[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48651-48653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19352]


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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; 2011-
2012

AGENCY: Import Administration, 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 Taiwan. The period 
of review (POR) is July 1, 2011, through June 30, 2012. On December 28, 
2012, the Department rescinded the review with respect to Nan Ya 
Plastics Corporation.\1\ This review covers the remaining respondent 
Shinkong Synthetic Fibers Corporation (SSFC) and its subsidiary 
Shinkong Materials Technology Co. Ltd. (SMTC) (collectively, Shinkong), 
producer and exporter of PET Film from Taiwan. The Department 
preliminarily determines that sales of subject merchandise have been 
made below normal value by Shinkong. Interested parties are invited to 
comment on these preliminary results.
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    \1\ See Polyethylene Terephthalate Film, Sheet and Strip from 
Taiwan: Partial Rescission of the Antidumping Duty Administrative 
Review, 77 FR 76456 (December 28, 2012).

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DATES: Effective Date: August 9, 2013.

FOR FURTHER INFORMATION CONTACT: Milton Koch, 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) 482-2584.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed polyethylene terephthalate film, sheet, 
and strip, whether extruded or coextruded. 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 of more than 0.00001 inches thick. Imports of 
polyethylene terephthalate film, sheet, and strip are currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of the antidumping duty order is dispositive.

Methodology

    The Department has conducted 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. Normal value 
is calculated in accordance with section 773 of the Act. To determine 
the appropriate comparison method, the Department applied a 
``differential pricing'' analysis and has preliminarily determined to 
use the average-to-transaction method in making comparisons of export 
price and normal value for Shinkong.
    For a full description of the methodology underlying our 
conclusions, see the Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for the Preliminary Results of Antidumping Duty 
Administrative Review: Polyethylene Terephthalate Film, Sheet, and 
Strip from Taiwan'' (Preliminary Decision Memorandum), dated 
concurrently with these results and hereby adopted by this notice.\2\
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    \2\ The Preliminary 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). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the 
main Department of Commerce building. In addition, the Preliminary 
Decision Memorandum can be accessed directly on the Internet at 
http://www.trade.gov/ia/ ia/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

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[[Page 48652]]

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margin exists for the period July 1, 2011, 
through June 30, 2012.

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         Manufacturer/Exporter               Weighted-Average margin
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Shinkong Synthetic Fibers Corporation/   4.65 percent.
 Shinkong Materials Technology Co. Ltd.
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of its public announcement.\3\ Because the Department 
intends to conduct verification of Shinkong's responses, the Department 
will establish the briefing schedule at a later time, and will notify 
parties of the schedule.\4\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are requested to submit at the outset of 
their briefs: (1) A statement of each issue; (2) a brief summary of the 
arguments; and (3) a table of authorities.\5\ This summary should be 
limited to five pages total, including footnotes.
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309.
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must do so in writing within 30 days after the 
publication of this preliminary determination in the Federal 
Register.\6\ Requests should contain the party's name, address, and 
telephone number; the number of participants; and a list of the issues 
to be discussed. 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, 
time and location to be determined. Parties will be notified of the 
date, time and location of any hearing.
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    \6\ See 19 CFR 351.310(c).
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    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in any case or rebuttal brief, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\7\
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    \7\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates

    Upon issuing the final results of this administrative review, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\8\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the 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.
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    \8\ In these preliminary results, the Department applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\9\ This clarification will apply to entries of subject 
merchandise during the POR produced by Shinkong for which these 
companies did not know that the 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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    \9\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following 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 companies 
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.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ 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), as corrected in 67 FR 46566 
(July 15, 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) 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.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

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

1. Scope of the Order
2. Collapsing of SSFC and SMTC
3. Comparisons to Normal Value
    A. Determination of Comparison Method

[[Page 48653]]

    B. Results of the Differential Pricing Analysis
4. Product Comparisons
5. Date of Sale
6. Export Price
7. Normal Value
    A. Selection of Comparison Market
    B. Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    E. Calculation of Normal Value Based on Comparison Market Prices
8. Currency Conversion

[FR Doc. 2013-19352 Filed 8-8-13; 8:45 am]
BILLING CODE 3510-DS-P