[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20357-20358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8108]


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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.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review, 76 FR 76365 (December 7, 2011).

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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 
weighted-average margin exists for the period of November 1, 2009, 
through October 31, 2010:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   Average margin
                                                             (percent)
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JBF RAK LLC.............................................            3.14
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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 importer-specific (or 
customer-specific) ad

[[Page 20358]]

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.
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    \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.
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    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\
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    \3\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \4\ See 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).
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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 
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 4.05 percent, the all-others 
rate established in the less than fair value investigation.\5\ These 
deposit requirements shall remain in effect until further notice.
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    \5\ See Order.
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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