[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75052-75053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30504]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates; Preliminary Results of Antidumping Duty Administrative
Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET Film) from the United Arab
Emirates (UAE). The period of review (POR) is November 1, 2013, through
October 31, 2014. The review covers one producer/exporter of the
subject merchandise, JBF RAK LLC (JBF). The Department preliminarily
determines that sales of subject merchandise have been made below
normal value by JBF. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: December 1, 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:
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.
Methodology
The Department is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice.\1\ The Preliminary 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
in the Central Records Unit in room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and electronic versions of
[[Page 75053]]
the Preliminary Decision Memorandum are identical in content.
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\1\ See the Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review: Polyethylene Terephthalate Film, Sheet,
and Strip from the United Arab Emirates'' (Preliminary Decision
Memorandum), dated concurrently with this notice.
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Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margins exist for the period November 1, 2013,
through October 31, 2014:
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Weighted-
Manufacturer/ exporter average margin
(percent)
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JBF RAK LLC............................................ 1.71
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Disclosure and Public Comment
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may not be filed later than five days after the
time limit for filing case briefs.\2\ Parties who submit case briefs or
rebuttal briefs in this review are requested to submit with each brief:
(1) A statement of the issue, (2) a brief summary of the argument, and
(3) a table of authorities.\3\ Executive summaries should be limited to
five pages total, including footnotes.\4\
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\2\ See 19 CFR 351.309(d)(1).
\3\ See 19 CFR 351.309(c)(2), (d)(2).
\4\ Id.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, the Department will notify
interested parties of the hearing schedule. Interested parties who wish
to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS within 30 days after the
date of publication of this notice. Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\5\
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\5\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\6\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\6\ In these preliminary results, the Department applied the
assessment rate calculation methodology 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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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from the UAE entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 4.05 percent, the
all-others rate established in the investigation.\7\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\7\ 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,
66597 (November 10, 2008).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 and the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Date of Sale
5. Discussion of Methodology
6. Product Comparisons
7. Export Price
8. Normal Value
9. Cost of Production Analysis
10. Currency Conversion
[FR Doc. 2015-30504 Filed 11-30-15; 8:45 am]
BILLING CODE 3510-DS-P