[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56949-56951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25904]
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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 and Preliminary Determination of No Shipments; 2015-2016
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, 2015, through
October 31, 2016. The review covers two producer/exporters of the
subject merchandise, JBF RAK LLC (JBF) and UFlex Limited (UFlex). The
Department preliminarily determines that sales of subject merchandise
have been made below normal value by JBF. In addition, the Department
preliminarily finds that UFlex had no shipments during the POR.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 1, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4261.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is polyethylene terephthalate
film. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheading:
3920.62.00.90. Although the HTSUS number is provided for convenience
and for customs purposes, the written product description, available in
the Preliminary Decision Memorandum, remains dispositive.\1\
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\1\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from the United Arab Emirates
and Preliminary Determination of No Shipments'' (Preliminary
Decision Memorandum), dated concurrently with this notice.
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Methodology
The Department is conducting this review in accordance with section
[[Page 56950]]
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are 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.\2\ A list of topics included in the Preliminary
Decision Memorandum is included as an Appendix to this notice. 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 the
Preliminary Decision Memorandum are identical in content.
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\2\ Id.
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Preliminary Determination of No Shipments
On February 1, 2017, UFlex reported that it made no shipments of
subject merchandise to the United States during the POR.\3\ To confirm
UFlex's no shipment claim, the Department issued a no-shipment inquiry
to U.S. Customs and Border Protection (CBP) requesting that it review
UFlex's no shipment claim.\4\ CBP did not report that it had any
information to contradict UFlex's claim of no shipments during the POR.
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\3\ See letter from FLEX Middle East FZE and UFlex,
``Polyethylene Terephthalate Film, Sheet, and Strip from the United
Arab Emirates: Notice of No Sales,'' dated February 1, 2017.
\4\ See No shipment inquiry for polyethylene terephthalate film,
sheet, and strip from the United Arab Emirates produced and/or
reported by UFlex Limited (A-520-803), message number 7053303
(February 22, 2017).
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Given that UFlex certified that it made no shipments of subject
merchandise to the United States during the POR and there is no
information calling its claim into question, we preliminarily determine
that UFlex made no shipments during the POR. Consistent with the
Department's practice, we will not rescind the review with respect to
UFlex but, rather, will complete the review and issue instructions to
CBP based on the final results.\5\
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\5\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51306-51307 (August 28, 2014).
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Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margin for the period November 1, 2015,
through October 31, 2016:
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Weighted-
average
Manufacturer/Exporter margin
(percent)
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JBF RAK LLC................................................. 19.01
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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.\6\ 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.\7\ Executive summaries should be limited to
five pages total, including footnotes.\8\
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\6\ See 19 CFR 351.309(d)(1).
\7\ See 19 CFR 351.309(c)(2), (d)(2).
\8\ 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.\9\
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\9\ 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 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).\10\ 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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\10\ 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.
In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
JBF for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\11\ In addition, if the
Department determines that UFlex had no shipments of subject
merchandise, any suspended entries
[[Page 56951]]
that entered under UFlex's case number will be liquidated at the all-
others rate if there is no rate for the intermediate companies involved
in the transaction.\12\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\12\ Id.
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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.\13\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ 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 27, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the
Deputy 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/Constructed Export Price
8. Normal Value
9. Currency Conversions
10. Conclusion
[FR Doc. 2017-25904 Filed 11-30-17; 8:45 am]
BILLING CODE 3510-DS-P