[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Page 76456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet and Strip from Taiwan:
Partial Rescission of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 28, 2012.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Milton Koch, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3964 or (202) 482-2584, respectively.
Background
On July 2, 2012, the Department of Commerce (Department) published
a notice of opportunity to request an administrative review of the
antidumping duty (AD) order on polyethylene terephthalate film, sheet
and strip from Taiwan covering the period July 1, 2011, through June
30, 2012.\1\ The Department received a timely request for an AD
administrative review from Petitioners \2\ for two companies: Shinkong
Materials Technology Corporation (Shinkong), and Nan Ya Plastics
Corporation (Nan Ya). On August 30, 2012, the Department published a
notice of initiation of administrative review with respect to Nan Ya
and Shinkong.\3\ On September 26, 2012, DuPont Teijin Films, one of the
petitioners who requested the review, withdrew its request for an
administrative review of Nan Ya and Shinkong. On November 30, 2012,
Mitsubishi Polyester Film, Inc., SKC Inc., and Toray Plastics withdrew
the remaining request for an administrative review of Nan Ya.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 39216, 39217 (July 2, 2012).
\2\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
52688 (August 30, 2012).
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Rescission, In Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review.
Petitioners' withdrawal requests were timely submitted within the 90-
day period.\4\ As the withdrawal letters filed by Petitioners are
timely and no other party requested a review of Nan Ya, we are
rescinding this review with respect to Nan Ya, in accordance with 19
CFR 351.213(d)(1). Because the review request for Shinkong was not
withdrawn by Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray
Plastics, Inc., the Department will continue to conduct the AD
administrative review of Shinkong.
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\4\ The 90th day fell on November 28, 2012; however, as
explained in the memorandum from the Assistant Secretary for Import
Administration, the Department has exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from October 29, through October 30, 2012. Thus, all deadlines in
this segment of the proceeding have been extended by two days. The
revised deadline for withdrawing a review request was therefore,
November 30, 2012. See Memorandum to the Record from Paul Piquado,
Assistant Secretary for Import Administration, regarding ``Tolling
of Administrative Deadlines As a Result of the Government Closure
During the Recent Hurricane'' (October 31, 2012).
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Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries. Nan Ya
shall be assessed antidumping duties at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This notice is issued and published in accordance with section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: December 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-31320 Filed 12-27-12; 8:45 am]
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