[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14416-14417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06837]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Polyethylene Terephthalate Film, Sheet, and Strip From the United 
Arab Emirates: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that JBF RAK 
LLC (JBF) made sales of subject merchandise at less than normal value 
during the period of review (POR), November 1, 2015, through October 
31, 2016, and that UFlex Limited (UFlex) had no shipments of subject 
merchandise during the POR.

DATES: Applicable Date: April 4, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review on December 1, 2017.\1\ We invited interested parties to comment 
on the Preliminary Results. On January 2, 2017, Commerce received a 
timely-filed case brief from JBF.\2\ No party filed a rebuttal brief.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2015-2016, 82 FR 56949 (December 1, 2017) (Preliminary Results).
    \2\ See ``Polyethylene Terephthalate (PET) Film, Sheet and Strip 
from the United Arab Emirates (A-520-803); Case Brief of JBF RAK, 
LLC,'' dated January 2, 2018.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results of this review is now April 
3, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film (PET 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. PET 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.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that one 
company, UFlex, had no shipments during the POR.\4\ Consistent with 
Commerce's assessment practice, Commerce completed the review with 
respect to UFlex.\5\ For these final results, we continue to find that 
UFlex had no shipments during the POR.
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    \4\ See Preliminary Results at 3.
    \5\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51306-51307 (August 28, 2014).
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Analysis of Comments Received

    All issues raised in the sole case brief filed in this review are 
addressed in the Issues and Decision Memorandum.\6\ A list of the 
issues addressed in the Issues and Decision Memorandum is appended to 
this notice. The Issues and Decision Memorandum is a public document 
and is available electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Services 
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 of the main Commerce Building, Room B-8024. In addition, a 
complete version of the Issues and Decision Memorandum is also 
accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from the United 
Arab Emirates: Issues and Decision Memorandum for the Final Results 
and Final Determination of No Shipments; 2015-2016,'' (Issues and 
Decision Memorandum), dated concurrently with and hereby adopted by 
this notice.
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Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made one change 
to our margin calculations for JBF. Specifically, we revised our 
calculation of home market credit expenses.\7\ A complete discussion of 
this change can be found in the Issues and Decision Memorandum.
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    \7\ See Issues and Decision Memorandum at page 2.
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Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period of November 1, 
2015, through October 31, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                               dumping
                   Producer or exporter                        margin
                                                             (percent ad
                                                              valorem)
------------------------------------------------------------------------
JBF RAK LLC...............................................        18.90
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Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all

[[Page 14417]]

appropriate entries of subject merchandise in accordance with the final 
results of this review.\8\ Commerce intends to issue appropriate 
assessment instructions directly to CBP 15 days after the date of 
publication of these final results of review.
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    \8\ Commerce applied the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 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 all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, 
as amended (the Act): (1) For JBF, the cash deposit rate will be equal 
to the weighted-average dumping margin listed above in the section 
``Final Results of Review;'' (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a previously 
completed segment of this proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the final results 
for the most recent period in which that producer or exporter 
participated; (3) if the exporter is not a firm covered in this review 
or in any previous segment of this proceeding, but the producer is, 
then the cash deposit rate will be that established for the producer of 
the merchandise in these final results of review or in the final 
results for the most recent period in which that producer participated; 
and (4) if neither the exporter nor the producer is a firm covered in 
this review or in any previously completed segment of this proceeding, 
then the cash deposit rate will be 4.05 percent, the all-others rate 
established in the less than fair value investigation.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ 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, 
66596 (November 10, 2008).
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Disclosure

    We will disclose to interested parties the calculations performed 
in connection with these final results within five days of the 
publication of this notice, consistent with 19 CFR 351.224(b).

Notification to Importers

    This notice serves as a final reminder to 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), 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 
the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 
CFR 351.213(h).

    Dated: March 29, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Issues in the Decision Memorandum

I. Summary
II. Scope of the Order
III. Period of Review
IV. Discussion of the Issue
    Comment 1: Home Market Credit Expenses
V. Recommendation

[FR Doc. 2018-06837 Filed 4-3-18; 8:45 am]
 BILLING CODE 3510-DS-P