Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2015-2016, 6162-6163 [2018-02830]

Download as PDF 6162 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14, subject to a restriction requiring that curtains be admitted to the zone in privileged foreign status (19 CFR 146.41) or domestic status (19 CFR 146.43), and further subject to the following conditions: (1) Any foreign steel mill products admitted to the zone for the Vision Technologies Marine, Inc., activity, including plate, angles, shapes, channels, rolled steel stock, bars, pipes and tubes, not incorporated into merchandise otherwise classified, and which is used in manufacturing, shall be subject to full customs duties in accordance with applicable law, unless the Executive Secretary determines that the same item is not then being produced by a domestic steel mill. (2) Vision Technologies Marine, Inc., shall meet its obligation under 15 CFR 400.13(b) by annually advising the FTZ Board’s Executive Secretary as to significant new contracts with appropriate information concerning foreign purchases otherwise dutiable, so that the FTZ Board may consider whether any foreign dutiable items are being imported for manufacturing in the zone primarily because of FTZ procedures and whether the FTZ Board should consider requiring customs duties to be paid on such items. [FR Doc. 2018–02910 Filed 2–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2015–2016 sradovich on DSK3GMQ082PROD with NOTICES 23:12 Feb 12, 2018 Jkt 244001 Background On August 7, 2017, the Department of Commerce (Commerce) published the Preliminary Results.1 For a history of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 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 is available to all parties 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/login.aspx. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 to January 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The deadline for the final results of this administrative review is now February 6, 2018.3 Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made changes to SRF’s and Jindal’s calculations.4 SRF’s margin is unchanged at zero percent, while the margin for Jindal is now 1.57 percent. Disclosure We intend to disclose the calculations performed to parties in this proceeding 1 See Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Jindal Poly Films Limited made sales of subject merchandise at less than normal value, but that SRF Limited did not. The period of review (POR) is July 1, 2015, through June 30, 2016. Applicable Date: February 13, 2018. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and VerDate Sep<11>2014 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 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 AD order is dispositive. Scope of the Order The products covered by the AD order are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet, and strip (PET Film), whether extruded or coextruded. Excluded are Dated: February 7, 2018. Andrew McGilvray, Executive Secretary. AGENCY: Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5255. SUPPLEMENTARY INFORMATION: Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015–2016, 82 FR 36735 (August 7, 2017) (Preliminary Results). 2 See Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film from India; 2015– 2016 Administrative Review’’ (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. 3 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Analysis of Comments Received All issues raised in the case brief and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is attached to this notice as an Appendix. Final Results of Review As a result of our review, we determine the following weightedaverage dumping margins exist for the period July 1, 2015, through June 30, 2016. Producer or exporter Jindal Poly Films Limited of India 5 ................................ SRF Limited .......................... Weightedaverage dumping margin (percent) 1.57 0.00 4 See Memoranda to Thomas Gilgunn, Program Manager ‘‘Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal Poly Films Limited, and ‘‘Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF Limited,’’ both dated concurrently with these final results. 5 The Initiation Notice also lists the company as Jindal Poly Films Ltd. (India). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation Notice). As noted in the Preliminary Decision Memoranda, dated concurrently with the Federal Register notice, the Department has determined that Jindal Poly Films Limited of India is the same company as Jindal Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015–2016 82 FR 36735 (August 7, 2017). E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices within five days after the public announcement of the final results, in accordance with section 751(a) of the Act and 19 CFR 351.224(b). Assessment Rates Commerce 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). Commerce intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. For Jindal, we will base the assessment rate for the corresponding entries on the margin listed above. For entries of subject merchandise produced by Jindal or SRF for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the less-than fair-value (LTFV) investigation, 5.71 percent,6 if there is no rate for the intermediate company(ies) involved in the transaction.7 Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries produced and exported by SRF during the POR. sradovich on DSK3GMQ082PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of PET Film from India 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 as follows 1.57 percent for merchandise exported by Jindal and zero percent for merchandise exported by SRF; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period for that company; (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 in the completed segment for the most recent period for the manufacturer of the merchandise; and (4) if neither the 6 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 from India, 67 FR 44175 (July 1, 2002) (Amended Final Determination). 7 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). VerDate Sep<11>2014 23:12 Feb 12, 2018 Jkt 244001 exporter nor the manufacturer is a firm covered in this or any other completed segment of this proceeding, then the cash deposit rate will be the all others rate of 5.71 percent, which is the all others rate established by Commerce in the LTFV investigation adjusted for the export subsidy rate in the countervailing duty investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notifications to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Commerce is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221. Dated: February 6, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background Scope of the Order III. Discussion of the Issues Comment 1: Whether To Grant Certain Post-Sale Price Adjustments to Jindal for the Final Results Comment 2: Whether To Grant Certain Post-Sale Price Adjustments to SRF for the Final Results Comment 3: Whether To Revise SRF’s Program [FR Doc. 2018–02830 Filed 2–12–18; 8:45 am] BILLING CODE 3510–DS–P 8 See PO 00000 Amended Final Determination. Frm 00005 Fmt 4703 Sfmt 4703 6163 DEPARTMENT OF COMMERCE International Trade Administration [A–583–854] Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines, based on the application of adverse facts available, that Bonuts Hardware Logistic Co., Ltd. (Bonuts), PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc. (PT/ProTeam), and Unicatch Industrial Co. Ltd. (Unicatch) made sales of certain steel nails (nails) from Taiwan at prices below normal value during the period of review (POR) of May 20, 2015, through June 30, 2016. DATES: Applicable February 13, 2018. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4947 or (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 7, 2017, Commerce published the Preliminary Results of this administrative review.1 For the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 These final results cover five companies.3 Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in 1 See Certain Steel Nails from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015–2016, 82 FR 36744 (August 7, 2017) (Preliminary Results), and accompanying Memorandum, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Steel Nails from Taiwan; 2015–2016,’’ dated July 31, 2017 (Preliminary Decision Memorandum). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2015– 2016 Administrative Review of the Antidumping Duty Order on Certain Steel Nails from Taiwan’’ (Issues and Decision Memorandum), dated concurrently with this notice and incorporated herein by reference. 3 The five companies consist of three mandatory respondents and two companies not individually examined. E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6162-6163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02830]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that Jindal 
Poly Films Limited made sales of subject merchandise at less than 
normal value, but that SRF Limited did not. The period of review (POR) 
is July 1, 2015, through June 30, 2016.
    Applicable Date: February 13, 2018.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
5255.

SUPPLEMENTARY INFORMATION: 

Background

    On August 7, 2017, the Department of Commerce (Commerce) published 
the Preliminary Results.\1\ For a history of events that have occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ 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 is available to all parties 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/login.aspx. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2015-2016, 82 FR 36735 (August 7, 2017) 
(Preliminary Results).
    \2\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film from India; 2015-2016 Administrative 
Review'' (Issues and Decision Memorandum), dated concurrently with, 
and hereby adopted by, this notice.
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll deadlines affected by the 
closure of the Federal Government from January 20 to January 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The deadline for the final results of this administrative review is now 
February 6, 2018.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the AD order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet, and strip 
(PET Film), 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 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 AD order is dispositive.

Analysis of Comments Received

    All issues raised in the case brief and rebuttal briefs are 
addressed in the Issues and Decision Memorandum, which is attached to 
this notice as an Appendix.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made changes 
to SRF's and Jindal's calculations.\4\ SRF's margin is unchanged at 
zero percent, while the margin for Jindal is now 1.57 percent.
---------------------------------------------------------------------------

    \4\ See Memoranda to Thomas Gilgunn, Program Manager ``Analysis 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: Jindal Poly Films Limited, and ``Analysis 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: SRF Limited,'' both dated concurrently with these 
final results.
---------------------------------------------------------------------------

Final Results of Review

    As a result of our review, we determine the following weighted-
average dumping margins exist for the period July 1, 2015, through June 
30, 2016.
---------------------------------------------------------------------------

    \5\ The Initiation Notice also lists the company as Jindal Poly 
Films Ltd. (India). See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 81 FR 62720 (September 12, 2016) 
(Initiation Notice). As noted in the Preliminary Decision Memoranda, 
dated concurrently with the Federal Register notice, the Department 
has determined that Jindal Poly Films Limited of India is the same 
company as Jindal Poly Films Ltd. (India). See Polyethylene 
Terephthalate Film, Sheet, and Strip from India: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 
2015-2016 82 FR 36735 (August 7, 2017).

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                  Producer or exporter                   dumping  margin
                                                            (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited of India \5\.................            1.57
SRF Limited............................................            0.00
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding

[[Page 6163]]

within five days after the public announcement of the final results, in 
accordance with section 751(a) of the Act and 19 CFR 351.224(b).

Assessment Rates

    Commerce 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). Commerce intends to 
issue assessment instructions directly to CBP 15 days after publication 
of these final results of review. For Jindal, we will base the 
assessment rate for the corresponding entries on the margin listed 
above.
    For entries of subject merchandise produced by Jindal or SRF for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate established in the less-than fair-value (LTFV) 
investigation, 5.71 percent,\6\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\7\ Pursuant to 
19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard 
to antidumping duties any entries produced and exported by SRF during 
the POR.
---------------------------------------------------------------------------

    \6\ 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 from India, 67 FR 
44175 (July 1, 2002) (Amended Final Determination).
    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Proceedings; Final 
Modification, 77 FR 8101, 8102 (February 14, 2012) (Final 
Modification).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of PET Film from India 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 as follows 1.57 percent for merchandise exported 
by Jindal and zero percent for merchandise exported by SRF; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published in the completed segment for the most recent period for that 
company; (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 in 
the completed segment 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 other completed segment 
of this proceeding, then the cash deposit rate will be the all others 
rate of 5.71 percent, which is the all others rate established by 
Commerce in the LTFV investigation adjusted for the export subsidy rate 
in the countervailing duty investigation.\8\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \8\ See Amended Final Determination.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notifications to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    Commerce is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: February 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background Scope of the Order
III. Discussion of the Issues
    Comment 1: Whether To Grant Certain Post-Sale Price Adjustments 
to Jindal for the Final Results
    Comment 2: Whether To Grant Certain Post-Sale Price Adjustments 
to SRF for the Final Results
    Comment 3: Whether To Revise SRF's Program

[FR Doc. 2018-02830 Filed 2-12-18; 8:45 am]
 BILLING CODE 3510-DS-P
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