[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:
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Weighted-
Manufacturer/exporter average margin
(percent)
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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