Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 56949-56951 [2017-25904]
Download as PDF
Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Rescission of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (PRC) for
the period March 1, 2016, through
February 28, 2017, based on the timely
withdrawal of the request for review.
DATES: Effective December 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Brian Davis, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3931 or (202) 482–7924,
respectively.
AGENCY:
Background
On March 6, 2017, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on glycine from
the PRC for the period March 1, 2016,
through February 28, 2017.1 On March
31, 2017, the Department received a
timely request, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), to conduct an
administrative review of this
antidumping duty order, with respect to
three companies, from GEO Specialty
Chemicals, Inc. (GEO), a domestic
producer of glycine. Based on this
request and in accordance with section
751(a) of the Act, the Department
published a notice of initiation of the
review in the Federal Register on May
9, 2017.2 On July 28, 2017, GEO filed a
timely withdrawal of its request for a
review for each of the three companies.3
sradovich on DSK3GMQ082PROD with NOTICES
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 12551
(March 6, 2017).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
21513 (May 9, 2017).
3 See Withdrawal of Request for Administrative
Review, dated July 28, 2017.
VerDate Sep<11>2014
16:44 Nov 30, 2017
Jkt 244001
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. As noted above,
GEO withdrew its request for review by
the 90-day deadline. Accordingly, we
are rescinding the administrative review
of the antidumping duty order on
glycine from the PRC covering the
period March 1, 2016, through February
28, 2017.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as a 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
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. 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.
This notice is issued and published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: November 27, 2017.
James Maeder,
Senior Director performing the duties of the
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–25912 Filed 11–30–17; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
56949
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–803]
Polyethylene Terephthalate Film,
Sheet, and Strip From the United Arab
Emirates: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
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 the United
Arab Emirates (UAE). The period of
review (POR) is November 1, 2015,
through October 31, 2016. The review
covers two producer/exporters of the
subject merchandise, JBF RAK LLC
(JBF) and UFlex Limited (UFlex). The
Department preliminarily determines
that sales of subject merchandise have
been made below normal value by JBF.
In addition, the Department
preliminarily finds that UFlex had no
shipments during the POR. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, 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) 482–4261.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is polyethylene terephthalate film. The
product is currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheading: 3920.62.00.90. Although
the HTSUS number is provided for
convenience and for customs purposes,
the written product description,
available in the Preliminary Decision
Memorandum, remains dispositive.1
Methodology
The Department is conducting this
review in accordance with section
1 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip from the United Arab
Emirates and Preliminary Determination of No
Shipments’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
E:\FR\FM\01DEN1.SGM
01DEN1
56950
Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices
751(a) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. Normal value 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, which is hereby
adopted by this notice.2 A list of topics
included in the Preliminary Decision
Memorandum is included as an
Appendix to this notice. The
Preliminary Decision Memorandum 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 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 Preliminary Decision
Memorandum and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Preliminary Determination of No
Shipments
On February 1, 2017, UFlex reported
that it made no shipments of subject
merchandise to the United States during
the POR.3 To confirm UFlex’s no
shipment claim, the Department issued
a no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting
that it review UFlex’s no shipment
claim.4 CBP did not report that it had
any information to contradict UFlex’s
claim of no shipments during the POR.
Given that UFlex certified that it
made no shipments of subject
merchandise to the United States during
the POR and there is no information
calling its claim into question, we
preliminarily determine that UFlex
made no shipments during the POR.
Consistent with the Department’s
practice, we will not rescind the review
with respect to UFlex but, rather, will
complete the review and issue
instructions to CBP based on the final
results.5
2 Id.
sradovich on DSK3GMQ082PROD with NOTICES
3 See
letter from FLEX Middle East FZE and
UFlex, ‘‘Polyethylene Terephthalate Film, Sheet,
and Strip from the United Arab Emirates: Notice of
No Sales,’’ dated February 1, 2017.
4 See No shipment inquiry for polyethylene
terephthalate film, sheet, and strip from the United
Arab Emirates produced and/or reported by UFlex
Limited (A–520–803), message number 7053303
(February 22, 2017).
5 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
VerDate Sep<11>2014
16:44 Nov 30, 2017
Jkt 244001
Preliminary Results of Review
As a result of our review, we
preliminarily determine the following
weighted-average dumping margin for
the period November 1, 2015, through
October 31, 2016:
Manufacturer/Exporter
Weightedaverage
margin
(percent)
JBF RAK LLC .............................
19.01
Disclosure and Public Comment
The Department intends to disclose
the calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties are invited to
comment on the preliminary results of
this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may not be
filed later than five days after the time
limit for filing case briefs.6 Parties who
submit case briefs or rebuttal briefs in
this review are requested to submit with
each brief: (1) A statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities.7 Executive
summaries should be limited to five
pages total, including footnotes.8
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, the Department
will notify interested parties of the
hearing schedule. 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. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case briefs.
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51306–51307 (August 28, 2014).
6 See 19 CFR 351.309(d)(1).
7 See 19 CFR 351.309(c)(2), (d)(2).
8 Id.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.9
Assessment Rates
Upon issuing the final results of the
review, the Department shall determine,
and CBP shall assess, antidumping
duties on all appropriate entries. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).10 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 either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
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.
In accordance with the Department’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by JBF for which it
did not know that its merchandise was
destined for the United States, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.11 In
addition, if the Department determines
that UFlex had no shipments of subject
merchandise, any suspended entries
9 See
section 751(a)(3)(A) of the Act.
these preliminary results, the Department
applied the assessment rate calculation
methodology 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).
11 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
10 In
E:\FR\FM\01DEN1.SGM
01DEN1
Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices
that entered under UFlex’s case number
will be liquidated at the all-others rate
if there is no rate for the intermediate
companies involved in the
transaction.12
Dated: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of the Deputy Assistant
Secretary, for Enforcement and Compliance.
Cash Deposit Requirements
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
The following deposit requirements
will be effective for all shipments of
PET Film from the UAE 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 companies
under review will be the rate
established in the final results of this
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 will continue to be 4.05
percent, the all-others rate established
in the investigation.13 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
sradovich on DSK3GMQ082PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
12 Id.
13 See Polyethylene Terephthalate Film, Sheet,
and Strip from Brazil, the People’s Republic of
China and the United Arab Emirates: Antidumping
Duty Orders and Amended Final Determination of
Sales at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595, 66597 (November 10, 2008).
VerDate Sep<11>2014
16:44 Nov 30, 2017
Jkt 244001
1. Summary
2. Background
3. Scope of the Order
4. Date of Sale
5. Discussion of Methodology
6. Product Comparisons
7. Export Price/Constructed Export Price
8. Normal Value
9. Currency Conversions
10. Conclusion
[FR Doc. 2017–25904 Filed 11–30–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–920]
Lightweight Thermal Paper From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on lightweight
thermal paper (LWTP) from the People’s
Republic of China (PRC). The period of
review (POR) is November 1, 2015,
through October 31, 2016. The review
covers three exporters of subject
merchandise: Shenzhen Formers
Printing Co., Ltd. (Formers), Sailing
International Limited (Sailing), and
Suzhou Xiandai Paper Production Co
(Xiandai). The Department preliminarily
finds that Formers, Sailing, and Xiandai
have not demonstrated eligibility for a
separate rate in this segment of the
proceeding, and therefore, for the
preliminary results, we are treating
Formers, Sailing, and Xiandai as part of
the PRC-wide entity. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable December 1, 2017.
FOR FURTHER INFORMATION CONTACT: Alex
Rosen, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–7814.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
56951
Background
On January 13, 2017, the Department
initiated the eighth administrative
review of the antidumping duty order
on LWTP from the PRC on three
exporters: Formers, Sailing, and
Xiandai.1 In the Initiation Notice, the
Department stated that all firms
identified in the notice that wished to
qualify for separate rate status in the
administrative review must complete
either a separate rate application or
certification, due to the Department no
later than 30 calendar days after the
publication of the notice, i.e., February
13, 2017.2 None of the respondents—
Formers, Sailing, and Xiandai—timely
submitted either a complete separate
rate application or separate rate
certification or a statement of ‘‘no
shipments’’ during the POR.
Nevertheless, per our practice, on March
16, 2017, the Department uploaded and
released onto the administrative record
of this proceeding an antidumping
questionnaire to each exporter, Formers,
Sailing, and Xiandai. However, due to
an inadvertent oversight, the
Department did not issue a physical
copy of the questionnaire to any
respondent, as is the Department’s
practice when foreign firms are not
represented by counsel in the United
States or representatives thereof have
not otherwise contacted the Department,
and thus, the Department was unable to
confirm whether parties received the
questionnaire. Therefore, on July 28,
2017, the Department reissued the
antidumping questionnaire to Formers,
Sailing and Xiandai, served physical
copies of the questionnaires on all the
respondents in accordance with its
standard practice, and extended the due
date of the questionnaire response.3 On
September 7, 2017, the Department
requested a U.S. Customs and Border
Protection (CBP) data file of entries of
subject merchandise associated with
Sailing, Formers or Xiandai during the
POR. On September 11, 2017, the
Department received a response to its
request indicating there were no
suspended AD/CVD entries associated
with Sailing, Formers or Xiandai during
the POR.4 For a complete description of
the events that followed the initiation of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 (January 13, 2017) (Initiation Notice).
2 Id. at 4295.
3 See Memorandum, ‘‘Due Date to Respond to the
Department’s Initial Questionnaire,’’ dated July 28,
2017.
4 See Memorandum, ‘‘U.S. Customs and Border
Protection Import Data,’’ dated September 11, 2017.
E:\FR\FM\01DEN1.SGM
01DEN1
Agencies
[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56949-56951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25904]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
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 the United Arab
Emirates (UAE). The period of review (POR) is November 1, 2015, through
October 31, 2016. The review covers two producer/exporters of the
subject merchandise, JBF RAK LLC (JBF) and UFlex Limited (UFlex). The
Department preliminarily determines that sales of subject merchandise
have been made below normal value by JBF. In addition, the Department
preliminarily finds that UFlex had no shipments during the POR.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 1, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is polyethylene terephthalate
film. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheading:
3920.62.00.90. Although the HTSUS number is provided for convenience
and for customs purposes, the written product description, available in
the Preliminary Decision Memorandum, remains dispositive.\1\
---------------------------------------------------------------------------
\1\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from the United Arab Emirates
and Preliminary Determination of No Shipments'' (Preliminary
Decision Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
[[Page 56950]]
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value 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, which is hereby
adopted by this notice.\2\ A list of topics included in the Preliminary
Decision Memorandum is included as an Appendix to this notice. The
Preliminary Decision Memorandum 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 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 Preliminary Decision Memorandum and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\2\ Id.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
On February 1, 2017, UFlex reported that it made no shipments of
subject merchandise to the United States during the POR.\3\ To confirm
UFlex's no shipment claim, the Department issued a no-shipment inquiry
to U.S. Customs and Border Protection (CBP) requesting that it review
UFlex's no shipment claim.\4\ CBP did not report that it had any
information to contradict UFlex's claim of no shipments during the POR.
---------------------------------------------------------------------------
\3\ See letter from FLEX Middle East FZE and UFlex,
``Polyethylene Terephthalate Film, Sheet, and Strip from the United
Arab Emirates: Notice of No Sales,'' dated February 1, 2017.
\4\ See No shipment inquiry for polyethylene terephthalate film,
sheet, and strip from the United Arab Emirates produced and/or
reported by UFlex Limited (A-520-803), message number 7053303
(February 22, 2017).
---------------------------------------------------------------------------
Given that UFlex certified that it made no shipments of subject
merchandise to the United States during the POR and there is no
information calling its claim into question, we preliminarily determine
that UFlex made no shipments during the POR. Consistent with the
Department's practice, we will not rescind the review with respect to
UFlex but, rather, will complete the review and issue instructions to
CBP based on the final results.\5\
---------------------------------------------------------------------------
\5\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51306-51307 (August 28, 2014).
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margin for the period November 1, 2015,
through October 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Exporter margin
(percent)
------------------------------------------------------------------------
JBF RAK LLC................................................. 19.01
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may not be filed later than five days after the
time limit for filing case briefs.\6\ Parties who submit case briefs or
rebuttal briefs in this review are requested to submit with each brief:
(1) A statement of the issue, (2) a brief summary of the argument, and
(3) a table of authorities.\7\ Executive summaries should be limited to
five pages total, including footnotes.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(d)(1).
\7\ See 19 CFR 351.309(c)(2), (d)(2).
\8\ Id.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, the Department will notify
interested parties of the hearing schedule. 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. Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\9\
---------------------------------------------------------------------------
\9\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\10\ 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 either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\10\ In these preliminary results, the Department applied the
assessment rate calculation methodology 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).
---------------------------------------------------------------------------
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.
In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
JBF for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\11\ In addition, if the
Department determines that UFlex had no shipments of subject
merchandise, any suspended entries
[[Page 56951]]
that entered under UFlex's case number will be liquidated at the all-
others rate if there is no rate for the intermediate companies involved
in the transaction.\12\
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\12\ Id.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from the UAE 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 companies
under review will be the rate established in the final results of this
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 will continue to be 4.05 percent, the
all-others rate established in the investigation.\13\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\13\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Brazil, the People's Republic of China and the United Arab Emirates:
Antidumping Duty Orders and Amended Final Determination of Sales at
Less Than Fair Value for the United Arab Emirates, 73 FR 66595,
66597 (November 10, 2008).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the
Deputy 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. Date of Sale
5. Discussion of Methodology
6. Product Comparisons
7. Export Price/Constructed Export Price
8. Normal Value
9. Currency Conversions
10. Conclusion
[FR Doc. 2017-25904 Filed 11-30-17; 8:45 am]
BILLING CODE 3510-DS-P