[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74673-74674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25859]



[[Page 74673]]

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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; 2018-2019

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 (AD) order on 
polyethylene terephthalate film, sheet, and strip (PET film) from 
Taiwan. The period of review (POR) is July 1, 2018 through June 30, 
2019. This review covers the respondent Nan Ya Plastics Corporation 
(Nan Ya) and Shinkong Materials Technology Corporation (SMTC), 
producers and exporters of PET film from Taiwan. Commerce preliminarily 
determines that sales of subject merchandise have not been made below 
normal value (NV) by Nan Ya during the POR. In addition, we 
preliminarily find that SMTC had no shipments during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2019, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on PET film from Taiwan, for the period July 1, 2018 through June 
30, 2019.\1\ In accordance with section 751(a)(1) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.213(b)(1), in July 2019, we 
received requests from the petitioners,\2\ Polyplex USA LLC (Polyplex), 
and Nan Ya, for reviews of two companies, Nan Ya and SMTC.\3\ 
Subsequently, on September 9, 2019, in accordance with 19 CFR 
351.222(c)(1)(i), Commerce published a notice of initiation of an 
administrative review of the AD order on PET film from Taiwan.\4\ We 
issued our initial questionnaires to Nan Ya on October 4, 2019.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 31295 (July 1, 2019).
    \2\ The petitioners are DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., and SKC, Inc. (collectively, petitioners).
    \3\ See Petitioners' Letter, dated July 15, 2019; Polyplex's 
Letter, ``Request for Antidumping Duty Administrative Review,'' 
dated July 18, 2019; and Nan Ya's Letter, ``Polyethylene 
Terephthalate (PET) Film from Taiwan,'' filed July 31, 2019.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242, September 9, 2019.
    \5\ See Commerce's Letter, ``Antidumping Duty Questionnaire,'' 
dated October 4, 2019.
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    On March 26, 2020, in accordance with section 751(a)(3)(A) of the 
Act, and 19 CFR 351.213(h)(2), Commerce extended the due date for the 
preliminary results by an additional 69 days, from April 1, 2020 to 
July 9, 2020.\6\ On April 24, 2020, Commerce issued a memorandum 
tolling all deadlines for administrative reviews by 50 days.\7\ On July 
21, 2020, Commerce issued another memorandum tolling all deadlines for 
administrative reviews by a total of 60 days.\8\ On October 22, 2020, 
in accordance with section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(2), Commerce extended the due date for the preliminary 
results by an additional 21 days.\9\ The current deadline is November 
17, 2020.
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    \6\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from Taiwan: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review (2018-2019),'' dated March 
26, 2020.
    \7\ 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.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \9\ See Memorandum, ``Polyethylene terephthalate (PET) film, 
sheet, and strip (PET Film) from Taiwan: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review (2018-
2019),'' dated October 22, 2020.
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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. 
Although the HTSUS number is provided for convenience and for customs 
purposes, the written product description, available in the Preliminary 
Decision Memorandum, remains dispositive.\10\
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    \10\ See Memorandum, ``Decision Memorandum for Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review: Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan; 2018-2019,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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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., we preliminarily determine that SMTC had no 
shipments of the subject merchandise during the POR.\11\ Consistent 
with Commerce's practice, we will not rescind the review with respect 
to SMCT, but will complete the review and issue instructions to CBP 
based on the final results.\12\
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    \11\ See Preliminary Decision Memorandum; see also Memorandum, 
``Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: No 
Shipments Determination for Shinkong Materials Technology 
Corporation (SMTC),'' dated concurrently with this notice.
    \12\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2017- 2018, 85 FR 1139 (January 
9, 2020).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of 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 as an 
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. In addition, a complete version of the 
Preliminary 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, 2018 
through June 30, 2019.

[[Page 74674]]



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                                                               Weighted-
                                                                average
                      Producer/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 seven days after the date for filing case briefs.\13\ 
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.\14\
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    \13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020).
    \14\ 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 Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by 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 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. 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 CBP shall assess antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212 (b). 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.
    For 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, 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.
    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.\15\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ See PET Film from Taiwan Amended Final Determination.
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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)(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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: November 17, 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. Preliminary Determination of No Shipments for SMTC
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2020-25859 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P