[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71606-71607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24937]


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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; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Flex Middle East FZE (Flex), the sole producer/exporter 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 November 10, 2020.

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 17, 2020.\1\ This 
review only covers Flex, a producer and exporter of the subject 
merchandise. The period of review is November 1, 2018 through October 
31, 2019. On April 24, 2020, Commerce uniformly tolled deadlines for 
all antidumping duty and countervailing duty administrative reviews by 
50 days,\2\ and on July 21, 2020, we uniformly tolled deadlines for all 
antidumping duty and countervailing duty administrative reviews by an 
additional 60 days, thereby extending the deadline for these 
preliminary results until November 19, 2020.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 3014, 1333 (January 17, 2020).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from the United Arab 
Emirates,'' dated concurrently with and hereby adopted by this 
notice (Preliminary Decision Memorandum).
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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). Pursuant to 
sections 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available with adverse inferences (AFA) for Flex, 
because this respondent notified Commerce that it would not participate 
in the review.
    For a full description of the methodology and analysis underlying 
the preliminary application of AFA, see the Preliminary Decision 
Memorandum. A list of topics included in the Preliminary Decision 
Memorandum is included as an appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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. In addition, 
a complete version of the Preliminary Decision Memorandum can be 
accessed directly at http://enforcement.trade.gov/frn/. The signed and 
the electronic

[[Page 71607]]

versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margin for the period November 1, 2018 through 
October 31, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
Flex Middle East FZE....................................           70.75
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\5\ 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 of this review and for future deposits of estimated 
duties, where applicable.\6\ If the preliminary results are unchanged 
for the final results, we will instruct CBP to apply an ad valorem 
assessment rate of 70.75 percent to all entries of subject merchandise 
during the period of review from Flex. We intend to issue liquidation 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \5\ See 19 CFR 351.212(b).
    \6\ See section 751(a)(2)(C) of the Act.
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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 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 will continue to be 4.05 percent, the all-
others rate established in the investigation.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ 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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Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of the date of publication of the notice of preliminary results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, there 
are no calculations to disclose here because, in accordance with 
section 776 of the Act, Commerce preliminarily applied AFA to Flex, the 
only respondent subject to this review.
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no 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 seven days after the date for filing case 
briefs.\8\ 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.\9\ Case and rebuttal briefs should be filed using 
ACCESS.\10\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\11\
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    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See generally 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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 Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety through Commerce's electronic records system, ACCESS, 
by 5:00 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 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 and rebuttal briefs.

Final Results of Review

    Unless otherwise extended, 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, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

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.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: November 5, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
V. Recommendation

[FR Doc. 2020-24937 Filed 11-9-20; 8:45 am]
BILLING CODE 3510-DS-P