Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015, 89055-89056 [2016-29568]

Download as PDF Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices administrative review in accordance with section 751(a)(2) of the Act. DEPARTMENT OF COMMERCE International Trade Administration Scope of the Order [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; 2014– 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 12, 2016, 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). See Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014–2015, 81 FR 53441 (August 12, 2016) (Preliminary Results). This review covers Nan Ya Plastics Corporation (Nan Ya) and Shinkong Materials Technology Corporation (SMTC). We invited interested parties to comment on the Preliminary Result and 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 prices less than normal value during the period of review (POR). We continue to find that SMTC had no shipments of subject merchandise during the POR. DATES: Effective December 9, 2016. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: mstockstill on DSK3G9T082PROD with NOTICES Background On August 12, 2016, the Department published the Preliminary Results.1 The POR is July 1, 2014, through June 30, 2015. 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 1 See Preliminary Results. VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 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 on the record of this segment of the proceeding. 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. Further, we continue to find that SMTC had no shipments of subject merchandise during the POR. 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, 2014, through June 30, 2015, for Nan Ya is zero percent. 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 subject merchandise, and, therefore, no reviewable transactions, during the 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 August 5, 2016 (Preliminary Decision Memorandum), which can be accessed directly at https://enforcement.trade.gov/frn/ index.html. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 89055 POR.3 For a full discussion of this determination, see the Preliminary Decision Memorandum, which is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).4 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 Preliminary 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. 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 calculated a zero margin in the final results of this review for Nan Ya, in accordance with 19 CFR 351.212 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 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 zero percent, 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 3 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))). 4 See Preliminary Decision Memorandum at 3. E:\FR\FM\09DEN1.SGM 09DEN1 89056 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices a firm covered in this or any previous review or in the original less-than-fairvalue (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.5 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 mstockstill on DSK3G9T082PROD with NOTICES 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: December 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–29568 Filed 12–8–16; 8:45 am] BILLING CODE 3510–DS–P 5 See PET Film from Taiwan Amended Final Determination, 67 FR at 44175, unchanged in Correction Notice, 67 FR at 46566. VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [C–533–825] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 3, 2016, the Department published the preliminary results of the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India. This review covers two companies: Jindal Poly Films Limited (Jindal), and SRF Limited. The period of review (POR) is January 1, 2014, through December 31, 2014. Based on an analysis of the comments received, the Department has made changes to the subsidy rate determined for Jindal. The final subsidy rates are listed in the ‘‘Final Results of Administrative Review’’ section below. DATES: Effective December 9, 2016. FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0197. AGENCY: Scope of the Order For the purposes of the order, the products covered are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet and strip, whether extruded or coextruded. 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 of more than 0.00001 inches thick. Imports of PET film are 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 order is dispositive. Analysis of Comments Received The issues raised by Petitioners 1 and Jindal in their case briefs are addressed in the Issues and Decision Memorandum.2 Neither party submitted 1 DuPont Teijin Films, Inc., Mitsubishi Polyester Film, Inc. and SKC, Inc. (collectively, Petitioners). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 rebuttal briefs. The issues are identified in the 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 B8024 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://trade.gov/ enforcement/frn/. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results The Department published the preliminary results of this administrative review of PET film from India on August 3, 2016.3 Based on the comments received from Petitioners, in these final results, we corrected a ministerial error made in the context of our analysis of the Export Promotion Capital Goods Scheme (EPCGS).4 Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a description of the methodology underlying all of the Department’s conclusions, see the Issues and Decision Memorandum. Compliance, ‘‘Issues and Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India; 2013,’’ dated concurrently with this notice and herein incorporated by reference (Issues and Decision Memorandum). 3 See Polyethylene Terephthalate Film, Sheet and Strip From India: Preliminary Results And Partial Rescission of Countervailing Duty Administrative Review; 2014, 81 FR 51186 (August 3, 2016) (Preliminary Results 2014). 4 For a discussion of these issues, see the Issues and Decision Memorandum, and Memorandum to the File from Elfi Blum, International Trade Compliance Analyst, titled ‘‘Final Results of 2014 Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India—Jindal Polyfilms Limited,’’ each dated concurrently with these final results. 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89055-89056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29568]



[[Page 89055]]

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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; 2014-2015

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

SUMMARY: On August 12, 2016, 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). 
See Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2014-2015, 81 FR 53441 
(August 12, 2016) (Preliminary Results). This review covers Nan Ya 
Plastics Corporation (Nan Ya) and Shinkong Materials Technology 
Corporation (SMTC). We invited interested parties to comment on the 
Preliminary Result and 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 prices less than normal 
value during the period of review (POR). We continue to find that SMTC 
had no shipments of subject merchandise during the POR.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION: 

Background

    On August 12, 2016, the Department published the Preliminary 
Results.\1\ The POR is July 1, 2014, through June 30, 2015. 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.
---------------------------------------------------------------------------

    \1\ See Preliminary Results.
---------------------------------------------------------------------------

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 on the record of this segment of the proceeding. 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. Further, we continue to find that SMTC had no shipments of 
subject merchandise during the POR. 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, 2014, through June 30, 
2015, for Nan Ya is zero percent.
---------------------------------------------------------------------------

    \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 August 5, 2016 (Preliminary Decision Memorandum), which can be 
accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------

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 subject merchandise, and, therefore, no reviewable 
transactions, during the POR.\3\ For a full discussion of this 
determination, see the Preliminary Decision Memorandum, which is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\4\ 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 Preliminary 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.
---------------------------------------------------------------------------

    \3\ 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))).
    \4\ See Preliminary Decision Memorandum at 3.
---------------------------------------------------------------------------

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 
calculated a zero margin in the final results of this review for Nan 
Ya, in accordance with 19 CFR 351.212 we will instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties.

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 zero percent, 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

[[Page 89056]]

a firm covered in this or any previous review or in the original less-
than-fair-value (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.\5\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \5\ 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: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-29568 Filed 12-8-16; 8:45 am]
 BILLING CODE 3510-DS-P

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