Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review; 2019-2020, 4196-4197 [2022-01599]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 4196 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices Carrollton, Georgia. The application conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.23) was docketed on January 20, 2022. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the FTZ Board’s website—accessible via www.trade.gov/ ftz. The OFS Fitel facility (518 employees, 44.49 acres) is located within Site 40 of FTZ 26. The facility is used for the production of optical fiber products. In 2020, OFS Fitel requested production authority in a notification proceeding (15 CFR 400.22 and 400.37). After an initial review, the requested production authority was approved subject to restrictions that included a requirement that optical fiber and optical bundles be admitted to the zone in privileged foreign (PF) status (19 CFR 146.41), precluding inverted tariff benefits on those inputs (see B–59–2020, 85 FR 61719–61720, September 30, 2020). The pending application proposes to remove that restriction—which would allow OFS Fitel to choose the duty rates during customs entry procedures that apply to optical fiber cable (duty-free) and optical fibers/bundles/ribbon (duty rate, 6.7%) for the following foreignstatus materials/components (representing an average 27% of the value of the finished product): Drawn optical fiber and drawn optical fiber bundles (duty rate, 6.7%). The request indicates that those materials/ components are subject to special duties under Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status. In accordance with the FTZ Board’s regulations, Diane Finver of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is March 28, 2022. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to April 12, 2022. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. VerDate Sep<11>2014 18:59 Jan 26, 2022 Jkt 256001 For further information, contact Diane Finver at Diane.Finver@trade.gov. Dated: January 21, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–01543 Filed 1–26–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–837] Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 2, 2021, the Department of Commerce (Commerce) published the preliminary results of the administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from Taiwan. The period of review (POR) is July 1, 2019, through June 30, 2020. We received no comments or requests for a hearing. We continue to find that sales of subject merchandise by Nan Ya Plastics Corporation (Nan Ya) were not made at less than normal value during the POR. We also continue to find that Shinkong Materials Technology Corporation (SMTC) had no shipments of subject merchandise during the POR. DATES: Applicable January 27, 2022. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 2, 2021, Commerce published the preliminary results for this administrative review.1 On August 25, 2021, we issued a supplemental questionnaire to Nan Ya.2 The 1 See Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019– 2020, 86 FR 41443 (August 2, 2021) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM). 2 See Commerce’s Letter, ‘‘2019–2020 Administrative Review of the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet and Strip (PET Film): Supplemental Questionnaire,’’ dated August 25, 2021. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 petitioners 3 requested an extension of the briefing schedule on August 25, 2021.4 On August 27, 2021, we notified parties that we would reset the deadlines to submit case briefs at a later date.5 On September 2, 2021, Nan Ya submitted its response to our supplemental questionnaire.6 On November 15, 2021, Commerce extended the deadline for these final results to January 28, 2022.7 Commerce established the revised deadlines for the briefing schedule on November 23, 2021.8 No interested party submitted comments or requested a hearing in this administrative review. 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.9 The products covered by the 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 Order is dispositive. Final Determination of No Shipments Because we received no comments on the Preliminary Results, we have made no changes to the preliminary 3 The petitioners are DuPont Teijin Films; Mitsubishi Polyester Film, Inc.; and SKC, Inc. 4 See Petitioners’ Letter, ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and Strip from Taiwan: Request for Extension of Briefing Schedule,’’ dated August 25, 2021. 5 See Memorandum, Extending Briefing Schedule, ‘‘2019–2020 Antidumping Duty Administrative Review of Polyethylene Terephthalate (PET) Film, Sheet and Strip from Taiwan,’’ dated August 27, 2021. 6 See Nan Ya’s Letter, ‘‘Polyethylene Terephthalate (PET) Film, Sheet, and Strip from Taiwan: Supplemental Questionnaire Response,’’ dated September 2, 2021 (Nan Ya’s SQR). 7 See Memorandum, ‘‘2019–2020 Antidumping Duty Administrative Review of Polyethylene Terephthalate (PET) Film, Sheet, and Strip from Taiwan,’’ dated November 15, 2021. 8 See Memorandum, ‘‘Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from TaiwanBriefing,’’ dated November 23, 2021. 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 at 46566 (July 15, 2002) (Order). E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices 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, we continue to determine that SMTC had no shipments of the subject merchandise during the POR.10 appropriate entries without regard to dumping duties.14 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 Final Results of Review withdrawn from warehouse, for consumption on or after the publication As noted above, Commerce received date, as provided for by section no comments concerning the 751(a)(2)(C) of the Act: (1) The cash Preliminary Results. Nan Ya submitted deposit rate for Nan Ya will be zero, the values for U.S. inventory carrying costs, rate established in the final results of which had been inadvertently omitted this review; (2) for previously reviewed in its prior filings.11 We incorporated or investigated companies not covered these corrections into these final in this review, the cash deposit rate will results 12 and continue to find that sales continue to be the company-specific rate of subject merchandise by Nan Ya were published for the most recent period; (3) not made at less than normal value if the exporter is not a firm covered in this or any previous review or in the during the POR. Accordingly, no original less-than-fair-value (LTFV) decision memorandum accompanies this Federal Register notice. For further investigation but the manufacturer is, the cash-deposit rate will be the rate details of the issues addressed in this established for the most recent period proceeding, see the Preliminary Results for the manufacturer of the and the accompanying Preliminary merchandise; and (4) if neither the Decision Memorandum.13 The final exporter nor the manufacturer is a firm weighted-average dumping margin for the period July 1, 2019, through June 30, covered in this or any previous review or the investigation, the cash-deposit 2020, for Nan Ya is as follows: rate will continue to be the all-others Weighted- rate of 2.40 percent, which is the allaverage others rate established by Commerce in Producer/exporter margin the LTFV investigation.15 These cash (percent) deposit requirements, when imposed, shall remain in effect until further Nan Ya Plastics Corporation ...... 0.00 notice. Assessment Rates lotter on DSK11XQN23PROD with NOTICES1 Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to issue appropriate assessment instructions directly to CBP no earlier than 35 days after the date of publication of the final results of this administrative review. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Because we calculated a zero margin in the final results of this review for Nan Ya, in accordance with 19 CFR 351.212, we will instruct CBP to liquidate the Disclosure Commerce will disclose to interested parties the calculations performed in connection with the final results within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties 14 See 19 CFR 351.106(c)(2). Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film), 67 FR at 44174, 44175 (July 1, 2002), unchanged in Order; see also Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan, 67 FR 35474 (May 20, 2002). 15 See 10 For a full discussion of this determination, see Preliminary Results PDM. 11 See Nan Ya’s SQR at 7. 12 See Memorandum, ‘‘Nan Ya’s Final Analysis Memorandum,’’ dated concurrently with the signature of this Federal Register notice. 13 See Preliminary Results PDM. VerDate Sep<11>2014 17:53 Jan 26, 2022 Jkt 256001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 4197 occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders 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. 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)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: January 21, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–01599 Filed 1–26–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Rescission of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based upon the timely withdrawal of all review requests, the Department of Commerce (Commerce) is rescinding the administrative reviews covering the periods of review and the antidumping duty (AD) and countervailing duty (CVD) orders identified in the table below. DATES: Applicable January 27, 2022. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: Background Based upon timely requests for review, Commerce initiated administrative reviews of certain E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4196-4197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01599]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: On August 2, 2021, the Department of Commerce (Commerce) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyethylene terephthalate film, sheet, and 
strip (PET film) from Taiwan. The period of review (POR) is July 1, 
2019, through June 30, 2020. We received no comments or requests for a 
hearing. We continue to find that sales of subject merchandise by Nan 
Ya Plastics Corporation (Nan Ya) were not made at less than normal 
value during the POR. We also continue to find that Shinkong Materials 
Technology Corporation (SMTC) had no shipments of subject merchandise 
during the POR.

DATES: Applicable January 27, 2022.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2021, Commerce published the preliminary results for 
this administrative review.\1\ On August 25, 2021, we issued a 
supplemental questionnaire to Nan Ya.\2\ The petitioners \3\ requested 
an extension of the briefing schedule on August 25, 2021.\4\ On August 
27, 2021, we notified parties that we would reset the deadlines to 
submit case briefs at a later date.\5\ On September 2, 2021, Nan Ya 
submitted its response to our supplemental questionnaire.\6\ On 
November 15, 2021, Commerce extended the deadline for these final 
results to January 28, 2022.\7\ Commerce established the revised 
deadlines for the briefing schedule on November 23, 2021.\8\ No 
interested party submitted comments or requested a hearing in this 
administrative review. 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; 2019-2020, 86 
FR 41443 (August 2, 2021) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Commerce's Letter, ``2019-2020 Administrative Review of 
the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet 
and Strip (PET Film): Supplemental Questionnaire,'' dated August 25, 
2021.
    \3\ The petitioners are DuPont Teijin Films; Mitsubishi 
Polyester Film, Inc.; and SKC, Inc.
    \4\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from Taiwan: Request for Extension of 
Briefing Schedule,'' dated August 25, 2021.
    \5\ See Memorandum, Extending Briefing Schedule, ``2019-2020 
Antidumping Duty Administrative Review of Polyethylene Terephthalate 
(PET) Film, Sheet and Strip from Taiwan,'' dated August 27, 2021.
    \6\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from Taiwan: Supplemental Questionnaire 
Response,'' dated September 2, 2021 (Nan Ya's SQR).
    \7\ See Memorandum, ``2019-2020 Antidumping Duty Administrative 
Review of Polyethylene Terephthalate (PET) Film, Sheet, and Strip 
from Taiwan,'' dated November 15, 2021.
    \8\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip (PET Film) from Taiwan- Briefing,'' dated November 23, 
2021.
---------------------------------------------------------------------------

Scope of the Order.9
---------------------------------------------------------------------------

    \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 at 46566 (July 15, 2002) (Order).
---------------------------------------------------------------------------

    The products covered by the 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 Order is dispositive.

Final Determination of No Shipments

    Because we received no comments on the Preliminary Results, we have 
made no changes to the preliminary

[[Page 4197]]

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, we 
continue to determine that SMTC had no shipments of the subject 
merchandise during the POR.\10\
---------------------------------------------------------------------------

    \10\ For a full discussion of this determination, see 
Preliminary Results PDM.
---------------------------------------------------------------------------

Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. Nan Ya submitted values for U.S. inventory 
carrying costs, which had been inadvertently omitted in its prior 
filings.\11\ We incorporated these corrections into these final results 
\12\ and continue to find that sales of subject merchandise by Nan Ya 
were not made at less than normal value during the POR. Accordingly, no 
decision memorandum accompanies this Federal Register notice. For 
further details of the issues addressed in this proceeding, see the 
Preliminary Results and the accompanying Preliminary Decision 
Memorandum.\13\ The final weighted-average dumping margin for the 
period July 1, 2019, through June 30, 2020, for Nan Ya is as follows:
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    \11\ See Nan Ya's SQR at 7.
    \12\ See Memorandum, ``Nan Ya's Final Analysis Memorandum,'' 
dated concurrently with the signature of this Federal Register 
notice.
    \13\ See Preliminary Results PDM.

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

Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries in this review, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to 
issue appropriate assessment instructions directly to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative review. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication). Because we calculated a zero margin in the final results 
of this review for Nan Ya, in accordance with 19 CFR 351.212, we will 
instruct CBP to liquidate the appropriate entries without regard to 
dumping duties.\14\
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    \14\ See 19 CFR 351.106(c)(2).
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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, 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.\15\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \15\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film), 67 FR at 44174, 
44175 (July 1, 2002), unchanged in Order; see also Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan, 67 FR 
35474 (May 20, 2002).
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Disclosure

    Commerce will disclose to interested parties the calculations 
performed in connection with the final results within five days of the 
date of publication of the notice of final results in the Federal 
Register, in accordance with 19 CFR 351.224(b).

Reimbursement of Duties

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

Administrative Protective Orders

    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.

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)(1) of the Act, 
and 19 CFR 351.221(b)(5).

    Dated: January 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-01599 Filed 1-26-22; 8:45 am]
BILLING CODE 3510-DS-P