[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76941-76943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31695]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet and strip (PET Film) from Taiwan. The period
of review (POR) for this administrative review is July 1, 2009, through
June 30, 2010. This review covers the following producers/exporters of
the subject merchandise: Nan Ya Plastics Corporation, Ltd. (Nan Ya),
and Shinkong Synthetic Fibers Corporation and Shinkong Materials
Technology Co., Ltd. (collectively, Shinkong). We invited interested
parties to comment on our Preliminary Results.\1\ Based on our analysis
of the comments received, we have made changes to the margin applied to
Nan Ya, which are discussed in the ``Changes Since the Preliminary
Results'' section, below. Therefore, the final results for Nan Ya
differ from the Preliminary Results. The final dumping margins for this
review are listed in the ``Final Results of Review'' section, below.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 47540 (August 5, 2011) (Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: December 9, 2011.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Emily Halle, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 428-
3586 or (202) 482-0176, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2011, the Department published in the Federal Register
the Preliminary Results.\2\ Since the publication of the Preliminary
Results, the following events have occurred. On August 15, 2011, the
Department issued a post-preliminary supplemental questionnaire to
Shinkong, and Shinkong timely filed its questionnaire response on
August 25, 2011.\3\ The Department notified interested parties that
they were to file their case briefs with the Department by September 1,
2011, and rebuttal briefs filed by September 19, 2011, in accordance
with 19 CFR 351.309(d)(1).\4\ In response to timely requests from Nan
Ya, case brief deadlines were extended twice by the Department to
October 3, 2011.\5\ Nan Ya timely filed a case brief on October 3,
2011.\6\ On October 11, 2011, DuPont
[[Page 76942]]
Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray
Plastics (America), Inc. (collectively, Petitioners), timely filed a
rebuttal case brief.\7\
---------------------------------------------------------------------------
\2\ Prior to publication of the Preliminary Results, Nan Ya
informed the Department that it would not be responding to the
Department's questionnaire and that it would not be participating in
the 09-10 administrative review. See Memorandum from Gene H. Calvert
to the File, ``Preliminary Results in the Administrative Review on
Polyethylene Terephthalate Film, Sheet and Strip from Taiwan (PET
film): Nan Ya Plastic Corporation, Ltd. Non-Participation in the
Administrative Review for the Period July 1, 2009, through June 30,
2010'' (August 1, 2011) (Nan Ya's Non-Participation Memorandum).
\3\ See Letter from Shinkong, ``Polyethylene Terephthalate Film,
Sheet and Strip (PET Film) from Taiwan: Supplemental Questionnaire
Response,'' dated August 25, 2011 (Post Preliminary Supplemental
Response).
\4\ See Letter from Mark Hoadley, Program Manager, AD/CVD
Operations, Office 6, to All Interested Parties, dated September 1,
2011.
\5\ See Letter from Mark Hoadley, Program Manager, AD/CVD
Operations, Office 6, to All Interested Parties, dated September 9,
2011, and September 23, 2011.
\6\ See Letter from Nan Ya, ``Polyethylene Terephthalate (PET)
Film from Taiwan,'' dated October 4, 2011.
\7\ See Letter from Petitioners, ``Polyethylene Terephthalate
(PET) Film, Sheet, and Strip from Taiwan: Petitioners' Rebuttal
Brief,'' dated October 11, 2011.
---------------------------------------------------------------------------
As discussed in the Preliminary Results, Nan Ya withheld requested
information, which significantly impeded the proceeding, and failed to
cooperate to the best of its ability. Therefore, pursuant to sections
776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, as amended
(the Act), the Department preliminarily determined that the use of
adverse facts available (AFA) for Nan Ya was appropriate, and assigned
a rate of 99.31 percent, which was based on transaction-specific
margins calculated for Nan Ya during the previous 2008-09
administrative review. Based on our analysis of the comments received,
for the final results we have used data from the current POR, instead
of secondary information and, thus, have revised the AFA rate for Nan
Ya.
Period of Review
The POR is July 1, 2009, through June 30, 2010.
Scope of the Order
The products covered by the order are all gauges of raw,
pretreated, or primed polyethylene terephthalate film, whether extruded
or coextruded. Excluded are metallized 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 more
than 0.00001 inches thick. Imports of PET Film are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number 3920.62.00. HTSUS subheadings are provided
for convenience and customs purposes. The written description of the
scope of this proceeding is dispositive.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, ``Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Issues
and Decision Memorandum for the Final Results'' (Decision Memorandum),
dated concurrently with this notice, which is hereby adopted by this
notice. A list of the issues addressed in the Decision Memorandum is
appended to this notice. The Decision Memorandum is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
Access to IA ACCESS is available in the Department's Central Records
Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Internet at http://ia.ita.doc.gov/frn. The signed
Decision Memorandum and electronic versions of the Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Shinkong's Post Preliminary Supplemental Response stated that it
incurred inland freight for subject merchandise that was returned
during the POR, but that it did not provide any replacements for the
returned merchandise.\8\ Shinkong provided the inland freight expenses
incurred for returns, and the Department treated this expense as a
warranty expense, part of direct selling expenses, and deducted it from
the home market's net price build up.\9\ The inclusion of this
additional data for the final results had no impact on Shinkong's
weighted-average margin with respect to the Preliminary Results.\10\
---------------------------------------------------------------------------
\8\ See Post Preliminary Supplemental Response at 3.
\9\ See Memorandum to Mark Hoadley, Program Manager, AD/CVD
Operations, Office 6, regarding ``Analysis for the Final Results of
the 2009-2010 Administrative Review of the Antidumping Duty Order on
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan:
Shinkong Synthetic Fibers Corporation and Shinkong Materials
Technology Co. Ltd'' dated concurrently with this notice for a
detailed discussion of these changes.
\10\ See id.
---------------------------------------------------------------------------
In the Preliminary Results, the Department applied an AFA rate of
99.31 percent to Nan Ya because it did not respond to the Department's
initial questionnaire.\11\ Based on comments received, for the final
results, we have revised the AFA rate for Nan Ya from 99.31 percent to
74.34 percent. A discussion of the Department's decision to revise Nan
Ya's AFA rate can be found in the Decision Memorandum.
---------------------------------------------------------------------------
\11\ See Nan Ya's Non-Participation Memorandum.
---------------------------------------------------------------------------
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period of July 1, 2009, through
June 30, 2010:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation, Ltd........................... 74.34
Shinkong Synthetic Fibers Corporation and Shinkong 6.98
Materials Technology Co., Ltd.............................
------------------------------------------------------------------------
Assessment Rates
Pursuant to 19 CFR 351.212(b), the Department shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. We will instruct CBP to liquidate
entries of merchandise produced and/or exported by Nan Ya and Shinkong.
For assessment purposes, because Shinkong did not report either the
identities of its importers or the entered values of its sales, we
calculated customer-specific per unit duty assessment rates. Because
Nan Ya reported no information to the Department for this POR, we will
instruct CBP to apply an assessment rate to all entries it produced
and/or exported equal to the weighted-average margin indicated above.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of these final
results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\12\ This clarification applies to entries of subject
merchandise during the POR produced by the companies included in these
final results of review for which the reviewed companies did not know
their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate non-reviewed entries at
the all-others rate of 2.40 percent from the investigation if there is
no rate for the intermediate company(ies) involved in the
transaction.\13\
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\13\ 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) (Investigation Final
Determination).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Act: (1) For the
[[Page 76943]]
companies covered by this review, the cash deposit rate will be the
rates listed above; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a previous segment
of this proceeding, the cash deposit rate will continue to be the
company-specific rate published in the most recent final results in
which that producer or exporter participated; (3) if the exporter is
not a firm covered in this review or in any previous segment of this
proceeding, but the producer is, the cash deposit rate will be that
established for the producer of the merchandise in these final results
of review or in the most recent final results in which that producer
participated; and, (4) if neither the exporter nor the producer is a
firm covered in this review or in any previous segment of this
proceeding, the cash deposit rate will be 2.40 percent, the all-others
rate established in the less than fair value investigation.\14\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\14\ See Investigation Final Determination.
---------------------------------------------------------------------------
Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). 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 Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 in the subsequent
assessment of double antidumping duties.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 5, 2011.
Christian Marsh,
Acting Assistant Secretary for Import Administration.
Appendix--Decision Memorandum
Comment 1: Whether Nan Ya's Preliminary AFA Rate Is Unlawfully
Punitive
Comment 2: Whether Nan Ya's Preliminary AFA Rate Is Corroborated
Comment 3: Whether the Department Failed To Follow Past Court and
Department Precedent With Respect to Nan Ya's Preliminary AFA Rate
Comment 4: Whether Na Ya's Preliminary AFA Rate Is Aberrational
[FR Doc. 2011-31695 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P