Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 14416-14417 [2018-06837]

Download as PDF 14416 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next sunset review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: March 29, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Scope of the Order [FR Doc. 2018–06838 Filed 4–3–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–803] Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that JBF RAK LLC (JBF) made sales of subject merchandise at less than normal value during the period of review (POR), November 1, 2015, through October 31, 2016, and that UFlex Limited (UFlex) had no shipments of subject merchandise during the POR. DATES: Applicable Date: April 4, 2018. 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: amozie on DSK30RV082PROD with NOTICES AGENCY: Background Commerce published the preliminary results of this administrative review on December 1, 2017.1 We invited interested parties to comment on the Preliminary Results. On January 2, 2017, Commerce received a timely-filed case 1 See 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, 82 FR 56949 (December 1, 2017) (Preliminary Results). VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 brief from JBF.2 No party filed a rebuttal brief. Commerce exercised its discretion to toll all 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 accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now April 3, 2018.3 The products covered by the order are all gauges of raw, pre-treated, or primed polyethylene terephthalate film (PET Film), whether extruded or co-extruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer more than 0.00001 inches thick. Also excluded is roller transport cleaning film which has at least one of its surfaces modified by application of 0.5 micrometers of SBR latex. Tracing and drafting film is also excluded. PET Film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Final Determination of No Shipments In the Preliminary Results, we preliminarily found that one company, UFlex, had no shipments during the POR.4 Consistent with Commerce’s assessment practice, Commerce completed the review with respect to UFlex.5 For these final results, we ‘‘Polyethylene Terephthalate (PET) Film, Sheet and Strip from the United Arab Emirates (A– 520–803); Case Brief of JBF RAK, LLC,’’ dated January 2, 2018. 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. 4 See Preliminary Results at 3. 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). continue to find that UFlex had no shipments during the POR. Analysis of Comments Received All issues raised in the sole case brief filed in this review are addressed in the Issues and Decision Memorandum.6 A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and it is available to all parties in the Central Records Unit of the main Commerce Building, Room B–8024. In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at http://enforcement.trade.gov/ frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we made one change to our margin calculations for JBF. Specifically, we revised our calculation of home market credit expenses.7 A complete discussion of this change can be found in the Issues and Decision Memorandum. Final Results of Review As a result of this review, we determine that the following weightedaverage dumping margin exists for the period of November 1, 2015, through October 31, 2016: Producer or exporter Weightedaverage dumping margin (percent ad valorem) JBF RAK LLC ........................... 18.90 2 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all 6 See Memorandum, ‘‘Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates: Issues and Decision Memorandum for the Final Results and Final Determination of No Shipments; 2015–2016,’’ (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. 7 See Issues and Decision Memorandum at page 2. E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices appropriate entries of subject merchandise in accordance with the final results of this review.8 Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For JBF, the cash deposit rate will be equal to the weighted-average dumping margin listed above in the section ‘‘Final Results of Review;’’ (2) for merchandise exported by producers or exporters not covered in this review but covered in a previously completed segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the final results for the most recent period in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, then the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the final results for the most recent period in which that producer participated; and (4) if neither the exporter nor the producer is a firm covered in this review or in any previously completed segment of this proceeding, then the cash deposit rate will be 4.05 percent, the all-others rate established in the less than fair value investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure amozie on DSK30RV082PROD with NOTICES We will disclose to interested parties the calculations performed in connection with these final results within five days of the publication of this notice, consistent with 19 CFR 351.224(b). Notification to Importers DEPARTMENT OF COMMERCE This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. National Oceanic and Atmospheric Administration Administrative Protective Order This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: March 29, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix Issues in the Decision Memorandum I. Summary II. Scope of the Order III. Period of Review IV. Discussion of the Issue Comment 1: Home Market Credit Expenses V. Recommendation [FR Doc. 2018–06837 Filed 4–3–18; 8:45 am] BILLING CODE 3510–DS–P 8 Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 9 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, 66596 (November 10, 2008). VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 14417 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 RIN 0648–XF991 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys off of Delaware National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. AGENCY: NMFS has received a request from Garden State Offshore Energy, LLC (GSOE), for authorization to take marine mammals incidental to marine site characterization surveys off the coast of Delaware as part of the Skipjack Wind Project in the area of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS–A 0482) and along potential submarine cable routes to a landfall location in Maryland or Delaware. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than May 4, 2018. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910, and electronic comments should be sent to ITP.carduner@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at SUMMARY: E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14416-14417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06837]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Polyethylene Terephthalate Film, Sheet, and Strip From the United 
Arab Emirates: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that JBF RAK 
LLC (JBF) made sales of subject merchandise at less than normal value 
during the period of review (POR), November 1, 2015, through October 
31, 2016, and that UFlex Limited (UFlex) had no shipments of subject 
merchandise during the POR.

DATES: Applicable Date: April 4, 2018.

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: 

Background

    Commerce published the preliminary results of this administrative 
review on December 1, 2017.\1\ We invited interested parties to comment 
on the Preliminary Results. On January 2, 2017, Commerce received a 
timely-filed case brief from JBF.\2\ No party filed a rebuttal brief.
---------------------------------------------------------------------------

    \1\ See 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, 82 FR 56949 (December 1, 2017) (Preliminary Results).
    \2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip 
from the United Arab Emirates (A-520-803); Case Brief of JBF RAK, 
LLC,'' dated January 2, 2018.
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all 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 accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results of this review is now April 
3, 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 order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film (PET Film), whether 
extruded or co-extruded. Excluded are metallized films and other 
finished films that have had at least one of their surfaces modified by 
the application of a performance-enhancing resinous or inorganic layer 
more than 0.00001 inches thick. Also excluded is roller transport 
cleaning film which has at least one of its surfaces modified by 
application of 0.5 micrometers of SBR latex. Tracing and drafting film 
is also excluded. PET Film is classifiable under subheading 
3920.62.00.90 of the Harmonized Tariff Schedule of the United States 
(HTSUS). While HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the order is 
dispositive.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that one 
company, UFlex, had no shipments during the POR.\4\ Consistent with 
Commerce's assessment practice, Commerce completed the review with 
respect to UFlex.\5\ For these final results, we continue to find that 
UFlex had no shipments during the POR.
---------------------------------------------------------------------------

    \4\ See Preliminary Results at 3.
    \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).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the sole case brief filed in this review are 
addressed in the Issues and Decision Memorandum.\6\ A list of the 
issues addressed in the Issues and Decision Memorandum is appended to 
this notice. The Issues and Decision Memorandum is a public document 
and is available electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Services 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central 
Records Unit of the main Commerce Building, Room B-8024. In addition, a 
complete version of the Issues and Decision Memorandum is also 
accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from the United 
Arab Emirates: Issues and Decision Memorandum for the Final Results 
and Final Determination of No Shipments; 2015-2016,'' (Issues and 
Decision Memorandum), dated concurrently with and hereby adopted by 
this notice.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made one change 
to our margin calculations for JBF. Specifically, we revised our 
calculation of home market credit expenses.\7\ A complete discussion of 
this change can be found in the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at page 2.
---------------------------------------------------------------------------

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period of November 1, 
2015, through October 31, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                               dumping
                   Producer or exporter                        margin
                                                             (percent ad
                                                              valorem)
------------------------------------------------------------------------
JBF RAK LLC...............................................        18.90
------------------------------------------------------------------------

Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all

[[Page 14417]]

appropriate entries of subject merchandise in accordance with the final 
results of this review.\8\ Commerce intends to issue appropriate 
assessment instructions directly to CBP 15 days after the date of 
publication of these final results of review.
---------------------------------------------------------------------------

    \8\ Commerce applied the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, 
as amended (the Act): (1) For JBF, the cash deposit rate will be equal 
to the weighted-average dumping margin listed above in the section 
``Final Results of Review;'' (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a previously 
completed segment of this proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the final results 
for the most recent period in which that producer or exporter 
participated; (3) if the exporter is not a firm covered in this review 
or in any previous segment of this proceeding, but the producer is, 
then the cash deposit rate will be that established for the producer of 
the merchandise in these final results of review or in the final 
results for the most recent period in which that producer participated; 
and (4) if neither the exporter nor the producer is a firm covered in 
this review or in any previously completed segment of this proceeding, 
then the cash deposit rate will be 4.05 percent, the all-others rate 
established in the less than fair value investigation.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ 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, 
66596 (November 10, 2008).
---------------------------------------------------------------------------

Disclosure

    We will disclose to interested parties the calculations performed 
in connection with these final results within five days of the 
publication of this notice, consistent with 19 CFR 351.224(b).

Notification to Importers

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

Administrative Protective Order

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 
CFR 351.213(h).

    Dated: March 29, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Issues in the Decision Memorandum

I. Summary
II. Scope of the Order
III. Period of Review
IV. Discussion of the Issue
    Comment 1: Home Market Credit Expenses
V. Recommendation

[FR Doc. 2018-06837 Filed 4-3-18; 8:45 am]
 BILLING CODE 3510-DS-P