Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 1139-1140 [2020-00147]

Download as PDF Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–583–837] Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) continues to find that Nan Ya Plastics Company (Nan Ya), a producer/exporter of polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan, did not sell subject merchandise at less than normal value during the period July 1, 2019 through June 30, 2018 (POR). In addition, we continue to find that Shinkong Materials Technology Corporation (SMTC) had no shipments of subject merchandise during the POR. SUMMARY: DATES: Applicable January 9, 2020. 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 lotter on DSKBCFDHB2PROD with NOTICES On September 12, 2019, Commerce published the Preliminary Results for this administrative review.1 We postponed the briefing schedule on October 10, 2019.2 We issued a supplemental questionnaire to Nan Ya.3 On November 13, 2019, Nan Ya submitted its response to the supplemental questionnaire.4 We invited interested parties to comment on 1 See Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017– 2018, 84 FR 48112 (September 12, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan— Briefing Schedule,’’ dated October 10, 2019. 3 See Commerce’s Letter, ‘‘2017–2018 Administrative Review of the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet and Strip (PET Film): Second Supplemental Questionnaire,’’ dated November 6, 2019. 4 See Nan Ya’s Letter, ‘‘Polyethylene Terephthalate (PET) Film from Taiwan,’’ dated November 13, 2019 (Nan Ya’s BCSQR). VerDate Sep<11>2014 20:20 Jan 08, 2020 Jkt 250001 the Preliminary Results.5 We have not received any comments or requests for a hearing from any party. 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 The products covered by the antidumping duty order are all gauges of raw, pretreated, or primed 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 polyethylene terephthalate film, sheet, and strip 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 SMTC and its affiliate Shinkong Synthetic Fibers Corporation (SSFC), we continue to determine that SMTC and SSFC had no shipments of the subject merchandise during the POR. Final Results of Review As noted above, Commerce received no comments concerning the Preliminary Results. We reviewed the information submitted in Nan Ya’s BCSQR,6 and find no reason to make changes to the Preliminary Results. As there are no changes from, or comments upon, the Preliminary Results, Commerce finds that there is no reason to modify its analysis and calculations.7 Thus, we continue to find that sales of subject merchandise by Nan Ya were not made at less than normal value during the POR. For further details of the issues addressed in this proceeding, see the Preliminary Results and the accompanying Preliminary Decision Memorandum. The final weighted-average dumping margin for the period July 1, 2017 through June 30, 2018, for Nan Ya is as follows: 5 See Memorandum, ‘‘Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan— Briefing Schedule,’’ dated November 19, 2019. 6 See Nan Ya’s BCSQR. 7 Consequently, we have not issued an Issues and Decision Memorandum to accompany these final results. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1139 Manufacturer/exporter Weightedaverage dumping margin (percent) Nan Ya Plastics Corporation .... 0.00 Assessment Rates We have not calculated any assessment rates in this administrative review. For Nan Ya, we calculated a zero margin in the final results of this review. Therefore, in accordance with 19 CFR 351.212 we will instruct CBP to liquidate the appropriate entries without regard to dumping duties. For SMTC/SSFC, we determined that there were no shipments of the subject merchandise. Therefore, pursuant to Commerce’s assessment practice, we will instruct CBP to liquidate any such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. Commerce intends to issue appropriate assessment instructions to CBP after the publication date of the final results of this administrative review. 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 zero, 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, then 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.8 These cash deposit requirements, when imposed, 8 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 44175 (July 15, 2002). E:\FR\FM\09JAN1.SGM 09JAN1 1140 Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Notices shall remain in effect until further notice. Notification of Importers 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. 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(b)(5). Dated: January 3, 2020. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–00147 Filed 1–8–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XR048] Take of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the North Jetty Maintenance and Repairs Project, Coos Bay, Oregon National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; Issuance of Incidental Harassment Authorizations. lotter on DSKBCFDHB2PROD with NOTICES AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as SUMMARY: VerDate Sep<11>2014 20:20 Jan 08, 2020 Jkt 250001 amended, notification is hereby given that NMFS has issued incidental harassment authorizations (IHAs) to the U.S. Army Corps of Engineers (USACE) to incidentally harass, by Level B harassment only, marine mammals during pile driving and removal activities over two years associated with the Coos Bay North Jetty maintenance and repairs project. DATES: These Authorizations are effective from September 1, 2020 through August 31, 2021 (pile driving removal (Year 1)) and July 1, 2022 through June 30, 2023 (pile driving installation (Year 2)). FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Under the MMPA, ‘‘take’’ is defined as meaning to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On March 18, 2019, NMFS received a request from USACE for two IHAs to take marine mammals incidental to vibratory pile driving and removal associated with the North Jetty maintenance and repairs project, Coos Bay, Oregon over the course of two years with pile installation occurring during Year 1 and pile removal occurring during Year 2. The application was deemed adequate and complete on September 10, 2019. The USACE’s request was for take of a small number of seven species of marine mammals by Level B harassment only. Neither USACE nor NMFS expects injury, serious injury or mortality to result from this activity and, therefore, IHAs are appropriate. The USACE, in coordination with the Oregon Department of Fish and Wildlife (ODFW) and NMFS’ Northwest Region, plans to conduct pile driving and removal October 1st through February 15th and June 1st and July 31st to minimize effects to listed salmonids. Adherence to the in-water work window is part of USACE’s Endangered Species Act (ESA) consultation under Standard Local Operating Procedures for Endangered Species (SLOPES) to administer actions authorized or carried out by the USACE in Oregon (SLOPES IV In-water Over-water Structures). The ODFW will make the final determination of the in-water work window. Description of Planned Activity Coos Bay is an approximately 55.28 km2 estuary located in Coos County on the Oregon coast, approximately 200 miles south of the Columbia River. The USACE plans to repair critically damaged sections of the North Jetty, monitor erosion, and to maintain stable deep-draft navigation through the entrance into Coos Bay. Repair activities completed now will reduce the risk of jetty failure or a potential breach of the Coos Bay North Spit (CBNS). The USACE maintains this jetty system and navigational channels, and is planning on conducting major repairs and rehabilitation of the North Jetty. The USACE plans to use vibratory pile driving/removal for the Material Offloading Facility (MOF) portion of the E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Notices]
[Pages 1139-1140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00147]



[[Page 1139]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Nan Ya Plastics Company (Nan Ya), a producer/exporter of polyethylene 
terephthalate film, sheet, and strip (PET Film) from Taiwan, did not 
sell subject merchandise at less than normal value during the period 
July 1, 2019 through June 30, 2018 (POR). In addition, we continue to 
find that Shinkong Materials Technology Corporation (SMTC) had no 
shipments of subject merchandise during the POR.

DATES: Applicable January 9, 2020.

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 September 12, 2019, Commerce published the Preliminary Results 
for this administrative review.\1\ We postponed the briefing schedule 
on October 10, 2019.\2\ We issued a supplemental questionnaire to Nan 
Ya.\3\ On November 13, 2019, Nan Ya submitted its response to the 
supplemental questionnaire.\4\ We invited interested parties to comment 
on the Preliminary Results.\5\ We have not received any comments or 
requests for a hearing from any party. 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; 2017-2018, 84 
FR 48112 (September 12, 2018) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip (PET Film) from Taiwan--Briefing Schedule,'' dated October 
10, 2019.
    \3\ See Commerce's Letter, ``2017-2018 Administrative Review of 
the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet 
and Strip (PET Film): Second Supplemental Questionnaire,'' dated 
November 6, 2019.
    \4\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) Film 
from Taiwan,'' dated November 13, 2019 (Nan Ya's BCSQR).
    \5\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip (PET Film) from Taiwan--Briefing Schedule,'' dated 
November 19, 2019.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed 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 polyethylene terephthalate film, sheet, and 
strip 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 SMTC and its affiliate Shinkong 
Synthetic Fibers Corporation (SSFC), we continue to determine that SMTC 
and SSFC had no shipments of the subject merchandise during the POR.

Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. We reviewed the information submitted in Nan Ya's 
BCSQR,\6\ and find no reason to make changes to the Preliminary 
Results. As there are no changes from, or comments upon, the 
Preliminary Results, Commerce finds that there is no reason to modify 
its analysis and calculations.\7\ Thus, we continue to find that sales 
of subject merchandise by Nan Ya were not made at less than normal 
value during the POR. For further details of the issues addressed in 
this proceeding, see the Preliminary Results and the accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Nan Ya's BCSQR.
    \7\ Consequently, we have not issued an Issues and Decision 
Memorandum to accompany these final results.
---------------------------------------------------------------------------

    The final weighted-average dumping margin for the period July 1, 
2017 through June 30, 2018, for Nan Ya is as follows:

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

Assessment Rates

    We have not calculated any assessment rates in this administrative 
review. For Nan Ya, we calculated a zero margin in the final results of 
this review. Therefore, in accordance with 19 CFR 351.212 we will 
instruct CBP to liquidate the appropriate entries without regard to 
dumping duties. For SMTC/SSFC, we determined that there were no 
shipments of the subject merchandise. Therefore, pursuant to Commerce's 
assessment practice, we will instruct CBP to liquidate any such entries 
at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. Commerce intends to issue 
appropriate assessment instructions to CBP after the publication date 
of the final results of this administrative review.

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 zero, 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, then 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.\8\ These cash deposit requirements, when imposed,

[[Page 1140]]

shall remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ 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 44175 (July 15, 2002).
---------------------------------------------------------------------------

Notification of Importers

    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. 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(b)(5).

    Dated: January 3, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00147 Filed 1-8-20; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.