[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79400-79401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31280]


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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: Initiation of Antidumping Duty New Shipper 
Review

AGENCY: Enforcement & Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective Date: December 30, 2013.
SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on polyethylene terephthalate film, sheet, and strip (``PET film'') 
from the People's Republic of China (``PRC'') meets the statutory and 
regulatory requirements for initiation. The period of review (``POR'') 
for the new shipper review is November 1, 2012 through October 31, 
2013.

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

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order on polyethylene terephthalate film, 
sheet, and strip from the PRC was published on November 10, 2008. See 
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, the 
People's Republic of China and the United Arab Emirates: Antidumping 
Duty Orders and Amended Final Determination of Sales at Less Than Fair 
Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008). On 
December 2, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the ``Act''), and 19 CFR 351.214(c), the 
Department received a timely request for a new shipper review from Now 
Plastics, Inc. (``Now Plastics'') and its affiliate Huangshi Yucheng 
Trade Co., Ltd. (``Huangshi Yucheng'') (collectively ``Requestor'').\1\ 
On December 12, 2013, the Department received entry data from U.S. 
Customs and Border Protection (``CBP''). We have also requested entry 
documents from CBP in order to confirm certain information reported by 
Huangshi Yucheng. The continuation of the new shipper review will be 
contingent upon confirmation of the information in the request.\2\
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    \1\ See Letter from Huangshi Yucheng and Now Plastics to the 
Secretary of Commerce ``Polyethylene Terephthalate Film, Sheet, and 
Strip from the People's Republic of China; A-570-924; Request for 
New Shipper Review of Exports by Huangshi Yucheng Trade Co., Ltd.,'' 
dated December 2, 2013. The Department notes that the last day of 
the anniversary month was Saturday, November 30, 2013. Therefore, 
the deadline to file a request for a new shipper review was the next 
business day, i.e., Monday, December 2, 2013.
    \2\ See Memorandum to the File through Abdelali Elouaradia, 
Director, AD/CVD Operations, Office IV ``Initiation of Antidumping 
New Shipper Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from the People's Republic of China: Huangshi Yucheng Trade 
Co., Ltd. Initiation Checklist,'' dated concurrently with this 
notice (``Initiation Checklist''), at item 18.
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    Requestor stated that Jiangsu Shuangxing Color Plastic New 
Materials Co., Ltd. (``Jiangsu Shuangxing'') is the producer and 
Huangshi Yucheng is the exporter of the subject merchandise upon which 
its request for a new shipper review is based. Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Huangshi 
Yucheng and Jiangsu Shuangxing certified that they did not export PET 
film to the United States during the period of investigation (``POI''). 
In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 
CFR 351.214(b)(2)(iii)(A), Huangshi Yucheng and Jiangsu Shuangxing 
certified that, since the initiation of the investigation, they have 
never been affiliated with any PRC exporter or producer who exported 
PET film to the United States during the POI, including those not 
individually examined during the investigation. As required by 19 CFR 
351.214(b)(2)(iii)(B), Huangshi Yucheng also certified that its export 
activities were not controlled by the central government of the PRC.\3\
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    \3\ See generally, Initiation Checklist.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Huangshi Yucheng submitted documentation 
establishing the following: (1) the date on which it first shipped PET 
film for export to the United States and the date on which the PET film 
was first entered, or withdrawn from warehouse, for consumption; (2) 
the volume of its first shipment; and (3) the date of its first sale to 
an unaffiliated customer in the United States.\4\
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    \4\ Id.
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    The Department conducted a CBP database query and confirmed by 
examining the results of the CBP data query that Huangshi Yucheng's 
subject merchandise entered the United States during the POR specified 
by the Department's regulations.\5\ Pursuant to 19 CFR 
351.221(c)(1)(i), the Department will publish the notice of initiation 
of a new shipper review no later than the last day of the month 
following the anniversary or semiannual anniversary month of the order.
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    \5\ See 19 CFR 351.214(g)(1)(i)(A).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
based on the information on the record, the Department finds that 
Huangshi Yucheng meets the threshold requirements for initiation of a 
new shipper review of its shipment(s) of PET film from the PRC.\6\ The 
POR for the new shipper review of Huangshi Yucheng is November 1, 2012, 
through October 31, 2013.\7\ The Department intends to issue the 
preliminary results of this review no later than 180 days from the date 
of initiation, and the final results of this review no later than 90 
days after the date the preliminary results are issued.\8\
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    \6\ See generally, Initiation Checklist.
    \7\ See 19 CFR 351.214(g)(1)(i)(A).
    \8\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue a questionnaire to Huangshi Yucheng which will include a separate 
rate section. The review of the exporter will proceed if the response 
provides sufficient indication that the exporter is not subject to 
either de jure or de facto government control with respect to its 
exports of PET film.
    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for certain entries of the subject merchandise 
from Huangshi Yucheng in accordance with section 751(a)(2)(B)(iii) of 
the Act and 19 CFR 351.214(e). Because Requestor stated that Huangshi 
Yucheng exports the subject merchandise, the sales of which form the 
basis for its new shipper review request, we will instruct CBP to 
permit the use of a bond only for entries of

[[Page 79401]]

subject merchandise which the respondent exported.
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 23, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-31280 Filed 12-27-13; 8:45 am]
BILLING CODE 3510-DS-P