[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Pages 24401-24403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09891]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates: Final Results of Antidumping Duty Administrative Review;
2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice.
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SUMMARY: On December 24, 2013, the Department of Commerce (the
Department) published the preliminary results of administrative review
of the antidumping duty order on polyethylene terephthalate film (PET
Film) from the United Arab Emirates.\1\ This review covers two producer
or exporters of subject merchandise: JBF RAK LLC (JBF) and FLEX Middle
East FZE (FLEX). Based on our analysis of the comments received, we
made changes to the Preliminary Results, which are discussed below. The
final weighted-average dumping margins are listed below in the section
titled ``Final Results of Review.''
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 77649 (December 24, 2013)
(Preliminary Results).
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DATES: April 30, 2014.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4261.
SUPPLEMENTARY INFORMATION:
Background
Since the Preliminary Results, the following events have taken
place: The Department received timely case briefs from Mitsubishi
Polyester Film, Inc., and SKC, Inc., (collectively, Petitioners) and
JBF on January 23, 2014. Petitioners filed a timely rebuttal brief with
the Department on January 28, 2014.
Period of Review
The period of review is November 1, 2011, through October 31, 2012.
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film (PET Film), whether
extruded or co-extruded. Excluded are metallized films and other
finished films that have had at least one of their surfaces modified by
the application of a performance-enhancing resinous or inorganic layer
more than 0.00001 inches thick. Also excluded is roller transport
cleaning film which has at least one of its surfaces modified by
application of 0.5 micrometers of SBR latex. Tracing and drafting film
is also excluded. PET Film is classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United States
(HTSUS). While HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive.
[[Page 24402]]
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Antidumping Duty Administrative Review of Polyethylene Terephthalate
Film, Sheet, and Strip from the United Arab Emirates: Issues and
Decision Memorandum for the Final Results'' (Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice. A list of
the issues addressed in the Decision Memorandum is appended to this
notice. The Decision Memorandum is a public document and is available
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Services System (IA ACCESS).
IA ACCESS is available to registered users at http://iaacess.trade.gov,
and it is available to all parties in the Central Records Unit of the
main Commerce Building, room 7046. In addition, a complete version of
the Decision Memorandum is also accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Decision Memorandum
and the electronic versions of the Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made adjustments
to our margin calculations for FLEX. Specifically, in response to
allegations raised by Petitioners, we made changes to correct certain
errors in FLEX's margin calculation.\2\ There have been no changes to
the margin calculation for JBF.
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\2\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum
for Flex Middle East FZE,'' April 23, 2014.
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Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period of November 1,
2011, through October 31, 2012:
------------------------------------------------------------------------
Weighted
average
dumping
Producer or Exporter margin
(percent ad
valorem)
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JBF RAK LLC............................................. 1.41
FLEX Middle East FZE.................................... 15.92
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Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.\3\ The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
these final results of review.
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\3\ 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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For assessment purposes for JBF and FLEX, we calculated importer-
specific, ad valorem assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales to the total
entered value of those same sales.\4\ However, where the respondent did
not report the entered value for its sales, we calculated importer-
specific, per-unit assessment rates by aggregating the total amount of
dumping calculated for the examined sales and dividing this amount by
the total quantity of those sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
the importer-specific assessment rate calculated in the final results
of this review is not zero or de minimis (i.e., less than 0.50
percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate, without regard to antidumping duties, all entries for which
the assessment rate is zero or de minimis.
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\4\ See 19 CFR 351.212(b)(1).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\5\ This clarification applies to entries of subject
merchandise during the period of review produced by companies under
review in these final results for which the reviewed companies did not
know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate such entries at the all-
others rate of 4.05 percent from the less-than-fair-value investigation
if there is no rate for the intermediate company(ies) involved in the
transaction.\6\
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\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\6\ See id.; see also Polyethylene Terephthalate Film, Sheet,
and Strip From Brazil, the People's Republic of China and the United
Arab Emirates: Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595, 66596 (November 10, 2008).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930,
as amended (the Act): (1) For the companies covered by this review, the
cash deposit rate will be equal to the weighted-average dumping margin
listed above in the section ``Final Results of Review;'' (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a previously completed segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the final results for the most recent period
in which that producer or exporter participated; (3) if the exporter is
not a firm covered in this review or in any previous segment of this
proceeding, but the producer is, then the cash deposit rate will be
that established for the producer of the merchandise in these final
results of review or in the final results for the most recent period in
which that producer participated; and (4) if neither the exporter nor
the producer is a firm covered in this review or in any previously
completed segment of this proceeding, then the cash deposit rate will
be 4.05 percent, the all-others rate established in the less than fair
value investigation.\7\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\7\ See id.
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Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby
[[Page 24403]]
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Importers
This notice also serves as a final 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 Department's presumption that
reimbursement of antidumping duties occurred which will result in the
subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: April 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues in the Decision Memorandum
Comment 1: Correction of Certain Errors in FLEX's SAS Program
Comment 2: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 3: Differential Pricing Analysis
Comment 4: Alleged Error in Department's SAS Programming
Comment 5: Grade A and Grade B Sales
Comment 6: 15-Day Liquidation Policy
[FR Doc. 2014-09891 Filed 4-29-14; 8:45 am]
BILLING CODE 3510-DS-P