[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41378-41380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13520]


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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; 2021-2022

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

SUMMARY: The U.S. 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, 2021, through June 30, 
2022. This review covers the following producers and exporters from 
Taiwan: Nan Ya Plastics Corporation (Nan Ya); and Shinkong Materials 
Technology Corporation (SMTC)/Shinkong Synthetic Fibers Corporation 
(SSFC). 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/SSFC had no 
shipments during the POR. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 26, 2023.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or 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) 482-3797 
or (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2022, Commerce published in the Federal Register a 
notice of opportunity \1\ to request an administrative review of the AD 
order on PET film from Taiwan.\2\ On September 6, 2022, in accordance 
with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation 
of an administrative review of the Order.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 39461 (July 1, 2022).
    \2\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan, 67 FR 44174 (July 1, 2002) (Order).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
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    On March 28, 2023, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2), 
Commerce extended the due date for the preliminary results by 80 days 
until June 21, 2023.\4\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 28, 
2023.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Polyethylene Terephthalate Film, 
Sheet, and Strip from Taiwan; 2021-2022'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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    A list of the topics included in the Preliminary Decision 
Memorandum is included as 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise subject to the Order is PET film.\6\ The product is 
currently classifiable 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.
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    \6\ See Preliminary Decision Memorandum at 3.
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Preliminary Determination of No Shipments

    Based on U.S. Customs and Border Protection's (CBP) response to 
Commerce's no-shipment inquiry, as well as the no-shipment 
certification provided by SMTC/SSFC,\7\ we

[[Page 41379]]

preliminarily determine that SMTC/SSFC had no shipments and, therefore, 
no reviewable entries of subject merchandise during the POR. Consistent 
with Commerce's practice, we will not rescind the review with respect 
to SMTC/SSFC, but, rather, will complete the review and issue 
appropriate liquidation instructions to CBP based on the final 
results.\8\ For additional information regarding this determination, 
see the Preliminary Decision Memorandum.
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    \7\ In the 2011-2012 administrative review, we treated SMTC and 
SSFC as a single entity for purposes of this order. See Polyethylene 
Terephthalate Film, Sheet, and Strip from Taiwan; Preliminary 
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR 
48651 (August 9, 2013), and accompanying Preliminary Decision 
Memorandum, unchanged in Polyethylene Terephthalate Film, Sheet, and 
Strip from Taiwan: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 11407 (February 28, 2014). We have treated 
SMTC and SSFC as a single entity in all subsequent reviews. There is 
no information on the record of this administrative review that 
would lead Commerce to reconsider that determination. Accordingly, 
we continue to treat SMTC and SSFC as a single entity for purposes 
of this administrative review.
    \8\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2018-2019, 85 
FR 74673 (November 23, 2020), unchanged in Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR 
14311 (March 15, 2021).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (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 these preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margin exists for the period 
July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation................................        0.00
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\9\ 
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.\10\ Interested 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.\11\ Executive summaries should be limited 
to five pages total, including footnotes. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\12\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ 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. 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 briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.
    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 an 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate (i.e., 2.40 
percent) if there is no rate for the intermediate company(ies) involved 
in the transaction.\13\
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    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    If we continue to find in the final results that SMTC/SSFC had no 
shipments of subject merchandise during the POR, we will instruct CBP 
to liquidate any suspended entries that entered under their antidumping 
duty case numbers (i.e., at that exporter's rate) at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash 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 Nan Ya 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

[[Page 41380]]

the merchandise; and (4) the cash deposit rate for all other producers 
or exporters is 2.40 percent.\14\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \14\ See Order.
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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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2023-13520 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P