[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33241-33243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14349]


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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 and Final Determination of No Shipments; 2012-
2013

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

SUMMARY: On December 5, 2014, the Department of Commerce (the 
``Department'') published its Preliminary Results in the 2012-2013 
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, 2012, 
through October 31, 2013. This review covers four companies: Shaoxing 
Xiangyu Green Packing Co. Ltd. (``Green Packing'') and Tianjin Wanhua 
Co., Ltd. (``Wanhua''), which were subject to individual examination, 
as well as Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films'') and 
Sichuan Dongfang Insulating Material Co., Ltd., (``Dongfang'').\2\ 
Based on our analysis of the comments received, we made certain changes 
to our margin calculations for Wanhua. 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, Preliminary Determination of No 
Shipments and Partial Rescission of Review; 2012-2013, 79 FR 72166 
(December 5, 2014) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum. The Department notes that Fuwei 
Films and Dongfang had no reviewable entries.
    \2\ The review of Huangshi Yucheng Trade Co., Ltd. was 
rescinded. See Preliminary Results.

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DATES: Effective Date: June 11, 2015.

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 5, 2014, the Department published its Preliminary 
Results in this review. We received case briefs from Mitsubishi 
Polyester Film, Inc. and SKC, Inc. (collectively ``Petitioners''), 
Green Packing, and Wanhua on January 14, 2015.\3\ On January 26, 2015, 
Petitioners and Wanhua submitted rebuttal briefs.\4\ On March 23, 2015, 
Green Packing and Wanhua resubmitted case briefs and Petitioners 
resubmitted its rebuttal brief \5\ to redact certain untimely new 
factual information.
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    \3\ See Letter from Petitioners to the Secretary of Commerce, 
``Polyethylene Terephthalate Film, Sheet, and Strip from the 
People's Republic of China: Petitioners' Case Brief,'' dated January 
14, 2015. Also, on January 14, 2015, the Department received a 
letter in lieu of a case brief from Terphane, Inc., in which 
Terphane, Inc. states that it supports the Department preliminary 
results and arguments made by Petitioners in Petitioners' case 
brief. See Wanhua's and Green Packing's resubmitted case briefs 
dated March 23, 2015.
    \4\ See Letter from Wanhua to the Secretary of Commerce, 
``Polyethylene Terephthalate (PET) Film from the People's Republic 
of China; A-570-924; Rebuttal Brief,'' dated January 26, 2015 
(``Wanhua Rebuttal Brief''). Also, on January 26, 2015, the 
Department received a letter in lieu of a rebuttal brief from 
Terphane, Inc., in which Terphane, Inc. states that it supports all 
arguments made by Petitioners in Petitioners' case brief. See 
Petitioners resubmitted rebuttal brief dated March 23, 2015.
    \5\ See Letter from Green Packing to the Secretary of Commerce 
``Polyethylene Terephthalate (PET) Film from China,'' dated March 
23, 2015; see also letter from Wanhua to the Secretary of Commerce, 
``Polyethylene Terephthalate (PET) Film from the People's Republic 
of China; A-570-924; Resubmission of Case Brief,'' dated March 23, 
2015; see also letter from Petitioners to the Secretary of Commerce, 
``Polyethylene Terephthalate Film, Sheet, and Strip from the 
People's Republic of China: Resubmission of Petitioners' Rebuttal 
Brief,'' dated March 23, 2015.
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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''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
    For the full text of the scope of the order, see Memorandum to 
Ronald K. Lorentzen, Acting 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 2012-2013 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

[[Page 33242]]

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 (``ACCESS''). 
ACCESS is available to registered users at http://access.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 Wanhua. Specifically, we corrected two errors 
in our calculations by deducting marine insurance expenses \6\ and 
value added taxes \7\ from Wanhua's U.S. sales prices, both of which we 
inadvertently failed to deduct in the Preliminary Results.
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    \6\ See Issues and Decision Memorandum at Comment 6.
    \7\ See Memorandum from Jonathan Hill, International Trade 
Compliance Analyst to Howard Smith, Program Manager, AD/CVD 
Operation, Office IV ``Analysis for the Final Results of the 2012-
2013 Administrative Review of the Antidumping Duty Order on 
Polyethylene Terephthalate Film, Sheet and Strip from the People's 
Republic of China: Tianjin Wanhua Co., Ltd.,'' dated concurrently 
with this notice.
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Final Determination of No Shipments

    For these final results, the Department continues \8\ to find that 
Fuwei Films and Dongfang did not have any reviewable entries during the 
POR.\9\
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    \8\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at ``Preliminary Determination of No 
Shipments.''
    \9\ See Issues and Decision Memorandum at Comment 1.
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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..................           35.10
Tianjin Wanhua Co., Ltd.................................           72.15
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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 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.\10\ 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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    \10\ 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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    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate (i.e., 76.72 percent).\11\ Additionally, if the Department 
determines that an exporter under review had no shipments of the 
subject merchandise, any suspended entries that entered under that 
exporter's case number will be liquidated at the PRC-wide rate.

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 of 
this notice in the Federal Register, as provided by section 
751(a)(2)(C) of 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 to a separate rate, the cash deposit rate will be the rate 
previously established for the PRC-wide entity; 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 for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register 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 Secretary's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of double 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 these results of administrative review and 
publishing

[[Page 33243]]

notice in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Scope of the Order
Discussion of the Issues
    I. General Issues
    Comment 1: Respondent Selection
    Comment 2: Surrogate Country Selection
    A. Whether South Africa is a Significant Producer of Comparable 
Merchandise
    B. Quality of the Indonesian and South African Surrogate Value 
Data
    C. Surrogate Financial Statements
    Comment 3: SV for Paper Core
    II. Company-Specific Issues
    Comment 4: Treatment of Green Packing's Reintroduced PET By-
Product
    Comment 5: Value-Added Tax (``VAT'') Adjustment to Wanhua's U.S. 
Sales Price
    Comment 6: Deduction of Marine Insurance from Wanhua's U.S. 
Sales Prices
Recommendation
[FR Doc. 2015-14349 Filed 6-10-15; 8:45 am]
 BILLING CODE 3510-DS-P