[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88363-88365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28027]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that Nan 
Ya Plastics Corporation (Nan Ya) made no sales of subject merchandise 
to the United States at less than normal value during the period of 
review (POR) July 1, 2021, through June 30, 2022. We also continue to 
find that Shinkong Materials Technology Corporation (SMTC)/Shinkong 
Synthetic Fibers Corporation (SSFC) had no shipments of subject 
merchandise to the United States during the POR.

DATES: Applicable December 21, 2023.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3797.

[[Page 88364]]


SUPPLEMENTARY INFORMATION:

Background

    On June 26, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ This review covers two 
respondents: Nan Ya Plastics Corporation (Nan Ya); and Shinkong 
Materials Technology Corporation (SMTC)/Shinkong Synthetic Fibers 
Corporation (SSFC). On July 26, 2023, we received a case brief from 
DuPont Teijin Films, Mitsubishi Chemical America, Inc.--Polyester Film 
Division, and SK Microworks America, Inc. (collectively, the 
petitioners).\2\ On August 2, 2023, we received a rebuttal brief from 
Nan Ya.\3\ On October 23, 2023, we extended the deadline for these 
final results to December 14, 2023.\4\ For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\5\
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2021-2022, 88 
FR 41378 (June 26, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated 
July 26, 2023 (Petitioners' Case Brief).
    \3\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) Film 
from Taiwan,'' dated August 2, 2023 (Nan Ya's Rebuttal Brief).
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated October 23, 2023.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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    \6\ 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 (PET Film) from 
Taiwan, 67 FR 44174 (July 1, 2002) (Order).
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    The products covered by this Order are polyethylene terephthalate 
film, sheet, and strip (PET film) from Taiwan. For a full description 
of the scope of the Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    We address the issue raised in the case and rebuttal briefs in the 
Issues and Decision Memorandum. A list of the issues addressed in the 
Issues and Decision Memorandum is included in the appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that SMTC and its 
affiliate SSFC had no shipments of PET film during the POR, based on a 
response of the U.S. Customs and Border Protection (CBP) to Commerce's 
no-shipment inquiry, as well as certifications and supporting 
documentation provided by SMTC/SSFC.\7\ We received no comments from 
any interested party on our preliminary finding. As there is no 
information on the record that calls into question the finding in the 
Preliminary Results, we continue to find in the final results of this 
review that SMTC/SSFC had no shipments of subject merchandise during 
the POR.
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    \7\ For a full discussion of this determination, see Preliminary 
Results PDM.
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Final Results of Review

    As a result of this review, Commerce determines that the following 
weighted-average dumping margin exists for the period July 1, 2021, 
through June 30, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2) of the Act and 19 CFR 351.212(b)(1), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries covered by this review. Because we calculated a 
zero percent margin in the final results of this review for Nan Ya, in 
accordance with 19 CFR 351.212 we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. In addition, 
as Commerce continues to find that SMTC/SSFC did not have any shipments 
of subject merchandise during the POR, we will instruct CBP to 
liquidate any suspended entries of subject merchandise associated with 
SMTC/SSFC at the all-others rate.
    Commerce intends to issue appropriate assessment instructions 
directly to CBP no earlier than 35 days after the date of publication 
of the final results of this administrative review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit 
rate for Nan Ya will be zero, the rate established in the final results 
of this review; (2) for previously reviewed or investigated companies 
not covered in this review, the cash deposit rate will continue to be 
the company specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this or any previous review or in 
the original less-than-fair-value (LTFV) investigation but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review or the LTFV investigation, the cash deposit rate 
will continue to be the all-others rate of 2.40 percent, which is the 
all-others rate established by Commerce in the LTFV investigation.\8\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \8\ See Order.
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Commerce's presumption that 
reimbursement of antidumping duties

[[Page 88365]]

occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 Interested Parties

    These results are being issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: December 14, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
    Comment: Whether to Rely on Facts Available and Apply an Adverse 
Inference Regarding Nan Ya's Cost Reporting
V. Recommendation

[FR Doc. 2023-28027 Filed 12-20-23; 8:45 am]
BILLING CODE 3510-DS-P