[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41443-41445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16398]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period 
of review (POR) is July 1, 2019, through June 30, 2020. This review 
covers the following producers and exporters from Taiwan, Nan Ya 
Plastics Corporation (Nan Ya), Shinkong Materials Technology 
Corporation (SMTC)/Shinkong Synthetic Fibers Corporation (SSFC). 
Commerce preliminarily determines that sales of subject merchandise 
have not been made below normal value (NV) by Nan Ya during the POR. In 
addition, we preliminarily find that SMTC/SSFC had no shipments during 
the POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable August 2, 2021.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2020, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on PET film from Taiwan.\1\ On July 27, 2020, Polyplex USA LLC 
(Polyplex USA), a domestic producer and interested party, requested a 
review of Nan Ya, SMTC and SSFC.\2\ On July 30, 2020, the petitioners 
\3\ requested a review of Nan Ya and SMTC.\4\ Nan Ya self-requested an 
administrative review of its sales on July 31, 2020.\5\ On September 3, 
2020, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a 
notice of initiation of administrative review of the antidumping duty 
order on PET Film from Taiwan.\6\ On December 2, 2020, Polyplex USA 
withdrew its request for an administrative review of entries of PET 
film for all of the companies that it requested be reviewed in this 
administrative review period: Nan Ya, SSFC and SMTC.\7\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 39531 (July 1, 2020).
    \2\ See Polyplex USA LLC's Letter, ``Polyethylene Terephthalate 
(`PET') Film from Taiwan: Polyplex USA LLC's Request for AD 
Administrative Review,'' dated July 27, 2020.
    \3\ The petitioners consist of DuPont Teijin Films; Mitsubishi 
Polyester Film, Inc.; and SKC, Inc. (petitioners).
    \4\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET) 
Film from Taiwan: Request for Antidumping Duty Administrative 
Review,'' dated July 30, 2020.
    \5\ See Nan Ya Plastics Corporation's Letter, ``Polyethylene 
Terephthalate (PET) Film from Taiwan,'' dated July 31, 2020.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation 
Notice).
    \7\ See Polyplex USA LLC's Letter, ``Polyethylene Terephthalate 
('PET') Film from Taiwan: Polyplex USA LLC's Withdrawal of Request 
for Review for Polyplex USA LLC,'' dated December 2, 2020.
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    On September 30, 2020, SMTC and SSFC each claimed that they did not 
sell or export any subject merchandise to the United States during the 
POR.\8\ On November 24, 2020, Commerce uploaded entry data on the 
record of the administrative review.\9\ On December 1, 2020, SMTC 
submitted comments explaining and documentation showing that neither 
SMTC nor SSFC had produced subject merchandise during the POR or three 
months prior to the POR.\10\ No rebuttal comments were submitted. On 
January 7, 2021, Commerce sent a no shipment inquiry for SMTC and SSFC 
to U.S Customs and Border Protection (CBP).\11\ On June 7, 2021, CBP 
replied that it found no evidence of shipments from SMTC and SSFC 
during the POR.\12\
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    \8\ See SMTC's Letter, ``Polyethylene Terephthalate Film, Sheet 
and Strip from Taiwan; No Shipment Certification,'' dated September 
30, 2020; see also SSFC's Letter, ``Polyethylene Terephthalate Film, 
Sheet and Strip from Taiwan; No Shipment Certification,'' dated 
September 30, 2020.
    \9\ See Memorandum, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet and Strip (PET Film) from 
Taiwan: U.S. Customs Entries for Shinkong Materials Technology 
Corporation and Shinkong Synthetic Fibers Corporation,'' dated 
November 24, 2020.
    \10\ See SMTC's Letter, ``Polyethylene Terephthalate Film, 
Sheet, and Strip from Taiwan; Comments on Entry Data,'' dated 
December 1, 2020.
    \11\ See Message 1008401 to CBP, dated January 8, 2021.
    \12\ See Memorandum, ``Polyethylene terephthalate film, sheet, 
and strip (PET Film) from Taiwan; No Shipment Inquiry for Shinkong 
Materials Technical Corporation and/or Shinkong Synthetic Fibers 
Corporation During the Period 07/01/2019 through 06/30/2020,'' dated 
June 7, 2021.
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    On December 11, 2020, Commerce issued its initial questionnaire to 
Nan Ya.\13\ Between January 4, 2021 and January 21, 2021,\14\ Nan Ya 
submitted its responses to section A and sections B through D of the 
questionnaire. On June 16, 2021, Commerce issued a supplemental 
questionnaire to Nan Ya.\15\ On June 30, 2021, Nan Ya submitted its 
supplemental questionnaire response.\16\
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    \13\ See Commerce's Letter, Antidumping Duty Questionnaire, 
dated December 11, 2020.
    \14\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) 
Film from Taiwan,'' dated January 4, 2021; see also Nan Ya's Letter, 
``January 21, 2021 Sections B through Q Response,'' dated January 
21, 2021.
    \15\ See Commerce's Letter, Antidumping Duty Questionnaire, 
dated June 16, 2021.
    \16\ See Nan Ya's Letter, ``June 30, 2021 Supplemental 
Questionnaire Response,'' dated June 30, 2021.
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    On March 25, 2021, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2), 
Commerce extended the due date for the preliminary results by 60 days 
(from April 2, 2020, to June 2, 2021).\17\ On June 1, 2021, we extended 
the deadline by an additional 30 days.\18\ On July 2, 2021, we extended 
the deadline until July 30, 2021.\19\
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    \17\ See Memorandum, ``Polyethylene Terephthalate (PET) Film, 
Sheet and Strip from Taiwan: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review (2019-2020),'' 
dated March 25, 2021.
    \18\ See Memorandum ``Polyethylene Terephthalate (PET) Film, 
Sheet and Strip from Taiwan: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review (2019-2020),'' 
dated June 1, 2021.
    \19\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and 
Strip from Taiwan: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review (2019-2020),'' dated July 2, 
2021.
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Scope of the Order

    The merchandise subject to the order is PET Film. The PET Film 
subject to

[[Page 41444]]

the order is currently classifiable under subheading 3920.62.00.90 of 
the Harmonized Tariff Schedule of the United States. Although the HTSUS 
number is provided for convenience and for customs purposes, the 
written product description, available in the Preliminary Decision 
Memorandum, remains dispositive.\20\
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    \20\ A full description of the scope of the order is contained 
in the Preliminary Decision Memorandum, which is dated concurrently 
with, and hereby adopted by, this notice.
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Preliminary Determination of No Shipments

    Based on U.S. Customs and Border Protection (CBP)'s response to 
Commerce's no shipment inquiry as well the certifications and 
supporting documentation provided by SMTC and SSFC in their no shipment 
certifications, we preliminarily determine that SMTC and SSFC \21\ had 
no shipments of the subject merchandise during the POR. Consistent with 
Commerce's practice, we will not rescind the review with respect to 
SMTC/SSFC, but rather will complete the review and issue appropriate 
liquidation instructions to CBP based on the final results.\22\ For 
additional information regarding this determination, see the No 
Shipments' Determination for SMTC and SSFC Memorandum.\23\
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    \21\ In the 2011-2012 administrative review, Commerce determined 
that SSFC and SMTC were a single entity. See Polyethylene 
Terephthalate Film, Sheet, and Strip from Taiwan; Preliminary 
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR 
48651 (August 9, 2013), and accompanying Preliminary Decision 
Memorandum, unchanged in Polyethylene Terephthalate Film, Sheet, and 
Strip from Taiwan; Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 11407 (February 28, 2014). We have treated 
SMTC and SSFC as a single entity in all subsequent reviews and have 
included SSFC when only SMTC was requested in the administrative 
review. There is no information on the record of this administrative 
review that would lead Commerce to reconsider that determination. 
Accordingly, we continue to treat SMTC and SSFC as a single entity 
for purposes of this administrative review.
    \22\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2018-2019, 85 
FR 74673 (November 23, 2020), unchanged in Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR 
14311 (March 15, 2021).
    \23\ See Memorandum, ``No Shipments' Memorandum for Shinkong 
Materials Corporation (SMTC) and Shinkong Synthetic Fibers 
Corporation (SSFC),'' dated concurrently with this notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included as an 
Appendix to this notice. The Preliminary 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 
http://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period July 1, 2019, 
through June 30, 2020:

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

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 
19 CFR 351.309(c), interested parties may submit case briefs not later 
than 30 days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than seven days after the date for filing case briefs.\24\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\25\
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    \24\ See 19 CFR 351.309(d).
    \25\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Acting 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS. An electronically filed document must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. Commerce 
intends to issue the final results of this administrative review, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If a respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\26\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it did 
not know its 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.
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    \26\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy 
Notice).
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    Commerce intends to issue assessment instructions to CBP 35 days 
after the date of publication of the final results of this 
administrative review in the Federal Register.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from Taiwan entered, or withdrawn from warehouse, 
for

[[Page 41445]]

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 Act: (1) The cash deposit rate for the company under review will be 
the rate established in the final results of this review (except, if 
the rate is zero or de minimis, no cash deposit will be required); (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) the cash deposit rate for all other 
manufacturers or exporters is 2.40 percent.\27\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \27\ 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).
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Notification to Importers

    This notice also serves as a preliminary 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 occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

    Dated: July 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments for SMTC/SSFC
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2021-16398 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P