[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47463-47464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19483]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates: Negative Final Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 7, 2015, the Department of Commerce (the Department)
published the negative preliminary determination of circumvention of
the antidumping duty order \1\ on polyethylene terephthalate film,
sheet, and strip (PET film) from the United Arab Emirates (UAE).\2\ We
continue to determine that imports of PET film produced by JBF Bahrain
S.P.C. (JBF Bahrain) in the Kingdom of Bahrain (Bahrain) are not
circumventing the Order, pursuant to section 781(b) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.225(h).
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\1\ 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 the United Arab Emirates, 73 FR 66595
(November 10, 2008) (Order).
\2\ See Preliminary Negative Determination of Circumvention of
the Antidumping Order on Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates, 80 FR 26229 (May 7, 2015)
(Preliminary Determination), and the accompanying Preliminary
Decision Memorandum.
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DATES: Effective date: August 7, 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 July 29, 2014, the Department initiated an anti-circumvention
inquiry of the antidumping duty order on PET film from the UAE,
pursuant to section 781(b) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.225(h).\3\ On May 7, 2015, the Department
published the Preliminary Determination in the Federal Register. The
Department invited interested parties to comment on the Preliminary
Determination. On June 8, 2015, Polyplex USA LLC and FLEX USA, Inc.
(Domestic Parties) and JBF Bahrain submitted timely case briefs. On
June 10, 2015, the Department sent a letter to Domestic Parties, noting
certain deficiencies in Domestic Parties' submission, and requesting
that Domestic Parties resubmit their case brief. Domestic Parties
timely resubmitted their case brief on June 11, 2015. On June 15, 2015,
Domestic Parties, and DuPont Teijin Films, Mitsubishi Polyester Film
Inc., and SKC, Inc. (collectively, Petitioners), filed timely rebuttal
briefs. On June 18, 2015, JBF Bahrain submitted a timely rebuttal
brief. On July 9, 2015, pursuant to 19 CFR 351.310, the Department held
a public hearing, following a timely request by Domestic Parties.
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\3\ See Polyethylene Terephthalate Film, Sheet, and Strip the
United Arab Emirates: Initiation of Anti-Circumvention Inquiry on
Antidumping Duty Order, 79 FR 44006 (July 29, 2014).
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Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate 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. Polyethylene terephthalate 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.
Scope of the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers PET film produced in Bahrain
by JBF Bahrain from inputs (PET chips and silica chips) manufactured in
the UAE, and that is subsequently exported from Bahrain to the United
States.
Analysis of Comments Received
All issues raised in the comments by parties in this proceeding are
addressed in the Issues and Decision Memorandum.\4\ A list of the
issues which the parties raised, to which the Department has responded
in the Issues and Decision Memorandum is attached to this notice as
Appendix 1. The Issues and Decision Memorandum is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service 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 in room
B8024 of the main Commerce building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
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\4\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Polyethylene Terephthalate Film, Sheet, and Strip from
the United Arab Emirates: Decision Memorandum for the Final
Determination of Anti-Circumvention Inquiry of the Antidumping Duty
Order'' (Issues and Decision Memorandum), dated concurrently with
this determination and hereby adopted by this notice.
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Negative Final Determination of Circumvention
In the Preliminary Determination, the Department preliminarily
determined that the process of completion or assembly of PET film
produced by JBF Bahrain in Bahrain is not minor or insignificant,
within the meaning of section 781(b)(2) of the Act. After reviewing
comments from interested parties, we continue to find that the process
of completion or assembly is not minor or insignificant. Therefore the
Department determines that PET film produced by JBF Bahrain, exported
from Bahrain to the United States, is not circumventing the Order.
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
[[Page 47464]]
judicial protective order, is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This negative final circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: July 31, 2015.
Ronald K. Lorentzen
Acting Assistant Secretary for Enforcement and Compliance.
Appendix 1
List of Issues Discussed in the Issues and Decision Memorandum
Comment 1: Whether JBF Bahrain has taken deliberate action to
circumvent the Order
Comment 2: Whether JBF Bahrain's process of completion or assembly
is substantial or significant under Section 781(b)(2) of the Act
Comment 3: Whether the value of the merchandise produced in the
order country is a significant portion of the total value of the
merchandise exported to the United States under Section 781(b)(1)(D)
of the Act
Comment 4: Completion by JBF Bahrain from parts or components
produced in the UAE under Section 781(b)(1)(B) of the Act
Comment 5: Whether record evidence shows that Domestic Parties are
interested parties
[FR Doc. 2015-19483 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-DS-P