Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013, 33241-33243 [2015-14349]
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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices
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Agenda
Welcome and Introductions
Tara Martinez, Vice Chair
Discuss Plans for Future Briefing
Meeting
WV State Advisory Committee
Administrative Matters
Ivy L. Davis, DFO
Friday, June 26, 2015 at 10:00
a.m. (EDT).
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ADDRESSES:
Ivy
L. Davis at ero@usccr.gov, or 202–376–
7533.
FOR FURTHER INFORMATION CONTACT:
Dated: Friday, June 5, 2015.
David Mussatt,
Chief, Regional Programs Unit.
[FR Doc. 2015–14237 Filed 6–10–15; 8:45 am]
BILLING CODE 6335–01–P
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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 and Final Determination of No
Shipments; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 5, 2014, the
Department of Commerce (the
‘‘Department’’) published its
Preliminary Results in the 2012–2013
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, 2012, through
October 31, 2013. This review covers
four companies: Shaoxing Xiangyu
Green Packing Co. Ltd. (‘‘Green
Packing’’) and Tianjin Wanhua Co., Ltd.
(‘‘Wanhua’’), which were subject to
individual examination, as well as
Fuwei Films (Shandong) Co., Ltd.
(‘‘Fuwei Films’’) and Sichuan Dongfang
Insulating Material Co., Ltd.,
(‘‘Dongfang’’).2 Based on our analysis of
the comments received, we made
certain changes to our margin
calculations for Wanhua. The final
dumping margins for this review are
listed in the ‘‘Final Results’’ section
below.
DATES: Effective Date: June 11, 2015.
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.
AGENCY:
Background
On December 5, 2014, the Department
published its Preliminary Results in this
review. We received case briefs from
Mitsubishi Polyester Film, Inc. and
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments and Partial Rescission of Review;
2012–2013, 79 FR 72166 (December 5, 2014)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum. The
Department notes that Fuwei Films and Dongfang
had no reviewable entries.
2 The review of Huangshi Yucheng Trade Co.,
Ltd. was rescinded. See Preliminary Results.
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33241
SKC, Inc. (collectively ‘‘Petitioners’’),
Green Packing, and Wanhua on January
14, 2015.3 On January 26, 2015,
Petitioners and Wanhua submitted
rebuttal briefs.4 On March 23, 2015,
Green Packing and Wanhua resubmitted
case briefs and Petitioners resubmitted
its rebuttal brief 5 to redact certain
untimely new factual information.
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’’). 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 Memorandum to Ronald K.
Lorentzen, Acting 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 2012–2013
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
3 See Letter from Petitioners to the Secretary of
Commerce, ‘‘Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s Republic of
China: Petitioners’ Case Brief,’’ dated January 14,
2015. Also, on January 14, 2015, the Department
received a letter in lieu of a case brief from
Terphane, Inc., in which Terphane, Inc. states that
it supports the Department preliminary results and
arguments made by Petitioners in Petitioners’ case
brief. See Wanhua’s and Green Packing’s
resubmitted case briefs dated March 23, 2015.
4 See Letter from Wanhua to the Secretary of
Commerce, ‘‘Polyethylene Terephthalate (PET) Film
from the People’s Republic of China; A–570–924;
Rebuttal Brief,’’ dated January 26, 2015 (‘‘Wanhua
Rebuttal Brief’’). Also, on January 26, 2015, the
Department received a letter in lieu of a rebuttal
brief from Terphane, Inc., in which Terphane, Inc.
states that it supports all arguments made by
Petitioners in Petitioners’ case brief. See Petitioners
resubmitted rebuttal brief dated March 23, 2015.
5 See Letter from Green Packing to the Secretary
of Commerce ‘‘Polyethylene Terephthalate (PET)
Film from China,’’ dated March 23, 2015; see also
letter from Wanhua to the Secretary of Commerce,
‘‘Polyethylene Terephthalate (PET) Film from the
People’s Republic of China; A–570–924;
Resubmission of Case Brief,’’ dated March 23, 2015;
see also letter from Petitioners to the Secretary of
Commerce, ‘‘Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s Republic of
China: Resubmission of Petitioners’ Rebuttal Brief,’’
dated March 23, 2015.
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33242
Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices
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
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.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 Wanhua. Specifically,
we corrected two errors in our
calculations by deducting marine
insurance expenses 6 and value added
taxes 7 from Wanhua’s U.S. sales prices,
both of which we inadvertently failed to
deduct in the Preliminary Results.
Final Determination of No Shipments
For these final results, the Department
continues 8 to find that Fuwei Films and
Dongfang did not have any reviewable
entries during the POR.9
Final Results
We determine that the following
weighted-average dumping margins
exist for the POR:
Exporter
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Shaoxing Xiangyu Green
Packing Co. Ltd ................
Tianjin Wanhua Co., Ltd .......
Weightedaverage
dumping
margin
(percentage)
35.10
72.15
6 See Issues and Decision Memorandum at
Comment 6.
7 See Memorandum from Jonathan Hill,
International Trade Compliance Analyst to Howard
Smith, Program Manager, AD/CVD Operation,
Office IV ‘‘Analysis for the Final Results of the
2012–2013 Administrative Review of the
Antidumping Duty Order on Polyethylene
Terephthalate Film, Sheet and Strip from the
People’s Republic of China: Tianjin Wanhua Co.,
Ltd.,’’ dated concurrently with this notice.
8 See Preliminary Results and accompanying
Preliminary Decision Memorandum at ‘‘Preliminary
Determination of No Shipments.’’
9 See Issues and Decision Memorandum at
Comment 1.
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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 a perunit 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 perunit rate against the entered quantity of
the subject merchandise.10 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate (i.e., 76.72 percent).11
Additionally, 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 will be liquidated at the PRCwide rate.
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
10 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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publication date of this notice in the
Federal Register, as provided by section
751(a)(2)(C) of 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 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
previously established for the PRC-wide
entity; 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 nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations
performed for these final results of
review within five days of the date of
publication of this notice in the Federal
Register 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 Secretary’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of double 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 these results of
administrative review and publishing
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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices
directed to Laurie Mease, Office of
Textiles and Apparel, U.S. Department
of Commerce, Telephone: 202–482–
2043, Email: Laurie.Mease@trade.gov.
SUPPLEMENTARY INFORMATION:
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Scope of the Order
Discussion of the Issues
I. General Issues
Comment 1: Respondent Selection
Comment 2: Surrogate Country Selection
A. Whether South Africa is a Significant
Producer of Comparable Merchandise
B. Quality of the Indonesian and South
African Surrogate Value Data
C. Surrogate Financial Statements
Comment 3: SV for Paper Core
II. Company-Specific Issues
Comment 4: Treatment of Green Packing’s
Reintroduced PET By-Product
Comment 5: Value-Added Tax (‘‘VAT’’)
Adjustment to Wanhua’s U.S. Sales Price
Comment 6: Deduction of Marine
Insurance from Wanhua’s U.S. Sales
Prices
Recommendation
[FR Doc. 2015–14349 Filed 6–10–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Procedures for
Considering Requests and Comments
From the Public for Textile and Apparel
Safeguard Actions on Imports From
Colombia
International Trade
Administration (ITA), Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before August 10, 2015.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
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SUMMARY:
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I. Abstract
Title III, Subtitle B, Section 321
through Section 328 of the United
States-Colombia Trade Promotion
Agreement Implementation Act (the
‘‘Act’’) [Pub. L. 112–42] implements the
textile and apparel safeguard provisions,
provided for in Article 3.1 of the United
States-Colombia Trade Promotion
Agreement (the ‘‘Agreement’’). This
safeguard mechanism applies when, as
a result of the elimination of a customs
duty under the Agreement, a Colombian
textile or apparel article is being
imported into the United States in such
increased quantities, in absolute terms
or relative to the domestic market for
that article, and under such conditions
as to cause serious damage or actual
threat thereof to a U.S. industry
producing a like or directly competitive
article. In these circumstances, Article
3.1 permits the United States to increase
duties on the imported article from
Colombia to a level that does not exceed
the lesser of the prevailing U.S. normal
trade relations (NTR)/most-favorednation (MFN) duty rate for the article or
the U.S. NTR/MFN duty rate in effect on
the day before the Agreement entered
into force.
The Statement of Administrative
Action accompanying the Act provides
that the Committee for the
Implementation of Textile Agreements
(CITA) will issue procedures for
requesting such safeguard measures, for
making its determinations under
Section 322(a) of the Act, and for
providing relief under section 322(b) of
the Act.
In Proclamation No. 8818 (77 FR
29519, May 18, 2012), the President
delegated to CITA his authority under
Subtitle B of Title III of the Act with
respect to textile and apparel safeguard
measures.
CITA must collect information in
order to determine whether a domestic
textile or apparel industry is being
adversely impacted by imports of these
products from Colombia, thereby
allowing CITA to take corrective action
to protect the viability of the domestic
textile industry, subject to section
322(b) of the Act.
Pursuant to Section 321(a) of the Act
and Section (9) of Presidential
Proclamation 8818, an interested party
in the U.S. domestic textile and apparel
industry may file a request for a textile
and apparel safeguard action with CITA.
Consistent with longstanding CITA
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practice in considering textile safeguard
actions, CITA will consider an
interested party to be an entity (which
may be a trade association, firm,
certified or recognized union, or group
of workers) that is representative of
either: (A) A domestic producer or
producers of an article that is like or
directly competitive with the subject
Colombian textile or apparel article; or
(B) a domestic producer or producers of
a component used in the production of
an article that is like or directly
competitive with the subject Colombian
textile or apparel article.
In order for a request to be
considered, the requester must provide
the following information in support of
a claim that a textile or apparel article
from Colombia is being imported into
the United States in such increased
quantities, in absolute terms or relative
to the domestic market for that article,
and under such conditions as to cause
serious damage or actual threat thereof,
to a U.S. industry producing an article
that is like, or directly competitive with,
the imported article: (1) Name and
description of the imported article
concerned; (2) import data
demonstrating that imports of a
Colombian origin textile or apparel
article that are like or directly
competitive with the articles produced
by the domestic industry concerned are
increasing in absolute terms or relative
to the domestic market for that article;
(3) U.S. domestic production of the like
or directly competitive articles of U.S.
origin indicating the nature and extent
of the serious damage or actual threat
thereof, along with an affirmation that to
the best of the requester’s knowledge,
the data represent substantially all of
the domestic production of the like or
directly competitive article(s) of U.S.
origin; (4) imports from Colombia as a
percentage of the domestic market of the
like or directly competitive article; and
(5) all data available to the requester
showing changes in productivity,
utilization of capacity, inventories,
exports, wages, employment, domestic
prices, profits, and investment, and any
other information, relating to the
existence of serious damage or actual
threat thereof caused by imports from
Colombia to the industry producing the
like or directly competitive article that
is the subject of the request. To the
extent that such information is not
available, the requester should provide
best estimates and the basis therefore.
If CITA determines that the request
provides the information necessary for it
to be considered, CITA will publish a
notice in the Federal Register seeking
public comments regarding the request.
The comment period shall be 30
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Agencies
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33241-33243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14349]
=======================================================================
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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 and Final Determination of No Shipments; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 5, 2014, the Department of Commerce (the
``Department'') published its Preliminary Results in the 2012-2013
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, 2012,
through October 31, 2013. This review covers four companies: Shaoxing
Xiangyu Green Packing Co. Ltd. (``Green Packing'') and Tianjin Wanhua
Co., Ltd. (``Wanhua''), which were subject to individual examination,
as well as Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films'') and
Sichuan Dongfang Insulating Material Co., Ltd., (``Dongfang'').\2\
Based on our analysis of the comments received, we made certain changes
to our margin calculations for Wanhua. The final dumping margins for
this review are listed in the ``Final Results'' section below.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review, Preliminary Determination of No
Shipments and Partial Rescission of Review; 2012-2013, 79 FR 72166
(December 5, 2014) (Preliminary Results), and accompanying
Preliminary Decision Memorandum. The Department notes that Fuwei
Films and Dongfang had no reviewable entries.
\2\ The review of Huangshi Yucheng Trade Co., Ltd. was
rescinded. See Preliminary Results.
---------------------------------------------------------------------------
DATES: Effective Date: June 11, 2015.
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 5, 2014, the Department published its Preliminary
Results in this review. We received case briefs from Mitsubishi
Polyester Film, Inc. and SKC, Inc. (collectively ``Petitioners''),
Green Packing, and Wanhua on January 14, 2015.\3\ On January 26, 2015,
Petitioners and Wanhua submitted rebuttal briefs.\4\ On March 23, 2015,
Green Packing and Wanhua resubmitted case briefs and Petitioners
resubmitted its rebuttal brief \5\ to redact certain untimely new
factual information.
---------------------------------------------------------------------------
\3\ See Letter from Petitioners to the Secretary of Commerce,
``Polyethylene Terephthalate Film, Sheet, and Strip from the
People's Republic of China: Petitioners' Case Brief,'' dated January
14, 2015. Also, on January 14, 2015, the Department received a
letter in lieu of a case brief from Terphane, Inc., in which
Terphane, Inc. states that it supports the Department preliminary
results and arguments made by Petitioners in Petitioners' case
brief. See Wanhua's and Green Packing's resubmitted case briefs
dated March 23, 2015.
\4\ See Letter from Wanhua to the Secretary of Commerce,
``Polyethylene Terephthalate (PET) Film from the People's Republic
of China; A-570-924; Rebuttal Brief,'' dated January 26, 2015
(``Wanhua Rebuttal Brief''). Also, on January 26, 2015, the
Department received a letter in lieu of a rebuttal brief from
Terphane, Inc., in which Terphane, Inc. states that it supports all
arguments made by Petitioners in Petitioners' case brief. See
Petitioners resubmitted rebuttal brief dated March 23, 2015.
\5\ See Letter from Green Packing to the Secretary of Commerce
``Polyethylene Terephthalate (PET) Film from China,'' dated March
23, 2015; see also letter from Wanhua to the Secretary of Commerce,
``Polyethylene Terephthalate (PET) Film from the People's Republic
of China; A-570-924; Resubmission of Case Brief,'' dated March 23,
2015; see also letter from Petitioners to the Secretary of Commerce,
``Polyethylene Terephthalate Film, Sheet, and Strip from the
People's Republic of China: Resubmission of Petitioners' Rebuttal
Brief,'' dated March 23, 2015.
---------------------------------------------------------------------------
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''). 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 Memorandum to
Ronald K. Lorentzen, Acting 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 2012-2013 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
[[Page 33242]]
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 (``ACCESS'').
ACCESS is available to registered users at https://access.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 Wanhua. Specifically, we corrected two errors
in our calculations by deducting marine insurance expenses \6\ and
value added taxes \7\ from Wanhua's U.S. sales prices, both of which we
inadvertently failed to deduct in the Preliminary Results.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at Comment 6.
\7\ See Memorandum from Jonathan Hill, International Trade
Compliance Analyst to Howard Smith, Program Manager, AD/CVD
Operation, Office IV ``Analysis for the Final Results of the 2012-
2013 Administrative Review of the Antidumping Duty Order on
Polyethylene Terephthalate Film, Sheet and Strip from the People's
Republic of China: Tianjin Wanhua Co., Ltd.,'' dated concurrently
with this notice.
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Final Determination of No Shipments
For these final results, the Department continues \8\ to find that
Fuwei Films and Dongfang did not have any reviewable entries during the
POR.\9\
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\8\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at ``Preliminary Determination of No
Shipments.''
\9\ See Issues and Decision Memorandum at Comment 1.
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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)
------------------------------------------------------------------------
Shaoxing Xiangyu Green Packing Co. Ltd.................. 35.10
Tianjin Wanhua Co., Ltd................................. 72.15
------------------------------------------------------------------------
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 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.\10\ 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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\10\ 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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For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate (i.e., 76.72 percent).\11\ Additionally, 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 will be liquidated at the PRC-wide rate.
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 of
this notice in the Federal Register, as provided by section
751(a)(2)(C) of 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 to a separate rate, the cash deposit rate will be the rate
previously established for the PRC-wide entity; 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 for these final
results of review within five days of the date of publication of this
notice in the Federal Register 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 Secretary's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double 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 these results of administrative review and
publishing
[[Page 33243]]
notice in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Scope of the Order
Discussion of the Issues
I. General Issues
Comment 1: Respondent Selection
Comment 2: Surrogate Country Selection
A. Whether South Africa is a Significant Producer of Comparable
Merchandise
B. Quality of the Indonesian and South African Surrogate Value
Data
C. Surrogate Financial Statements
Comment 3: SV for Paper Core
II. Company-Specific Issues
Comment 4: Treatment of Green Packing's Reintroduced PET By-
Product
Comment 5: Value-Added Tax (``VAT'') Adjustment to Wanhua's U.S.
Sales Price
Comment 6: Deduction of Marine Insurance from Wanhua's U.S.
Sales Prices
Recommendation
[FR Doc. 2015-14349 Filed 6-10-15; 8:45 am]
BILLING CODE 3510-DS-P