Preliminary Negative Determination of Circumvention of the Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates, 26229-26230 [2015-11085]

Download as PDF Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices Constitution Avenue NW., Washington, DC 20230.7 Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in the case briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.8 The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of the final results of this review. For each individually-examined respondent in this review (i.e., Dongyuan and Yingao) which has a weighted-average dumping margin which is not zero or de minimis (i.e., less than 0.5 percent), we will calculate importer- (or customer-) specific perunit duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s (or customer’s) examined sales to the total sales quantity associated with those sales, in accordance with 19 CFR 351.212(b)(1).9 Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importer- (or customer-) specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the respondents which were not selected for individual examination in this administrative review and which qualified for a separate rate, the assessment rate will be equal to the average of the weighted-average dumping margins assigned to Dongyuan and Yingao in the final results of this review. For the final results, if we continue to treat the three companies identified above as part of the PRC-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 76.45 percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies. 7 See 19 CFR 351.310(d). 19 CFR 351.212(b)(1). 9 In these preliminary results, 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). 8 See VerDate Sep<11>2014 18:57 May 06, 2015 Jkt 235001 The Department announced a refinement to its assessment practice in NME cases. 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 PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.10 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 the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (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 to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity, which is 76.45 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(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in the 10 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 26229 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results of reviews in accordance with sections 751(a)(l) and 777(i)(l) of the Act. Dated: April 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Non-Market Economy Country B. Separate Rates Determination C. The PRC-Wide Entity D. Surrogate Country 1. Economic Comparability 2. Significant Producer of Comparable Merchandise 3. Data Availability E. Date of Sale F. Fair Value Comparisons 1. Determination of Comparison Method 2. Export Price 3. Value-Added Tax 4. Normal Value G. Factor Valuation Methodology H. Adjustment Under Section 777A(f) of the Act I. Currency Conversion V. Conclusion [FR Doc. 2015–11083 Filed 5–6–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–803] Preliminary Negative Determination of Circumvention of the Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On July 29, 2014, pursuant to allegations by Polyplex USA LLC and Flex USA Inc., the Department of Commerce (the Department) initiated an anti-circumvention inquiry to determine whether imports of polyethylene terephthalate film, sheet, and strip (PET Film) from the Kingdom of Bahrain (Bahrain) produced by JBF Bahrain S.P.C. (JBF Bahrain) are circumventing the antidumping order on PET Film from the United Arab Emirates (UAE). We preliminarily determine that PET Film produced by JBF Bahrain in AGENCY: E:\FR\FM\07MYN1.SGM 07MYN1 26230 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices Bahrain is not circumventing the order of PET Film from the UAE,1 pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act). DATES: Effective: May 7, 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: Scope of the Order The products covered by the order are all gauges of raw, pre-treated, or primed polyethylene terephthalate 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. Polyethylene terephthalate 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.2 Scope of the Anti-Circumvention Inquiry This anti-circumvention inquiry covers PET Film produced in Bahrain by JBF Bahrain from inputs (PET chips and silica chips) manufactured in the UAE, and that is subsequently exported from Bahrain to the United States. mstockstill on DSK4VPTVN1PROD with NOTICES Methodology The Department has conducted this preliminary determination of circumvention in accordance with section 781(b) of the Act and 19 CFR 1 See 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 (November 10, 2008) (Order). 2 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Preliminary Decision Memorandum for Anticircumvention Inquiry of the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates’’ (Preliminary Decision Memorandum), dated concurrently with these results and herby adopted by this notice. VerDate Sep<11>2014 18:07 May 06, 2015 Jkt 235001 351.225(h). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.3 The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service 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 in room 7046 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed Preliminary Decision Memorandum and electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Findings As detailed in the Preliminary Decision Memorandum, the Department has preliminarily determined that the process of completion or assembly of PET Film produced by JBF Bahrain is not minor or insignificant, pursuant to section 781(b)(2) of the Act, nor is the value of the merchandise produced in the UAE a significant portion of the value of PET film exported from Bahrain to the United States, pursuant to section 781(b)(1)(D) of the Act. Therefore, the Department preliminarily determines that PET Film produced by JBF Bahrain in Bahrain using inputs from the UAE, and exported from Bahrain to the United States, is not circumventing the Order. Public Comment The Department intends to disclose the analysis used in these preliminary findings within five days of publication of this notice. Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(b)(2), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may not be filed later than five days after the time limit for filing case briefs.4 Case and rebuttal briefs, when submitted, must comport with the requirements contained in 19 CPR 351.309(c)(2) and (d)(2). Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the day of publication of this 3 Id. 4 See PO 00000 19 CFR 351.309(d)(1). Frm 00015 Fmt 4703 Sfmt 4703 notice pursuant to 19 CFR 351.310(c). A request should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed.5 Issues raised in the hearing will be limited to those raised in case briefs. Final Determination According to 19 CFR 351.225(f)(5), the Department will normally issue a final scope ruling in a circumvention inquiry within 300 days of the date of the initiation inquiry. Because of the extensive cost, investment, and research and development information required for this analysis from JBF, the Department is extending the deadline for the final ruling in this inquiry. The final determination with respect to this anti-circumvention inquiry, including results of the Department’s analysis of any written comments, will be issued no later than July 31, 2015. This preliminary negative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225. Dated: May 1, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Scope of the Anticircumvention Inquiry 5. Statutory Framework 6. Statutory Analysis 7. Summary of Statutory Analysis [FR Doc. 2015–11085 Filed 5–6–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is amending the Final Results 1 of the administrative review of AGENCY: 5 See 19 CFR 351.310(c). Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012– 2013, 80 FR 20197 (April 15, 2015) (‘‘Final Results’’) and accompanying Memorandum from 1 See E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26229-26230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11085]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Preliminary Negative Determination of Circumvention of the 
Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip 
From the United Arab Emirates

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

SUMMARY: On July 29, 2014, pursuant to allegations by Polyplex USA LLC 
and Flex USA Inc., the Department of Commerce (the Department) 
initiated an anti-circumvention inquiry to determine whether imports of 
polyethylene terephthalate film, sheet, and strip (PET Film) from the 
Kingdom of Bahrain (Bahrain) produced by JBF Bahrain S.P.C. (JBF 
Bahrain) are circumventing the antidumping order on PET Film from the 
United Arab Emirates (UAE). We preliminarily determine that PET Film 
produced by JBF Bahrain in

[[Page 26230]]

Bahrain is not circumventing the order of PET Film from the UAE,\1\ 
pursuant to section 781(b) of the Tariff Act of 1930, as amended (the 
Act).
---------------------------------------------------------------------------

    \1\ See 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 
(November 10, 2008) (Order).

---------------------------------------------------------------------------
DATES: Effective: May 7, 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:

Scope of the Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate 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. Polyethylene terephthalate 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.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Preliminary Decision Memorandum for Anti-circumvention Inquiry of 
the Antidumping Duty Order on Polyethylene Terephthalate Film, 
Sheet, and Strip from the United Arab Emirates'' (Preliminary 
Decision Memorandum), dated concurrently with these results and 
herby adopted by this notice.
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers PET Film produced in Bahrain 
by JBF Bahrain from inputs (PET chips and silica chips) manufactured in 
the UAE, and that is subsequently exported from Bahrain to the United 
States.

Methodology

    The Department has conducted this preliminary determination of 
circumvention in accordance with section 781(b) of the Act and 19 CFR 
351.225(h). For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.\3\ The 
Preliminary Decision Memorandum is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service 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 in room 7046 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Preliminary Findings

    As detailed in the Preliminary Decision Memorandum, the Department 
has preliminarily determined that the process of completion or assembly 
of PET Film produced by JBF Bahrain is not minor or insignificant, 
pursuant to section 781(b)(2) of the Act, nor is the value of the 
merchandise produced in the UAE a significant portion of the value of 
PET film exported from Bahrain to the United States, pursuant to 
section 781(b)(1)(D) of the Act. Therefore, the Department 
preliminarily determines that PET Film produced by JBF Bahrain in 
Bahrain using inputs from the UAE, and exported from Bahrain to the 
United States, is not circumventing the Order.

Public Comment

    The Department intends to disclose the analysis used in these 
preliminary findings within five days of publication of this notice. 
Interested parties are invited to comment on the preliminary results of 
this review. Pursuant to 19 CFR 351.309(b)(2), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may not be filed later than five days after the time limit for 
filing case briefs.\4\ Case and rebuttal briefs, when submitted, must 
comport with the requirements contained in 19 CPR 351.309(c)(2) and 
(d)(2).
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(d)(1).
---------------------------------------------------------------------------

    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance within 30 days after 
the day of publication of this notice pursuant to 19 CFR 351.310(c). A 
request should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed.\5\ Issues raised in the hearing will be limited to those 
raised in case briefs.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Final Determination

    According to 19 CFR 351.225(f)(5), the Department will normally 
issue a final scope ruling in a circumvention inquiry within 300 days 
of the date of the initiation inquiry. Because of the extensive cost, 
investment, and research and development information required for this 
analysis from JBF, the Department is extending the deadline for the 
final ruling in this inquiry. The final determination with respect to 
this anti-circumvention inquiry, including results of the Department's 
analysis of any written comments, will be issued no later than July 31, 
2015.
    This preliminary negative circumvention determination is published 
in accordance with section 781(b) of the Act and 19 CFR 351.225.

    Dated: May 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Scope of the Anticircumvention Inquiry
5. Statutory Framework
6. Statutory Analysis
7. Summary of Statutory Analysis

[FR Doc. 2015-11085 Filed 5-6-15; 8:45 am]
 BILLING CODE 3510-DS-P
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