subject to 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.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: June 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Scope of the Order
Discussion of the Issues
General Issues
Issue 1: Surrogate Country Selection
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A. Whether South Africa is a Significant
Producer of Comparable Merchandise
B. Quality of the Indonesian and South
African Surrogate Data to Value FOP
C. Surrogate Financial Statements to Value
Financial Ratios
Issue 2: PET Chip Surrogate Value
Issue 3: Treatment of Generated and
Reintroduced By-Product
Company-Specific Issues
Issue 4: Treatment of Green Packing’s
Reintroduced PET Waste By-Product
Issue 5: Green Packing’s Sold By-Product
Issue 6: Treatment of Market Economy
Purchases (‘‘MEP’’)
Issue 6: U.S. Sales Database
Issue 7: Plastic Stopper SV
Issue 8: Value-Added Tax (‘‘VAT’’)
Adjustment to Wanhua’s U.S. Sales Price
Issue 9: Importer of Record for Certain
Sales to the U.S.
Recommendation
[FR Doc. 2014–15574 Filed 7–1–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–817]
Silicon Metal From the Russian
Federation: Continuation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 2, 2014.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
order on silicon metal from the Russian
Federation (Russia), would likely lead to
a continuation or recurrence of dumping
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation for
this antidumping duty order.
FOR FURTHER INFORMATION CONTACT:
Contact Information: Elfi Blum or
Jacqueline Arrowsmith, 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) 482–0197 or (202) 482–
5255, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Background
The Department initiated and the ITC
instituted sunset reviews of the
antidumping duty order on silicon
metal from Russia, pursuant to section
751(c) of the Tariff Act of 1930, as
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Jkt 232001
amended (the Act).1 As a result of its
review, the Department found that
revocation of the antidumping duty
order would likely lead to a
continuation or recurrence of dumping
and therefore notified the ITC of the
magnitude of the margins likely to
prevail were the order to be revoked.2
On June 17, 2014, the ITC published
its determination pursuant to section
751(c) of the Act, that revocation of the
antidumping duty order on silicon
metal from Russia would likely lead to
a continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.3
five-year review of this order not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Scope of the Order
The product covered by this order is
silicon metal, which generally contains
at least 96.00 percent but less than 99.99
percent silicon by weight. The
merchandise covered by this order also
includes silicon metal from Russia
containing between 89.00 and 96.00
percent silicon by weight, but
containing more aluminum than the
silicon metal which contains at least
96.00 percent but less than 99.99
percent silicon by weight. Silicon metal
currently is classifiable under
subheadings 2804.69.10 and 2804.69.50
of the Harmonized Tariff Schedule of
the United States (HTSUS). This order
covers all silicon metal meeting the
above specification, regardless of tariff
classification.
DEPARTMENT OF COMMERCE
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of this antidumping duty
order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping duty order on silicon
metal from Russia. U.S. Customs and
Border Protection will continue to
collect antidumping duty cash deposits
at the rates in effect at the time of entry
for all imports of subject merchandise.
The effective date of the continuation
of this order will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, the
Department intends to initiate the next
1 See Initiation of Five Year (‘‘Sunset’’) Review, 78
FR 33063 (June 3, 2013) (Sunset Initiation Notice).
2 See Silicon Metal from the Russian Federation:
Final Results of the Expedited Second Sunset
Review of the Antidumping Duty Order, 78 FR
61334 (October 3, 2013).
3 See Silicon Metal from Russia, 79 FR 34551
(June 17, 2014).
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Dated: June 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–15567 Filed 7–1–14; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–570–996, A–428–843, A–588–872, A–401–
809]
Non-Oriented Electrical Steel From the
People’s Republic of China, Germany,
Japan, and Sweden: Postponement of
Final Determinations of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is postponing the
deadline for issuing the final
determinations in the less-than-fairvalue (‘‘LTFV’’) investigations of nonoriented electrical steel from the
People’s Republic of China (‘‘the PRC’’),
Germany, Japan, and Sweden and is
extending the provisional measures
from a four-month period to a period
not more than six months in duration.
DATES: Effective Date: July 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun at (202) 482–5760 (the
PRC); Patrick O’Connor at (202) 482–
0989 (Germany); Thomas Martin at (202)
482–3936 (Japan); and Drew Jackson at
(202) 482–4406 (Sweden); Antidumping
and Countervailing Duty Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On
November 18, 2013, the Department
published a notice of initiation of the
LTFV investigations of non-oriented
electrical steel from the PRC, Germany,
Japan, the Republic of Korea, Sweden
and Taiwan.1 The period of
AGENCY:
1 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden and Taiwan: Initiation
of Antidumping Duty Investigations, 78 FR 69041
(November 18, 2013).
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37715-37718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15574]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2013, the Department of Commerce (the
Department) published its Preliminary Results of the 2011-2012
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip from the People's Republic of
China (PRC).\1\ The period of review (POR) is November 1, 2011, through
October 31, 2012. This review covers six producers/exporters of subject
merchandise: (1) Shaoxing Xiangyu Green Packing Co. Ltd. (``Green
Packing''); (2) Tianjin Wanhua Co., Ltd. (``Wanhua''); (3) Fuwei Films
(Shandong) Co. Ltd. (``Fuwei Films'');
[[Page 37716]]
(4) Sichuan Dongfang Insulating Material Co., Ltd. (``Dong Fang''); and
(5) DuPont Teijin Films China Limited, DuPont Hongji Films Foshan Co.,
Ltd., and DuPont Teijin Hongji Films Ningbo Co., Ltd (``collectively
the ``DuPont Group''). Green Packing and Wanhua are the selected
mandatory respondents. We invited interested parties to comment on our
Preliminary Results. Based on our analysis of the comments received, we
made certain changes to our margin calculations for Green Packing. The
final dumping margins for this review are listed in the ``Final
Results'' section below.
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review; 2011-2012, 78 FR 78333 (December 26,
2013) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
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DATES: Effective date: July 2, 2014.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-3518, respectively.
Background
On December 26, 2013, the Department published its Preliminary
Results. We received case briefs from Mitsubishi Polyester Film, Inc.
and SKC, Inc. (collectively ``Petitioners'') and Green Packing on
February 11, 2014 and February 12, 2014, respectively.\2\ Wanhua
resubmitted its case brief to redact certain untimely new factual
information on February 28, 2014,\3\ rebuttal briefs from Petitioners
and Wanhua on February 18, 2014. Petitioners resubmitted their rebuttal
brief (redacting references to the untimely new information in Wanhua's
original case brief) on March 17, 2014.\4\ Additionally, on February
11, 2014, the Department received comments on the draft liquidation
instructions from Bemis Company, Inc. and its affiliate, Milprint Inc.
(collectively ``Bemis''), and a letter in lieu of a case brief from
Terphane, Inc., in which Terphane, Inc. states that it supports all
arguments made by Petitioners in Petitioners' case brief.\5\
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\2\ See Letter from Petitioners, Commerce, ``Polyethylene
Terephthalate Film, Sheet, and Strip from the People's Republic of
China: Petitioners' Case Brief,'' dated February 11, 2014; see also
letter from Green Packing, ``Polyethylene Terephthalate (PET) Film
from China,'' dated February 12, 2014 (``Green Packing Brief'').
\3\ See Letter from Wanhua to the Secretary of Commerce,
``Polyethylene Terephthalate (PET) Film from the People's Republic
of China; A-570-924; Case Brief of Tianjin Wanhua Co., Ltd.,'' dated
February 28, 2014 (``Wanhua Brief''); see also letter from Howard
Smith, Program Manager, Office IV, Enforcement and Compliance to
Wanhua dated February 27, 2014 in which the Department rejected
Wanhua's Brief for the inclusion of untimely filed information and
requested a redacted version be filed by March 5, 2014.
\4\ See Letter from Wanhua, ``Polyethylene Terephthalate (PET)
Film from the People's Republic of China; A-570-924; Rebuttal Brief
of Tianjin Wanhua Co., Ltd.,'' dated February 18, 2014; see also
letter from Petitioners, ``Polyethylene Terephthalate Film, Sheet,
and Strip from the People's Republic of China: Petitioners' Rebuttal
Brief,'' dated February 18, 2014; see also letter from Howard Smith,
Program Manager, Office IV, Enforcement and Compliance to
Petitioners dated March 14, 2014 in which the Department rejected
Petitioners' rebuttal brief for its reference to untimely filed
information found in Wanhua's original case brief and requested a
redacted version be filed by March 17, 2014.
\5\ See Letter from Bemis to the Secretary of Commerce,
``Comments on Draft Liquidation Instructions,'' dated February 11,
2014; see also letter from Terphane, Inc. to the Secretary of
Commerce ``Administrative Review Of The Antidumping Duty Order On
Polyethylene Terephthalate (PET) Film, Sheet, And Strip From The
People's Republic Of China/Letter In Lieu Of Case Brief,'' dated
February 11, 2014.
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Scope of the Order
The products covered by the 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 (``HTSUS'').\6\ Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
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\6\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
``Issues and Decision Memorandum for the Final Results of the 2011-
2012 Administrative Review,'' issued concurrently with this notice
(``Issues and Decision Memorandum'') for a complete description of
the scope of the Order.
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For the full text of the scope of the order, see ``Issues and
Decision Memorandum for the Final Results of the 2011--2012
Administrative Review,'' (``Issues and Decision Memorandum''), dated
concurrently with this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. 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, 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 paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we revised the
margin calculations for Green Packing. Specifically, the Department
applied the correct Harmonized Tariff Schedule heading in the
calculation of the surrogate value for a certain packing material used
by Green Packing.\7\
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\7\ See Issues and Decision Memorandum.
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Separate Rates
In our Preliminary Results, we determined that Green Packing,
Wanhua, Fuwei Films, Dongfang, and the DuPont Group, each demonstrated
their eligibility for separate rate status.\8\ We have not received any
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of this determination. Therefore, the
Department continues to find that these companies are each eligible for
separate rate status.
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\8\ See Preliminary Results, 78 FR at 78333, and accompanying
Preliminary Decision Memorandum at ``Separate Rate.''
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Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(Percentage)
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Shaoxing Xiangyu Green Packing Co. Ltd......... 34.00
Tianjin Wanhua Co., Ltd........................ 22.07
Fuwei Films (Shandong) Co., Ltd.*.............. 31.24
[[Page 37717]]
DuPont Teijin Films China Limited, DuPont 31.24
Hongji Films Foshan Co., Ltd., and DuPont
Teijin Films Hongji Ningbo Co., Ltd.*.........
Sichuan Dongfang Insulating Material Co., Ltd.* 31.24
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* These companies demonstrated eligibility for a separate rate in this
administrative review. The rate for these companies is the simple
average of the calculated antidumping duty rates for Green Packing and
Wanhua.
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. The Department intends to issue
assessment instructions to CBP 15 days after the publication date of
these final results of this review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-) specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), the Department will calculate
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.\9\ We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate is above de
minimis. Where either the respondent's weighted-average dumping margin
is zero or de minimis, or an importer-specific assessment rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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The Department announced a refinement to its assessment practice in
non-market economy (NME) cases.\10\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the NME-wide rate (i.e., 76.72 percent).\11\ For a full discussion of
this practice, see Assessment in NME Antidumping Proceedings.
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Antidumping Proceedings'').
\11\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Results of the 2009-2010
Antidumping Duty Administrative Review of the Antidumping Duty
Order, 77 FR 14493, 14494 (March 12, 2012).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(the Act): (1) For the exporters listed above, the cash deposit rate
will be the rate listed for each exporter in the table in the ``Final
Results'' section of this notice; (2) for previously investigated or
reviewed PRC and non-PRC exporters that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled a separate
rate, the cash deposit rate will be the rate of the PRC-wide entity
established in the final determination of the less than fair value
investigation (i.e., 76.72 percent); and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice in this proceeding in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and that subsequent
assessment of doubled antidumping duties.
Administrative Protective Order (``APO'')
This notice also serves as a reminder to parties subject to 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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Scope of the Order
Discussion of the Issues
General Issues
Issue 1: Surrogate Country Selection
[[Page 37718]]
A. Whether South Africa is a Significant Producer of Comparable
Merchandise
B. Quality of the Indonesian and South African Surrogate Data to
Value FOP
C. Surrogate Financial Statements to Value Financial Ratios
Issue 2: PET Chip Surrogate Value
Issue 3: Treatment of Generated and Reintroduced By-Product
Company-Specific Issues
Issue 4: Treatment of Green Packing's Reintroduced PET Waste By-
Product
Issue 5: Green Packing's Sold By-Product
Issue 6: Treatment of Market Economy Purchases (``MEP'')
Issue 6: U.S. Sales Database
Issue 7: Plastic Stopper SV
Issue 8: Value-Added Tax (``VAT'') Adjustment to Wanhua's U.S.
Sales Price
Issue 9: Importer of Record for Certain Sales to the U.S.
Recommendation
[FR Doc. 2014-15574 Filed 7-1-14; 8:45 am]
BILLING CODE 3510-DS-P
