[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14493-14495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5936]


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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: Final Results of the 2009-2010 Antidumping 
Duty Administrative Review of the Antidumping Duty Order

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

SUMMARY: On November 3, 2011, the Department of Commerce (``the 
Department'') published the preliminary results in the 2009-2010 
antidumping duty administrative review of polyethylene terephthalate 
film, sheet, and strip (``PET film'') from the People's Republic of 
China (``PRC'').\1\ The period of review (``POR'') is November 1, 2009, 
through October 31, 2010. We have determined that sales have been made 
below normal value (``NV'') by certain companies subject to this 
review. We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made 
changes to our margin calculations for Tianjin Wanhua Co., Ltd. 
(``Wanhua'') and Sichuan Dongfang Insulating Material Co., Ltd. 
(``Dongfang'') (collectively, ``Respondents''). The final dumping 
margins for this review are listed in the ``Final Results Margins'' 
section below.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
the People's Republic of China: Preliminary Results of the 2009-2010 
Antidumping Duty Administrative Review, 76 FR 68140 (November 3, 
2011) (``Preliminary Results'').

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DATES: Effective Date: March 12, 2012.

FOR FURTHER INFORMATION CONTACT: Thomas Martin and Jonathan Hill, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936, and (202) 482-3518, respectively.

Background

    On November 3, 2011, the Department published its Preliminary 
Results in the antidumping duty administrative review of PET film from 
the People's Republic of China.\2\ On November 28, 2011, DuPont Teijin 
Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics 
(America), Inc. (collectively, ``Petitioners''), Wanhua, and Fuwei 
Films (Shandong) Co., Ltd. (``Fuwei Films'') submitted publicly 
available surrogate value (``SV'') data. On December 8, 2011, 
Petitioners \3\, Wanhua, Fuwei Films and Dongfang submitted rebuttal 
comments regarding the November 28, 2011, submissions. We received case 
briefs from Petitioners, Wanhua, Fuwei Films and Shaoxing Xiangyu Green 
Packing Co., Ltd. (jointly ``Wanhua et al''), Dongfang, and Bemis 
Company, Inc. (``Bemis'') on December 14, 2011, and rebuttal briefs on 
December 21, 2011. On January 12, 2012 the Department held a public 
hearing.
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    \2\ See Preliminary Results.
    \3\ The Department rejected the Petitioners' December 8, 2011, 
surrogate value rebuttal comments because it contained new surrogate 
value information. Petitioners removed the material and resubmitted 
the rebuttal comments on December 16, 2011.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Polyethylene Terephthalate Film, Sheet, and Strip 
from the People's

[[Page 14494]]

Republic of China: Issues and Decision Memorandum for the Final Results 
of the 2009-2010 Administrative Review,'' dated March 2, 2012 (``Issues 
and Decision Memorandum''), which is hereby adopted by this notice. A 
list of the issues that parties raised and to which we responded in the 
Issues and Decision Memorandum follows as an appendix to this notice. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records 
Unit, Main Commerce Building, Room 7046. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/ia. The paper copy and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Period of Review

    The POR is November 1, 2009, through October 31, 2010.

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. 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 more than 0.00001 inches thick. 
Also excluded is roller transport cleaning film which has at least one 
of its surfaces modified by application of 0.5 micrometers of SBR 
latex. Tracing and drafting film is also excluded. PET film is 
classifiable under subheading 3920.62.00.90 of the HTSUS. While HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes in the margin calculation. For the final results, 
the Department has made the following changes:
     We revised the calculated surrogate overhead, selling, 
general and administrative expenses, and profit applicable to 
Respondents using information from the financial statements of JBF 
Industries Limited, a manufacturer in India of merchandise comparable 
to the subject merchandise.
     We revised the surrogate valuation of PET scrap sold, 
applying Indian HTS subheading 3907.60.

Final Results Margin

    We determine the weighted-average dumping margins for the period 
November 1, 2009, through October 31, 2010, to be:

     Polyethylene Terephthalate Film, Sheet, and Strip From the PRC
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              margin
                                                           (percentage)
------------------------------------------------------------------------
Tianjin Wanhua Co., Ltd.................................            8.42
Sichuan Dongfang Insulating Material Co., Ltd...........           10.87
Fuwei Films (Shandong) Co., Ltd.........................            8.48
Shaoxing Xiangyu Green Packing Co., Ltd.................            8.48
PRC-wide Entity \4\.....................................           76.72
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.212(b), the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. For 
assessment purposes, we calculated importer (or customer)-specific 
assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer (or customer)-specific assessment rate 
is de minimis (i.e., less than 0.50 percent), the Department will 
instruct CBP to assess that importer (or customer's) entries of subject 
merchandise without regard to antidumping duties, in accordance with 19 
CFR 351.106(c)(2). The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.
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    \4\ Shanghai Xishu Electric Material Co., Ltd. and Shanghai 
Uchem Co., Ltd. are part of the PRC-wide entity.
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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 all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Wanhua, 
Dongfang, Fuwei Films and Shaoxing Xiangyu Green Packing Co., Ltd. 
(``Green Packing''), the cash deposit rate will be the rate identified 
in the Final Results Margin section, as listed above; (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 recent 
period; (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 continue to be the PRC-wide rate of 76.72 percent; \5\ 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. The deposit 
requirements shall remain in effect until further notice.
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    \5\ This rate was established in the final results of the 
original investigation. See Polyethylene Terephthalate Film, Sheet, 
and Strip from the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value, 73 FR 55039 (September 24, 2008).
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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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or

[[Page 14495]]

destruction of proprietary information 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/destruction of APO materials 
or conversion to judicial protective order is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Disclosure

    We intend to 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).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 2, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Issues for the Final Results

Surrogate Country Selection and Surrogate Financial Ratios

    Issue 1: Whether the Department should have selected India or 
Thailand as the Surrogate Country.
    Issue 2: Whether the Department should have selected the 
financial statement of JBF Industries Ltd. to calculate financial 
ratios.
    Issue 3: Whether the Department should have rejected financial 
statements submitted in its surrogate value rebuttal comments.

Surrogate Values

    Issue 4: Whether the Department should have selected the six-
digit subheading 3907.60 to value the Respondents' PET chips.
    Issue 5: Whether the Department should require company 
certifications for surrogate value submissions.
    Issue 6: Whether the Department should have selected HTS 3915.10 
to value Respondents' scrap offset.

Respondent Selection

    Issue 7: Whether the Department improperly failed to select 
Fuwei Films and Green Packing as mandatory respondents, and 
improperly failed to consider the voluntary responses of Fuwei Films 
and Green Packing.

Separate Rate

    Issue 8: Whether the separate rate assigned to Fuwei Films and 
Green Packing in the Preliminary Results inaccurately overstates the 
antidumping margin that should be applied to these companies.

Reclaimed PET Chips

    Issue 9: Whether the Department should re-calculate the 
consumption of raw material inputs for Wanhua and Dongfang with 
respect to reclaimed PET chips.

Wanhua

    Issue 10: Whether the Department should have calculated the 
consumption of material inputs of Wanhua based on an application of 
adverse facts available.

Dongfang

    Issue 11: Whether the Department should have adjusted Dongfang's 
reported electricity and water FOPs.

Zeroing

    Issue 12: Whether the Department should engage in the practice 
of zeroing.

[FR Doc. 2012-5936 Filed 3-9-12; 8:45 am]
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