[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:

------------------------------------------------------------------------
                                                     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