Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 39687-39688 [2018-17179]

Download as PDF 39687 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1). Dated: August 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Methodology A. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing (DP) Analysis B. Product Comparisons C. Date of Sale D. Export Price/Constructed Export Price E. Normal Value 1. Home Market Viability 2. Affiliated Party Transactions and the Arm’s-Length Test 3. Cost of Production a. Calculation of Cost of Production b. Test of Comparison Market Prices c. Results of the COP Test F. Level of Trade G. Calculation of Normal Value Based on Comparison Market Prices H. Calculation of Normal Value Based on Constructed Value I. Margins for Companies Not Selected for Individual Examination J. Currency Conversion V. Recommendation [FR Doc. 2018–17047 Filed 8–9–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration daltland on DSKBBV9HB2PROD with NOTICES [A–583–837] Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016–2017 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. AGENCY: VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. The period of review (POR) is July 1, 2016, through June 30, 2017. We preliminarily determine that Nan Ya Plastics Corporation (Nan Ya) did not make sales below normal value (NV) and that Shinkong Materials Technology Corporation (SMTC) had no shipments during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable August 10, 2018. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482– 5255, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: SUMMARY: Scope of the Order The merchandise subject to the order is PET Film. The PET Film subject to the order is currently classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States.1 Preliminary 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 Corp. (SSFC), we preliminarily determine that SMTC had no shipments of the subject merchandise during the POR. Methodology Commerce is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included at the Appendix to this notice. The 1 A full description of the scope of the order is contained in the memorandum, ‘‘Decision Memorandum for Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2016–2017’’ (Preliminary Decision Memorandum), which is hereby adopted by this notice. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Preliminary 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 http://access.trade.gov and is available to all parties in the Central Records Unit in Room B8024 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at http://enforcement. trade.gov/frn/index.html. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margin for the period July 1, 2016, through June 30, 2017. Manufacturer/exporter Weightedaverage dumping margin (percent) Nan Ya Plastics Corporation ...... 0.00 Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), 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 be filed not later than five days after the date for filing case briefs.2 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.3 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Acting Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address and 2 See 19 CFR 351.309(d). 19 CFR 351.303 (for general filing requirements). 3 See E:\FR\FM\10AUN1.SGM 10AUN1 39688 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act. daltland on DSKBBV9HB2PROD with NOTICES Assessment Rates Upon completion of this administrative review, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. If a respondent’s weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for an importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.4 This clarification applies to entries of subject merchandise during the POR produced by a respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of PET Film from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company under review will be the rate established in the final results of this 4 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters is 2.40 percent.5 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1). Dated: August 3, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Finding of No Shipments for SMTC V. Product Comparisons VI. Comparison to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. Date of Sale D. Export Price E. Normal Value F. Calculation of Normal Value Based on Comparison Market Prices G. Price-to-Constructed Value Comparisons H. Currency Conversion VII. Recommendation [FR Doc. 2018–17179 Filed 8–9–18; 8:45 am] BILLING CODE 3510–DS–P 5 See PET Film from Taiwan Amended Final Determination. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with June anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable August 10, 2018. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with June anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce’s service list. Respondent Selection In the event Commerce limits the number of respondents for individual 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39687-39688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17179]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period 
of review (POR) is July 1, 2016, through June 30, 2017. We 
preliminarily determine that Nan Ya Plastics Corporation (Nan Ya) did 
not make sales below normal value (NV) and that Shinkong Materials 
Technology Corporation (SMTC) had no shipments during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable August 10, 2018.

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

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is PET Film. The PET Film 
subject to the order is currently classifiable under subheading 
3920.62.00.90 of the Harmonized Tariff Schedule of the United 
States.\1\
---------------------------------------------------------------------------

    \1\ A full description of the scope of the order is contained in 
the memorandum, ``Decision Memorandum for Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2016-
2017'' (Preliminary Decision Memorandum), which is hereby adopted by 
this notice.
---------------------------------------------------------------------------

Preliminary 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 Corp. (SSFC), we preliminarily determine that 
SMTC had no shipments of the subject merchandise during the POR.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included at the 
Appendix to this notice. The Preliminary 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 
http://access.trade.gov and is available to all parties in the Central 
Records Unit in Room B8024 of the main Commerce building. In addition, 
a complete version of the Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period July 1, 2016, 
through June 30, 2017.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 
19 CFR 351.309(c), 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 be filed not 
later than five days after the date for filing case briefs.\2\ Parties 
who submit case briefs or rebuttal briefs in this proceeding are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Acting 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS. An electronically filed document must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and

[[Page 39688]]

telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. Commerce intends to issue 
the final results of this administrative review, including the results 
of its analysis of the issues raised in any written briefs, not later 
than 120 days after the date of publication of this notice, unless 
extended, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If a respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\4\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, 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.
---------------------------------------------------------------------------

    \4\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters is 2.40 percent.\5\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \5\ See PET Film from Taiwan Amended Final Determination.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h)(1).

    Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Finding of No Shipments for SMTC
V. Product Comparisons
VI. Comparison to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
    F. Calculation of Normal Value Based on Comparison Market Prices
    G. Price-to-Constructed Value Comparisons
    H. Currency Conversion
VII. Recommendation

[FR Doc. 2018-17179 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P