[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73428-73430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29748]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: Preliminary Results of Administrative
Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the ''Department'') is conducting the third
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (``PET film'') from the People's
Republic of China (``PRC''), covering the period November 1, 2010,
through October 31, 2011. The Department has preliminarily determined
that during the period of review (``POR'') respondents in this
proceeding have made sales of subject merchandise at less than normal
value (``NV'').
DATES: Effective Date: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jonathan Hill, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936 and (202) 482-3518 respectively.
SUPPLEMENTARY INFORMATION:
Scope of Order
The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded.\1\ PET
film is classifiable under subheading 3920.62.00.90 of the Harmonized
Tariff Schedule of the United States (``HTSUS''). Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
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\1\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations to Ronald K.
Lorentzen, Acting Assistant Secretary for Import Administration
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Polyethylene Terephthalate Film, Sheet, and
Strip from the People's Republic of China,'' dated December 3, 2012
(``Preliminary Decision Memorandum'') for a full description of the
Scope of the Order.
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Methodology
The Department has conducted this review in accordance with section
[[Page 73429]]
751(a)(1)(A) of the Tariff Act of 1930, as amended (the ``Act'').
Export prices and constructed export prices were calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act. Specifically,
the respondents' factors of production have been valued in Indonesian
prices, which is economically comparable to the PRC and is a
significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department has determined that the following preliminary
dumping margins exist:
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Margin
Exporter (percent)
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DuPont Teijin China Limited................................. 2.95
Shaoxing Xiangyu Green Packing Co., Ltd..................... 0.00
Fuwei Films (Shandong) Co., Ltd............................. 2.95
Tianjin Wanhua Co., Ltd. Sichuan............................ 2.95
Dongfang Insulating Material Co., Ltd....................... 2.95
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results of
review.\2\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\3\
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\2\ See 19 CFR 351.309(c).
\3\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\4\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\5\
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any such comments, within 120 days of publication
of these preliminary results, pursuant to section 751(a)(3)(A) of the
Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline) the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\6\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\7\
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\6\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\7\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is above de
minimis, we will calculate importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\8\
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\8\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. The
Department recently announced a refinement to its assessment practice
in NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\9\
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\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
[[Page 73430]]
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the DuPont Group,
Green Packing, Dongfang, Fuwei Films, and Wanhua, which have separate
rates, the cash deposit rate will be that established in the final
results of this review (except, if the rate is zero or de minimis, zero
cash deposit will be required); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the exporter-specific rate; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the PRC-wide
rate of 76.72 percent; \10\ and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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\10\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 73 FR 55039, 55041 (September 24, 2008).
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Notification to Importers
This notice 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Separate Rates
2. Rate for Non-Selected Companies
3. Non-Market Economy Country Status
4. Surrogate Country
5. Date of Sale
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Targeted Dumping
10. Factor Valuations
11. Currency Conversion
[FR Doc. 2012-29748 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P