[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39687-39688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17179]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period
of review (POR) is July 1, 2016, through June 30, 2017. We
preliminarily determine that Nan Ya Plastics Corporation (Nan Ya) did
not make sales below normal value (NV) and that Shinkong Materials
Technology Corporation (SMTC) had no shipments during the POR.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255, AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is PET Film. The PET Film
subject to the order is currently classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United
States.\1\
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\1\ A full description of the scope of the order is contained in
the memorandum, ``Decision Memorandum for Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2016-
2017'' (Preliminary Decision Memorandum), which is hereby adopted by
this notice.
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by SMTC and its affiliate,
Shinkong Synthetic Fibers Corp. (SSFC), we preliminarily determine that
SMTC had no shipments of the subject merchandise during the POR.
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included at the
Appendix to this notice. The Preliminary 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 is available to all parties in the Central
Records Unit in Room B8024 of the main Commerce building. In addition,
a complete version of the Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for the period July 1, 2016,
through June 30, 2017.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Nan Ya Plastics Corporation................................ 0.00
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to
19 CFR 351.309(c), 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 be filed not
later than five days after the date for filing case briefs.\2\ Parties
who submit case briefs or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.\3\
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\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Acting
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address and
[[Page 39688]]
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. Commerce intends to issue
the final results of this administrative review, including the results
of its analysis of the issues raised in any written briefs, not later
than 120 days after the date of publication of this notice, unless
extended, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If a respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis of
the ratio of the total amount of dumping calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\4\ This clarification applies to entries of subject
merchandise during the POR produced by a respondent for which it did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
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\4\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters is 2.40 percent.\5\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\5\ See PET Film from Taiwan Amended Final Determination.
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Notification to Interested Parties
This notice also serves as a preliminary 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 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.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h)(1).
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Finding of No Shipments for SMTC
V. Product Comparisons
VI. Comparison to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
C. Date of Sale
D. Export Price
E. Normal Value
F. Calculation of Normal Value Based on Comparison Market Prices
G. Price-to-Constructed Value Comparisons
H. Currency Conversion
VII. Recommendation
[FR Doc. 2018-17179 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P