[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78333-78335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30919]
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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 Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly 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 the People's
Republic of China (``PRC''). The period of review (``POR'') is November
1, 2011, through October 31, 2012. The review covers two mandatory
respondents (Shaoxing Xiangyu Green Packing Co., Ltd. and Tianjin
Wanhua Co., Ltd.) and three separate rate respondents. We have
preliminarily found that the respondents have made sales of subject
merchandise at less than normal value (``NV''). Interested parties are
invited to comment on these preliminary results.
DATED: Effective Date: December 26, 2013.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3518 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the 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\ For a complete description of the scope of the order, see
``Decision Memorandum for Preliminary Results of 2011-2012
Antidumping Duty Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip from the People's Republic of China'' from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, dated
concurrently with this notice (``Preliminary Decision Memorandum'').
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Tolling of Deadlines for Preliminary Results
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the preliminary results of this review
is now December 18, 2013.
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\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' (October 18, 2013).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').
Export prices have been calculated in accordance with section 772 of
the Act. Because the PRC is a non-market economy (``NME'') within the
meaning of section 771(18) of the Act, NV has been calculated in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum, which is
hereby adopted by this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``IA ACCESS''). IA ACCESS is available to registered
users at http://iaaccess.trade.gov. The Preliminary Decision Memorandum
is also available 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 at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Shaoxing Xiangyu Green Packing Co., Ltd..................... 34.69
Tianjin Wanhua Co., Ltd..................................... 22.07
Fuwei Films (Shandong) Co., Ltd............................. 31.77
Sichuan Dongfang Insulating Material Co., Ltd............... 31.77
DuPont Teijin Films China Ltd., DuPont Hongji Films Foshan 31.77
Co., Ltd., and DuPont Teijin Hongji Films Ningbo Co., Ltd..
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Disclosure and Public Comment
The Department intends to 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 case briefs no later than 30 days after
the date of publication of these
[[Page 78334]]
preliminary results of review.\3\ Rebuttal briefs may be filed no later
than five days after case briefs are filed and may respond only to
arguments raised in the case briefs.\4\ A table of contents, list of
authorities used and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes.
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\3\ See 19 CFR 351.309(c).
\4\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\5\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a date and time to be determined.\6\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using IA ACCESS.\7\ An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Time (``ET'')
on the due date. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and stamped with the date and time of receipt
by 5 p.m. ET on the due date.\8\
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\7\ See generally 19 CFR 351.303.
\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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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 briefs, 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 of this review. In accordance
with 19 CFR 351.301(c)(1), if an interested party submits factual
information less than 10 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, if the deadline for submission of surrogate
value information has passed, the Department generally will not accept
in the rebuttal submission additional or alternative surrogate value
information not previously on the record.\9\ 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.\10\
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\9\ 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.
\10\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries covered by this
review.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. We intend to instruct CBP to liquidate entries containing
subject merchandise exported by the PRC-wide entity at the PRC-wide
rate. Where either a 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. For any individually examined
respondent and its importer(s) where neither of those situations is the
case, in the final results of this review we will calculate an
importer-specific per-unit assessment rate by dividing the total
dumping margins for reviewed sales to the importer by the total sales
quantity associated with those sales.
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\11\ See 19 CFR 351.212(b)(1).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty cases.\12\ Pursuant to this
refinement in practice, for merchandise that was not reported in the
U.S. sales databases submitted by an exporter individually examined
during this review, but that entered under the case number of that
exporter (i.e., at the individually-examined exporter's cash deposit
rate), the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, pursuant to this refinement, 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 will be liquidated at the PRC-wide rate.
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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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 sections 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is zero or de minimis, then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity, 76.72 percent; 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.
Notification to Importers
This notice also 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
[[Page 78335]]
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rate
5. Surrogate Country and Surrogate Value Data
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Export Subsidy Adjustment
10. Section 777A(f) of the Act
11. Currency Conversion
[FR Doc. 2013-30919 Filed 12-24-13; 8:45 am]
BILLING CODE 3510-DS-P