[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9363-9364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02911]
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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: Notice of Court Decision Not in Harmony
With Final Results of Administrative Review and Notice of Amended Final
Results of Administrative Review Pursuant to Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 24, 2013 the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``the
Department'') results of redetermination, pursuant to the CIT's remand
order, in Fuwei Films (Shandong) Co., Ltd. v. United States, Slip Op.
13-10 (CIT 2013).\1\
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 11-00061, dated October 15, 2012, available at:
http://ia.ita.doc.gov/remands (``PET Film Final Remand''); see also
Fuwei Films (Shandong) Co., Ltd. v. United States, Consol. Court No.
11-00061, Slip Op. 12-69 (CIT 2012) (``Remand Opinion and Order'').
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Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893
F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond
Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (``Diamond Sawblades''), the Department is notifying the public
that the final judgment in this case is not in harmony with the
Department's PET Film Final Results \2\ and is amending the final
results with respect to Fuwei Films (Shandong) Co., Ltd. and Shaoxing
Xiangyu Green Packing Co., Ltd.
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\2\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Final Results of the First
Antidumping Duty Administrative Review, 76 FR 9753 (February 22,
2011) (``PET Film Final Results'').
DATES: Effective Date: (February 4, 2013) \3\.
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\3\ Because the deadline, February 3, 2013, falls on a Sunday,
the deadline is postponed until the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, as Amended, 70 FR 24533 (May 10, 2005).
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, Office 4, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC,
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20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the CIT remanded three issues with respect to the
PET Film Final Results, two of which the Department requested for
voluntary remand.\4\ Specifically, the CIT held that: (1) The
Department must correct Shaoxing Xiangyu Green Packing Co. Ltd.'s
(``Green Packing'') per unit water and electricity costs; (2) the
Department must reconsider the surrogate value (``SV'') for labor
expenses; and (3) the Department must clarify or reconsider the SV for
polyethylene terephthalate (``PET'') chips.
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\4\ See Remand Opinion and Order.
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Pursuant to the CIT's remand instructions, the Department re-
examined record evidence and made the following changes. First, the
Department revised its calculation of Green Packing's reported per-unit
water and electricity consumption. To correct the error, the Department
has assigned Green Packing's reported electricity factor to the
calculated water input, and Green Packing's reported water factor to
the calculated electricity input, in the calculation of Green Packing's
cost of production.
Next, the Department revised its calculation for the labor SV in
accordance with Labor Methodologies by using the reported 2008 ILO
Chapter 6A data provided under the International Standard Industrial
Classification Revision.3-D standard, the most contemporaneous Chapter
6A data that were available at the time the Department conducted the
underlying review.\5\
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\5\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR
36092 (June 21, 2011) (``Labor Methodologies'').
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Finally, the Department revised its calculation of the PET chip
input SV by using import data exclusively from Indian harmonized tariff
schedule category 3907.60.10.
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the ``Act''), the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination and must suspend liquidation of entries
pending a ``conclusive'' court decision. The CIT's January 24, 2013,
judgment sustaining the PET Film Final Remand constitutes a final
decision of that court that is not in harmony with the PET Film Final
Results. This notice is published in fulfillment of the
[[Page 9364]]
publication requirements of Timken. Accordingly, the Department will
continue the suspension of liquidation of the subject merchandise
pending the expiration of the period of appeal or, if appealed, pending
a final and conclusive court decision. The cash deposit rate will
remain the company-specific rate established for the subsequent and
most recent period during which each respondent was reviewed.
Amended Final Determination
Because there is now a final court decision with respect to the PET
Film Final Results, the revised dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
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Fuwei Films (Shandong) Co., Ltd......................... 0.27
Shaoxing Xiangyu Green Packing Co., Ltd................. 0.00
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This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-02911 Filed 2-7-13; 8:45 am]
BILLING CODE 3510-DS-P