[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67113-67115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26851]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824, A-583-837]
Polyethylene Terephthalate Film, Sheet and Strip From India and
Taiwan: Preliminary Results of the Second Sunset Review of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: November 8, 2013.
SUMMARY: On April 2, 2013, the Department of Commerce (``Department'')
initiated the second sunset review of the antidumping duty orders on
Polyethylene Terephthalate Film, Sheet and Strip (``PET Film'') from
India and Taiwan. The Department determined that it was appropriate to
conduct full reviews. The Department
[[Page 67114]]
preliminarily finds that revocation of these antidumping duty orders
would be likely to lead to continuation or recurrence of dumping at the
rates identified in the ``Preliminary Results of Review'' section of
this notice.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Myrna Lobo,
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) 482-5255 or (202) 482-2371, respectively.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty orders on PET Film from India and Taiwan were
published on July 1, 2002.\1\ On April 2, 2013, the Department
initiated the second sunset review of these orders pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act'').\2\ The
Department received a notice of intent to participate from DuPont
Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc.
(collectively, ``the domestic interested parties''), within the
deadline specified in 19 CFR 351.218(d)(1)(i). DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., and SKC, Inc. are manufacturers of a
domestic like product in the United States and, accordingly, are
domestic interested parties pursuant to section 771(9)(C) of the Act.
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\1\ See Notice of Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping Duty Order:
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR
44175 (July 1, 2002); see also Notice of Amended Final Antidumping
Duty Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET
Film) from Taiwan, 67 FR 44174 (July 1, 2002).
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 19647
(April 2, 2013).
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On May 2, 2013, the Department received an adequate substantive
response to the notice of initiation from the domestic interested
parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department received no response from the
respondent interested parties, i.e., PET Film producers and exporters
from India and/or Taiwan. On the basis of the notice of intent to
participate and adequate substantive response filed by the domestic
interested parties and the inadequate response from any respondent
interested party, the Department decided to conduct expedited sunset
reviews of these orders pursuant to section 751(c)(3)(B) of the Act and
19 CFR 351.218(e)(1)(ii)(C). However, on July 22, 2013, the Department
revised its original adequacy determination and determined to conduct
full sunset reviews of these orders.\3\ The Department also extended
the deadline for issuing the preliminary results of these full sunset
reviews by 90 days, to October 18, 2013.\4\ The reviews were converted
to full sunset reviews to provide interested parties with an
opportunity to comment concerning the implementation of the Final
Modification for Reviews, and the deadline was extended for the
preliminary results of these reviews because these reviews are
extraordinarily complicated.\5\ On October 18, 2013, the Department
issued a tolling memorandum extending all deadlines by 16 days for the
duration of the government shutdown.\6\ The deadline for these reviews
is now November 4, 2013.
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\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Mark Hoadley, Acting Director, Office 6, on ``Sunset Reviews of the
Antidumping Duty Orders on Polyethylene Terephthalate Film from
India and Taiwan: Adequacy Redetermination, '' dated July 22, 2013.
\4\ See Polyethylene Terephthalate Film from India and Taiwan:
Extension of Time Limits for Preliminary and Final Results of the
Second Antidumping Duty Sunset Reviews 78 FR 45512 (July 29, 2013)
(``PET Film Extension Notice'').
\5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification for Reviews, 77 FR 8101
(February 14, 2012) (``Final Modification for Reviews'').
\6\ See ``Memorandum for The Record from Paul Piquado, Assistant
Secretary of Enforcement and Compliance,'' dated October 18, 2013
(``Tolling Memorandum'')
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Scope of the Orders
The products covered by these orders are all gauges of raw,
pretreated or primed PET film, whether extruded or coextruded. 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 of more than 0.00001 inches
thick. Imports of PET film were classifiable in the Harmonized Tariff
Schedule of the United States (``HTSUS'') under item number 3920.62.00.
Effective July 1, 2003, the HTSUS subheading 3920.62.00.00 was divided
into 3920.62.00.10 (metallized PET film) and 3920.62.00.90 (non-
metallized PET film). Although the HTSUS subheadings are provided for
the convenience and customs purposes, the written description of the
scope of these orders is dispositive. Since these orders were
published, there was one scope determination for PET film from India,
dated August 25, 2003. In this determination, requested by
International Packaging Films Inc., the Department determined that
tracing and drafting film is outside of the scope of the order on PET
film from India.\7\
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\7\ See Notice of Scope Rulings, 70 FR 24533 (May 10, 2005).
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Analysis of Comments Received
All issues raised for the preliminary results of these reviews are
addressed in the Issues and Decision Memorandum (``Decision
Memorandum'') from Edward Yang, Director, Office VII, Office of AD/CVD
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice. The issues discussed
in the Decision Memorandum are the likelihood of continuation or
recurrence of dumping, and the magnitude of the margins of dumping
likely to prevail if these orders were revoked. The analysis addresses
the impact of the Final Modification for Reviews on these reviews.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum
which is on file electronically via Import Administration's Antidumping
and Countervailing Duty Centralized Electronic Service System (IA
ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central
Records Unit in room 7046 of the main Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Internet at http://trade.gov/enforcement/. The signed Decision
Memorandum and electronic versions of the Decision Memorandum are
identical in content.
Preliminary Results of Review
Pursuant to sections 752(c)(1) and (3) of the Act, we preliminarily
determine that revocation of the antidumping duty orders on PET Film
from India and Taiwan would be likely to lead to continuation or
recurrence of dumping. Further, we determine that the magnitude of the
margins of dumping likely to prevail are as follows:
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Margin
Exporter or producer (percent)
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Ester Industries Limited, Inc.............................. 24.10
Polyplex Corporation Limited............................... 3.02
All Others................................................. 16.96
[[Page 67115]]
Nan Ya Plastics Corporation, Ltd........................... 8.99
Shinkong Synthetic Fibers Corporation/Shinkong Materials 0.75
Technology Co., Ltd.......................................
All Others................................................. 4.37
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Interested parties may submit case briefs no later than 50 days
after the date of publication of the preliminary results of these full
sunset reviews, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal
briefs, which must be limited to issues raised in the case briefs, may
be filed not later than five days after the time limit for filing case
briefs in accordance with 19 CFR 351.309(d). Any interested party may
request a hearing within 30 days of publication of this notice in
accordance with 19 CFR 351.310(c). A hearing, if requested, will be
held two days after the date the rebuttal briefs are due. The
Department will issue a notice of final results of these full sunset
reviews, which will include the results of its analysis of issues
raised in any such comments, no later than March 13, 2014.\8\
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\8\ See PET Film Extension Notice; see also Tolling Memorandum.
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The Department is issuing and publishing these preliminary results
and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: November 4, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26851 Filed 11-7-13; 8:45 am]
BILLING CODE 3510-DS-P