[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37715-37718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15574]
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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: Final Results of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2013, the Department of Commerce (the
Department) published its Preliminary Results of the 2011-2012
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip from the People's Republic of
China (PRC).\1\ The period of review (POR) is November 1, 2011, through
October 31, 2012. This review covers six producers/exporters of subject
merchandise: (1) Shaoxing Xiangyu Green Packing Co. Ltd. (``Green
Packing''); (2) Tianjin Wanhua Co., Ltd. (``Wanhua''); (3) Fuwei Films
(Shandong) Co. Ltd. (``Fuwei Films'');
[[Page 37716]]
(4) Sichuan Dongfang Insulating Material Co., Ltd. (``Dong Fang''); and
(5) DuPont Teijin Films China Limited, DuPont Hongji Films Foshan Co.,
Ltd., and DuPont Teijin Hongji Films Ningbo Co., Ltd (``collectively
the ``DuPont Group''). Green Packing and Wanhua are the selected
mandatory respondents. We invited interested parties to comment on our
Preliminary Results. Based on our analysis of the comments received, we
made certain changes to our margin calculations for Green Packing. The
final dumping margins for this review are listed in the ``Final
Results'' section below.
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review; 2011-2012, 78 FR 78333 (December 26,
2013) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
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DATES: Effective date: July 2, 2014.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-3518, respectively.
Background
On December 26, 2013, the Department published its Preliminary
Results. We received case briefs from Mitsubishi Polyester Film, Inc.
and SKC, Inc. (collectively ``Petitioners'') and Green Packing on
February 11, 2014 and February 12, 2014, respectively.\2\ Wanhua
resubmitted its case brief to redact certain untimely new factual
information on February 28, 2014,\3\ rebuttal briefs from Petitioners
and Wanhua on February 18, 2014. Petitioners resubmitted their rebuttal
brief (redacting references to the untimely new information in Wanhua's
original case brief) on March 17, 2014.\4\ Additionally, on February
11, 2014, the Department received comments on the draft liquidation
instructions from Bemis Company, Inc. and its affiliate, Milprint Inc.
(collectively ``Bemis''), and a letter in lieu of a case brief from
Terphane, Inc., in which Terphane, Inc. states that it supports all
arguments made by Petitioners in Petitioners' case brief.\5\
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\2\ See Letter from Petitioners, Commerce, ``Polyethylene
Terephthalate Film, Sheet, and Strip from the People's Republic of
China: Petitioners' Case Brief,'' dated February 11, 2014; see also
letter from Green Packing, ``Polyethylene Terephthalate (PET) Film
from China,'' dated February 12, 2014 (``Green Packing Brief'').
\3\ See Letter from Wanhua to the Secretary of Commerce,
``Polyethylene Terephthalate (PET) Film from the People's Republic
of China; A-570-924; Case Brief of Tianjin Wanhua Co., Ltd.,'' dated
February 28, 2014 (``Wanhua Brief''); see also letter from Howard
Smith, Program Manager, Office IV, Enforcement and Compliance to
Wanhua dated February 27, 2014 in which the Department rejected
Wanhua's Brief for the inclusion of untimely filed information and
requested a redacted version be filed by March 5, 2014.
\4\ See Letter from Wanhua, ``Polyethylene Terephthalate (PET)
Film from the People's Republic of China; A-570-924; Rebuttal Brief
of Tianjin Wanhua Co., Ltd.,'' dated February 18, 2014; see also
letter from Petitioners, ``Polyethylene Terephthalate Film, Sheet,
and Strip from the People's Republic of China: Petitioners' Rebuttal
Brief,'' dated February 18, 2014; see also letter from Howard Smith,
Program Manager, Office IV, Enforcement and Compliance to
Petitioners dated March 14, 2014 in which the Department rejected
Petitioners' rebuttal brief for its reference to untimely filed
information found in Wanhua's original case brief and requested a
redacted version be filed by March 17, 2014.
\5\ See Letter from Bemis to the Secretary of Commerce,
``Comments on Draft Liquidation Instructions,'' dated February 11,
2014; see also letter from Terphane, Inc. to the Secretary of
Commerce ``Administrative Review Of The Antidumping Duty Order On
Polyethylene Terephthalate (PET) Film, Sheet, And Strip From The
People's Republic Of China/Letter In Lieu Of Case Brief,'' dated
February 11, 2014.
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Scope of the Order
The products covered by the 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 (``HTSUS'').\6\ Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
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\6\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
``Issues and Decision Memorandum for the Final Results of the 2011-
2012 Administrative Review,'' issued concurrently with this notice
(``Issues and Decision Memorandum'') for a complete description of
the scope of the Order.
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For the full text of the scope of the order, see ``Issues and
Decision Memorandum for the Final Results of the 2011--2012
Administrative Review,'' (``Issues and Decision Memorandum''), dated
concurrently with this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. 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, 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 paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we revised the
margin calculations for Green Packing. Specifically, the Department
applied the correct Harmonized Tariff Schedule heading in the
calculation of the surrogate value for a certain packing material used
by Green Packing.\7\
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\7\ See Issues and Decision Memorandum.
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Separate Rates
In our Preliminary Results, we determined that Green Packing,
Wanhua, Fuwei Films, Dongfang, and the DuPont Group, each demonstrated
their eligibility for separate rate status.\8\ We have not received any
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of this determination. Therefore, the
Department continues to find that these companies are each eligible for
separate rate status.
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\8\ See Preliminary Results, 78 FR at 78333, and accompanying
Preliminary Decision Memorandum at ``Separate Rate.''
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Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
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Weighted-average
Exporter dumping margin
(Percentage)
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Shaoxing Xiangyu Green Packing Co. Ltd......... 34.00
Tianjin Wanhua Co., Ltd........................ 22.07
Fuwei Films (Shandong) Co., Ltd.*.............. 31.24
[[Page 37717]]
DuPont Teijin Films China Limited, DuPont 31.24
Hongji Films Foshan Co., Ltd., and DuPont
Teijin Films Hongji Ningbo Co., Ltd.*.........
Sichuan Dongfang Insulating Material Co., Ltd.* 31.24
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* These companies demonstrated eligibility for a separate rate in this
administrative review. The rate for these companies is the simple
average of the calculated antidumping duty rates for Green Packing and
Wanhua.
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. The Department intends to issue
assessment instructions to CBP 15 days after the publication date of
these final results of this review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-) specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), the Department will calculate
importer- (or customer)-specific assessment rates for merchandise
subject to this review. Where appropriate, we calculated an ad valorem
rate for each importer (or customer) by dividing the total dumping
margins for reviewed sales to that party by the total entered values
associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. Where appropriate, we calculated a per-unit rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise.\9\ We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate 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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\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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The Department announced a refinement to its assessment practice in
non-market economy (NME) cases.\10\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the NME-wide rate (i.e., 76.72 percent).\11\ For a full discussion of
this practice, see Assessment in NME Antidumping Proceedings.
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Antidumping Proceedings'').
\11\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Results of the 2009-2010
Antidumping Duty Administrative Review of the Antidumping Duty
Order, 77 FR 14493, 14494 (March 12, 2012).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(the Act): (1) For the exporters listed above, the cash deposit rate
will be the rate listed for each exporter in the table in the ``Final
Results'' section of this notice; (2) for previously investigated or
reviewed PRC and non-PRC exporters that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled a separate
rate, the cash deposit rate will be the rate of the PRC-wide entity
established in the final determination of the less than fair value
investigation (i.e., 76.72 percent); and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice in this proceeding in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and that subsequent
assessment of doubled antidumping duties.
Administrative Protective Order (``APO'')
This notice also serves as a reminder to parties subject to 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 or 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 administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Scope of the Order
Discussion of the Issues
General Issues
Issue 1: Surrogate Country Selection
[[Page 37718]]
A. Whether South Africa is a Significant Producer of Comparable
Merchandise
B. Quality of the Indonesian and South African Surrogate Data to
Value FOP
C. Surrogate Financial Statements to Value Financial Ratios
Issue 2: PET Chip Surrogate Value
Issue 3: Treatment of Generated and Reintroduced By-Product
Company-Specific Issues
Issue 4: Treatment of Green Packing's Reintroduced PET Waste By-
Product
Issue 5: Green Packing's Sold By-Product
Issue 6: Treatment of Market Economy Purchases (``MEP'')
Issue 6: U.S. Sales Database
Issue 7: Plastic Stopper SV
Issue 8: Value-Added Tax (``VAT'') Adjustment to Wanhua's U.S.
Sales Price
Issue 9: Importer of Record for Certain Sales to the U.S.
Recommendation
[FR Doc. 2014-15574 Filed 7-1-14; 8:45 am]
BILLING CODE 3510-DS-P