Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2016-2017, 20099-20101 [2019-09454]
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
margins exist for the May 10, 2016,
through October 31, 2017 POR:
Exporter/producer
Bhandari Foils & Tubes, Ltd .......
Hindustan Inox, Ltd ....................
Apex Tubes Private Ltd ..............
Apurvi Industries .........................
Arihant Tubes .............................
Divine Tubes Pvt. Ltd .................
Heavy Metal & Tubes .................
J.S.S. Steelitalia Ltd ...................
Linkwell Seamless Tubes Private
Limited .....................................
Maxim Tubes Company Pvt. Ltd
MBM Tubes Pvt. Ltd ...................
Mukat Tanks & Vessel Ltd .........
Neotiss Ltd ..................................
Prakash Steelage Ltd .................
Quality Stainless Pvt. Ltd ...........
Raajratna Metal Industries Ltd ...
Ratnadeep Metal & Tubes Ltd ...
Ratnamani Metals & Tubes Ltd ..
Remi Edelstahl Tubulars ............
Shubhlaxmi Metals & Tubes Private Limited .............................
SLS Tubes Pvt. Ltd ....................
Steamline Industries Ltd .............
Estimated
weightedaverage
dumping
margin
(percent)
7.19
2.03
4 3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
weighted average of the cash deposit
rates calculated for the companies
selected for individual review (i.e.,
Bhandari and Hindustan).
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
for which they did not know that their
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate of 8.35 percent if there is no
rate for the intermediate company(ies)
involved in the transaction.6
We intend to issue instructions to
CBP 15 days after publication of these
final results of this review in the
Federal Register.
Cash Deposit Requirements
khammond on DSKBBV9HB2PROD with NOTICES
The following deposit requirements
will be effective upon publication of
this notice of final results of
3.89 administrative review in the Federal
3.89 Register for all shipments of WSPP from
3.89 India entered, or withdrawn from
warehouse, for consumption on or after
the date of publication provided by
Assessment Rates
section 751(a)(2) of the Act: (1) The cash
Pursuant to the final results of this
deposit rate for each company listed
review, Commerce determines, and U.S.
above will be equal to the dumping
Customs and Border Protection (CBP)
margins established in the final results
shall assess, antidumping duties on all
of this review; (2) for merchandise
appropriate entries of subject
exported by producers or exporters not
merchandise in accordance with section
covered in this administrative review
751(a)(2)(C) of the Act and 19 CFR
but covered in a prior segment of the
351.212(b).
proceeding, the cash deposit rate will
For the mandatory respondents (i.e.,
Bhandari Foils & Tubes, Ltd. (Bhandari) continue to be the company-specific rate
published for the most recently
and Hindustan Inox, Ltd. (Hindustan)),
completed segment of this proceeding in
as the weighted-average dumping
margins are not zero or de minimis (i.e., which the producer or exporter
participated; (3) if the exporter is not a
less than 0.5 percent), we calculated
firm covered in this review, a prior
importer-specific ad valorem AD
review, or the original less-than-fairassessment rates based on the ratio of
value investigation but the producer is,
the total amount of dumping calculated
the cash deposit rate will be the rate
for the importers’ examined sales to the
established for the most recently
total entered value of those same sales
completed segment of the proceeding
in accordance with 19 CFR
for the producer of the merchandise;
5
351.212(b)(1).
and (4) the cash deposit rate for all other
producers or exporters will continue to
4 This rate is based on the rates for the
be 8.35 percent, the all-others rate
respondents that were selected for individual
review, excluding rates that are zero, de minimis or
established in the antidumping
based entirely on facts available. See section
investigation.7 These deposit
735(c)(5)(A) of the Act; see also memorandum,
requirements,
when imposed, shall
‘‘Welded Stainless Pressure Pipe from India:
remain in effect until further notice.
Calculation of the All-Others Rate in the
Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017,’’ dated
December 3, 2018.
5 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings. See Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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16:57 May 07, 2019
Jkt 247001
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
6 See Welded Stainless Pressure Pipe From India:
Antidumping Duty and Countervailing Duty Orders,
81 FR 81062 (November 17, 2016).
7 Id.
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Sfmt 4703
20099
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
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 the antidumping and/
or countervailing 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 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/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act and 19 CFR
351.221(b)(5).
Dated: May 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–09453 Filed 5–7–19; 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; 2016–2017
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, 2016, through October 31,
2017.
DATES: May 8, 2019.
AGENCY:
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08MYN1
20100
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
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 7, 2018.1 We invited
interested parties to comment on the
Preliminary Results. Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 This
extended the deadline for the final
results to May 16, 2019. On February 19,
2019, Commerce received a case brief
from DuPont Teijin Film, Mitsubishi
Polyester Film, Inc., and SKC Inc.
(collectively, the petitioners).3 No party
filed a rebuttal brief.
Scope of the Order
khammond on DSKBBV9HB2PROD with NOTICES
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.
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative
Review; 2016–2017, 83 FR 63157 (December 7,
2018) (Preliminary Results).
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding affected by the partial federal
government closure have been extended by 40 days.
3 See ‘‘Polyethylene Terephthalate Film, Sheet
and Strip from the United Arab Emirates:
Petitioners’ Case Brief,’’ dated February 19, 2019.
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Jkt 247001
Analysis of Comments Received
All issues raised in the sole case brief
filed in this review are addressed in the
Issues and Decision Memorandum.4 A
list of the topics discussed 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 https://
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 https://enforcement.trade.gov/
frn/. 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 changes to
our margin calculations for JBF.
Specifically, we revised our calculation
of per-unit cost adjustments for direct
labor, variable overhead and fixed
overhead costs.5 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 for the
manufacturer/exporter listed below
exists for the period of November 1,
2016, through October 31, 2017:
Manufacturer/exporter
Weightedaverage
dumping
margin
(percent ad
valorem)
JBF RAK LLC .......................
70.75
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b)(1), Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
4 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; 2016–2017’’
(Issues and Decision Memorandum), dated
concurrently with and herby adopted by this notice.
5 See Issues and Decision Memorandum at 2–3.
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Sfmt 4703
entries of subject merchandise in
accordance with the final results of this
review.6 Commerce intends to issue
appropriate assessment instructions
directly to CBP 15 days after the date of
publication of these final results of
review.
For JBF, we will calculate importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).
We will instruct CBP to continue to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where 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 and for future deposits of
estimated duties, were applicable.
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 Act: (1)
For JBF, the cash deposit rate will be
equal to the weighted-average dumping
margin listed above in the ‘‘Final
Results of Review’’ section; (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
6 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).
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
(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.7 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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).
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Comment
Comment: JBF’s Cost of Production
V. Recommendation
[FR Doc. 2019–09454 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Notification to Importers
International Trade Administration
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.
[C–570–109]
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.
Ceramic Tile From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas at (202) 482–3813;
Moses Song at (202) 482–7885; John
McGowan at (202) 492–3019,
respectively; AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
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).
On April 10, 2019, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
Petition concerning imports of ceramic
tile from the People’s Republic of China
(China), filed in proper form on behalf
of the Coalition for Fair Trade in
Ceramic Tile (the petitioner).1 The CVD
Petition was accompanied by an
antidumping duty (AD) Petition
concerning imports of ceramic tile from
China.
Between April 15 and 24, 2019,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.2 The petitioner filed
7 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).
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Ceramic Tile from the People’s
Republic of China,’’ dated April 10, 2019 (the
Petition); see also Memorandum, ‘‘Decision
Memorandum Concerning the Filing Date of the
Petitions,’’ dated April 16, 2019.
2 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Notification to Interested Parties
khammond on DSKBBV9HB2PROD with NOTICES
Dated: May 1, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
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16:57 May 07, 2019
Jkt 247001
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20101
responses to these requests between
April 17 and April 25, 2019.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of ceramic tile in
China, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing ceramic tile in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
Duties on Imports of Ceramic Tile from the People’s
Republic of China: Supplemental Questions,’’ dated
April 15, 2019 (General Issues Supplemental
Questionnaire); ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Ceramic Tile
from the People’s Republic of China: Supplemental
Questions,’’ dated April 15, 2019 (CVD
Supplemental Questionnaire); see also Memoranda,
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Ceramic Tile
from the People’s Republic of China: Phone Call
with Counsel to the Petitioner,’’ dated April 16,
2019 (April 16, 2019 Memorandum); ‘‘Petitions for
the Imposition of Antidumping and Countervailing
Duties on Imports of Ceramic Tile from the People’s
Republic of China: Phone Call with Counsel to the
Petitioner,’’ dated April 19, 2019 (April 19, 2019
Memorandum); and ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Ceramic Tile from the People’s Republic of
China: Phone Call with Counsel to the Petitioner,’’
dated April 24, 2019 (April 24, 2019
Memorandum).
3 See the Petitioner’s Letters, ‘‘Countervailing
Duty Investigation of Ceramic Tile from the
People’s Republic of China: FTCTs Response to the
Department’s Supplemental Questions on the
Petition,’’ dated April 17, 2019 (General Issues
Supplement); ‘‘Antidumping and Countervailing
Duty Investigation of Ceramic Tile from the
People’s republic of China: FTCT’s Response to the
Department’s Supplemental Questions on the
Petition,’’ dated April 17, 2019 (CVD Supplement
Response); ‘‘Antidumping and Countervailing Duty
Investigation of Ceramic Tile from the People’s
Republic of China: FTCT’s Response to the
Department’s Second Supplemental Questions on
General Issues of Petition pertaining to DOC Case
Nos. A–570–108 & C–570–109,’’ dated April 22,
2019 (Second General Issues Supplement); and
‘‘Antidumping and Countervailing Duty
Investigation of Ceramic Tile from the People’s
Republic of China: FTCT’s Response to the
Department’s Third Supplemental Questions on
General Issues of Petition pertaining to DOC Case
Nos. A–570–108 & C–570–109,’’ dated April 25,
2019 (Third General Issues Supplement).
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]]>Agencies
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20099-20101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09454]
-----------------------------------------------------------------------
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;
2016-2017
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, 2016, through October
31, 2017.
DATES: May 8, 2019.
[[Page 20100]]
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 7, 2018.\1\ We invited interested parties to comment
on the Preliminary Results. Commerce exercised its discretion to toll
all deadlines affected by the partial federal government closure from
December 22, 2018, through the resumption of operations on January 29,
2019.\2\ This extended the deadline for the final results to May 16,
2019. On February 19, 2019, Commerce received a case brief from DuPont
Teijin Film, Mitsubishi Polyester Film, Inc., and SKC Inc.
(collectively, the petitioners).\3\ 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; 2016-2017, 83 FR 63157 (December 7, 2018)
(Preliminary Results).
\2\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days.
\3\ See ``Polyethylene Terephthalate Film, Sheet and Strip from
the United Arab Emirates: Petitioners' Case Brief,'' dated February
19, 2019.
---------------------------------------------------------------------------
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.
Analysis of Comments Received
All issues raised in the sole case brief filed in this review are
addressed in the Issues and Decision Memorandum.\4\ A list of the
topics discussed 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 https://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 https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\4\ 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;
2016-2017'' (Issues and Decision Memorandum), dated concurrently
with and herby adopted by this notice.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made changes to
our margin calculations for JBF. Specifically, we revised our
calculation of per-unit cost adjustments for direct labor, variable
overhead and fixed overhead costs.\5\ A complete discussion of this
change can be found in the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at 2-3.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margin for the manufacturer/exporter listed
below exists for the period of November 1, 2016, through October 31,
2017:
------------------------------------------------------------------------
Weighted-
average dumping
Manufacturer/exporter margin (percent
ad valorem)
------------------------------------------------------------------------
JBF RAK LLC............................................ 70.75
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review.\6\ Commerce intends to issue
appropriate assessment instructions directly to CBP 15 days after the
date of publication of these final results of review.
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
For JBF, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). We will
instruct CBP to continue to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where 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 and for future deposits of estimated
duties, were applicable.
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 Act: (1) For JBF,
the cash deposit rate will be equal to the weighted-average dumping
margin listed above in the ``Final Results of Review'' section; (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
[[Page 20101]]
(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.\7\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\7\ 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).
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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: May 1, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Comment
Comment: JBF's Cost of Production
V. Recommendation
[FR Doc. 2019-09454 Filed 5-7-19; 8:45 am]
BILLING CODE 3510-DS-P
