[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26927-26928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09671]
[[Page 26927]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924, A-520-803]
Polyethylene Terephthalate Film, Sheet and Strip From the
People's Republic of China and the United Arab Emirates: Final Results
of the Expedited Second Sunset Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited (120-day) sunset reviews, the
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders would be likely to lead to the
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Review'' section of this notice.
DATES: Applicable May 6, 2020.
FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, 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) 482-3870.
SUPPLEMENTARY INFORMATION:
Background
On November 10, 2008, Commerce issued the Orders on polyethylene
terephthalate film, sheet, and strip (PET film) from the People's
Republic of China (China) and the United Arab Emirates (UAE).\1\ On
July 1, 2019, Commerce published the Notice of Initiation of the second
sunset reviews of the Orders pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\ On January 13 and 15, 2020,
Commerce received notices of intent to participate from the petitioners
\3\ and Terphane LLC (Terphane), respectively.\4\ Each filing was
timely submitted within the 15-day deadline specified in 19 CFR
351.218(d)(1)(i). The petitioners and Terphane each claimed interested
party status under section 771(9)(C) of the Act as a producer of the
domestic like product in the United States.
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\1\ 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
(November 10, 2008) (the Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020) (Notice of Initiation).
\3\ The petitioners are DuPont Teijin Films; Mitsubishi
Polyester Film, Inc.; SKC, Inc.; and Toray Plastics (America), Inc.
\4\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from the People's Republic of China: Notice
of Intent to Participate in Sunset Review,'' dated January 13, 2020;
see also Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from the United Arab Emirates: Notice of
Intent to Participate in Sunset Review,'' dated January 15, 2020;
Terphane's Letter, ``Five-Year (``Sunset'') Review Of Antidumping
Order On Polyethylene Terephthalate (PET) Film, Sheet, And Strip
From The People's Republic of China: Notice Of Intent To
Participate,'' dated January 15, 2020; and Terphane's Letter,
``Five-Year (``Sunset'') Review Of Antidumping Order On Polyethylene
Terephthalate (PET) Film, Sheet, And Strip from The United Arab
Emirates: Notice Of Intent To Participate,'' dated January 15, 2020.
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On January 31 and February 3, 2020, Commerce received adequate
substantive responses to the Notice of Initiation from the petitioners
and Terphane, respectively, within the 30-day deadline specified in 19
CFR 351.218(d)(3)(i).\5\ We received no substantive responses from
respondent interested parties with respect to either of the orders
covered by these sunset reviews.
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\5\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from the People's Republic of China:
Substantive Response to the Notice of Initiation,'' dated January
31, 2020; see also Petitioners' Letter, ``Polyethylene Terephthalate
(PET) Film, Sheet, and Strip from the United Arab Emirates:
Substantive Response to the Notice of Initiation,'' dated January
31, 2020; and Terphane's Letter, ``Five-Year (``Sunset'') Review Of
Antidumping Orders On Polyethylene Terephthalate (PET) Film, Sheet,
And Strip From China And The United Arab Emirates: Terphane's
Substantive Response,'' dated February 3, 2020.
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On February 24, 2020, Commerce notified the U.S. International
Trade Commission (ITC) that it did not receive an adequate substantive
response from respondent interested parties.\6\ As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce has conducted expedited (120-day) sunset reviews of the
Orders.
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\6\ See Commerce's Letter, ``Sunset Review Initiation on January
2, 2020,'' dated February 24, 2020.
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Scope of the Orders
The products covered by the Orders is PET film and is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number 3920.62.00.90. A full description of the
scope of the Orders is contained in the accompanying Issues and
Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Second Expedited Sunset Reviews of the
Antidumping Duty Orders on Polyethylene Terephthalate Film, Sheet,
and Strip from the People's Republic of China and the United Arab
Emirates,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum. The issues discussed in the Issues and
Decision Memorandum include the likelihood of continuation or
recurrence of dumping and the magnitude of the margins likely to
prevail if the Orders were revoked. 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. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. 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 signed and electronic version of the Issues and Decision
Memorandum are identical in content.
Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the AD orders on PET film from
China and the UAE would be likely to lead to the continuation or
recurrence of dumping at weighted-average dumping margins up to 76.72
percent for China and 4.05 percent for the UAE.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218.
[[Page 26928]]
Dated: April 30, 2020.
Joseph Laroski,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin of Dumping Likely To Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2020-09671 Filed 5-5-20; 8:45 am]
BILLING CODE 3510-DS-P