Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2013-2014, 21314-21315 [2016-08234]

Download as PDF 21314 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for the reviewed companies will be the rates established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will be 7.30 percent.11 These deposit requirements, when imposed, shall remain in effect until further notice. Notifications to Importers This notice serves as a preliminary 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 doubled antidumping duties. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 6, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. mstockstill on DSK4VPTVN1PROD with NOTICES List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Discussion of the Methodology 1. Selection of Respondents 2. No Shipment Claims by Schwermetall, ThyssenKrupp, and Wieland 3. Use of Facts Otherwise Available a. Use of Facts Available b. Application of Facts Available With an Adverse Inference c. Selection and Corroboration of Information Used As Facts Available VerDate Sep<11>2014 18:37 Apr 08, 2016 Jkt 238001 [FR Doc. 2016–08231 Filed 4–8–16; 8:45 am] BILLING CODE 3510–DS–P 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; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 1, 2015, 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 (UAE).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 weightedaverage dumping margin is listed below in the section titled ‘‘Final Results of Review.’’ DATES: Effective Date: April 11, 2016 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: AGENCY: Background Appendix 11 See Preliminary Decision Memorandum for additional details. 4. Rate for Companies Not Selected for Individual Examination E. Recommendation On December 1, 2015, the Department published the Preliminary Results. On January 11, 2016, the Department received timely-filed case briefs from JBF and DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc., (collectively, Petitioners).2 1 See Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2013–2014, 80 FR 75052 (December 1, 2015) (Preliminary Results). 2 See ‘‘Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A– 520–803); Case Brief of JBF RAK, LLC’’ dated January 11, 2016 and ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and Strip from the United Arab Emirates: Petitioners’ Case Brief’’ dated January 11, 2016. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 On January 19, 2016, JBF and Petitioners timely filed rebuttal briefs.3 Period of Review The period of review is November 1, 2013 through October 31, 2014. 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 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 B–8024. In addition, a complete version of the Decision Memorandum is also 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 19, 2016 and Polyethylene Terephthalate (PET) Film, Sheet, and Strip from the United Arab Emirates: Petitioners’ Rebuttal Brief’’ dated January 19, 2016. E:\FR\FM\11APN1.SGM 11APN1 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 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. will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. 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 Final Results of Review Results of Review;’’ (2) for merchandise exported by producers or exporters not As a result of this review, we covered in this review but covered in a determine that the following weightedpreviously completed segment of this average dumping margins exist for the proceeding, the cash deposit rate will period of November 1, 2013, through continue to be the company-specific rate October 31, 2014: published in the final results for the Weighted-Average Dumping most recent period in which that Producer or Margin producer or exporter participated; (3) if Exporter (percent ad valorem) the exporter is not a firm covered in this review or in any previous segment of JBF RAK LLC .......... 4.44 this proceeding, but the producer is, then the cash deposit rate will be that established for the producer of the Disclosure merchandise in these final results of We will disclose to interested parties review or in the final results for the the calculations performed in most recent period in which that connection with these final results producer participated; and (4) if neither within five days of the publication of the exporter nor the producer is a firm this notice, consistent with 19 CFR covered in this review or in any 351.224(b). previously completed segment of this Assessment Rates proceeding, then the cash deposit rate will be 4.05 percent, the all-others rate The Department shall determine, and established in the less than fair value U.S. Customs and Border Protection investigation.8 These cash deposit (CBP) shall assess, antidumping duties requirements, when imposed, shall on all appropriate entries of subject remain in effect until further notice. merchandise in accordance with the final results of this review.6 The Notification Regarding Administrative Department intends to issue appropriate Protective Orders assessment instructions directly to CBP 15 days after the date of publication of This notice is the only reminder to these final results of review. parties subject to the administrative For assessment purposes we protective order (APO) of their calculated importer-specific, ad valorem responsibility concerning the return or assessment rates based on the ratio of destruction of proprietary information the total amount of dumping calculated disclosed under the APO in accordance for the examined sales to the total with 19 CFR 351.305(a)(3), which entered value of those same sales.7 We continues to govern business proprietary information in this segment 4 See Decision Memorandum at Comment 3. of the proceeding. Timely written 5 See Memorandum to Mark Hoadley, ‘‘Final notification of the return or destruction Analysis Memorandum for JBF RAK LLC 2013– of APO materials, or conversion to 2014,’’ April 04, 2016. judicial protective order, is hereby 6 The Department applied the assessment rate calculation method adopted in Antidumping requested. Failure to comply with the Proceedings: Calculation of the Weighted-Average regulations and the terms of an APO is Dumping Margin and Assessment Rate in Certain a sanctionable violation. Antidumping Proceedings: Final Modification, 77 mstockstill on DSK4VPTVN1PROD with NOTICES Changes Since the Preliminary Results Based on our analysis of the comments received, we made adjustments to our margin calculations for JBF for international movement expenses, and errors in the conversion of certain invoice dates.4 As a result of these adjustments, the Department is now applying the average-to-average comparison methodology for the final results.5 A complete discussion of these adjustments and changes can be found in the Decision Memorandum. FR 8101 (February 14, 2012). 7 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 18:37 Apr 08, 2016 8 Id. Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 21315 Notification to Importers This notice 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled 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 4, 2016. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix Issues in the Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1: Explanation of Alternative Comparison Methodology Comment 2: Alleged SAS Programming Errors IV. Recommendation [FR Doc. 2016–08234 Filed 4–8–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Procedures for Importation of Supplies for Use in Emergency Relief Work International Trade Administration, 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 June 10, 2016. 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). SUMMARY: E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21314-21315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08234]


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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; 
2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 1, 2015, 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 (UAE).\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.''
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 75052 (December 1, 2015) 
(Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: April 11, 2016

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 1, 2015, the Department published the Preliminary 
Results. On January 11, 2016, the Department received timely-filed case 
briefs from JBF and DuPont Teijin Films, Mitsubishi Polyester Film, 
Inc., and SKC, Inc., (collectively, Petitioners).\2\ On January 19, 
2016, JBF and Petitioners timely filed rebuttal briefs.\3\
---------------------------------------------------------------------------

    \2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip 
from the United Arab Emirates (A-520-803); Case Brief of JBF RAK, 
LLC'' dated January 11, 2016 and ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from the United Arab Emirates: Petitioners' 
Case Brief'' dated January 11, 2016.
    \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 19, 2016 and Polyethylene Terephthalate 
(PET) Film, Sheet, and Strip from the United Arab Emirates: 
Petitioners' Rebuttal Brief'' dated January 19, 2016.
---------------------------------------------------------------------------

Period of Review

    The period of review is November 1, 2013 through October 31, 2014.

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 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 B-8024. In addition, a complete version of the 
Decision Memorandum is also

[[Page 21315]]

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 for international movement expenses, 
and errors in the conversion of certain invoice dates.\4\ As a result 
of these adjustments, the Department is now applying the average-to-
average comparison methodology for the final results.\5\ A complete 
discussion of these adjustments and changes can be found in the 
Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Decision Memorandum at Comment 3.
    \5\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum 
for JBF RAK LLC 2013-2014,'' April 04, 2016.
---------------------------------------------------------------------------

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, 
2013, through October 31, 2014:

------------------------------------------------------------------------
                                              Weighted-Average Dumping
           Producer or Exporter              Margin (percent ad valorem)
------------------------------------------------------------------------
JBF RAK LLC...............................                          4.44
------------------------------------------------------------------------

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.\6\ The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
these final results of review.
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

    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.\7\ We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

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.\8\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

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 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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 4, 2016.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Issues in the Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Explanation of Alternative Comparison Methodology
    Comment 2: Alleged SAS Programming Errors
IV. Recommendation
[FR Doc. 2016-08234 Filed 4-8-16; 8:45 am]
BILLING CODE 3510-DS-P

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