Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014, 75451-75452 [2015-30339]

Download as PDF 75451 Notices Federal Register Vol. 80, No. 231 Wednesday, December 2, 2015 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE International Trade Administration [A–583–837] Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 29, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).1 This review covers Nan Ya Plastics Corporation (Nan Ya) and Shinkong Materials Technology Corporation (SMTC). We invited interested parties to comment on the Preliminary Results. We received no comments or requests for a hearing. Therefore, for the final results, we continue to find that sales of subject merchandise by Nan Ya were not made at less than normal value during the period of review (POR). We continue to find that SMTC had no shipments during the POR. DATES: Effective Date: December 2, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution jstallworth on DSK7TPTVN1PROD with NOTICES AGENCY: Avenue NW., Washington, DC 20230; telephone: (202) 482–5255. Background On July 29, 2015, the Department published the Preliminary Results. The POR is July 1, 2013, through June 30, 2014. We invited interested parties to comment on the Preliminary Results. We received no comments or requests for a hearing from any party. The Department conducted this administrative review in accordance with section 751(a)(2) of the Act. Scope of the Order The products covered by the antidumping duty order are all gauges of raw, pretreated, or primed PET film, whether extruded or coextruded. Excluded are metalized 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 of more than 0.00001 inches thick. Imports of polyethylene terephthalate film, sheet, and strip are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the antidumping duty order is dispositive. Final Results of Review As noted above, the Department received no comments concerning the Preliminary Results. As there are no changes from, or comments upon, the Preliminary Results, the Department finds that there is no reason to modify its analysis and calculations. Thus, we continue to find that sales of subject merchandise by Nan Ya were not made at less than normal value during the POR. We continue to find that SMTC had no shipments during the POR. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details of the issues addressed in this proceeding, see the Preliminary Results and the accompanying Preliminary Decision Memorandum.2 The final weighted2 See 1 See Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013– 2014, 80 FR 45182 (July 29, 2015) (Preliminary Results). VerDate Sep<11>2014 13:24 Dec 01, 2015 Jkt 238001 ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2013–2014,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 average dumping margin for the period July 1, 2013, through June 30, 2014, for Nan Ya is as follows: Producer/Exporter Weightedaverage margin (percentage) Nan Ya Plastics Corporation ................................ 0.00 Final Determination of No Shipments Based on our analysis of U.S. Customs and Border Protection (CBP) information and information provided by SMTC and its affiliate Shinkong Synthetic Fibers Corporation (SSFC), we determine that SMTC had no shipments of the subject merchandise, and, therefore, no reviewable transactions, during the POR. For a full discussion of this determination, see the Preliminary Decision Memorandum. Assessment Rates The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). The Department intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. Because we have calculated a zero margin for Nan Ya in the final results of this review, in accordance with 19 CFR 351.212 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003 in its Assessment Policy Notice.3 This clarification applies to entries of subject merchandise during the POR produced and exported by Nan Ya for which it did not know that the merchandise was destined for the United States. Furthermore, this clarification applies to all POR entries entered under the case number for SMTC because it certified that it made no POR shipments of subject merchandise for which it had knowledge of the U.S. destination. In such instances, consistent with the Piquado, Assistant Secretary for Enforcement and Compliance, dated July 22, 2015 (Preliminary Decision Memorandum), which can be accessed directly at http://enforcement.trade.gov/frn/ index.html. 3 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). E:\FR\FM\02DEN1.SGM 02DEN1 75452 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices Assessment Policy Notice, we will instruct CBP to liquidate un-reviewed entries at the all-others rate established in the less-than fair-value (LTFV) investigation, 2.40 percent,4 if there is no rate for the intermediate company(ies) involved in the transaction.5 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 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) The cash deposit rate for Nan Ya will be 0.00%, the rate established in the final results of this review; (2) for previously reviewed or investigated companies not covered in this review, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this or any previous review or in the original LTFV investigation but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review or the investigation, the cash-deposit rate will continue to be the all-others rate of 2.40 percent, which is the allothers rate established by the Department in the LTFV investigation.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. jstallworth on DSK7TPTVN1PROD with NOTICES Reimbursement of Duties 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 4 See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan, 67 FR 44174, 44175 (July 1, 2002) (PET Film from Taiwan Amended Final Determination), unchanged in Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan, 67 FR 46566 (July 15, 2002) (Correction Notice). 5 See Assessment Policy Notice for a full discussion of this clarification. 6 See PET Film from Taiwan Amended Final Determination, 67 FR at 44175, unchanged in Correction Notice, 67 FR at 46566. VerDate Sep<11>2014 13:24 Dec 01, 2015 Jkt 238001 this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: November 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–30339 Filed 12–1–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Impact Evaluation of DataDriven Instruction Professional Development for Teachers Institute of Education Sciences, Department of Education. ACTION: Notice of a new system of records. AGENCY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled ‘‘Impact Evaluation of DataDriven Instruction Professional Development for Teachers’’ (#18–13– 39). The National Center for Education Evaluation and Regional Assistance at the Department’s Institute of Education Sciences (IES) awarded a contract in September 2012 to Mathematica Policy Research, Abt Associates, Synergy Enterprises, Evidence-Based Education Research & Evaluation, and Public Consulting Group Education—Focus on Results to provide evidence on the effectiveness of data-driven instruction professional development. SUMMARY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Submit your comments on this proposed new system of records on or before January 4, 2016. The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) on November 20, 2015. This system of records will become effective on the later date of: (1) The expiration of the 40-day period for OMB review on January 2, 2016, unless OMB waives 10 days of the 40–day review period for compelling reasons shown by the Department, or (2) January 4, 2016, unless the system of records needs to be changed as a result of public comment or OMB review. The Department will publish any changes to the system of records or routine uses that result from public comment or OMB review. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID and the term ‘‘Impact Evaluation of Data-Driven Instruction Professional Development for Teachers’’ at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘Are you new to the site.’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about these proposed priorities, requirements, definitions, and selection criterion address them to: Dr. Audrey Pendleton, Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208–0001. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, DATES: E:\FR\FM\02DEN1.SGM 02DEN1

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[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Notices]
[Pages 75451-75452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30339]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / 
Notices

[[Page 75451]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From 
Taiwan: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 29, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty (AD) order on polyethylene terephthalate film, sheet, 
and strip (PET Film) from Taiwan in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).\1\ This 
review covers Nan Ya Plastics Corporation (Nan Ya) and Shinkong 
Materials Technology Corporation (SMTC). We invited interested parties 
to comment on the Preliminary Results. We received no comments or 
requests for a hearing. Therefore, for the final results, we continue 
to find that sales of subject merchandise by Nan Ya were not made at 
less than normal value during the period of review (POR). We continue 
to find that SMTC had no shipments during the POR.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2013-2014, 80 
FR 45182 (July 29, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: December 2, 2015.

FOR FURTHER INFORMATION CONTACT: 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-
5255.

Background

    On July 29, 2015, the Department published the Preliminary Results. 
The POR is July 1, 2013, through June 30, 2014. We invited interested 
parties to comment on the Preliminary Results. We received no comments 
or requests for a hearing from any party. The Department conducted this 
administrative review in accordance with section 751(a)(2) of the Act.

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed PET film, whether extruded or coextruded. 
Excluded are metalized 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 of more than 0.00001 
inches thick. Imports of polyethylene terephthalate film, sheet, and 
strip are currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) under item number 3920.62.00.90. HTSUS 
subheadings are provided for convenience and customs purposes. The 
written description of the scope of the antidumping duty order is 
dispositive.

Final Results of Review

    As noted above, the Department received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, the Department finds that there is no reason 
to modify its analysis and calculations. Thus, we continue to find that 
sales of subject merchandise by Nan Ya were not made at less than 
normal value during the POR. We continue to find that SMTC had no 
shipments during the POR. Accordingly, no decision memorandum 
accompanies this Federal Register notice. For further details of the 
issues addressed in this proceeding, see the Preliminary Results and 
the accompanying Preliminary Decision Memorandum.\2\ The final 
weighted-average dumping margin for the period July 1, 2013, through 
June 30, 2014, for Nan Ya is as follows:
---------------------------------------------------------------------------

    \2\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments: Polyethylene Terephthalate Film, Sheet, and Strip 
from Taiwan; 2013-2014,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated July 22, 2015 (Preliminary Decision Memorandum), which can be 
accessed directly at http://enforcement.trade.gov/frn/index.html.

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/Exporter                          margin
                                                          (percentage)
------------------------------------------------------------------------
Nan Ya Plastics Corporation..........................              0.00
------------------------------------------------------------------------

Final Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by SMTC and its affiliate Shinkong 
Synthetic Fibers Corporation (SSFC), we determine that SMTC had no 
shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. For a full discussion of this 
determination, see the Preliminary Decision Memorandum.

Assessment Rates

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries in this review, in accordance with 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of these final results of review. Because we 
have calculated a zero margin for Nan Ya in the final results of this 
review, in accordance with 19 CFR 351.212 we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 in its Assessment Policy Notice.\3\ This clarification 
applies to entries of subject merchandise during the POR produced and 
exported by Nan Ya for which it did not know that the merchandise was 
destined for the United States. Furthermore, this clarification applies 
to all POR entries entered under the case number for SMTC because it 
certified that it made no POR shipments of subject merchandise for 
which it had knowledge of the U.S. destination. In such instances, 
consistent with the

[[Page 75452]]

Assessment Policy Notice, we will instruct CBP to liquidate un-reviewed 
entries at the all-others rate established in the less-than fair-value 
(LTFV) investigation, 2.40 percent,\4\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\5\
---------------------------------------------------------------------------

    \3\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \4\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan, 67 FR 44174, 44175 (July 1, 2002) (PET Film from Taiwan 
Amended Final Determination), unchanged in Notice of Amended Final 
Antidumping Duty Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and 
Strip (PET Film) from Taiwan, 67 FR 46566 (July 15, 2002) 
(Correction Notice).
    \5\ See Assessment Policy Notice for a full discussion of this 
clarification.
---------------------------------------------------------------------------

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 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) The cash deposit 
rate for Nan Ya will be 0.00%, the rate established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this or any 
previous review or in the original LTFV investigation but the 
manufacturer is, the cash-deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review or the investigation, the cash-deposit rate will 
continue to be the all-others rate of 2.40 percent, which is the all-
others rate established by the Department in the LTFV investigation.\6\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \6\ See PET Film from Taiwan Amended Final Determination, 67 FR 
at 44175, unchanged in Correction Notice, 67 FR at 46566.
---------------------------------------------------------------------------

Reimbursement of Duties

    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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: November 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-30339 Filed 12-1-15; 8:45 am]
 BILLING CODE 3510-DS-P