[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60136-60137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23796]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-924]


Polyethylene Terephthalate Film, Sheet, and Strip From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With Final Results of Administrative Review and Notice of Amended Final 
Results of Administrative Review Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 22, 2014, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department'') results of redetermination, pursuant to the CIT's remand 
order, in Dupont Teijin Films v. United States, 997 F. Supp. 2d 1338 
(CIT 2014).\1\
---------------------------------------------------------------------------

    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 12-00088, dated February 7, 2014, available at: 
http://enforcement.trade.gov/remands/index.html (``PET Film Final 
Remand'').
---------------------------------------------------------------------------

    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 
F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond 
Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 
2010) (``Diamond Sawblades''), the Department is notifying the public 
that the final judgment in this case is not in harmony with the 
Department's PET Film Final Results \2\ and is amending the final 
results with respect to the margins assigned to Tianjin Wanhua Co., 
Ltd., Sichuan Dongfang Insulating Material Co., Ltd., Fuwei Films 
(Shandong) Co., Ltd., and Shaoxing Xiangyu Green Packing Co., Ltd. 
(``Respondents'') for the period of review (``POR'') November 1, 2009, 
through October 31, 2010.
---------------------------------------------------------------------------

    \2\ 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 (March 12, 2012) (``PET Film Final Results'').
---------------------------------------------------------------------------

    Effective Date: August 1, 2014.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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.

SUPPLEMENTARY INFORMATION:  On March 12, 2012, the Department published 
the PET Film Final Results. Domestic producers Dupont Teijin Films, 
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics 
(America), Inc. appealed the PET Film Final Results to the CIT, and on 
February 7, 2013, the CIT issued its first remand order in this case 
concerning the Department's selection of its surrogate country.\3\ On 
August 21, 2013, the CIT issued its second remand and ordered the 
Department to reconsider its surrogate country selection with the 
benefit of 2009 per-capita gross national income data.\4\
---------------------------------------------------------------------------

    \3\ See Dupont Teijin Films v. United States, 896 F. Supp. 2d 
1302 (CIT 2013).
    \4\ See Dupont Teijin Films v. United States, 931 F. Supp. 2d 
1297 (CIT 2013) (``Remand Opinion and Order'').
---------------------------------------------------------------------------

    Pursuant to the CIT's remand instructions, the Department, under 
protest, selected South Africa as the primary surrogate country for 
calculating normal value.\5\ The CIT sustained the Department's PET 
Film Final Remand on July 22, 2014,\6\ and, as a result, the 
Respondents' dumping margins changed.
---------------------------------------------------------------------------

    \5\ See PET Film Final Remand.
    \6\ See Dupont Teijin Films v. United States, 997 F. Supp. 2d 
1338 (CIT 2014).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the ``Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's July 22, 2014, 
judgment sustaining the PET Film Final Remand constitutes a final 
decision of that court that is not in harmony with the PET Film Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken.

Amended Final Results

    Because there is now a final court decision with respect to the PET 
Film Final Results, the revised dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Tianjin Wanhua Co., Ltd.....................................       19.49
Sichuan Dongfang Insulating Material Co., Ltd...............       14.25
Fuwei Films (Shandong) Co., Ltd.............................       19.35

[[Page 60137]]

 
Shaoxing Xiangyu Green Packing Co., Ltd.....................       19.35
------------------------------------------------------------------------

    Because no party appealed the CIT's decision before the period of 
appeal expired on September 22, 2014, the CIT's decision is now final 
and conclusive. Accordingly, the Department will instruct U.S. Customs 
and Border Protection to assess antidumping duties on entries during 
the POR of the subject merchandise exported by the Respondents using 
the revised assessment rates calculated by the Department in the PET 
Film Final Remand.

Cash Deposit Requirements

    Since the PET Film Final Results, the Department has established a 
new cash deposit rate for the Respondents.\7\ Therefore, the 
Respondents' cash deposit rates do not need to be updated as a result 
of these amended final results. The cash deposit rate for the 
Respondents will remain the rate established for the subsequent and 
most-recent period during which the Respondents were reviewed.
---------------------------------------------------------------------------

    \7\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2011-2012, 79 FR 37715 (July 2, 2014).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: September 29, 2014.
Paul Piquado,
Assistant Secretary For Enforcement and Compliance.
[FR Doc. 2014-23796 Filed 10-3-14; 8:45 am]
BILLING CODE 3510-DS-P