[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11407-11409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04429]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


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

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, U.S. Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') published its 
preliminary results of the administrative review of the antidumping 
duty order on polyethylene terephthalate (PET) film, sheet, and strip 
from Taiwan.\1\ The period of review (``POR'') is July 1, 2011, through 
June 30, 2012. Based upon our analysis of the comments received, we 
have made changes to the margin calculations for these final

[[Page 11408]]

results and continue to determine that Shinkong Synthetic Fibers 
Corporation and its subsidiary Shinkong Material Technology Corporation 
(collectively ``Shinkong'') made sales below normal value. The final 
dumping margin is listed below in the ``Final Results of Review'' 
section of this notice.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Taiwan; Preliminary Results of the Antidumping Duty Administrative 
Review; 2011-12, 78 FR 48651 (August 9, 2013) (``Preliminary 
Results'').

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DATES: Effective Date: February 28, 2014.

FOR FURTHER INFORMATION CONTACT: Milton Koch or Gene Calvert at (202) 
482-2584, or (202) 482-3586, respectively; AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On August 9, 2013, the Department published the Preliminary 
Results.\2\ The Department conducted verification from August 22 
through 30, 2013 in Taipei, Taiwan. On November 8, 2013, Shinkong 
submitted an updated database.
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    \2\ See Preliminary Results.
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    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. In addition, the Department extended the deadline for the 
final results on November 1, 2013, in accordance with section 
751(a)(3)(A). The revised deadline for the final results of this review 
is now February 24, 2014.\4\
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for the Enforcement and Compliance, ``Deadlines Affected 
by the Shutdown of the Federal Government'' (October 18, 2013).
    \4\ See Memorandum to from Edward Yang, Office Director, Office 
VII, to Christian Marsh, Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, ``Polyethylene Terephthalate 
Film, Sheet, and Strip from Taiwan: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review'' (November 1, 
2013).
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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.
    A full description of the scope of the order is contained in 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 Final Results of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2011-
2012 Administrative Review'' (``Issues and Decision Memorandum''), 
which is issued concurrent with and hereby adopted by this notice.

Analysis of Comments Received

    The issue raised in the case and rebuttal briefs by parties is 
addressed in the Issues and Decision Memorandum. The issue which 
parties raised is identified in the Appendix to this notice. The Issues 
and Decision Memorandum is a public document and is on file in the 
Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce building, as well as 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 CRU. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at http://www.trade.gov/enforcement. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received and information 
gathered after the Preliminary Results, we have made adjustments to the 
margin calculations for Shinkong's indirect selling expenses.

Final Results of Review

    We determine that Shinkong's weighted-average dumping margin is 
4.48 percent for entries of subject merchandise that were produced and/
or exported by Shinkong and that entered, or were withdrawn from 
warehouse, for consumption during the period July 1, 2011, through June 
30, 2012.

Assessment Rates

    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 this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.5 percent) in the final 
results, 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 sales 
in accordance with 19 CFR 351.212(b)(1). 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 below 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.
    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 each respondent for which they 
did not know that their 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. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

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 Tariff Act of 1930, as amended (``the Act''): (1) 
The cash deposit rate for the company under review will be the rate 
established in the final results of this review (except, if the

[[Page 11409]]

rate is zero or below de minimis, i.e., 0.5 percent, 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) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review, the cash deposit rate will be the all others rate for this 
proceeding, 2.40 percent, as established in the less-than-fair-value 
investigation. These deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the return or 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 or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.

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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These final results of administrative review and notice are 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.213(h).

     Dated: February 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Topic Discussed in the Issues and Decision Memorandum

    Whether Shinkong's underutilized capacity should be classified 
as a cost of manufacturing or as a general and administrative 
expense.

[FR Doc. 2014-04429 Filed 2-27-14; 8:45 am]
BILLING CODE 3510-DS-P