Polyethylene Terephthalate Film, Sheet and Strip From India and Taiwan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 59355-59356 [2019-24044]

Download as PDF Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Notices exist with respect to imports of collated staples from China shipped by Best Nail, Xin Group, Ningbo Deli, and all other producers and exporters. Final Critical Circumstances Determinations We will issue our final determinations concerning critical circumstances when we issue our final CVD and AD determinations. All interested parties will have the opportunity to address these determinations in case briefs to be submitted after the issuance of the preliminary CVD and AD determinations. Commerce will specify the applicable deadlines at a later date. ITC Notification In accordance with sections 703(f) and 733(f) of the Act, we will notify the ITC of these preliminary determinations of critical circumstances. Suspension of Liquidation In accordance with section 703(e)(2) of the Act, because we have preliminarily found that critical circumstances exist with regard to imports from all producers and exporters of collated staples from China, if we make an affirmative preliminary determination that countervailable subsidies have been provided to these same producers/exporters at above de minimis rates, we will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from these producers/exporters that are entered, or withdrawn from warehouse for consumption, on or after the date that is 90 days prior to the effective date of provisional measures (e.g., the date of publication in the Federal Register of the notice of an affirmative preliminary determination that countervailable subsidies have been provided at above de minimis rates). At such time, we will also instruct CBP to require a cash deposit equal to the estimated preliminary subsidy rates reflected in the preliminary determination published in the Federal Register. The suspension of liquidation will remain in effect until further notice. In accordance with section 733(e)(2) of the Act, because we have preliminarily found that critical circumstances exist with regard to imports from certain producers and exporters of collated staples from China, if we make an affirmative preliminary determination that sales at LTFV have been made by these same producers/ exporters at above de minimis rates, we will instruct CBP to suspend liquidation of all entries of subject merchandise from these producers/exporters that are VerDate Sep<11>2014 20:48 Nov 01, 2019 Jkt 250001 entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days prior to the effective date of provisional measures (e.g., the date of publication in the Federal Register of the notice of an affirmative preliminary determination of sales at LTFV at above de minimis rates). At such time, we will also instruct CBP to require a cash deposit equal to the estimated preliminary dumping margins reflected in the preliminary determination published in the Federal Register. The suspension of liquidation will remain in effect until further notice. Notification to Interested Parties These determinations are issued and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.206(c)(2). Dated: October 24, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–23732 Filed 11–1–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–824, A–583–837] Polyethylene Terephthalate Film, Sheet and Strip From India and Taiwan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these expedited sunset reviews, Commerce finds that revocation of the antidumping duty orders would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: DATES: Applicable November 4, 2019. 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 July 1, 2019, Commerce published the notice of initiation of the third sunset reviews of the antidumping duty orders on polyethylene terephthalate film, sheet, and strip (PET Film) from PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 59355 India and Taiwan 1 pursuant to section 751(c) of the Act.2 On July 11, 2019, and July 16, 2019, Commerce received notices of intent to participate from the petitioners 3 and Terphane LLC (Terphane), respectively.4 Each filing was timely submitted within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i). The petitioners and Terphane each claimed interested party status under section 771(9)(C) of the Act as a producer of PET Film in the United States. On July 31, 2019, Commerce received adequate substantive responses to the notice of initiation from the petitioners as well as from Terphane, a manufacturer of domestic like product, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 On July 31, 2019, Polyplex USA LLC, (Polyplex USA), a domestic interested party, filed a notice of appearance and a substantive response.6 We received no substantive responses from respondent interested parties with respect to either of the orders covered by these sunset reviews. On September 3, 2019, Commerce notified the U.S. International Trade 1 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 from India, 67 FR 44175 (July 1, 2002) (Antidumping Duty Order). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 31304 (July 1 2019). 3 The petitioners are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc. 4 See Petitioners’ Letters, ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India: Notice of Intent to Participate in Sunset Review,’’ dated July 11; 2019; and ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and Strip from Taiwan: Notice of Intent to Participate in Sunset Review, ‘‘dated July 11, 2019; Terphane’s Letter, ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Order on Polyethylene Terephthalate (PET) Film, Sheet, And Strip from India: Notice of Intent to Participate,’’ dated July 16, 2019;’’ see also Terphane’s Letter, ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Order on Polyethylene Terephthalate (PET) Film, Sheet, And Strip from Taiwan: Notice of Intent to Participate,’’ dated July 16, 2019. 5 See Petitioners’ Letters, Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India: Substantive Response to the Notice of Initiation,’’ dated July 31, 2019 (Petitioners’ India Substantive Response); and, Polyethylene Terephthalate (PET) Film, Sheet, and Strip from Taiwan: Substantive Response to the Notice of Initiation,’’ dated July 31, 2019 (Petitioners’ Taiwan Substantive Response); see alsoTerphane’s Letter, ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Orders on Polyethylene Terephthalate (PET) Film, Sheet, And Strip from India And Taiwan, and Countervailing Duty Order on PET Film, Sheet, And Strip from India: Terphane’s Substantive Response, ’’ dated July 31, 2019 (Terphane’s Substantive Response). 6 See Polyplex USA LLC’s notice of appearance, dated July 31, 2019; see also Polyplex USA LLC’s Letter, ‘‘Polyethylene Terephthalate (PET) Film from India and Taiwan: Response to the Notice of Initiation of Five-Year (Sunset) Reviews and Support for Continuation of the Orders,’’ dated July 31, 2019. E:\FR\FM\04NON1.SGM 04NON1 59356 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Notices Commission that it did not receive an adequate substantive response from respondent interested parties.7 As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting expedited (120-day) sunset reviews of the antidumping duty orders on PET Film from India and Taiwan. Scope of the Orders The products covered by this Order is PET Film and is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. A full description of the scope of the Order is contained in the accompanying Issues and Decision Memorandum.8 Analysis of Comments Received 9 All issues raised in these sunset reviews are addressed in the Issues and Decision Memorandum,10 which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the orders were revoked. The Issues and 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 to all in the Central Records Unit, Room B8024 of the main Commerce building. A list of topics discussed in the Issues and Decision Memorandum is included as an Appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https:// enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic version of the Issues and 7 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on July 1, 2019,’’ dated September 3, 2019. 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Third Sunset Reviews of the Antidumping Duty Orders on Polyethylene Terephthalate Film, Sheet and Strip from India and Taiwan,’’ dated concurrently with this notice (Issues and Decision Memorandum). 9 19 CFR 351.218(d)(1)(i) states that where a domestic interested party intends to participate in a sunset review, it must file a notice of intent to participate with Commerce within 15 days after the publications of the notice of initiation. As noted above, Polyplex USA untimely filed its notice of appearance on July 31, 2019. 19 CFR 351.218(d)(1)(iii)(A) states that Commerce will not accept or consider any unsolicited submissions from that party during the course of the review. Accordingly, we have not considered Polyplex USA’s submissions. 10 See Issues and Decision Memorandum. VerDate Sep<11>2014 20:48 Nov 01, 2019 Jkt 250001 Decision Memorandum are identical in content. Final Results of Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty orders on PET Film from India and Taiwan would be likely to lead to the continuation or recurrence of dumping at weighted-average dumping margins up to 24.10 percent for India and 8.99 percent for Taiwan. Notification to Interested Parties This notice also serves as the only 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. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: October 29, 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 Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2019–24044 Filed 11–1–19; 8:45 am] BILLING CODE 3510–DS–P PO 00000 DEPARTMENT OF COMMERCE International Trade Administration C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of the Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India would be likely to lead to continuation or recurrence of countervailable subsidies as indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable November 4, 2019. FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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) 482–0197. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2019, Commerce published the initiation of the five-year (sunset) review of the countervailing duty order on PET film from India, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 Commerce received notices of intent to participate in this sunset review from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Terphane LLC (collectively, domestic interested parties), within the 15-day period specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as producers of the domestic like product. Commerce received adequate substantive responses to the Notice of Initiation from the domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i). Commerce received no substantive response from any respondent interested parties. In accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 1 See Initiation of Five-Year (Sunset) Reviews, 84 FR 31304 (July 1, 2019). Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59355-59356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24044]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824, A-583-837]


Polyethylene Terephthalate Film, Sheet and Strip From India and 
Taiwan: Final Results of the Expedited Third Sunset Reviews of the 
Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, Commerce finds 
that revocation of the antidumping duty orders would be likely to lead 
to the continuation or recurrence of dumping at the levels indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Applicable November 4, 2019.

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 July 1, 2019, Commerce published the notice of initiation of the 
third sunset reviews of the antidumping duty orders on polyethylene 
terephthalate film, sheet, and strip (PET Film) from India and Taiwan 
\1\ pursuant to section 751(c) of the Act.\2\ On July 11, 2019, and 
July 16, 2019, Commerce received notices of intent to participate from 
the petitioners \3\ and Terphane LLC (Terphane), respectively.\4\ Each 
filing was timely submitted within the 15-day deadline specified in 19 
CFR 351.218(d)(1)(i). The petitioners and Terphane each claimed 
interested party status under section 771(9)(C) of the Act as a 
producer of PET Film in the United States.
---------------------------------------------------------------------------

    \1\ 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 from India, 67 FR 
44175 (July 1, 2002) (Antidumping Duty Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 31304 
(July 1 2019).
    \3\ The petitioners are DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., and SKC, Inc.
    \4\ See Petitioners' Letters, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Notice of Intent to Participate 
in Sunset Review,'' dated July 11; 2019; and ``Polyethylene 
Terephthalate (PET) Film, Sheet, and Strip from Taiwan: Notice of 
Intent to Participate in Sunset Review, ``dated July 11, 2019; 
Terphane's Letter, ``Five-Year (``Sunset'') Review of Antidumping 
Order on Polyethylene Terephthalate (PET) Film, Sheet, And Strip 
from India: Notice of Intent to Participate,'' dated July 16, 
2019;'' see also Terphane's Letter, ``Five-Year (``Sunset'') Review 
of Antidumping Order on Polyethylene Terephthalate (PET) Film, 
Sheet, And Strip from Taiwan: Notice of Intent to Participate,'' 
dated July 16, 2019.
---------------------------------------------------------------------------

    On July 31, 2019, Commerce received adequate substantive responses 
to the notice of initiation from the petitioners as well as from 
Terphane, a manufacturer of domestic like product, within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ On July 31, 2019, 
Polyplex USA LLC, (Polyplex USA), a domestic interested party, filed a 
notice of appearance and a substantive response.\6\ We received no 
substantive responses from respondent interested parties with respect 
to either of the orders covered by these sunset reviews.
---------------------------------------------------------------------------

    \5\ See Petitioners' Letters, Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Substantive Response to the 
Notice of Initiation,'' dated July 31, 2019 (Petitioners' India 
Substantive Response); and, Polyethylene Terephthalate (PET) Film, 
Sheet, and Strip from Taiwan: Substantive Response to the Notice of 
Initiation,'' dated July 31, 2019 (Petitioners' Taiwan Substantive 
Response); see alsoTerphane's Letter, ``Five-Year (``Sunset'') 
Review of Antidumping Orders on Polyethylene Terephthalate (PET) 
Film, Sheet, And Strip from India And Taiwan, and Countervailing 
Duty Order on PET Film, Sheet, And Strip from India: Terphane's 
Substantive Response, '' dated July 31, 2019 (Terphane's Substantive 
Response).
    \6\ See Polyplex USA LLC's notice of appearance, dated July 31, 
2019; see also Polyplex USA LLC's Letter, ``Polyethylene 
Terephthalate (PET) Film from India and Taiwan: Response to the 
Notice of Initiation of Five-Year (Sunset) Reviews and Support for 
Continuation of the Orders,'' dated July 31, 2019.
---------------------------------------------------------------------------

    On September 3, 2019, Commerce notified the U.S. International 
Trade

[[Page 59356]]

Commission that it did not receive an adequate substantive response 
from respondent interested parties.\7\ As a result, pursuant to 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce is conducting expedited (120-day) 
sunset reviews of the antidumping duty orders on PET Film from India 
and Taiwan.
---------------------------------------------------------------------------

    \7\ See Commerce's Letter, ``Sunset Reviews Initiated on July 1, 
2019,'' dated September 3, 2019.
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by this Order is PET Film and is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 3920.62.00.90. A full description of the 
scope of the Order is contained in the accompanying Issues and Decision 
Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Third Sunset Reviews of the Antidumping Duty Orders on 
Polyethylene Terephthalate Film, Sheet and Strip from India and 
Taiwan,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received \9\
---------------------------------------------------------------------------

    \9\ 19 CFR 351.218(d)(1)(i) states that where a domestic 
interested party intends to participate in a sunset review, it must 
file a notice of intent to participate with Commerce within 15 days 
after the publications of the notice of initiation. As noted above, 
Polyplex USA untimely filed its notice of appearance on July 31, 
2019. 19 CFR 351.218(d)(1)(iii)(A) states that Commerce will not 
accept or consider any unsolicited submissions from that party 
during the course of the review. Accordingly, we have not considered 
Polyplex USA's submissions.
---------------------------------------------------------------------------

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum,\10\ which is hereby adopted by this 
notice. The issues discussed in the Issues and Decision Memorandum are 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margin likely to prevail if the orders were 
revoked. The Issues and 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 
to all in the Central Records Unit, Room B8024 of the main Commerce 
building. A list of topics discussed in the Issues and Decision 
Memorandum is included as an Appendix to this notice. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at https://enforcement.trade.gov/frn. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \10\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty orders on 
PET Film from India and Taiwan would be likely to lead to the 
continuation or recurrence of dumping at weighted-average dumping 
margins up to 24.10 percent for India and 8.99 percent for Taiwan.

Notification to Interested Parties

    This notice also serves as the only 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. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: October 29, 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 Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2019-24044 Filed 11-1-19; 8:45 am]
 BILLING CODE 3510-DS-P

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