[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6689-6690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02456]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-841, A-520-803, A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil,
the People's Republic of China, and the United Arab Emirates:
Continuation and Revocation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC) in their five year (sunset) reviews that revocation of the
antidumping duty (AD) order on polyethylene terephthalate film, sheet,
and strip (PET Film) from the People's Republic of China (PRC) and the
United Arab Emirates (UAE) would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, the Department is publishing a notice of continuation for these
antidumping duty orders. As a result of the ITC's determination that
revocation of the AD order on PET Film from Brazil is not likely to
lead to the continuation or recurrence of material injury to an
industry in the United States, the Department is revoking this AD
order.
DATES: Effective Date: AD Brazil Revocation: November 10, 2013; AD PRC
and UAE Continuation: February 6, 2015.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5255.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2013, the Department initiated the sunset reviews on
the AD orders on PET film from Brazil, the PRC, and the UAE pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a
result of the reviews, the Department found that revocation of the AD
orders on PET Film from Brazil, the PRC, and the UAE would likely to
lead to continuation or recurrence of dumping, and notified the ITC of
the margins of dumping likely to prevail should the order be
revoked.\2\
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\1\ See Initiation of Five year (``Sunset'') Review, 78 FR 60253
(October 1, 2013).
\2\ See Polyethylene Terephthalate Film, Sheet and Strip From
Brazil, the People's Republic of China, and the United Arab
Emirates: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 79 FR 10095, (February 24, 2014).
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On January 23, 2015, the ITC published its determination, pursuant
to section 751(c)(1) and section 752(a) of the Act, that revocation of
the AD order on PET Film the PRC and the UAE would be likely to lead to
the continuation or recurrence of material injury within a reasonably
foreseeable time, but that revocation of the AD order on PET Film from
Brazil would not be likely to do so.\3\
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\3\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Brazil, China, and the United Arab Emirates, 80 FR 3623 (January 23,
2015). On the same day, the ITC also determined that revocation of
the antidumping orders of PET Film from the PRC and the UAE would
lead to a continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.
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Scope of the Order
The products covered by this order are all gauges of raw, pre-
treated, or primed 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 3920.62.0090 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.
Scope Determinations on PET Film From the PRC
Since these orders were published, there was one scope
determination for PET film from the PRC, with notice of the decision
published on July 1, 2010. In this determination, requested by Coated
Fabrics Company, the Department determined that Amorphous PET
(``APET''), Glycol-modified PET (``PETG''), and coextruded APET with
PETG on its outer surfaces (``GAG Sheet''), are within the scope of the
antidumping duty order of PET Film from the PRC.\4\
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\4\ See Notice of Scope Rulings, 75 FR 38081 (July 1, 2010).
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[[Page 6690]]
Continuation of the Order on PET Film From the PRC and the UAE
As a result of the determinations by the Department and the ITC
that revocation of these antidumping duty orders would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to sections 751(c) and
751(d)(2) of the Act, the Department hereby orders the continuation of
the AD order on PET Film from the PRC and the UAE. U.S. Customs and
Border Protection (CBP) will continue to collect antidumping duty cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of this order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year review of this order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
Revocation of the Order on PET Film From Brazil
As a result of the determination by the ITC that revocation of this
AD order is not likely to lead to the continuation or recurrence of
material injury to an industry in the United States, the Department is
revoking the AD order on PET Film from Brazil. Pursuant to section
751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of
revocation is November 10, 2013 (i.e., the fifth anniversary of the
date of publication in the Federal Register of the order \5\).
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\5\ See 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 United Arab Emirates, 73 FR 66595 (November
10, 2008).
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Cash Deposit and Assessment of Duties on PET Film From Brazil
The Department will notify U.S. Customs and Border Protection
(CBP), 15 days after the publication of this notice, to terminate the
suspension of liquidation and to discontinue the collection of cash
deposits on entries of PET Film from Brazil, entered or withdrawn from
warehouse, on or after November 10, 2013. The Department will further
instruct CBP to refund with interest all cash deposits on entries made
on or after November 10, 2013. Entries of subject merchandise prior to
the effective date of revocation will continue to be subject to
suspension of liquidation and AD deposit requirements and assessments.
The Department will complete any pending or requested administrative
reviews of the order on PET Film from Brazil covering entries prior to
November 10, 2013.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO
which, may be subject to sanctions.
This five-year (sunset) review and notice are in accordance with
sections 751(c) and 751(d)(2), and 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: January 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-02456 Filed 2-5-15; 8:45 am]
BILLING CODE 3510-DS-P