[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 19964-19965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08581]
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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;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2014, 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 one
producer/exporter of subject merchandise, JBF RAK LLC (JBF). Based on
our analysis of the comments and information received, we made changes
to the Preliminary Results, which are discussed below. The final
weighted-average dumping margin is 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; 2012-2013, 79 FR 72624 (December 8, 2014)
(Preliminary Results).
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DATES: Effective Date: April 14, 2015.
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
On December 8, 2014, the Department published the Preliminary
Results. Since the Preliminary Results, the following events have taken
place: The Department received timely case briefs from JBF on January
14, 2015, and from DuPont Teijin Films, Mitsubishi Polyester Film,
Inc., and SKC, Inc., (collectively, Petitioners) on January 15,
2015.\2\ JBF filed a timely rebuttal brief on January 20, 2015.\3\
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\2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip
from the United Arab Emirates (A-520-803); Case Briefof JBF RAK,
LLC,'' dated January 14, 2015 and ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from the United ArabEmirates: Petitioners'
Case BriefCite briefs'' dated January 15, 2015.
\3\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip
from the United Arab Emirates (A-520-803); Rebuttal Brief of JBF
RAK, LLC,'' dated January 20, 2015.
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Period of Review
The period of review is November 1, 2012, through October 31, 2013.
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.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Memorandum to Ronald K. Lorentzen, Acting 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 (ACCESS).
ACCESS is available to registered users at http://access.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 JBF. Specifically, we have made
adjustments for commissions JBF received in the home and U.S. markets,
we have adjusted JBF's finance expense ratio, and we have adjusted the
materials cost to account for certain inputs JBF purchased from an
affiliated party.\4\ A complete discussion of these adjustments and
changes can be found in the Decision Memorandum.
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\4\ See Memorandum to Mark Hoadley, ``Final Analysis Memorandum
for JBF RAK LLC,'' April 7, 2015.
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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,
2012, through October 31, 2013:
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Weighted-average dumping
Producer or exporter margin (percent ad
valorem)
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JBF RAK LLC................................... 11.49
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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.\5\ 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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\5\ 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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[[Page 19965]]
For assessment purposes 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.\6\ We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review.
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\6\ See 19 CFR 351.212(b)(1).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\7\ 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.\8\
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\8\ 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 cash 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 company 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.\9\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\9\ 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 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 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Issues in the Decision Memorandum
Comment 1: Adjustments for Commissions in U.S. Dollars Rather than
Local Currency
Comment 2: Financing Expense Ratio is Not Supported by Information
on the Record
Comment 3: The Financing Expense Ratio Does Not Include All Elements
of Financing
Comment 4: Differences in Prices Paid to Affiliated and Unaffiliated
Suppliers in Material Cost Adjustments
Comment 5: Commissions to Offset Normal Value
[FR Doc. 2015-08581 Filed 4-13-15; 8:45 am]
BILLING CODE 3510-DS-P