[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38374-38375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13771]


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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; 2020-2021

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

SUMMARY: The U.S. 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, 2020, through June 30, 2021. This review 
covers the following producers and exporters from Taiwan: Nan Ya 
Plastics Corporation (Nan Ya); and 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 June 28, 2022.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or 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) 482-3797 
or (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 1, 2021, Commerce published in the Federal Register a 
notice of opportunity \1\ to request an administrative review of the AD 
order on PET film from Taiwan.\2\ On September 7, 2021, in accordance 
with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation 
of an administrative review of the Order.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 35065 (July 1, 2021).
    \2\ 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).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
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    On March 3, 2022, 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 80 days 
until June 21, 2022.\4\ For a complete desciription of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\5\
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    \4\ See Memorandum, ``Polyethylene terephthalate (PET) film, 
sheet, and strip from Taiwan: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 3, 
2022.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Polyethylene Terephthalate Film, 
Sheet, and Strip from Taiwan; 2020-2021'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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    A list of the topics included in the Preliminary Decision 
Memorandum is included as the 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise subject to the Order is PET film. The PET film 
subject to 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 PDM, 
remains dispositive.

Preliminary Determination of No Shipments

    Based on U.S. Customs and Border Protection's (CBP) response to 
Commerce's no shipment inquiry as well the certifications and 
supporting documentation provided by SMTC/SSFC \6\ in its no shipment 
certification, we preliminarily determine that SMTC/SSFC 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.\7\ For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.\8\
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    \6\ In the 2011-2012 administrative review, we treated SMTC and 
SSFC as a single entity for purposes of this order. 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. 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.
    \7\ 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).
    \8\ See Preliminary Decision Memorandum.
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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 these preliminary results, 
see the Preliminary Decision Meorandum.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margin exists for the period 
July 1, 2020, through June 30, 2021:

[[Page 38375]]



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                                                               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

    Commerce intends to disclose its calculations and analysis 
performed to interested parties to these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 
351.309(c), interested parties may submit case briefs no 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 no later than 
seven days after the date for filing case briefs.\9\ Parties who submit 
case 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.\10\
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    \9\ See 19 CFR 351.309(d).
    \10\ 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 Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the publication date 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. If a hearing is requested, Commerce will 
notify interested parties of the hearing date and time. Parties should 
confirm by telephone the date and time of the hearing two days before 
the scheduled hearing date.
    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 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 intends to issue assessment instructions 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 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 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 producers or exporters is 2.40 percent.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ See Order.
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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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h)(1).

    Dated: June 21, 2022.
Lisa W. Wang,
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. 2022-13771 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-DS-P