[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9745-9747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3892]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 16, 2010, the Department of Commerce (the 
Department) published the preliminary results of administrative review 
of the antidumping duty order on polyethylene terephthalate film (PET 
Film) from Taiwan. See Polyethylene Terephthalate Film, Sheet, and 
Strip From Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review, 75 FR 49902 (August 16, 2010) (Preliminary 
Results). The review was requested by DuPont Teijin Films, Mitsubishi 
Polyester Film of America, SKC, Inc., and Toray Plastics (America), 
Inc. (collectively, Petitioners). This review covers the following 
producers/exporters of the subject merchandise: Nan Ya Plastics 
Corporation, Ltd. (Nan Ya), and Shinkong Synthetic Fibers Corporation 
(SSFC) and Shinkong Materials Technology Co., Ltd. (SMTC) 
(collectively, Shinkong). The period of review (POR) is July 1, 2008, 
through June 30, 2009. Based on the results of our analysis of the 
comments received, we have made changes to the preliminary results, 
which are discussed in the ``Changes Since the Preliminary Results'' 
section, below. For the final dumping margins, see the ``Final Results 
of Review'' section, below.

DATES: Effective Date: February 22, 2011.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Jun Jack Zhao, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 428-
3586 or (202) 428-1396, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 2010, the Department published in the Federal 
Register the Preliminary Results. In the Preliminary Results, the 
Department preliminarily determined that, pursuant to 19 CFR 
351.401(f), SSFC and SMTC should be treated as a single entity for 
purposes of calculating an antidumping margin. The Department also 
found that despite the passing of a single family member, Nan Ya was 
still affiliated with three U.S. customers through a family grouping. 
Subsequent to the publication of the Preliminary Results, these 
affiliated U.S. customers submitted revised sales datasets, as 
requested by the Department, to correct information regarding their 
reported product matching information, and to correct problems 
preventing the accurate consolidation of their sales data with Nan Ya's 
datasets. As a result, Nan Ya's margin has changed for these final 
results.
    On December 10, 2010, the Department extended the deadline for 
issuing the final results until no later than February 14, 2011. See 
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: 
Extension of Time Limit for Final Results of the Antidumping Duty 
Administrative Review, 75 FR 76954 (December 10, 2010).
    On December 22, 2010, the Department determined that amorphous 
polyethylene terephthalate (APET) film products that are not biaxially-
oriented, such as the APET products produced by Nan Ya, are not covered 
by the scope of the antidumping order on PET Film from Taiwan. See 
Memorandum from Barbara E. Tillman, Director, AD/CVD Operations, Office 
6, to Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Polyethylene Terephthalate Film, 
Sheet, and Strip from Taiwan: Final Scope Ruling on Amorphous 
Polyethylene Terephthalate Film,'' December 22, 2010 (Scope 
Memorandum). The Department reached this conclusion after analyzing 
findings of the U.S. International Trade Commission regarding the 
delimiting nature of biaxial-orientation as a product characteristic of 
subject PET Film, as well as the Department's previous determination 
that biaxially-oriented APET is not within the scope of the antidumping 
duty (AD) order on PET Film from the People's Republic of China (PRC), 
for which the scope is essentially identical to the scope in the 
subject case, except for language excluding Roller transport cleaning 
film, and tracing and drafting film from the PRC AD order. See 
Memorandum to John M. Andersen, ``Polyethylene Terephthalate Film, 
Sheet, and Strip from the People's Republic of China: Final Scope 
Ruling on Amorphous Polyethylene Terephthalate Sheet, Glycol-modified 
Polyethylene Terephthalate Sheet, and Co-extruded Amorphous 
Polyethylene Terephthalate Sheet with Glycol-modified Polyethylene 
Terephthalate Sheets on the Outer Surfaces,'' January 7, 2010. As we 
noted in the Scope Memorandum, the exclusionary language referenced 
above was not relevant to the scope ruling with respect to the instant 
proceeding. Both Nan Ya and Shinkong informed the Department that they 
did not report sales of any merchandise within the scope ruling. Thus, 
no adjustments were needed to the Preliminary Results as a result of 
the scope ruling for either company.
    The Department noted in the Preliminary Results that additional 
supplemental questions regarding quarterly cost information had been 
issued to both Nan Ya and Shinkong to determine whether it was 
appropriate to use shorter cost averaging periods in calculating cost 
of production and constructed value. After reviewing responses to these 
questionnaires, on December 23, 2010, the Department issued post-
preliminary results of review and determined that the use of an 
alternative cost averaging methodology (i.e., quarterly cost) was not 
warranted. Thus, the post-preliminary results of review resulted in no 
changes to either respondent's AD margin. See Memorandum from Mark 
Hoadley, Program Manager, Office 6, to Christian Marsh, Acting Deputy 
Assistant Secretary for Import Administration, ``2008-2009 
Administrative Review of the Antidumping Duty Order on Polyethylene 
Terephthalate (PET) Film from Taiwan: Post-Preliminary Analysis and 
Calculation Memorandum for Nan Ya Plastics Corporation, Ltd. (Nan Ya) 
and Shinkong Synthetic Fibers Corporation (Shinkong)'' (Post-
Preliminary Analysis Memorandum), December 23, 2010.
    With the release of the Post-Preliminary Analysis Memorandum, the 
Department notified interested parties that they were to file their 
case briefs with the Department by January 7, 2011, and rebuttal briefs 
were to be filed by January 13, 2011, in accordance with 19 CFR 
351.309(d)(1). See Memorandum from Gene Calvert, International Trade 
Compliance Analyst, AD/CVD Operations, Office 6 to All Interested 
Parties, ``Deadlines for the Submission of Case Briefs and Rebuttal 
Briefs for the

[[Page 9746]]

Final Results in the Administrative Review,'' December 27, 2010. The 
Department received a timely case brief on January 7, 2011 from 
Petitioners raising certain issues with regard to Shinkong. Shinkong 
filed a rebuttal brief with the Department on January 13, 2011. Based 
on our analysis of the comments received, the weighted average margin 
for Shinkong has changed from the calculated margin in the Preliminary 
Results.

Period of Review

    The POR is July 1, 2008, through June 30, 2009.

Scope of the Order

    The products covered by the antidumping order are all gauges of 
raw, pretreated, or primed polyethylene terephthalate film, whether 
extruded or coextruded. Excluded are metallized 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 
more than 0.00001 inches thick. Imports of PET Film are currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 3920.62.00. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of this proceeding is dispositive.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Memorandum from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration, ``Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from Taiwan: Issues and Decision Memorandum for the Final 
Results'' (Decision Memorandum), dated concurrently with this notice, 
which is hereby adopted by this notice. A list of the issues addressed 
in the Decision Memorandum is appended to this notice. The Decision 
Memorandum is on file in the Department's Central Records Unit (Room 
7046 in the main Department of Commerce building), and can be accessed 
directly on the Internet at http://ia.ita.doc.gov/frn. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
adjustments to our margin calculations for Shinkong. Specifically, we 
have recalculated Shinkong's general and administrative (G&A) expenses, 
including certain costs associated with the sale of supplies, and 
excluding packing costs. We have also altered the manner in which we 
combined the G&A expenses of SSFC and SMTC (i.e., the two companies 
collapsed to form ``Shinkong''). Finally, we limited Shinkong's sales 
date to no later than shipment date. These adjustments are discussed in 
detail in the Decision Memorandum referenced above.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margins exist for the period of July 1, 2008, through 
June 30, 2009:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                    Manufacturer/exporter                       Margin
                                                               (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation, Ltd............................       20.76
Shinkong Synthetic Fibers Corporation and Shinkong Materials        6.38
 Technology Co., Ltd........................................
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. We will instruct CBP to liquidate entries of merchandise 
produced and/or exported by Nan Ya and Shinkong. For assessment 
purposes, where the respondents reported the entered value for their 
sales, we calculated importer-specific (or customer-specific) ad 
valorem assessment rates based on the ratio of the total amount of the 
dumping duties calculated for the examined sales to the total entered 
value of those same sales. See 19 CFR 351.212(b). However, where the 
respondents did not report the entered value for their sales, we will 
calculate importer-specific (or customer-specific) per unit duty 
assessment rates. The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after the date of 
publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the companies included in these final results of review 
for which the reviewed companies did not know their merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate non-reviewed entries at the all-others rate of 2.40 
percent from the investigation if there is no rate for the intermediate 
company(ies) involved in the transaction. 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) (Investigation 
Final Determination).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided by section 751(a)(2)(C) of the Act: (1) For the 
companies covered by this review, the cash deposit rate will be the 
rates listed above; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a previous segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published in the most recent final results in 
which that producer or exporter participated; (3) if the exporter is 
not a firm covered in this review or in any previous segment of this 
proceeding, but the producer is, the cash deposit rate will be that 
established for the producer of the merchandise in these final results 
of review or in the most recent final results in which that producer 
participated; and, (4) if neither the exporter nor the producer is a 
firm covered in this review or in any previous segment of this 
proceeding, the cash deposit rate will be 2.40 percent, the all-others 
rate established in the less than fair value investigation. See 
Investigation Final Determination. These deposit requirements shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 in the subsequent 
assessment of double antidumping duties.

[[Page 9747]]

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 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). 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.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memorandum Polyethylene Terephthalate 
Film, Sheet, and Strip From Taiwan Final Results of Antidumping Duty 
Administrative Review for the Period: 07/01/2008-06/30/2009

Comment 1: Shinkong's Cost Data do not Account for the Physical 
Characteristics of the Subject Merchandise
Comment 2: Shinkong Understates its Adjustment for General and 
Administrative Expenses
Comment 3: The Date of Sale for Shinkong's U.S. Sales

[FR Doc. 2011-3892 Filed 2-18-11; 8:45 am]
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