Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20357 

1See Polyethylene Terephthalate Film, Sheet, and 

Strip from the United Arab Emirates: Preliminary 

Results of Antidumping Duty Administrative 

Review, 76 FR 76365 (December 7, 2011). 

results of these reviews are currently 

due no later than May 2, 2012. 

Statutory Time Limits 

In antidumping duty administrative 

reviews, section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (the 

‘‘Act’’), requires the Department to make 

a preliminary determination within 245 

days after the last day of the anniversary 

month of an order for which a review 

is requested and a final determination 

within 120 days after the date on which 

the preliminary results are published. 

However, if it is not practicable to 

complete the review within these time 

periods, section 751(a)(3)(A) of the Act 

allows the Department to extend the 

time limit for the preliminary 

determination to a maximum of 365 

days after the last day of the anniversary 

month. 

Extension of Time Limit for Preliminary 

Results of Review 

We determine that it is not practicable 

to complete the preliminary results of 

these reviews within the original time 

limit because the Department requires 

additional time to analyze questionnaire 

responses, issue supplemental 

questionnaires, conduct verification, 

and to evaluate surrogate value 

submissions. 

Therefore, the Department is 

extending the time limit for completion 

of the preliminary results of these 

reviews by 120 days. The preliminary 

results will now be due no later than 

August 30, 2012. The final results 

continue to be due 120 days after the 

publication of the preliminary results. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(3)(A) and 777(i) of the Act. 

Dated: March 26, 2012. 

Gary Taverman, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2012–8116 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–DS–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 7, 2011, 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.1

This review covers one producer/ 

exporter of subject merchandise: JBF 

RAK LLC (JBF). Based on 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 4, 2012 

FOR FURTHER INFORMATION CONTACT: 

Andrew Huston, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the preliminary results, the 

following events have taken place. JBF 

submitted a timely case brief on January 

6, 2012. DuPont Teijin Films, 

Mitsubishi Polyester Film, Inc., SKC, 

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

(collectively, Petitioners) filed a timely 

rebuttal brief on January 11, 2012. 

Period of Review 

The period of review is November 1, 

2009, through October 31, 2010. 

Scope of the Order 

The products covered by the order are 

all gauges of raw, pre-treated, or primed 

polyethylene terephthalate film (PET 

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 to Paul Piquado, 

Assistant Secretary for Import 

Administration, from Christian Marsh, 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, ‘‘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 hereby 

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 electronically via Import 

Administration’s Antidumping and 

Countervailing Duty Centralized 

Electronic Services System (IA 

ACCESS). Access to IA ACCESS is 

available in the Central Records Unit 

(CRU) of the main Commerce Building, 

room 7046. In addition, a complete 

version of the Decision Memorandum is 

also accessible on the Web at http:// 

ia.ita.doc.gov/frn. The signed Decision 

Memorandum and the electronic 

versions 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 margin program to correct an 

error in the deduction of credit expenses 

from the home market gross unit price. 

Final Results of Review 

As a result of our review, we 

determine that the following weightedaverage margin exists for the period of 

November 1, 2009, through October 31, 

2010: 

Manufacturer/exporter 

WeightedAverage 

margin 

(percent) 

JBF RAK LLC ....................... 3.14 

Assessment Rates 

The Department shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries of subject 

merchandise in accordance with the 

final results of this review. For 

assessment purposes, where the 

respondent reported the entered value 

for its sales, we calculated importerspecific (or customer-specific) ad 


emcdonald on DSK29S0YB1PROD with NOTICES
20358 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

2 JBF notified CBP in a ‘‘prior disclosure’’ letter 

that some entries of subject merchandise were 

misidentified as ‘‘free and dutiable’’ entries at the 

time of entry. A ‘‘prior disclosure’’ letter is 

provided for in CBP’s regulations (19 CFR 162.74). 

The letter allows importers to correct mistakes 

made during the entry process on their initiative, 

thus avoiding possible sanctions or penalties. JBF 

has certified that it is working with CBP to ensure 

these entries are properly classified, and the 

Department is working with CBP to ensure that all 

entries, including those misidentified, will be 

assessed at the appropriate rate in accordance with 

these final results. 

3See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

4See id.; see also 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 (November 

10, 2008) (Order). 5See Order. 

1See Certain Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam: Preliminary Results 

of Antidumping Duty New Shipper Review, 77 FR 

1053 (January 9, 2012) (‘‘Preliminary Results’’). 

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)(1). 

However, where the respondent did not 

report the entered value for its sales, we 

have calculated importer-specific (or 

customer-specific) per-unit assessment 

rates by aggregating the total amount of 

antidumping duties calculated for the 

examined sales and dividing this 

amount by the total quantity of those 

sales.2 We will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review if any 

importer-specific assessment rate 

calculated in the final results of this 

review is above de minimis (i.e., at or 

above 0.50 percent). Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate, without regard to 

antidumping duties, any entries for 

which the assessment rate is de 

minimis. 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, 2003.3 This clarification applies 

to entries of subject merchandise during 

the period of review produced by JBF 

for which JBF did not know the 

merchandise it sold to an intermediary 

(e.g., a reseller, trading company, or 

exporter) was destined for the United 

States. In such instances, we will 

instruct CBP to liquidate non-reviewed 

entries at the all-others rate of 4.05 

percent from the investigation if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction.4

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 company 

covered by this review, the cash deposit 

rate will be the rate 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 companyspecific 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 4.05 percent, 

the all-others rate established in the less 

than fair value investigation.5 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 Department’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: March 29, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix 

Issues in the Decision Memorandum 

Comment 1: Zeroing 

Comment 2: Deductions from Home Market 

Price 

[FR Doc. 2012–8108 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Final Results of Antidumping 

Duty New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 9, 2012, the 

Department of Commerce 

(‘‘Department’’) published in the 

Federal Register the preliminary results 

of the new shipper review of the 

antidumping duty order on certain 

frozen warmwater shrimp (‘‘shrimp’’) 

from the Socialist Republic of Vietnam 

(‘‘Vietnam’’).1 We gave interested 

parties an opportunity to comment on 

the Preliminary Results. None were 

submitted. As a result, these final 

results do not differ from the 

Preliminary Results. The final dumping 

margin for Thong Thuan Company 

Limited, and its subsidiary company, 

Thong Thuan Seafood Company 

Limited (collectively, ‘‘Thong Thuan’’) 

for the period of review (‘‘POR’’) 

February 1, 2010, through January 31, 

2011, is listed in the ‘‘Final Results of 

Review’’ section below. 

DATES: Effective Date: April 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Susan Pulongbarit, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–4031. 


emcdonald on DSK29S0YB1PROD with NOTICES