[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48292-48293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19845]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-841]


Polyethylene Terephthalate Film, Sheet and Strip From Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014

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


DATES: Effective Date: August 12, 2015.
SUMMARY: In response to requests from DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., and SKC, Inc. (collectively, Petitioners), the 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on polyethylene terephthalate 
film, sheet and strip (PET film) from Brazil.\1\ On February 6, 2015, 
the Department published, in the Federal Register, a notice of 
revocation of the antidumping duty order on PET film from Brazil, 
effective November 10, 2013.\2\ Accordingly, this administrative review 
covers Terphane Ltda. and Terphane Inc. (collectively, Terphane) for 
the period of review (POR) November 1, 2013, through November 9, 2013. 
As we currently have no evidence of any reviewable entries, shipments 
or sales of subject PET film by Terphane during the POR, we are issuing 
a preliminary no shipment determination.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 76956 (December 23, 2014).
    \2\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
Brazil, the People's Republic of China, and the United Arab 
Emirates: Continuation and Revocation of Antidumping Duty Orders, 80 
FR 6689 (February 6, 2015) (Notice of Revocation).
    \3\ Terphane is the only respondent in this review.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
1121 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this 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.\4\
---------------------------------------------------------------------------

    \4\ For a full description of the scope of the order, see 
``Decision Memorandum for the Preliminary Results of the Antidumping 
Duty Administrative Review of Polyethylene Terephthalate Film, Sheet 
and Strip from Brazil: 2013-2014,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance (Preliminary Decision Memorandum), dated concurrently 
with these results and hereby adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and

[[Page 48293]]

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 B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://www/trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum is identical in content.

Preliminary Determination of No Shipments

    Based on information Terphane submitted after the initiation of 
this administrative review and information collected from U.S. Customs 
and Border Protection (CBP), the Department has preliminarily 
determined that the record evidence indicates that Terphane currently 
had no reviewable entries during the POR. In addition, the Department 
finds that it is not appropriate to rescind the review with respect to 
Terphane but, rather, to complete the review and issue appropriate 
instructions to CBP based on the final results of this review, as is 
our practice.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent To Revoke the Order (in Part); 2011-2012, 78 FR 15686 (March 
12, 2013) and the accompanying Decision Memorandum at 7 to 8.
---------------------------------------------------------------------------

Assessment Rates

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which these companies did not know that the 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue 
assessment instructions directly to CBP 15 days after publication of 
the final results of this review.

Disclosure and Public Comment

    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department.\6\ Parties are reminded that written comments or 
case briefs are not the place for submitting new factual material. 
Rebuttal briefs, limited to issues raised in the case briefs, will be 
due five days later.\7\ Parties who submit case or rebuttal briefs are 
requested to submit with each argument: (1) A statement of the issue; 
and (2) a brief summary of the argument. Parties are requested to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c)(ii).
    \7\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party who wishes to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days after the day of publication of this notice. 
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.\8\ Issues raised in the hearing will be limited to those 
raised in case briefs. The Department will issue the final results of 
administrative review, including the results of our analysis of issues 
raised in any briefs, within 90 days after the date on which the 
preliminary results were issued, unless the deadline for the final 
results is extended.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.214(i).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to the importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is published in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: August 3, 2015.
Ronald K. Lotentzen,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-19845 Filed 8-11-15; 8:45 am]
 BILLING CODE 3510-DS-P