[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72166-72168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28579]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-924]


Polyethylene Terephthalate Film, Sheet, and Strip From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments and 
Partial Rescission of Review; 2012-2013

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (``PET film'') from the People's 
Republic of China (``PRC''). The period of review (``POR'') is November 
1, 2012, through October 31, 2013. The Department initiated the review 
with respect to five companies. We preliminarily find that two of the 
mandatory respondents, Shaoxing Xiangyu Green Packing Co., Ltd. and 
Tianjin Wanhua Co., Ltd. made sales of subject merchandise at less than 
normal value (``NV''). We are rescinding the review with respect to 
Huangshi Yucheng Trade Co. Ltd. (``Yucheng''). Further, we 
preliminarily find that

[[Page 72167]]

Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films'') and Sichuan Dongfang 
Insulating Material Co., Ltd., (``Dongfang''), did not have any 
reviewable transactions during the POR. Interested parties are invited 
to comment on these preliminary results.

DATES: Effective Date: December 5, 2014.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Thomas Martin, AD/CVD 
Operations, Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3518 or (202) 
482-3936, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded.\1\ PET 
film is classifiable under subheading 3920.62.00.90 of the Harmonized 
Tariff Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
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    \1\ For a complete description of the scope of the order, see 
``Decision Memorandum for the Preliminary Results of 2012-2013 
Antidumping Duty Administrative Review of Polyethylene Terephthalate 
Film, Sheet, and Strip From the People's Republic of China'' from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, dated concurrently with this notice 
(``Preliminary Decision Memorandum'').
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Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection 
(``CBP'') information and information provided by Fuwei Films and 
Dongfang, we preliminarily determine that Fuwei Films and Dongfang did 
not have any reviewable transactions during the POR. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.

Partial Rescission

    On December 2, 2013, Now Plastics Inc. (``Now Plastics'') requested 
an administrative review of subject merchandise exported by Yucheng. 
Subsequently, on February 12, 2014, Now Plastics timely withdrew its 
request for an administrative review of Yucheng's exports. No other 
parties requested a review of Yucheng. The Department, pursuant to 19 
CFR 351.213 (d)(1), is therefore rescinding this administrative review 
with respect to Yucheng.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). We 
calculated export prices in accordance with section 772 of the Act. 
Because the PRC is a non-market economy (``NME'') within the meaning of 
section 771(18) of the Act, we calculated NV in accordance with section 
773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by 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'').\2\ ACCESS is available to registered users at 
http://access.trade.gov. The Preliminary Decision Memorandum is also 
available in the Central Records Unit, room 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
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    \2\ ``On November 24, 2014, Enforcement and Compliance changed 
the name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA Access'') to AD and CVD Centralized 
Electronic Service System (``Access''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014.''
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Shaoxing Xiangyu Green Packing Co., Ltd.............               35.10
Tianjin Wanhua Co., Ltd.............................               67.69
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\3\ 
Rebuttal briefs may be filed no later than five days after case briefs 
are filed and may respond only to arguments raised in the case 
briefs.\4\ A table of contents, list of authorities used and an 
executive summary of issues should accompany any briefs submitted to 
the Department. This summary should be limited to five pages total, 
including footnotes.
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    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\5\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\6\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\7\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET 
on the due date.\8\
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    \7\ See, generally, 19 CFR 351.303.
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any briefs, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate

[[Page 72168]]

entries covered by this review.\9\ The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review. Where either a respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
For any individually examined respondent and its importer(s) where 
neither of those situations is the case, in the final results of this 
review we will calculate an importer-specific per-unit assessment rate 
by dividing the total dumping margins for reviewed sales to the 
importer by the total sales quantity associated with those sales.
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    \9\ See 19 CFR 351.212(b)(1).
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME antidumping duty cases.\10\ Pursuant to this 
refinement in practice, for merchandise that was not reported in the 
U.S. sales databases submitted by an exporter individually examined 
during this review, but that entered under the case number of that 
exporter (i.e., at the individually-examined exporter's cash deposit 
rate), the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. Additionally, pursuant to this refinement, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number will be liquidated at the PRC-wide rate.
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review 
(except, if the rate is zero or de minimis, then the cash deposit rate 
will be zero for that exporter); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding; (3) for all PRC exporters of subject merchandise which have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the PRC-wide entity, 76.72 percent; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    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.

    Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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

    1. Summary
    2. Background
    3. Scope of the Order
    4. Preliminary Determination of No Shipments
    5. Selection of Respondents
    6. Non-Market Economy Country
    7. Separate Rate
    8. Surrogate Country
    9. Date of Sale
    10. Fair Value Comparisons
    11. U.S. Price
    12. Normal Value

[FR Doc. 2014-28579 Filed 12-4-14; 8:45 am]
BILLING CODE 3510-DS-P