Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 48112-48114 [2019-19792]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48112-48114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19792]


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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; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
exporters of polyethylene terephthalate film, sheet, and strip (PET 
film) from Taiwan did not sell subject merchandise at prices below 
normal value (NV). Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable September 12, 2019.

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:

Background

    On July 3, 2018, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
Order on PET film from Taiwan.\1\ Nan Ya Plastics Corporation (Nan Ya) 
self-requested an administrative review of its sales on July 23, 
2018.\2\ On July 27, 2018, and July 31, 2018, Polyplex USA LLC 
(Polyplex USA), a domestic producer and interested party, and the 
petitioners,\3\ each requested reviews of Nan Ya and Shinkong Materials 
Technology Corporation (SMTC).\4\ On September 10,

[[Page 48113]]

2018, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a 
notice of initiation of administrative review of the AD Order on PET 
film from Taiwan.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 31121 (July 3, 2018) (Order).
    \2\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) Film 
from Taiwan,'' dated July 23, 2018.
    \3\ The petitioners are DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., and SKC, Inc.
    \4\ See Polyplex USA's Letter, ``Polyethylene Terephthalate 
(PET) Film, Sheet, and Strip from Taiwan: Request for Antidumping 
Duty Administrative Review,'' dated July 27, 2018; see also the 
Petitioners' Letter, ``Polyethylene Terephthalate (PET) Film, Sheet, 
and Strip from Taiwan: Request for Antidumping Duty Administrative 
Review,'' dated July 31, 2018.
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation 
Notice).
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    On January 28, 2019, Commerce issued a memorandum tolling all 
deadlines for this administrative review by 40 days.\6\ On May 8, 2019, 
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.213(h)(2), Commerce extended the due 
date for the preliminary results by 50 days (from May 13, 2019, to July 
2, 2019).\7\ On June 24, 2019, in accordance with section 751(a)(3)(A) 
of the Act and 19 CFR 51.213(h)(2),Commerce extended the due date for 
the preliminary results by an additional 66 days to September 6, 
2019.\8\
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    \6\ 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 
have been extended by 40 days.
    \7\ See Memorandum, ``Polyethylene Terephthalate (PET) Film, 
Sheet and Strip from Taiwan: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review--2017-2018,'' 
dated May 8, 2019.
    \8\ See Memorandum, ``Polyethylene Terephthalate (PET) Film from 
Taiwan: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review (2017-2018),'' dated June 24, 2019.
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Scope of the Order

    The merchandise subject to the Order is PET film\9\ and is 
currently classifiable under subheading 3920.62.00.90 of the Harmonized 
Tariff Schedule of the United States.\10\ A full description of the 
scope of the Order is contained in the accompanying Preliminary 
Decision Memorandum.
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    \9\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan, 67 FR 44174 (July 1, 2002) (Order).
    \10\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Polyethylene Terephthalate Film, 
Sheet, and Strip from Taiwan; 2017-2018'' (Preliminary Decision 
Memorandum), which is hereby adopted by this notice.
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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 as an 
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 
https://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 Preliminary Decision Memorandum can be 
accessed directly on the internet at https://enforcement.trade.gov/frn/. 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, 2017, 
through June 30, 2018.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
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Nan Ya Plastics Corporation.................................        0.00
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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 no 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 no 
later than five days after the date for filing case briefs.\11\ 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.\12\
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    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the 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 
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 issuance of the final results in this administrative review, 
Commerce shall determine and U.S. Customs and Border Protection (CBP) 
shall assess antidumping duties on all appropriate entries in 
accordance with 19 CFR 351.212(b). If the weighted-average dumping 
margin for Nan Ya is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, we will calculate the 
importer-specific ad valorem assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for each 
importer's examined sales and the total entered value of the sales in 
accordance with 19 CFR 351.212(b)(1).
    Where the respondent'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 and for 
future deposits of estimated duties, where applicable.

[[Page 48114]]

    For entries of subject merchandise during the POR produced by the 
respondent for which it did not know that its merchandise was destined 
for the United States, 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. 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.\13\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ See Order.
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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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

    Dated: September 6, 2019.
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 Determination of No Shipments for SMTC
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2019-19792 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P