[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Page 22624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09282]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet and Strip From the United
Arab Emirates: Partial Rescission of Antidumping Duty Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
DATES: Effective Date: April 23, 2014.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, Office VII, Antidumping
and Countervailing Duty Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4261.
Background
On November 1, 2013, 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 the United Arab Emirates covering the period
November 1, 2012, through October 31, 2013.\1\ The Department received
a timely request from Petitioners \2\ for an AD administrative review
of two companies: JBF RAK LLC (JBF) and Flex Middle East FZE (Flex).\3\
In addition, the Department received a timely request for an AD review
of itself from JBF.\4\ On December 30, 2013, the Department published a
notice of initiation of administrative review with respect to Flex and
JBF.\5\ On March 31, 2014, petitioners withdrew their request for an AD
administrative review of Flex.\6\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 65612, 65613 (November 1, 2013).
\2\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester
Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.
\3\ See Petitioners' letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from United Arab Emirates: Request for
Antidumping Duty Administrative Review,'' dated December 2, 2013.
\4\ See JBF's letter, ``JBF RAK LLC/Request for A/D
Administrative Review: Polyethylene Terephthalate (PET) Film, Sheet,
and Strip from United Arab Emirates,'' dated November 29, 2013.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 78 FR
79392 (December 30, 2013).
\6\ See Petitioners' letter ``Withdrawal of Request for
Antidumping Duty Administrative Review of Flex Middle East FZE,''
dated March 31, 2014.
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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' March 31, 2014 withdrawal request was submitted within the
90-day period and thus is timely.\7\ Because Petitioners' withdrawal of
their requests for review is timely and because no other party
requested a review of Flex, we are rescinding this review with respect
to this company, in accordance with 19 CFR 351.213(d)(1). The request
from petitioners for an administrative review of JBF has not been
withdrawn. As such, we are not rescinding the review with respect to
JBF.
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\7\ The 90th day fell on March 30, 2014. However, because this
day fell on a weekend, the actual due date is the following business
day, i.e., March 31, 2014. 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, 24533 (May 10, 2005).
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Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess ADs on all appropriate entries. Subject merchandise of
Flex will be assessed ADs at rates equal to the cash deposit of
estimated ADs 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 assessment instructions to CBP 15 days
after the date of publication of this notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
of their responsibility under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement of ADs 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 the ADs occurred and the subsequent assessment of
double ADs.
Notification Regarding Administrative Protective Orders
This notice also serves as a final 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: April 17, 2014.
James Maeder,
Director, Office II, Antidumping and Countervailing Duty Operations.
[FR Doc. 2014-09282 Filed 4-22-14; 8:45 am]
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