Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 22867 

1Public versions of all memoranda referenced in 

this notice are on file in the Department’s Central 

Records Unit (CRU) in Room 7046 of the main 

Department of Commerce building. 

Federal Register. This Order is effective 

upon issuance and shall remain in effect 

for 180 days. 

Issued this 18th day of April 2011. 

David W. Mills, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2011–9932 Filed 4–22–11; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–520–803] 

Polyethylene Terephthalate Film, 

Sheet, and Strip From the United Arab 

Emirates: Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On December 17, 2010, the 

Department of Commerce (the 

Department) published the preliminary 

results of administrative review of the 

antidumping duty order on 

polyethylene terephthalate film (PET 

Film) from the United Arab Emirates. 

This review covers two producers/ 

exporters of subject merchandise: JBF 

RAK LLC (JBF) and FLEX Middle East 

FZE (FLEX). Based on the results of our 

analysis of the comments received, we 

have made changes to the preliminary 

results, which are discussed below. For 

the final dumping margins, see the 

‘‘Final Results of Review’’ section below. 

DATES: Effective Date: April 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Huston or Jun Jack Zhao, AD/ 

CVD Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 428–4261 or (202) 482– 

1396, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the preliminary results, the 

following events have taken place. See 

Polyethylene Terephthalate Film, Sheet, 

and Strip From the United Arab 

Emirates: Preliminary Results of 

Antidumping Duty Administrative 

Review, 75 FR 78968 (December 17, 

2010) (Preliminary Results). A sales 

verification of JBF was conducted from 

December 12, 2010, through December 

16, 2010. See Memorandum to the File, 

‘‘Verification of the Sales Response of 

JBF RAK LLC in the Antidumping 

Review of Polyethylene Terephthalate 

Film Sheet and Strip (PET Film) from 

the United Arab Emirates’’ (February 17, 

2011).1 JBF submitted a timely case brief 

on February 28, 2011. DuPont Teijin 

Films, Mitsubishi Polyester Film, Inc., 

SKC, Inc., and Toray Plastics (America), 

Inc. filed a timely rebuttal brief on 

March 8, 2011. We did not receive a 

case brief from FLEX. 

Period of Review 

The period of review is November 6, 

2008, through October 31, 2009. 

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. PET 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. 

Analysis of Comments Received 

The issues raised in the case and 

rebuttal briefs by parties in this 

administrative review are addressed in 

the memorandum from Christian Marsh, 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, ‘‘Antidumping Duty 

Administrative Review of Polyethylene 

Terephthalate Film, Sheet, and Strip 

from the United Arab Emirates: Issues 

and Decision Memorandum for the 

Final Results’’ (Decision Memorandum), 

dated concurrently with, and herby 

adopted by this notice. A list of the 

issues addressed in the Decision 

Memorandum is appended to this 

notice. The Decision Memorandum is 

on file in the Department’s CRU, and 

can be accessed directly on the Internet 

at http://ia.ita.doc.gov/frn. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

adjustments to our margin calculations 

for JBF. Specifically, we revised coding 

in our comparison market SAS program 

to correct an error that resulted in 

different variable cost of manufacturing 

figures being used for identical U.S. and 

home market products. 

Final Results of Review 

As a result of our review, we 

determine that the following weightedaverage margins exist for the period of 

November 6, 2008, through October 31, 

2009: 

Manufacturer/exporter 

Weightedaverage 

margin 

(percent) 

FLEX Middle East FZE ......... 3.16 

JBF RAK LLC ....................... 4.88 

Assessment Rates 

The Department shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. We will 

instruct CBP to liquidate entries of 

merchandise produced and/or exported 

by Flex and JBF. For assessment 

purposes, where the respondents 

reported the entered value for their 

sales, we calculated importer-specific 

(or customer-specific) ad valorem 

assessment rates based on the ratio of 

the total amount of the dumping duties 

calculated for the examined sales to the 

total entered value of those same sales. 

See 19 CFR 351.212(b). However, where 

the respondents did not report the 

entered value for their sales, we will 

calculate importer-specific (or customerspecific) per-unit assessment rates. The 

Department intends to issue appropriate 

assessment instructions directly to CBP 

15 days after the date of publication of 

these final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by Flex or JBF for which the 

reviewed companies did not know their 

merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate non-reviewed 

entries at the all-others rate of 4.80 

percent from the investigation if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction. See Polyethylene 


jdjones on DSKHWCL6B1PROD with NOTICES
22868 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 

Terephthalate Film, Sheet, and Strip 

from the United Arab Emirates: Final 

Determination of Sales at Less Than 

Fair Value, 73 FR 55036 (September 24, 

2008) (Investigation Final 

Determination). 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

final results of this administrative 

review for all shipments of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of these final 

results, as provided by section 

751(a)(2)(C) of the Tariff Act of 1930, as 

amended (the Act): (1) For the 

companies covered by this review, the 

cash deposit rate will be the rates listed 

above in the section ‘‘Final Results of 

Review;’’ (2) for merchandise exported 

by producers or exporters not covered in 

this review but covered in a previous 

segment of this proceeding, the cash 

deposit rate will continue to be the 

company-specific rate published in the 

most recent final results in which that 

producer or exporter participated; (3) if 

the exporter is not a firm covered in this 

review or in any previous segment of 

this proceeding, but the producer is, the 

cash deposit rate will be that established 

for the producer of the merchandise in 

these final results of review or in the 

most recent final results in which that 

producer participated; and, (4) if neither 

the exporter nor the producer is a firm 

covered in this review or in any 

previous segment of this proceeding, the 

cash deposit rate will be 4.80 percent, 

the all-others rate established in the less 

than fair value investigation. See 

Investigation Final Determination. 

These deposit requirements shall 

remain in effect until further notice. 

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). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Importers 

This notice also serves as a final 

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 Secretary’s 

presumption that reimbursement of 

antidumping duties occurred, and in the 

subsequent assessment of double 

antidumping duties. 

We are issuing and publishing these 

final results and this notice in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: April 18, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

Issues in the Decision Memorandum 

Comment 1: Sample Transactions 

Comment 2: Values Reported for Average 

Cost of Manufacturing 

Comment 3: Transactions Outside the 

Ordinary Course of Trade 

Comment 4: Matching Criteria 

Comment 5: Zeroing 

[FR Doc. 2011–9967 Filed 4–22–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–351–829] 

Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From Brazil: 

Final Results of Countervailing Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 7, 2010, the 

Department of Commerce (Department) 

issued the preliminary results of 

administrative review of the 

countervailing duty order on certain 

hot-rolled flat-rolled carbon-quality 

steel products (HRS) from Brazil for the 

period January 1, 2008, through 

December 31, 2008. Based on the results 

of our verification and the analysis of 

the comments received, the Department 

has made certain revisions to the 

subsidy rates for the respondent, Usinas 

Siderurgicas de Minas Gerais 

(USIMINAS) and its subsidiary, 

Companhia Siderurgica Paulista 

(COSIPA). The final subsidy rate for the 

reviewed company is listed below in the 

section entitled ‘‘Final Results of 

Review.’’ 

DATES: Effective Date: April 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo, Justin Neuman or Milton 

Koch, AD/CVD Operations, Office 6, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–2371, 

(202) 482–0486 and (202) 482–2584, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the issuance of Certain HotRolled Flat-Rolled Carbon-Quality Steel 

Products From Brazil: Preliminary 

Results of Countervailing Duty 

Administrative Review, 75 FR 64700 

(October 20, 2010) (Preliminary Results), 

the following events have occurred. The 

Department issued its third 

supplemental questionnaire to the 

Government of Brazil (GOB) and to 

USIMINAS/COSIPA on November 9, 

2010. On the same day, the Department 

informed parties of the postponement of 

the briefing schedule. The GOB and 

USIMINAS/COSIPA filed their 

responses on November 23, 2010, and 

December 3, 2010, respectively. On 

December 13, 2010, the United States 

Steel Corporation (USS or petitioner) 

submitted factual information in 

rebuttal to information contained in 

USIMINAS/COSIPA’s December 3, 2010 

questionnaire response. On January 6, 

2011, the Department issued a fourth 

supplemental questionnaire to 

USIMINAS/COSIPA and the company 

submitted its response on January 19, 

2011. On January 20, 2011, the 

Department placed on the record 

information from the investigation of 

cold-rolled steel and the prior 

administrative review of the instant 

order on HRS. See Memorandum to The 

File from Justin M. Neuman, Analyst, 

Certain Hot-Rolled Carbon Steel Flat 

Products from Brazil: Additional 

Programs Memorandum and Calculation 

Memorandum, Certain Hot-Rolled 

Carbon Steel Flat Products from Brazil, 

dated January 20, 2011. 

On December 14, 2010, the 

Department extended the deadline for 

the final results from February 17, 2011 

to April 18, 2011. See Certain HotRolled Flat-Rolled Carbon-Quality Steel 

Products From Brazil: Extension of Time 

Limit for Final Results of Countervailing 

Duty Administrative Review, 75 FR 

77828 (December 14, 2010). 

On January 21, 2011, USS submitted 

comments in light of the Department’s 

planned verification. In accordance with 

section 782(i) of the Tariff Act of 1930, 

as amended (‘‘the Act’’) the Department 

conducted verification in Brazil of the 

questionnaire responses of USIMINAS/ 

COSIPA from January 24 to January 27, 

2011, and of one program of the GOB on 

January 28, 2011. See Memorandum to 


jdjones on DSKHWCL6B1PROD with NOTICES