[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10051-10053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03897]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2012-2013

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

SUMMARY: On August 21, 2014, the Department of Commerce (``the 
Department'') published its preliminary results of the administrative 
review of the antidumping duty order on polyethylene terephthalate 
film, sheet, and strip (PET film) from Taiwan.\1\ Based upon our 
analysis of the comments received, we have made no changes to the 
margin calculations for these final results and continue to determine 
that Nan Ya Plastics Corporation (``Nan Ya'') made sales of subject 
merchandise to the United States at below normal value. The final 
dumping margin is listed below in the ``Final Results of Review'' 
section of this notice.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 49496 (August 21, 2014) (``Preliminary 
Results'').

DATED: Effective Date: February 25, 2015.\2\
---------------------------------------------------------------------------

    \2\ Due to the closure of the Federal Government in Washington, 
DC on February 17, 2015, the Department reached this determination 
on the next business day (i.e., February 18, 2015). See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).

FOR FURTHER INFORMATION CONTACT: Milton Koch or Toni Page at (202) 482-
2584, or (202) 482-1398, respectively; 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.

[[Page 10052]]


SUPPLEMENTARY INFORMATION: 

Background

    On August 21, 2014, the Department published the Preliminary 
Results of this administrative review. The administrative review covers 
one producer and exporter of the subject merchandise to the United 
States, Nan Ya. On January 8, 2014, the Department published a notice 
rescinding the review with respect to Shinkong Materials Technology 
Corporation.\3\ The period of review (POR) is July 1, 2012, through 
June 30, 2013. We invited parties to comment on the Preliminary 
Results. Nan Ya timely filed a case brief on September 29, 2014; 
however, the Department rejected the case brief for containing new 
factual information. Nan Ya resubmitted its case brief on October 14, 
2014. Petitioners timely filed a rebuttal brief on October 21, 2014.
---------------------------------------------------------------------------

    \3\ See Polyethylene Terephthalate Film From Taiwan: Partial 
Rescission of Antidumping Duty Administrative Review; 2012-2013, 79 
FR 1362 (January 8, 2014).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed polyethylene terephthalate film, sheet, 
and strip, whether extruded or coextruded. Excluded are metalized 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 
polyethylene terephthalate film, sheet, and strip are currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') under item number 3920.62.00.90. HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
of the scope of the antidumping duty order is dispositive.

Analysis of Comments Received

    The sole issue raised in the case and rebuttal briefs by parties 
regarding differential pricing methodology is addressed in the Issues 
and Decision Memorandum, which is dated concurrently with these final 
results and incorporated herein by reference.\4\ The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU''), Room 7046 of the main Department of Commerce 
building, as well as electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the internet 
at http://www.trade.gov/enforcement. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Final Results 
of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from Taiwan; 2012-2013,'' dated 
February 18, 2015 (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made no 
adjustments to the margin calculations for Nan Ya.

Final Results of Review

    We determine that Nan Ya's weighted-average dumping margin is 1.56 
percent for entries of subject merchandise that were produced and/or 
exported by Nan Ya and that entered, or were withdrawn from warehouse, 
for consumption during the period July 1, 2012, through June 30, 2013.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review. For any individually examined respondents whose 
weighted-average dumping margin is above de minimis (i.e., 0.5 percent) 
in the final results, we will calculate importer-specific ad valorem 
duty assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those sales in accordance with 19 CFR 351.212(b)(1). We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific assessment rate 
calculated in the final results of this review is above de minimis. 
Where either the respondent's weighted average dumping margin is zero 
or below de minimis or an importer-specific assessment rate is zero or 
below de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. The Department clarified 
its ``automatic assessment'' regulation on May 6, 2003.\5\ This 
clarification will apply to entries of subject merchandise during the 
POR produced by each respondent for which they did not know that their 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\6\
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(``Assessment Policy Notice'').
    \6\ For a full discussion of this clarification, see Assessment 
Policy Notice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET film from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (``the Act''): (1) 
The cash deposit rate for Nan Ya will be the rate established in the 
final results of this review; (2) for previously reviewed or 
investigated companies not listed above, 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 review, a 
prior review, or the less-than-fair-value 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, the cash deposit rate will be the all 
others rate for this proceeding, 2.40 percent, as established in the 
less-than-fair-value investigation.\7\ These deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ 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), as corrected in Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and 
Strip (PET Film) from Taiwan, 67 FR 46566 (July 15, 2002).
---------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

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

[[Page 10053]]

disclosed under the 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 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These final results of administrative review and notice are 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.213(h).

    Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03897 Filed 2-24-15; 8:45 am]
BILLING CODE 3510-DS-P