[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65863-65865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18000]


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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 Rescission of Review, in Part; 2022-2023

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, 2022, through June 30, 
2023. 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 August 13, 2024.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2023, 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 11, 2023, 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, 88 FR 42693 (July 3, 2023).
    \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, 88 FR 62322 (September 11, 2023).
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    On March 27, 2024, 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 until June 
28, 2024.\4\ On June 20, 2024, Commerce extended the preliminary 
results until July 30, 2024.\5\ On July 22, 2024, Commerce tolled 
certain deadlines in this administrative proceeding by seven days.\6\ 
The deadline for the preliminary results is now August 6, 2024.
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 27, 
2024.
    \5\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated June 20, 2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of the 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 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.
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    \7\ 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; 2022-2023'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise subject to the Order is PET film. A complete 
description of the scope of the Order is provided in the Preliminary 
Decision Memorandum.

Preliminary Determination of No Shipments and Preliminary Partial 
Rescission

    On October 6, 2023, Commerce placed U.S. Customs and Border 
Protection (CBP) entry data for U.S. imports of PET film from Taiwan 
during the POR, which showed that SMTC/SSFC \8\ did not make any 
shipments of PET Film during the POR.\9\ Therefore, the record 
demonstrates that SMTC/SSFC had no shipments during the POR. On this 
basis, we are preliminary rescinding the review with respect to SMTC/
SSFC, and will issue appropriate instructions to CBP based on the final 
results of this review.\10\ For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
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    \8\ In the 2011-2012 administrative review, we treated SMTC and 
SSFC as a single entity. 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.
    \9\ See Memorandum, ``Release of U.S. Customs Entry Data for 
Respondent Selection; 2022-2023,'' dated October 6, 2023.
    \10\ We invite interested parties to comment on the preliminary 
rescission.
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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 estimated weighted-average dumping margin exists for the 
period July 1, 2022, through June 30, 2023:

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

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

[[Page 65864]]

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce. A timeline for the submission of case briefs and 
written comments will be notified to parties at a later date. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\11\ 
Interested parties who submit case briefs or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\12\
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    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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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 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Final Results of Review

    Unless 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).

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for the final results.

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 assessment rate 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).\15\ If the weighted-average dumping margin is zero 
or de minimis in the final results of review, or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\16\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \16\ See section 751(a)(2)(C) of the Act.
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    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.\17\
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    \17\ 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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    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). The final results of 
this administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise under review and for 
future cash deposits of estimated antidumping duties, where applicable.

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 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters is 2.40 percent.\18\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \18\ 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

[[Page 65865]]

sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: August 5, 2024.
Scot Fullerton,
Acting 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 and Preliminary 
Rescission of Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-18000 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P