Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 41378-41380 [2023-13520]
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ddrumheller on DSK120RN23PROD with NOTICES1
41378
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
Initiation of CCR
DEPARTMENT OF COMMERCE
Pursuant to section 751(b)(1)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(d), Commerce
conducts a CCR upon receipt of
information concerning, or a request
from, an interested party for a review of
an AD or CVD order which shows
changed circumstances sufficient to
warrant a review of the order. The
information Global Stone provided
regarding Bada Industries’ exports of
quartz surface products demonstrates
changed circumstances sufficient to
warrant such a review.7 Therefore, we
are initiating a CCR pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(d) based upon the information
contained in Global Stone’s submission
to determine whether Bada Industries is
eligible to certify that its quartz surface
products are not produced from
Chinese-origin quartz slab.
Commerce will issue a questionnaire
requesting additional information from
Global Stone for this CCR regarding its
quartz slab and will publish in the
Federal Register a notice of the
preliminary results, in accordance with
19 CFR 351.221(b)(4) and (c)(3)(i). All
information submitted may be subject to
verification. Failure to allow full and
complete verification of any information
submitted may affect Commerce’s
consideration of that information.
Commerce will set forth its preliminary
factual and legal conclusions in this
notice and a description of any action
proposed based on those results.
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an
opportunity to comment on the
preliminary results. Unless extended,
Commerce will issue the final results of
this CCR in accordance with the time
limits set forth in 19 CFR 351.216(e).
International Trade Administration
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
We are issuing this notice in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b),
and 351.221(b)(1).
Background
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from Taiwan. The
period of review (POR) is July 1, 2021,
through June 30, 2022. This review
covers the following producers and
exporters from Taiwan: Nan Ya Plastics
Corporation (Nan Ya); and Shinkong
Materials Technology Corporation
(SMTC)/Shinkong Synthetic Fibers
Corporation (SSFC). Commerce
preliminarily determines that sales of
subject merchandise have not been
made below normal value (NV) by Nan
Ya during the POR. In addition, we
preliminarily find that SMTC/SSFC had
no shipments during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo or 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) 482–3797 or (202) 482–5255,
respectively.
AGENCY:
On July 1, 2022, Commerce published
in the Federal Register a notice of
opportunity 1 to request an
administrative review of the AD order
on PET film from Taiwan.2 On
September 6, 2022, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
[FR Doc. 2023–13480 Filed 6–23–23; 8:45 am]
1 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 87 FR 39461 (July
1, 2022).
2 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).
BILLING CODE 3510–DS–P
7 See,
generally, CCR Request.
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published a notice of initiation of an
administrative review of the Order.3
On March 28, 2023, 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 80 days until
June 21, 2023.4 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.5
A list of the topics included in the
Preliminary Decision Memorandum is
included as the 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is PET film.6 The product is currently
classifiable under subheading
3920.62.00.90 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS number is
provided for convenience and for
customs purposes, the written product
description, available in the Preliminary
Decision Memorandum, remains
dispositive.
Preliminary Determination of No
Shipments
Based on U.S. Customs and Border
Protection’s (CBP) response to
Commerce’s no-shipment inquiry, as
well as the no-shipment certification
provided by SMTC/SSFC,7 we
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 28, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Polyethylene
Terephthalate Film, Sheet, and Strip from Taiwan;
2021–2022’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Preliminary Decision Memorandum at 3.
7 In the 2011–2012 administrative review, we
treated SMTC and SSFC as a single entity for
purposes of this order. See Polyethylene
Terephthalate Film, Sheet, and Strip from Taiwan;
Preliminary Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 48651
(August 9, 2013), and accompanying Preliminary
Decision Memorandum, unchanged in Polyethylene
Terephthalate Film, Sheet, and Strip from Taiwan:
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
preliminarily determine that SMTC/
SSFC had no shipments and, therefore,
no reviewable entries of subject
merchandise during the POR. Consistent
with Commerce’s practice, we will not
rescind the review with respect to
SMTC/SSFC, but, rather, will complete
the review and issue appropriate
liquidation instructions to CBP based on
the final results.8 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of 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 these
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily determines that the
following weighted-average dumping
margin exists for the period July 1, 2021,
through June 30, 2022:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Nan Ya Plastics Corporation ......
0.00
Disclosure and Public Comment
ddrumheller on DSK120RN23PROD with NOTICES1
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.9 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
not later than seven days after the date
Final Results of Antidumping Duty Administrative
Review; 2011–2012, 79 FR 11407 (February 28,
2014). We have treated SMTC and SSFC as a single
entity in all subsequent reviews. There is no
information on the record of this administrative
review that would lead Commerce to reconsider
that determination. Accordingly, we continue to
treat SMTC and SSFC as a single entity for purposes
of this administrative review.
8 See Polyethylene Terephthalate Film, Sheet, and
Strip from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 74673 (November 23, 2020), unchanged
in Polyethylene Terephthalate Film, Sheet, and
Strip (PET Film) from Taiwan: Final Results of
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 14311 (March 15, 2021).
9 See 19 CFR 351.224(b).
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19:33 Jun 23, 2023
Jkt 259001
for filing case briefs.10 Interested 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.11 Executive
summaries should be limited to five
pages total, including footnotes. Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.12
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. 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. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.
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 completion of this
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b). If a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem assessment rates on the basis of
the ratio of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). Where either the
10 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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41379
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by an
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate (i.e., 2.40
percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.13
If we continue to find in the final
results that SMTC/SSFC had no
shipments of subject merchandise
during the POR, we will instruct CBP to
liquidate any suspended entries that
entered under their antidumping duty
case numbers (i.e., at that exporter’s
rate) at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
administrative review in the Federal
Register. 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).
Cash Deposit Requirements
The following cash 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 Nan Ya 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-thanfair value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
the merchandise; and (4) the cash
deposit rate for all other producers or
exporters is 2.40 percent.14 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
AD/CVD Operations, Offices IV and IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2254 or
(202) 482–0029, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 31, 2023, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of certain
paper shopping bags (paper bags) from
China and India filed in proper form on
behalf of the Coalition for Fair Trade in
Shopping Bags (the petitioner).1 The
CVD petitions were accompanied by
antidumping duty (AD) petitions
concerning imports of paper bags from
Cambodia, China, Colombia, India,
Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist
Republic of Vietnam.2
On June 2, 5, 6, and 13, 2023,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 On June 8, 9, and 15,
2023, the petitioner filed timely
responses to these requests for
additional information.4
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
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023–13520 Filed 6–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–918; C–570–153]
ddrumheller on DSK120RN23PROD with NOTICES1
Certain Paper Shopping Bags From
India and the People’s Republic of
China: Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Kebker (India) and Seth Brown (the
People’s Republic of China (China)),
AGENCY:
14 See
Order.
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1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Paper Shopping Bags
from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam,’’ dated
May 31, 2023 (Petitions). The members of the
Coalition for Fair Trade in Shopping Bags include
Novolex Holdings, LLC (Novolex) and the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union (USW) (collectively, the
petitioner).
2 Id.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Paper Shopping Bags
from Cambodia, the People’s Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam: Supplemental Questions,’’ dated June 2,
2023 (General Issues Questionnaire); ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Certain Paper Shopping Bags from the People’s
Republic of China: Supplemental Questions,’’ dated
June 5, 2023; and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Paper
Shopping Bags from India: Supplemental
Questions,’’ dated June 6, 2023; see also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated June 13, 2023 (June 13, 2023,
Memorandum).
4 See Petitioner’s Letters, ‘‘Certain Paper
Shopping Bags from Cambodia, China, Colombia,
India, Malaysia, Portugal, Taiwan, Turkey, and
Vietnam: Response of Petitioner to Volume I
Supplemental Questionnaire,’’ dated June 8, 2023
(First General Issues Supplement); ‘‘Countervailing
Duties on Imports of Certain Paper Shopping Bags
from China: Response of Petitioner to Volume XI
Supplemental Questionnaire,’’ dated June 9, 2023;
‘‘Countervailing Duties on Imports of Certain Paper
Shopping Bags from India: Response of Petitioner
to Volume XII Supplemental Questionnaire,’’ dated
June 9, 2023; and ‘‘Certain Paper Shopping Bags
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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 (GOC) and the
Government of India (GOI) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of paper
bags in China and India, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing 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 CVD
investigations, the Petitions are
supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(F) of the Act.5
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.6
Periods of Investigation
Because the Petitions were filed on
May 31, 2023, the periods of
investigation (POI) for China and India
are January 1, 2022, through December
31, 2022.7
Scope of the Investigations
The product covered by these
investigations is paper bags from China
and India. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on Scope of the
Investigations
On June 2 and 13, 2023, Commerce
requested information from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petitions is an accurate reflection of the
products for which the domestic
industry is seeking relief.8 On June 8
and 15, 2023, the petitioner provided
from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam: Response
of Petitioner to Commerce’s Second Supplemental
Questions Concerning Volumes I, VI, IX, and X,’’
dated June 15, 2023 (Second General Issue
Supplement).
5 See Petitions at Volume I (pages 2–3). The
members of the Coalition for Fair Trade in
Shopping Bags (Novolex and the USW) are
interested parties, as defined in sections 771(9)(C)
and (D) of the Act, respectively.
6 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
7 See 19 CFR 351.204(b)(2).
8 See General Issues Questionnaire; see also June
13, 2023, Memorandum at 2.
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]]>Agencies
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41378-41380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13520]
-----------------------------------------------------------------------
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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on
polyethylene terephthalate film, sheet, and strip (PET Film) from
Taiwan. The period of review (POR) is July 1, 2021, through June 30,
2022. This review covers the following producers and exporters from
Taiwan: Nan Ya Plastics Corporation (Nan Ya); and Shinkong Materials
Technology Corporation (SMTC)/Shinkong Synthetic Fibers Corporation
(SSFC). Commerce preliminarily determines that sales of subject
merchandise have not been made below normal value (NV) by Nan Ya during
the POR. In addition, we preliminarily find that SMTC/SSFC had no
shipments during the POR. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or 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) 482-3797
or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2022, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the AD
order on PET film from Taiwan.\2\ On September 6, 2022, in accordance
with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation
of an administrative review of the Order.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 39461 (July 1, 2022).
\2\ 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).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022).
---------------------------------------------------------------------------
On March 28, 2023, 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 80 days
until June 21, 2023.\4\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 28,
2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Polyethylene Terephthalate Film,
Sheet, and Strip from Taiwan; 2021-2022'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
A list of the topics included in the Preliminary Decision
Memorandum is included as the 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order is PET film.\6\ The product is
currently classifiable under subheading 3920.62.00.90 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS number
is provided for convenience and for customs purposes, the written
product description, available in the Preliminary Decision Memorandum,
remains dispositive.
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at 3.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on U.S. Customs and Border Protection's (CBP) response to
Commerce's no-shipment inquiry, as well as the no-shipment
certification provided by SMTC/SSFC,\7\ we
[[Page 41379]]
preliminarily determine that SMTC/SSFC had no shipments and, therefore,
no reviewable entries of subject merchandise during the POR. Consistent
with Commerce's practice, we will not rescind the review with respect
to SMTC/SSFC, but, rather, will complete the review and issue
appropriate liquidation instructions to CBP based on the final
results.\8\ For additional information regarding this determination,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ In the 2011-2012 administrative review, we treated SMTC and
SSFC as a single entity for purposes of this order. See Polyethylene
Terephthalate Film, Sheet, and Strip from Taiwan; Preliminary
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR
48651 (August 9, 2013), and accompanying Preliminary Decision
Memorandum, unchanged in Polyethylene Terephthalate Film, Sheet, and
Strip from Taiwan: Final Results of Antidumping Duty Administrative
Review; 2011-2012, 79 FR 11407 (February 28, 2014). We have treated
SMTC and SSFC as a single entity in all subsequent reviews. There is
no information on the record of this administrative review that
would lead Commerce to reconsider that determination. Accordingly,
we continue to treat SMTC and SSFC as a single entity for purposes
of this administrative review.
\8\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2018-2019, 85
FR 74673 (November 23, 2020), unchanged in Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR
14311 (March 15, 2021).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of 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 these preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
July 1, 2021, through June 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation................................ 0.00
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\9\
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 not later than seven days after the date for filing case
briefs.\10\ Interested 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.\11\ Executive summaries should be limited
to five pages total, including footnotes. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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. 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. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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 completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b). If a respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis of
the ratio of the total amount of dumping calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 2.40
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\13\
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\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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If we continue to find in the final results that SMTC/SSFC had no
shipments of subject merchandise during the POR, we will instruct CBP
to liquidate any suspended entries that entered under their antidumping
duty case numbers (i.e., at that exporter's rate) at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review in the Federal Register. 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).
Cash Deposit Requirements
The following cash 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 Nan Ya 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
[[Page 41380]]
the merchandise; and (4) the cash deposit rate for all other producers
or exporters is 2.40 percent.\14\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ See Order.
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Notification to Importers
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023-13520 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P
