Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 88363-88365 [2023-28027]
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
margin for Interpipe for the POR, July 1,
2021, through June 30, 2022:
Exporter or producer
Interpipe Europe S.A./Interpipe
Ukraine LLC/PJSC Interpipe
Niznedneprovsky Tube Rolling
Plant/LLC Interpipe Niko Tube
Weightedaverage
dumping
margin
(percent)
4.89
Disclosure
Normally, Commerce will disclose the
calculations performed in connection
with the final results of a review to
interested parties within five days of the
date of publication of the notice of final
results in the Federal Register.6
However, because Commerce made no
change to the preliminary weightedaverage dumping margin calculation for
Interpipe, there are no calculations to
disclose.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review.7 For Interpipe,
we will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of antidumping
duties calculated for each importer’s
examined sales and the total entered
value of the sales, in accordance with 19
CFR 351.212(b)(1). Where an importerspecific ad valorem assessment rate is
not zero or de minimis, Commerce will
instruct CBP to collect the appropriate
duties at the time of liquidation.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Interpipe for which it did
not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.8
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
6 See
19 CFR 351.224(b).
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
8 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
7 See
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18:15 Dec 20, 2023
Jkt 262001
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 the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Interpipe will be
equal to the weighted-average dumping
margin established in these final results;
(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 recently completed segment of
this proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review or in a prior
segment of the proceeding, but the
producer was covered, the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be the all-others rate of
7.47 percent established in the lessthan-fair-value investigation.9
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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 Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition 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
9 See
PO 00000
Order, 84 FR at 33919.
Frm 00004
Fmt 4703
Sfmt 4703
88363
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 14, 2023.
Abdelali Elouaradia,
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 Order
IV. Discussion of the Issue
Comment: Whether to Grant Interpipe a
Constructed Export Price Offset
V. Recommendation
[FR Doc. 2023–28036 Filed 12–20–23; 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 and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Nan Ya Plastics Corporation (Nan Ya)
made no sales of subject merchandise to
the United States at less than normal
value during the period of review (POR)
July 1, 2021, through June 30, 2022. We
also continue to find that Shinkong
Materials Technology Corporation
(SMTC)/Shinkong Synthetic Fibers
Corporation (SSFC) had no shipments of
subject merchandise to the United
States during the POR.
DATES: Applicable December 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo, 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.
AGENCY:
E:\FR\FM\21DEN1.SGM
21DEN1
88364
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
SUPPLEMENTARY INFORMATION:
Background
On June 26, 2023, Commerce
published the Preliminary Results and
invited interested parties to comment.1
This review covers two respondents:
Nan Ya Plastics Corporation (Nan Ya);
and Shinkong Materials Technology
Corporation (SMTC)/Shinkong
Synthetic Fibers Corporation (SSFC). On
July 26, 2023, we received a case brief
from DuPont Teijin Films, Mitsubishi
Chemical America, Inc.—Polyester Film
Division, and SK Microworks America,
Inc. (collectively, the petitioners).2 On
August 2, 2023, we received a rebuttal
brief from Nan Ya.3 On October 23,
2023, we extended the deadline for
these final results to December 14,
2023.4 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.5
Scope of the Order 6
The products covered by this Order
are polyethylene terephthalate film,
sheet, and strip (PET film) from Taiwan.
For a full description of the scope of the
Order, see the Issues and Decision
Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
We address the issue raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is included in
the appendix to this notice. 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
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021–
2022, 88 FR 41378 (June 26, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’
dated July 26, 2023 (Petitioners’ Case Brief).
3 See Nan Ya’s Letter, ‘‘Polyethylene
Terephthalate (PET) Film from Taiwan,’’ dated
August 2, 2023 (Nan Ya’s Rebuttal Brief).
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated October 23, 2023.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Polyethylene Terephthalate Film, Sheet,
and Strip from Taiwan; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 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).
VerDate Sep<11>2014
18:15 Dec 20, 2023
Jkt 262001
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that SMTC and its affiliate
SSFC had no shipments of PET film
during the POR, based on a response of
the U.S. Customs and Border Protection
(CBP) to Commerce’s no-shipment
inquiry, as well as certifications and
supporting documentation provided by
SMTC/SSFC.7 We received no
comments from any interested party on
our preliminary finding. As there is no
information on the record that calls into
question the finding in the Preliminary
Results, we continue to find in the final
results of this review that SMTC/SSFC
had no shipments of subject
merchandise during the POR.
Final Results of Review
As a result of this review, Commerce
determines that the following weightedaverage 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
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
interested parties within five days after
public announcement of the final results
or, if there is no public announcement,
within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. Because we calculated a zero
percent 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 antidumping duties.
In addition, as Commerce continues to
find that SMTC/SSFC did not have any
7 For a full discussion of this determination, see
Preliminary Results PDM.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
shipments of subject merchandise
during the POR, we will instruct CBP to
liquidate any suspended entries of
subject merchandise associated with
SMTC/SSFC at the all-others rate.
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 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 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 LTFV investigation, the cash
deposit rate will continue to be the allothers 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,
shall remain in effect until further
notice.
Notification to 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
Commerce’s presumption that
reimbursement of antidumping duties
8 See
E:\FR\FM\21DEN1.SGM
Order.
21DEN1
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
occurred and the subsequent assessment
of double antidumping duties.
investigation is April 1, 2022, though
September 30, 2022.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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 or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
DATES:
Notification to Interested Parties
These results are being issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: December 14, 2023.
Abdelali Elouaradia,
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 Order
IV. Discussion of the Issue
Comment: Whether to Rely on Facts
Available and Apply an Adverse
Inference Regarding Nan Ya’s Cost
Reporting
V. Recommendation
Hermes Pinilla, AD/CVD Operations,
Office I, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–3477.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce
published in the Federal Register the
Preliminary Determination in this LTFV
investigation.1 Commerce invited
parties to comment on the Preliminary
Determination.2
For a complete description of the
events that occurred since the
Preliminary Determination, see the
Issues and Decision Memorandum.3 The
Issues and Decision Memorandum is a
public document and is made available
to the public 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. A complete version of
the Issues and Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
Scope of the Investigation
[FR Doc. 2023–28027 Filed 12–20–23; 8:45 am]
The products covered by this
investigation are pressure washers from
China. For a complete description of the
scope of this investigation, see
Appendix I.
BILLING CODE 3510–DS–P
Scope Comments
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–148]
Gas Powered Pressure Washers From
the People’s Republic of China: Final
Affirmative Determination of Sales at
Less-Than-Fair Value, and Final
Affirmative Critical Circumstances
Determinations, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
gas powered pressure washers (pressure
washers) from the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at lessthan-fair value (LTFV). The period of
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Applicable December 21, 2023.
FOR FURTHER INFORMATION CONTACT:
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18:15 Dec 20, 2023
Jkt 262001
During this LTFV investigation,
Commerce received scope comments
from interested parties. Commerce
issued a Preliminary Scope
Memorandum to address the comments
and set aside a period of time for parties
to address scope issues in scope-specific
1 See Gas Powered Pressure Washers from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Critical Circumstances
Determination, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 88 FR 51279 (August 3, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 Id.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of Sales at Less-Than-Fair-Value and
Final Affirmative Critical Circumstances
Determinations, in Part: Gas Powered Pressure
Washers from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
88365
case and rebuttal briefs.4 We received
comments from interested parties on the
Preliminary Scope Memorandum,
which we addressed in the Final Scope
Memorandum.5 We did not make any
changes to the scope of the investigation
from the scope published in the
Preliminary Determination, as provided
in Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum and are
listed in Appendix II of this notice.
Final Affirmative Determination of
Critical Circumstances
For the Preliminary Determination, in
accordance with section 733(e)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.206(c)(1), Commerce
preliminarily found that critical
circumstances exist with respect to
imports of pressure washers exported by
Jiangu Jianghuai Engine Co., Ltd. (JD
Power) and the China-wide entity.6
No parties submitted comments
regarding this finding. Thus, our
determination of critical circumstances
is unchanged for the final
determination. Accordingly, pursuant to
section 735(a)(3)(B) of the Act and 19
CFR 351.206, we continue to find that
critical circumstances exist for JD Power
and the China-wide entity.
Regarding the companies receiving a
separate rate, we preliminarily found
that critical circumstances do not exist.7
For the final determination, we continue
to find that the variance of shipments
between the base and comparison
period is explained by seasonal trends
and, therefore, consistent with our
practice,8 we continue to find that
critical circumstances do not exist
regarding the separate rate companies.
Verification
Commerce was unable to conduct an
on-site verification of the information
relied upon in making its final
determination. However, from August
20 through 22, 2023, we took additional
steps, in lieu of an on-site verification
to verify the information relied upon in
4 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated June 8, 2023 (Preliminary
Scope Memorandum).
5 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated August 22, 2023.
6 See Preliminary Determination.
7 Id.
8 See Pentaflouroethane (R–125) from the People’s
Republic of China: Final Affirmative Determination
of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, in Part, 87 FR 1117 (January 10,
2022), and accompanying IDM at Comment 1.
E:\FR\FM\21DEN1.SGM
21DEN1
Agencies
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88363-88365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28027]
-----------------------------------------------------------------------
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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that Nan
Ya Plastics Corporation (Nan Ya) made no sales of subject merchandise
to the United States at less than normal value during the period of
review (POR) July 1, 2021, through June 30, 2022. We also continue to
find that Shinkong Materials Technology Corporation (SMTC)/Shinkong
Synthetic Fibers Corporation (SSFC) had no shipments of subject
merchandise to the United States during the POR.
DATES: Applicable December 21, 2023.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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.
[[Page 88364]]
SUPPLEMENTARY INFORMATION:
Background
On June 26, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ This review covers two
respondents: Nan Ya Plastics Corporation (Nan Ya); and Shinkong
Materials Technology Corporation (SMTC)/Shinkong Synthetic Fibers
Corporation (SSFC). On July 26, 2023, we received a case brief from
DuPont Teijin Films, Mitsubishi Chemical America, Inc.--Polyester Film
Division, and SK Microworks America, Inc. (collectively, the
petitioners).\2\ On August 2, 2023, we received a rebuttal brief from
Nan Ya.\3\ On October 23, 2023, we extended the deadline for these
final results to December 14, 2023.\4\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2021-2022, 88
FR 41378 (June 26, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
July 26, 2023 (Petitioners' Case Brief).
\3\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) Film
from Taiwan,'' dated August 2, 2023 (Nan Ya's Rebuttal Brief).
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 23, 2023.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
The products covered by this Order are polyethylene terephthalate
film, sheet, and strip (PET film) from Taiwan. For a full description
of the scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
We address the issue raised in the case and rebuttal briefs in the
Issues and Decision Memorandum. A list of the issues addressed in the
Issues and Decision Memorandum is included in the appendix to this
notice. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that SMTC and its
affiliate SSFC had no shipments of PET film during the POR, based on a
response of the U.S. Customs and Border Protection (CBP) to Commerce's
no-shipment inquiry, as well as certifications and supporting
documentation provided by SMTC/SSFC.\7\ We received no comments from
any interested party on our preliminary finding. As there is no
information on the record that calls into question the finding in the
Preliminary Results, we continue to find in the final results of this
review that SMTC/SSFC had no shipments of subject merchandise during
the POR.
---------------------------------------------------------------------------
\7\ For a full discussion of this determination, see Preliminary
Results PDM.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, Commerce 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
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the Act and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review. Because we calculated a
zero percent 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 antidumping duties. In addition,
as Commerce continues to find that SMTC/SSFC did not have any shipments
of subject merchandise during the POR, we will instruct CBP to
liquidate any suspended entries of subject merchandise associated with
SMTC/SSFC at the all-others rate.
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 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 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 LTFV 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, shall remain in effect
until further notice.
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\8\ See Order.
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Notification to 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 Commerce's presumption that
reimbursement of antidumping duties
[[Page 88365]]
occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These results are being issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: December 14, 2023.
Abdelali Elouaradia,
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 Order
IV. Discussion of the Issue
Comment: Whether to Rely on Facts Available and Apply an Adverse
Inference Regarding Nan Ya's Cost Reporting
V. Recommendation
[FR Doc. 2023-28027 Filed 12-20-23; 8:45 am]
BILLING CODE 3510-DS-P