[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