[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60136-60137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23796]
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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: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 22, 2014, 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 Dupont Teijin Films v. United States, 997 F. Supp. 2d 1338
(CIT 2014).\1\
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 12-00088, dated February 7, 2014, available at:
http://enforcement.trade.gov/remands/index.html (``PET Film Final
Remand'').
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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 the margins assigned to Tianjin Wanhua Co.,
Ltd., Sichuan Dongfang Insulating Material Co., Ltd., Fuwei Films
(Shandong) Co., Ltd., and Shaoxing Xiangyu Green Packing Co., Ltd.
(``Respondents'') for the period of review (``POR'') November 1, 2009,
through October 31, 2010.
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\2\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Results of the 2009-2010
Antidumping Duty Administrative Review of the Antidumping Duty
Order, 77 FR 14493 (March 12, 2012) (``PET Film Final Results'').
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Effective Date: August 1, 2014.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, Office IV, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION: On March 12, 2012, the Department published
the PET Film Final Results. Domestic producers Dupont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. appealed the PET Film Final Results to the CIT, and on
February 7, 2013, the CIT issued its first remand order in this case
concerning the Department's selection of its surrogate country.\3\ On
August 21, 2013, the CIT issued its second remand and ordered the
Department to reconsider its surrogate country selection with the
benefit of 2009 per-capita gross national income data.\4\
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\3\ See Dupont Teijin Films v. United States, 896 F. Supp. 2d
1302 (CIT 2013).
\4\ See Dupont Teijin Films v. United States, 931 F. Supp. 2d
1297 (CIT 2013) (``Remand Opinion and Order'').
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Pursuant to the CIT's remand instructions, the Department, under
protest, selected South Africa as the primary surrogate country for
calculating normal value.\5\ The CIT sustained the Department's PET
Film Final Remand on July 22, 2014,\6\ and, as a result, the
Respondents' dumping margins changed.
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\5\ See PET Film Final Remand.
\6\ See Dupont Teijin Films v. United States, 997 F. Supp. 2d
1338 (CIT 2014).
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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 July 22, 2014,
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 publication
requirements of Timken.
Amended Final Results
Because there is now a final court decision with respect to the PET
Film Final Results, the revised dumping margins are as follows:
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Weighted-
average
Exporter margin
(percent)
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Tianjin Wanhua Co., Ltd..................................... 19.49
Sichuan Dongfang Insulating Material Co., Ltd............... 14.25
Fuwei Films (Shandong) Co., Ltd............................. 19.35
[[Page 60137]]
Shaoxing Xiangyu Green Packing Co., Ltd..................... 19.35
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Because no party appealed the CIT's decision before the period of
appeal expired on September 22, 2014, the CIT's decision is now final
and conclusive. Accordingly, the Department will instruct U.S. Customs
and Border Protection to assess antidumping duties on entries during
the POR of the subject merchandise exported by the Respondents using
the revised assessment rates calculated by the Department in the PET
Film Final Remand.
Cash Deposit Requirements
Since the PET Film Final Results, the Department has established a
new cash deposit rate for the Respondents.\7\ Therefore, the
Respondents' cash deposit rates do not need to be updated as a result
of these amended final results. The cash deposit rate for the
Respondents will remain the rate established for the subsequent and
most-recent period during which the Respondents were reviewed.
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\7\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012, 79 FR 37715 (July 2, 2014).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: September 29, 2014.
Paul Piquado,
Assistant Secretary For Enforcement and Compliance.
[FR Doc. 2014-23796 Filed 10-3-14; 8:45 am]
BILLING CODE 3510-DS-P