Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016-2017, 63625-63626 [2018-26777]

Download as PDF Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the antidumping duty order is dispositive. DEPARTMENT OF COMMERCE International Trade Administration [A–583–837] Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016–2017 Final Determination of No Shipments Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Nan Ya Plastics Corporation (Nan Ya) did not sell subject merchandise at less than normal value during the POR, July 1, 2016 through June 30, 2017. DATES: Applicable December 11, 2018. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 10, 2018, Commerce published the preliminary results for this administrative review.1 We invited interested parties to comment on the Preliminary Results. We received no comments nor requests for a hearing from any party.2 Commerce conducted this administrative review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Scope of the Order amozie on DSK3GDR082PROD with NOTICES1 The products covered by the antidumping duty order are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet, and strip (PET film), whether extruded or coextruded. Excluded are metalized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches thick. Imports of PET film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item 1 See Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016– 2017, 83 FR 39687. (August 10, 2018) (Preliminary Results) and accompanying Preliminary Issues and Decision Memorandum. 2 For further details of the issues addressed in this proceeding, see the Preliminary Results and accompanying Preliminary Issues and Decision Memorandum. VerDate Sep<11>2014 17:51 Dec 10, 2018 Jkt 247001 Based on our analysis of U.S. Customs and Border Protection (CBP) information and information provided by Shinkong Materials Technology Corporation (SMTC) and its affiliate Shinkong Synthetic Fibers Corporation (SSFC), we determine that SMTC had no shipments of the subject merchandise during the POR. Final Results of Review As there are no changes from, or comments upon, the Preliminary Results, Commerce has not modified its analysis or calculations. Accordingly, no decision memorandum accompanies this Federal Register notice. We continue to find that Nan Ya did not make sales of subject merchandise at less than normal value during the POR. Commerce determines that the weighted-average dumping margin exists for the period July 1, 2016, through June 30, 2017: Producer/exporter Weightedaverage margin (percentage) Nan Ya Plastics Corporation 0.00 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. Because we calculated a zero margin in the final results of this review for Nan Ya, in accordance with 19 CFR 351.212, we will instruct CBP to liquidate the appropriate entries without regard to dumping duties. In accordance with Commerce’s practice, for entries of subject merchandise during the POR that SMTC or its affiliate, SSFC, did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 63625 administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Nan Ya will be 0.00 percent, the rate established in the final results of this review; (2) for previously reviewed or investigated companies not covered in this review, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this or any previous review or in the original less-than-fairvalue (LTFV) investigation but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review or the investigation, the cash-deposit rate will continue to be the all-others rate of 2.40 percent, which is the allothers rate established by Commerce in the LTFV investigation.3 These cash deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. 3 See Notice of Final Amended Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet and Strip (PET) from Taiwan, 67 FR 44174 (July 1, 2002); see also Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 67 FR 46566 (July 15, 2002). E:\FR\FM\11DEN1.SGM 11DEN1 63626 Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: December 4, 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. [FR Doc. 2018–26777 Filed 12–10–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–826] Monosodium Glutamate From the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that PT. Cheil Jedang Indonesia (CJ Indonesia), the sole respondent in this administrative review, made sales of subject merchandise in the United States at prices below normal value during the period of review covering November 1, 2016, through October 31, 2017 (POR). Commerce is also rescinding the administrative review with respect to PT. Miwon Indonesia (Miwon). We invite interested parties to comment on these preliminary results. DATES: Applicable December 11, 2018. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482–3586. SUPPLEMENTARY INFORMATION: amozie on DSK3GDR082PROD with NOTICES1 AGENCY: Background On January 11, 2018, based on requests from interested parties, Commerce initiated the administrative review on monosodium glutamate (MSG) from the Republic of Indonesia (Indonesia) covering Miwon and CJ Indonesia.1 A detailed description of the events that followed the initiation of 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation Notice). VerDate Sep<11>2014 17:51 Dec 10, 2018 Jkt 247001 this review can be found in the Preliminary Decision Memorandum.2 This administrative review is being conducted in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The product covered by this review is MSG from Indonesia. A complete description of the scope of the order can be found in the Preliminary Decision Memorandum. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the date of publication of the notice of initiation of the requested review. The notice initiating the instant administrative review was published on January 11, 2018. On April 4, 2018, Daesang America, Inc. (Daesang), a U.S. importer of MSG from Indonesia, timely withdrew its request for an administrative review with respect to Miwon.3 Because Daesang timely withdrew its request for an administrative review of Miwon within 90 days of the date of publication of the Initiation Notice, and as there are no remaining requests to review Miwon, Commerce is rescinding this review with respect to Miwon, in accordance with 19 CFR 351.213(d)(1). Methodology Commerce is conducting this administrative review in accordance with sections 751(a)(1)(B) and (2) of 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. A full description of the methodology underlying these preliminary results can be found in the Preliminary Determination Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Monosodium Glutamate from the Republic of Indonesia; 2016–2017,’’ (Preliminary Decision Memorandum), which is dated concurrently with, and hereby adopted by, this notice. 3 See Letter from Daesang, ‘‘Monosodium Glutamate from Indonesia: Requesting Rescission of Administrative Review—PT. Miwon, Indonesia,’’ dated April 4, 2018. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Compliance’s Antidumping and Countervailing Duty Centralized Duty Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and its electronic version are identical in content. Preliminary Results of Review Commerce preliminarily determines that a weighted-average margin of 24.68 percent exists for CJ Indonesia for the period November 1, 2016, through October 31, 2017. Assessment Rates Upon issuance of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.4 If the weighted-average dumping margin for CJ Indonesia is not zero or de minimis (i.e., less than 0.5 percent), we will calculate importer-specific ad valorem antidumping 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). 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 (i.e., 0.5 percent). If the respondent’s (i.e., CJ Indonesia’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. 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 where applicable. In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by CJ Indonesia for which the producer did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate entries not reviewed at the allothers rate if there is no rate for the 4 See E:\FR\FM\11DEN1.SGM 19 CFR 351.212(b). 11DEN1

Agencies

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63625-63626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26777]



[[Page 63625]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Nan Ya 
Plastics Corporation (Nan Ya) did not sell subject merchandise at less 
than normal value during the POR, July 1, 2016 through June 30, 2017.

DATES: Applicable December 11, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2018, Commerce published the preliminary results for 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. We received no comments nor requests for a 
hearing from any party.\2\ Commerce conducted this administrative 
review in accordance with section 751(a)(1)(B) of the Tariff Act of 
1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2016-2017, 83 
FR 39687. (August 10, 2018) (Preliminary Results) and accompanying 
Preliminary Issues and Decision Memorandum.
    \2\ For further details of the issues addressed in this 
proceeding, see the Preliminary Results and accompanying Preliminary 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed polyethylene terephthalate film, sheet, 
and strip (PET film), whether extruded or coextruded. Excluded are 
metalized films and other finished films that have had at least one of 
their surfaces modified by the application of a performance-enhancing 
resinous or inorganic layer of more than 0.00001 inches thick. Imports 
of 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 antidumping duty order is 
dispositive.

Final Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Shinkong Materials Technology 
Corporation (SMTC) and its affiliate Shinkong Synthetic Fibers 
Corporation (SSFC), we determine that SMTC had no shipments of the 
subject merchandise during the POR.

Final Results of Review

    As there are no changes from, or comments upon, the Preliminary 
Results, Commerce has not modified its analysis or calculations. 
Accordingly, no decision memorandum accompanies this Federal Register 
notice. We continue to find that Nan Ya did not make sales of subject 
merchandise at less than normal value during the POR.
    Commerce determines that the weighted-average dumping margin exists 
for the period July 1, 2016, through June 30, 2017:

------------------------------------------------------------------------
                                                            Weighted-
                   Producer/exporter                     average  margin
                                                           (percentage)
------------------------------------------------------------------------
Nan Ya Plastics Corporation............................            0.00
------------------------------------------------------------------------

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. Because we calculated a zero margin 
in the final results of this review for Nan Ya, in accordance with 19 
CFR 351.212, we will instruct CBP to liquidate the appropriate entries 
without regard to dumping duties.
    In accordance with Commerce's practice, for entries of subject 
merchandise during the POR that SMTC or its affiliate, SSFC, did not 
know that the merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit 
rate for Nan Ya will be 0.00 percent, the rate established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this or any 
previous review or in the original less-than-fair-value (LTFV) 
investigation but the manufacturer is, the cash-deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) if neither the exporter nor the manufacturer 
is a firm covered in this or any previous review or the investigation, 
the cash-deposit rate will continue to be the all-others rate of 2.40 
percent, which is the all-others rate established by Commerce in the 
LTFV investigation.\3\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \3\ See Notice of Final Amended Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet and Strip (PET) from Taiwan, 
67 FR 44174 (July 1, 2002); see also Notice of Amended Final 
Antidumping Duty Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order, 67 FR 46566 (July 15, 2002).
---------------------------------------------------------------------------

Reimbursement of Duties

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

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested.

[[Page 63626]]

Failure to comply with the regulations and terms of an APO is a 
violation, which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: December 4, 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.
[FR Doc. 2018-26777 Filed 12-10-18; 8:45 am]
BILLING CODE 3510-DS-P