[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26229-26230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11085]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Preliminary Negative Determination of Circumvention of the 
Antidumping Order on Polyethylene Terephthalate Film, Sheet, and Strip 
From the United Arab Emirates

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: On July 29, 2014, pursuant to allegations by Polyplex USA LLC 
and Flex USA Inc., the Department of Commerce (the Department) 
initiated an anti-circumvention inquiry to determine whether imports of 
polyethylene terephthalate film, sheet, and strip (PET Film) from the 
Kingdom of Bahrain (Bahrain) produced by JBF Bahrain S.P.C. (JBF 
Bahrain) are circumventing the antidumping order on PET Film from the 
United Arab Emirates (UAE). We preliminarily determine that PET Film 
produced by JBF Bahrain in

[[Page 26230]]

Bahrain is not circumventing the order of PET Film from the UAE,\1\ 
pursuant to section 781(b) of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Brazil, the People's Republic of China and the United Arab Emirates: 
Antidumping Duty Orders and Amended Final Determination of Sales at 
Less Than Fair Value for the United Arab Emirates, 73 FR 66595 
(November 10, 2008) (Order).

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DATES: Effective: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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; telephone: (202) 482-
4261.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film, whether extruded or 
co-extruded. Excluded are metallized 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 more 
than 0.00001 inches thick. Also excluded is roller transport cleaning 
film which has at least one of its surfaces modified by application of 
0.5 micrometers of SBR latex. Tracing and drafting film is also 
excluded. Polyethylene terephthalate film is classifiable under 
subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the 
United States (HTSUS). While HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.\2\
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    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Preliminary Decision Memorandum for Anti-circumvention Inquiry of 
the Antidumping Duty Order on Polyethylene Terephthalate Film, 
Sheet, and Strip from the United Arab Emirates'' (Preliminary 
Decision Memorandum), dated concurrently with these results and 
herby adopted by this notice.
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Scope of the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers PET Film produced in Bahrain 
by JBF Bahrain from inputs (PET chips and silica chips) manufactured in 
the UAE, and that is subsequently exported from Bahrain to the United 
States.

Methodology

    The Department has conducted this preliminary determination of 
circumvention in accordance with section 781(b) of the Act and 19 CFR 
351.225(h). For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.\3\ The 
Preliminary Decision Memorandum is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov, and it is available to 
all parties in the Central Records Unit in room 7046 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \3\ Id.
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Preliminary Findings

    As detailed in the Preliminary Decision Memorandum, the Department 
has preliminarily determined that the process of completion or assembly 
of PET Film produced by JBF Bahrain is not minor or insignificant, 
pursuant to section 781(b)(2) of the Act, nor is the value of the 
merchandise produced in the UAE a significant portion of the value of 
PET film exported from Bahrain to the United States, pursuant to 
section 781(b)(1)(D) of the Act. Therefore, the Department 
preliminarily determines that PET Film produced by JBF Bahrain in 
Bahrain using inputs from the UAE, and exported from Bahrain to the 
United States, is not circumventing the Order.

Public Comment

    The Department intends to disclose the analysis used in these 
preliminary findings within five days of publication of this notice. 
Interested parties are invited to comment on the preliminary results of 
this review. Pursuant to 19 CFR 351.309(b)(2), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may not be filed later than five days after the time limit for 
filing case briefs.\4\ Case and rebuttal briefs, when submitted, must 
comport with the requirements contained in 19 CPR 351.309(c)(2) and 
(d)(2).
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    \4\ See 19 CFR 351.309(d)(1).
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    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance within 30 days after 
the day of publication of this notice pursuant to 19 CFR 351.310(c). A 
request should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed.\5\ Issues raised in the hearing will be limited to those 
raised in case briefs.
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    \5\ See 19 CFR 351.310(c).
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Final Determination

    According to 19 CFR 351.225(f)(5), the Department will normally 
issue a final scope ruling in a circumvention inquiry within 300 days 
of the date of the initiation inquiry. Because of the extensive cost, 
investment, and research and development information required for this 
analysis from JBF, the Department is extending the deadline for the 
final ruling in this inquiry. The final determination with respect to 
this anti-circumvention inquiry, including results of the Department's 
analysis of any written comments, will be issued no later than July 31, 
2015.
    This preliminary negative circumvention determination is published 
in accordance with section 781(b) of the Act and 19 CFR 351.225.

    Dated: May 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Scope of the Anticircumvention Inquiry
5. Statutory Framework
6. Statutory Analysis
7. Summary of Statutory Analysis

[FR Doc. 2015-11085 Filed 5-6-15; 8:45 am]
 BILLING CODE 3510-DS-P