Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 53441-53443 [2016-19136]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
Unless specifically excluded, products are
included in this scope regardless of levels of
boron and titanium.
For example, specifically included in this
scope are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (IF))
steels, high strength low alloy (HSLA) steels,
the substrate for motor lamination steels,
Advanced High Strength Steels (AHSS), and
Ultra High Strength Steels (UHSS). IF steels
are recognized as low carbon steels with
micro-alloying levels of elements such as
titanium and/or niobium added to stabilize
carbon and nitrogen elements. HSLA steels
are recognized as steels with micro-alloying
levels of elements such as chromium, copper,
niobium, titanium, vanadium, and
molybdenum. The substrate for motor
lamination steels contains micro-alloying
levels of elements such as silicon and
aluminum. AHSS and UHSS are considered
high tensile strength and high elongation
steels, although AHSS and UHSS are covered
whether or not they are high tensile strength
or high elongation steels.
Subject merchandise includes hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigations if performed in the country of
manufacture of the hot-rolled steel.
All products that meet the written physical
description, and in which the chemistry
quantities do not exceed any one of the noted
element levels listed above, are within the
scope of these investigations unless
specifically excluded. The following
products are outside of and/or specifically
excluded from the scope of this investigation:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 7
• Ball bearing steels; 8
7 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
8 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
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18:42 Aug 11, 2016
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• Tool steels; 9 and
• Silico-manganese steels; 10
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers:
7208.10.1500, 7208.10.3000, 7208.10.6000,
7208.25.3000, 7208.25.6000, 7208.26.0030,
7208.26.0060, 7208.27.0030, 7208.27.0060,
7208.36.0030, 7208.36.0060, 7208.37.0030,
7208.37.0060, 7208.38.0015, 7208.38.0030,
7208.38.0090, 7208.39.0015, 7208.39.0030,
7208.39.0090, 7208.40.6030, 7208.40.6060,
7208.53.0000, 7208.54.0000, 7208.90.0000,
7210.70.3000, 7211.14.0030, 7211.14.0090,
7211.19.1500, 7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000, 7211.19.7530,
7211.19.7560, 7211.19.7590, 7225.11.0000,
7225.19.0000, 7225.30.3050, 7225.30.7000,
7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000,
7226.19.9000, 7226.91.5000, 7226.91.7000,
and 7226.91.8000. The products subject to
the investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–19377 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
9 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
10 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
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53441
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2014–2015
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from Taiwan. The
period of review (POR) is July 1, 2014,
through June 30, 2015. This review
covers respondents Nan Ya Plastics
Corporation (Nan Ya) and Shinkong
Materials Technology Corporation
(SMTC), producers and exporters of PET
Film from Taiwan. The Department
preliminarily determines that sales of
subject merchandise have not been
made below normal value (NV) by Nan
Ya, and that SMTC had no shipments
during the POR. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith at (202) 482–
5255; 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is PET Film. The PET Film subject to
the order is currently classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States.1 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
1 A full description of the scope of the order is
contained in the memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments:
Polyethylene Terephthalate Film, Sheet, and Strip
from Taiwan; 2014–2015’’ (Preliminary Decision
Memorandum), which is hereby adopted by this
notice.
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53442
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit in
room B8024 of the main Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Internet
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Decision Memorandum
are identical in content.
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information and information provided
by SMTC,2 we preliminarily determine
that SMTC had no shipments of the
subject merchandise, and, therefore, no
reviewable transactions, during the
POR.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margin for
the period July 1, 2014, through June 30,
2015.
preliminary results within five days of
the date of publication of this notice.3
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.4 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.5 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.6 Case and
rebuttal briefs should be filed using
ACCESS.7 In order to be properly filed,
ACCESS must successfully receive an
electronically-filed document in its
entirety by 5 p.m. Eastern Time.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS, within 30
days after the date of publication of this
notice.8 Requests 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. Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
Unless extended, the Department
intends to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon completion of the
Manufacturer/exporter
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
Nan Ya Plastics Corporation
0.00 entries in accordance with 19 CFR
351.212(b)(1). If Nan Ya’s weightedaverage dumping margin is not zero or
Disclosure and Public Comment
The Department intends to disclose to de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
interested parties the calculations
will calculate importer-specific
performed in connection with these
assessment rates on the basis of the ratio
of the total amount of dumping
2 In the Preliminary Results for the 2008–2009
calculated for the importer’s examined
antidumping duty administrative review, we
determined that for the purposes of calculating an
sales and the total entered value of the
antidumping margin, SMTC, and its parent
sales in accordance with 19 CFR
company Shinkong Synthetic Fibers Corporation
351.212(b)(1). We will instruct CBP to
(SSFC), should be treated as a single entity. See
assess antidumping duties on all
Polyethylene Terephthalate Film, Sheet and Strip
mstockstill on DSK3G9T082PROD with NOTICES
Weightedaverage
dumping
margin
(percent)
from Taiwan: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 49902 (August
16, 2010), (unchanged in the Final Results for the
2008–2009 antidumping duty administrative review
(Polyethylene Terephthalate Film, Sheet and Strip
from Taiwan: Final Results of Antidumping Duty
Administrative Review, 76 FR 9745 (February 22,
2011))).
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
3 See
19 CFR 351.224(b).
19 CFR 351.309(c)(ii).
5 See 19 CFR 351.309(d).
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 See 19 CFR 351.303.
8 See 19 CFR 351.310(c).
4 See
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appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where 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.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Consistent with the Department’s
‘‘automatic assessment’’ regulation for
entries this clarification will apply to
entries of subject merchandise during
the POR produced by Nan Ya for which
it did not know that its merchandise
was destined for the United States.9
Furthermore, this clarification applies to
all POR entries entered under the case
number for SMTC if we continue to
make a final determination of no
shipments of subject merchandise
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, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate of 2.40
percent 10 if there is no rate for the
intermediary company(ies) involved in
the transaction.11
We intend to issue instructions to
CBP 15 days after the date of
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET Film from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the company
under review will be the rate
established in the final results of this
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties,68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
See also Brass Sheet and Strip From Germany:
Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2013–2014, 80 FR 61369 (October 13, 2015).
10 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. (July 1, 2002), as
amended in 67 FR 46566 (July 15, 2002) (PET Film
from Taiwan Amended Final Determination).
11 For a full discussion of this clarification, see
Assessment Policy Notice.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
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
review, a prior review, or the less-thanfair-value 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) the cash
deposit rate for all other manufacturers
or exporters is 2.40 percent.12 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice also 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 double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Finding of No Shipments for
SMTC
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
BILLING CODE 3510–DS–P
12 See PET Film from Taiwan Amended Final
Determination.
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
National Oceanic and Atmospheric
Administration
RIN 0648–XE451
Takes of Marine Mammals Incidental to
Specified Activities; Marine
Geophysical Survey in the Southeast
Pacific Ocean, 2016–2017
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Lamont-Doherty Earth Observatory
(Lamont-Doherty) in collaboration with
the National Science Foundation (NSF),
to incidentally take, by level B
harassment, 44 species of marine
mammals, and to incidentally take, by
Level A harassment, 26 species of
marine mammals, during three marine
geophysical (seismic) surveys in the
southeast Pacific Ocean.
DATES: This Authorization is effective
from August 1, 2016, through July 31,
2017.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jordan Carduner, NMFS, Office of
Protected Resources, NMFS (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
[FR Doc. 2016–19136 Filed 8–11–16; 8:45 am]
DEPARTMENT OF COMMERCE
Section 101(a)(5)(D) of the Marine
Mammal Protection Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et
seq.) directs the Secretary of Commerce
to allow, upon request, the incidental,
but not intentional, taking of small
numbers of marine mammals of a
species or population stock, by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region
if, after NMFS provides a notice of a
proposed authorization to the public for
review and comment: (1) NMFS makes
certain findings; and (2) the taking is
limited to harassment.
An Authorization shall be granted for
the incidental taking of small numbers
of marine mammals if NMFS finds that
the taking will have a negligible impact
on the species or stock(s), and will not
have an unmitigable adverse impact on
the availability of the species or stock(s)
for subsistence uses (where relevant).
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53443
The Authorization must also set forth
the permissible methods of taking; other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat (i.e., mitigation); and
requirements pertaining to the
monitoring and reporting of such taking.
NMFS has defined ‘‘negligible impact’’
in 50 CFR 216.103 as ‘‘an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment].
Summary of Request
On January 19, 2016, NMFS received
an application from Lamont-Doherty
requesting that NMFS issue an
Authorization for the take of marine
mammals, incidental to Oregon State
University (OSU) and University of
Texas (UT) conducting seismic surveys
in the southeast Pacific Ocean, in the
latter half of 2016 and/or the first half
of 2017. NMFS considered the
application and supporting materials
adequate and complete on March 21,
2016.
Lamont-Doherty plans to conduct
three two-dimensional (2-D) surveys on
the R/V Marcus G. Langseth (Langseth),
a vessel owned by NSF and operated on
its behalf by Columbia University’s
Lamont-Doherty Earth Observatory
primarily in international waters of the
southeast Pacific Ocean, with a small
portion of the surveys occurring within
the territorial waters of Chile, which
extend to nautical 12 miles (mi) (19.3
kilometers (km)) from the coast. NMFS
cannot authorize the incidental take of
marine mammals in the territorial seas
of foreign nations, as the MMPA does
not apply in those waters. However, as
part of the analysis supporting our
determination under the MMPA that the
activity would have a negligible impact
on the affected species, we must
consider the level of incidental take as
a result of the activity in the entire
activity area (including both territorial
seas and high seas).
Increased underwater sound
generated during the operation of the
E:\FR\FM\12AUN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53441-53443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19136]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period
of review (POR) is July 1, 2014, through June 30, 2015. This review
covers respondents Nan Ya Plastics Corporation (Nan Ya) and Shinkong
Materials Technology Corporation (SMTC), producers and exporters of PET
Film from Taiwan. The Department preliminarily determines that sales of
subject merchandise have not been made below normal value (NV) by Nan
Ya, and that SMTC had no shipments during the POR. Interested parties
are invited to comment on these preliminary results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255; 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.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is PET Film. The PET Film
subject to the order is currently classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United
States.\1\ The Preliminary Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty
[[Page 53442]]
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit in room B8024 of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ A full description of the scope of the order is contained in
the memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments: Polyethylene Terephthalate Film, Sheet, and Strip
from Taiwan; 2014-2015'' (Preliminary Decision Memorandum), which is
hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by SMTC,\2\ we preliminarily
determine that SMTC had no shipments of the subject merchandise, and,
therefore, no reviewable transactions, during the POR.
---------------------------------------------------------------------------
\2\ In the Preliminary Results for the 2008-2009 antidumping
duty administrative review, we determined that for the purposes of
calculating an antidumping margin, SMTC, and its parent company
Shinkong Synthetic Fibers Corporation (SSFC), should be treated as a
single entity. See Polyethylene Terephthalate Film, Sheet and Strip
from Taiwan: Preliminary Results of Antidumping Duty Administrative
Review, 75 FR 49902 (August 16, 2010), (unchanged in the Final
Results for the 2008-2009 antidumping duty administrative review
(Polyethylene Terephthalate Film, Sheet and Strip from Taiwan: Final
Results of Antidumping Duty Administrative Review, 76 FR 9745
(February 22, 2011))).
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for the period July 1, 2014,
through June 30, 2015.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation............................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\3\ Pursuant
to 19 CFR 351.309(c), interested parties may submit case briefs no
later than 30 days after the date of publication of this notice.\4\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than five days after the date for filing case
briefs.\5\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\6\ Case and rebuttal briefs should be filed using
ACCESS.\7\ In order to be properly filed, ACCESS must successfully
receive an electronically-filed document in its entirety by 5 p.m.
Eastern Time.
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\3\ See 19 CFR 351.224(b).
\4\ See 19 CFR 351.309(c)(ii).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 30 days after the
date of publication of this notice.\8\ Requests 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. Issues raised
in the hearing will be limited to those raised in the respective case
briefs.
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\8\ See 19 CFR 351.310(c).
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Unless extended, the Department intends to issue the final results
of this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). If Nan Ya's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total entered value of the sales in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where 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. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.
Consistent with the Department's ``automatic assessment''
regulation for entries this clarification will apply to entries of
subject merchandise during the POR produced by Nan Ya for which it did
not know that its merchandise was destined for the United States.\9\
Furthermore, this clarification applies to all POR entries entered
under the case number for SMTC if we continue to make a final
determination of no shipments of subject merchandise 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, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate of 2.40 percent \10\ if there is no rate for the intermediary
company(ies) involved in the transaction.\11\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003)
(Assessment Policy Notice). See also Brass Sheet and Strip From
Germany: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2013-2014, 80 FR 61369 (October
13, 2015).
\10\ 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. (July 1, 2002), as amended in 67 FR 46566 (July
15, 2002) (PET Film from Taiwan Amended Final Determination).
\11\ For a full discussion of this clarification, see Assessment
Policy Notice.
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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company
under review will be the rate established in the final results of this
[[Page 53443]]
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, 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 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 recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters is 2.40 percent.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See PET Film from Taiwan Amended Final Determination.
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Notification to Interested Parties
This notice also 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 double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting 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. Preliminary Finding of No Shipments for SMTC
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
[FR Doc. 2016-19136 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
