Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2012-2013, 19964-19965 [2015-08581]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 19964-19965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08581]


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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; 
2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 8, 2014, 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 one 
producer/exporter of subject merchandise, JBF RAK LLC (JBF). Based on 
our analysis of the comments and information received, we made changes 
to the Preliminary Results, which are discussed below. The final 
weighted-average dumping margin is listed below in the section titled 
``Final Results of Review.''
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 72624 (December 8, 2014) 
(Preliminary Results).

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DATES: Effective Date: April 14, 2015.

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

    On December 8, 2014, the Department published the Preliminary 
Results. Since the Preliminary Results, the following events have taken 
place: The Department received timely case briefs from JBF on January 
14, 2015, and from DuPont Teijin Films, Mitsubishi Polyester Film, 
Inc., and SKC, Inc., (collectively, Petitioners) on January 15, 
2015.\2\ JBF filed a timely rebuttal brief on January 20, 2015.\3\
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    \2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip 
from the United Arab Emirates (A-520-803); Case Briefof JBF RAK, 
LLC,'' dated January 14, 2015 and ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from the United ArabEmirates: Petitioners' 
Case BriefCite briefs'' dated January 15, 2015.
    \3\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip 
from the United Arab Emirates (A-520-803); Rebuttal Brief of JBF 
RAK, LLC,'' dated January 20, 2015.
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Period of Review

    The period of review is November 1, 2012, through October 31, 2013.

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.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Memorandum to Ronald K. Lorentzen, Acting 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 (ACCESS). 
ACCESS is available to registered users at https://access.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 JBF. Specifically, we have made 
adjustments for commissions JBF received in the home and U.S. markets, 
we have adjusted JBF's finance expense ratio, and we have adjusted the 
materials cost to account for certain inputs JBF purchased from an 
affiliated party.\4\ A complete discussion of these adjustments and 
changes can be found in the Decision Memorandum.
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    \4\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum 
for JBF RAK LLC,'' April 7, 2015.
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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, 
2012, through October 31, 2013:

------------------------------------------------------------------------
                                                Weighted-average dumping
             Producer or  exporter                 margin (percent ad
                                                        valorem)
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JBF RAK LLC...................................                    11.49
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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.\5\ The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
these final results of review.
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    \5\ 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).

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[[Page 19965]]

    For assessment purposes 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.\6\ We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review.
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    \6\ See 19 CFR 351.212(b)(1).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ 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.\8\
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \8\ 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).
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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 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 company 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.\9\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \9\ 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 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 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Issues in the Decision Memorandum

Comment 1: Adjustments for Commissions in U.S. Dollars Rather than 
Local Currency
Comment 2: Financing Expense Ratio is Not Supported by Information 
on the Record
Comment 3: The Financing Expense Ratio Does Not Include All Elements 
of Financing
Comment 4: Differences in Prices Paid to Affiliated and Unaffiliated 
Suppliers in Material Cost Adjustments
Comment 5: Commissions to Offset Normal Value

[FR Doc. 2015-08581 Filed 4-13-15; 8:45 am]
 BILLING CODE 3510-DS-P