[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Page 76456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31320]



International Trade Administration


Polyethylene Terephthalate Film, Sheet and Strip from Taiwan: 
Partial Rescission of the Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: December 28, 2012.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Milton Koch, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3964 or (202) 482-2584, respectively.


    On July 2, 2012, the Department of Commerce (Department) published 
a notice of opportunity to request an administrative review of the 
antidumping duty (AD) order on polyethylene terephthalate film, sheet 
and strip from Taiwan covering the period July 1, 2011, through June 
30, 2012.\1\ The Department received a timely request for an AD 
administrative review from Petitioners \2\ for two companies: Shinkong 
Materials Technology Corporation (Shinkong), and Nan Ya Plastics 
Corporation (Nan Ya). On August 30, 2012, the Department published a 
notice of initiation of administrative review with respect to Nan Ya 
and Shinkong.\3\ On September 26, 2012, DuPont Teijin Films, one of the 
petitioners who requested the review, withdrew its request for an 
administrative review of Nan Ya and Shinkong. On November 30, 2012, 
Mitsubishi Polyester Film, Inc., SKC Inc., and Toray Plastics withdrew 
the remaining request for an administrative review of Nan Ya.

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 39216, 39217 (July 2, 2012).
    \2\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
52688 (August 30, 2012).

Rescission, In Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Petitioners' withdrawal requests were timely submitted within the 90-
day period.\4\ As the withdrawal letters filed by Petitioners are 
timely and no other party requested a review of Nan Ya, we are 
rescinding this review with respect to Nan Ya, in accordance with 19 
CFR 351.213(d)(1). Because the review request for Shinkong was not 
withdrawn by Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray 
Plastics, Inc., the Department will continue to conduct the AD 
administrative review of Shinkong.

    \4\ The 90th day fell on November 28, 2012; however, as 
explained in the memorandum from the Assistant Secretary for Import 
Administration, the Department has exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 29, through October 30, 2012. Thus, all deadlines in 
this segment of the proceeding have been extended by two days. The 
revised deadline for withdrawing a review request was therefore, 
November 30, 2012. See Memorandum to the Record from Paul Piquado, 
Assistant Secretary for Import Administration, regarding ``Tolling 
of Administrative Deadlines As a Result of the Government Closure 
During the Recent Hurricane'' (October 31, 2012).


    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. Nan Ya 
shall be assessed antidumping duties at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 

    Dated: December 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
[FR Doc. 2012-31320 Filed 12-27-12; 8:45 am]