[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50029-50030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19732]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet and Strip From Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

DATES: Effective Date: August 16, 2013.
SUMMARY: In response to requests from respondent Terphane Ltda. and 
from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., 
and Toray Plastics (America), Inc. (collectively, Petitioners), the 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on polyethylene terephthalate 
film, sheet and strip (PET film) from Brazil. The administrative review 
covers Terphane Ltda. and Terphane Inc. (collectively, Terphane) for 
the period of review (POR) November 1, 2011, through October 31, 2012. 
As we currently have no evidence of any reviewable entries, shipments 
or sales of subject PET film by Terphane during the POR, we are issuing 
a preliminary no shipment determination.\1\
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    \1\ Terphane is the only respondent in this review.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-1121 
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or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded. PET film 
is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff 
Schedule of the United States.\2\
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    \2\ For a full description of the scope of the order, see 
``Decision Memorandum for the Preliminary Results of the Antidumping 
Duty Administrative Review of Polyethylene Terephthalate Film, Sheet 
and Strip from Brazil: 2011-2012,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration (Preliminary Decision Memorandum), dated concurrently 
with these results and hereby adopted by this notice.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. 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, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://iaaccess.trade.gov. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Determination of No Shipments

    Based on information Terphane submitted after the initiation of 
this administrative review and information collected from U.S. Customs 
and Border

[[Page 50030]]

Protection (CBP), the Department has preliminarily determined that the 
record evidence indicates that Terphane currently had no reviewable 
entries during the POR. In addition, the Department finds that it is 
not appropriate to rescind the review with respect to Terphane but, 
rather, to complete the review with respect to them and issue 
appropriate instructions to CBP based on the final results of this 
review, as is our recent past practice.\3\
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    \3\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent To Revoke the Order (in Part); 2011-2012, 78 FR 15686 (March 
12, 2013) and the accompanying Decision Memorandum at 7 to 8.
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Assessment Rates

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review 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 un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue 
assessment instructions directly to CBP 15 days after publication of 
the final results of this review.

Comments

    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department.\4\ Parties are reminded that written comments or 
case briefs are not the place for submitting new factual material. 
Rebuttal briefs, limited to issues raised in the case briefs, will be 
due five days later.\5\ Parties who submit case or rebuttal briefs are 
requested to submit with each argument: (1) A statement of the issue; 
and (2) a brief summary of the argument. Parties are requested to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited.
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    \4\ See 19 CFR 351.309(c)(ii).
    \5\ See 19 CFR 351.309(d).
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    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration within 30 days after the 
day of publication of this notice. A request 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.\6\ Issues 
raised in the hearing will be limited to those raised in case briefs. 
The Department will issue the final results of administrative review, 
including the results of our analysis of issues raised in any briefs, 
within 90 days after the date on which the preliminary results were 
issued, unless the deadline for the final results is extended.\7\
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    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.214(i).
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Notification to Importers

    This notice serves as a preliminary reminder to the 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is published in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: August 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-19732 Filed 8-15-13; 8:45 am]
BILLING CODE 3510-DS-P