[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63157-63159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26545]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-803]


Polyethylene Terephthalate Film, Sheet, and Strip From the United 
Arab Emirates: Preliminary Results of Antidumping Duty Administrative 
Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
JBF RAK LLC, the sole producer/exporter

[[Page 63158]]

subject to this administrative review, has made sales of subject 
merchandise at less than normal value. Interested parties are invited 
to comment on these preliminary results.

DATES: Applicable December 7, 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 is conducting an administrative review of the antidumping 
duty order on polyethylene terephthalate film, sheet, and strip (PET 
Film) from the United Arab Emirates (UAE). The notice of initiation of 
this administrative review was published on January 11, 2018.\1\ This 
review only covers JBF RAK LLC, a producer and exporter of the subject 
merchandise. The period of review is November 1, 2016, through October 
31, 2017.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329, 1333 (January 11, 2018).
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Scope of the Order

    The merchandise subject to the order is polyethylene terephthalate 
film. The product is currently classified under subheading 
3920.62.00.90 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS number is provided for convenience and for 
customs purposes, the written product description, available in the 
Preliminary Decision Memorandum, remains dispositive.\2\
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from the United Arab Emirates'' 
(Preliminary Decision Memorandum), dated concurrently with this 
notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act.
    For a full description of the methodology underlying our 
preliminary results, see the Preliminary Decision Memorandum, which is 
hereby adopted by this notice.\3\ A list of topics included in the 
Preliminary Decision Memorandum is included as an Appendix to this 
notice. 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 https://access.trade.gov and in the Central Records 
Unit in Room B8024 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the internet at https://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 Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margin for the period November 1, 2016, 
through October 31, 2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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JBF RAK LLC.................................................      57.33
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Disclosure and Public Comment

    Commerce intends to disclose the calculations used in our analysis 
for the preliminary results to parties in this review within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties are invited to comment on the 
preliminary results of this review. Pursuant to 19 CFR 
351.309(c)(1)(ii), 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\ 
Parties who submit case briefs or rebuttal briefs in this review are 
requested to submit with each brief: (1) A statement of the issue, (2) 
a brief summary of the argument, and (3) a table of authorities.\5\ 
Executive summaries should be limited to five pages total, including 
footnotes.\6\ All briefs must be filed electronically using ACCESS. An 
electronically filed document must be received successfully in its 
entirety by the established deadline.
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    \4\ See 19 CFR 351.309(d)(1).
    \5\ See 19 CFR 351.309(c)(2), (d)(2).
    \6\ Id.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS within 30 days after the 
date of publication of this notice. Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case briefs. If a hearing is requested, Commerce will notify interested 
parties of the hearing schedule.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\7\
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    \7\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon issuing the final results of the review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of the final results of review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\8\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
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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    \8\ In these preliminary results, Commerce applied the 
calculation methodology 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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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results

[[Page 63159]]

of this review and for future deposits of estimated duties, where 
applicable.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results for all shipments of PET Film from the 
UAE 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 companies 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 will continue to be 4.05 percent, the all-
others rate established in the 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, 
66597 (November 10, 2008).
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Notification to Importers

    This notice also serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.213(h)(1).

    Dated: November 29, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Date of Sale
5. Discussion of Methodology
6. Product Comparisons
7. Export Price/Constructed Export Price
8. Normal Value
9. Currency Conversions
10. Conclusion

[FR Doc. 2018-26545 Filed 12-6-18; 8:45 am]
 BILLING CODE 3510-DS-P