[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1827-1828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00174]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


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

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On August 16, 2013, the Department of Commerce (the 
Department) published the Preliminary Results of the 2011-2012 
administrative review of the antidumping duty order on Polyethylene 
Terephthalate Film, Sheet, and Strip (PET film) from Brazil.\1\ This 
review covers one respondent, Terphane Ltda., and Terphane's U.S. 
affiliate, Terphane, Inc. (collectively, Terphane). The petitioners in 
this proceeding are Mitsubishi Polyester Film, Inc. and SKC, Inc. 
(collectively, Petitioners). For these final results of review we 
continue to find that Terphane had no reviewable entries of PET film 
subject to the order.
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    \1\ See Polyethylene Terephthalate Film, Sheet and Strip From 
Brazil: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 50029 (August 16, 2013) (Preliminary 
Results), and accompanying Decision Memorandum (Preliminary Decision 
Memorandum).

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DATES: Effective Date: January 10, 2014.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/

[[Page 1828]]

CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Room 7850, Washington, DC 20230; telephone 
(202) 482-1121 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2013, the Department published the Preliminary 
Results. We invited interested parties to comment on the Preliminary 
Results. In response, we received a case brief from Petitioner on 
September 16, 2013. Terphane filed a rebuttal brief on September 23, 
2013.

Period of Review (POR)

    The POR is July 1, 2011, through June 30, 2012.

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 
``Issues and Decision Memorandum for the Final Results of the 2011 
to 2012 Administrative Review of the Antidumping Duty Order on 
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil,'' 
from Richard Weible, Director, Office VI, to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations (Issues and Decision Memorandum), dated concurrently with 
these final results and incorporated herein by reference. The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance'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 (CRU), Room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.
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Tolling of Deadlines

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\3\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now January 2, 2014.
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
Appendix I. We have analyzed all interested party comments and have 
made no changes to the Preliminary Results for these final results.

Final 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 Protection (CBP), the Department has determined that the 
record evidence indicates that Terphane 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 Terphane and issue appropriate 
instructions to CBP based on the final results of this review, as is 
our current practice for companies which had no shipments during the 
POR.\4\
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    \4\ 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, 
unchanged in Certain Frozen Warmwater Shrimp From Thailand: Final 
Results of Antidumping Duty Administrative Review, Partial 
Rescission of Review, and Revocation of Order (in Part); 2011-2012, 
78 FR 42497 (July 16, 2013); Polyester Staple Fiber From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2011-2012, 
78 FR 38938, 38939 (June 28, 2013); Certain Frozen Warmwater Shrimp 
From India: Final Results of Antidumping Duty Administrative Review 
and Final No Shipment Determination; 2011-2012, 78 FR 42492, 42493 
(July 16, 2013); and Polyethylene Retail Carrier Bags From Thailand: 
Final Results of Antidumping Duty Administrative Review; 2011-2012, 
78 FR 50376, 50377 (August 19, 2013).
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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.\5\ We intend to issue assessment instructions directly 
to CBP 15 days after publication of the final results of this review.
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    \5\ 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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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 the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: January 2, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Accompanying Issues and Decision 
Memorandum

Issue 1: Whether to Rescind or to Complete the Administrative Review
Issue 2: Whether to Structure the Final Results, and Resulting 
Customs Instructions to Allow for Subsequent Revision In Light of 
Pending Litigation

[FR Doc. 2014-00174 Filed 1-9-14; 8:45 am]
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