[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9745-9747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 16, 2010, the Department of Commerce (the
Department) published the preliminary results of administrative review
of the antidumping duty order on polyethylene terephthalate film (PET
Film) from Taiwan. See Polyethylene Terephthalate Film, Sheet, and
Strip From Taiwan: Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 49902 (August 16, 2010) (Preliminary
Results). The review was requested by DuPont Teijin Films, Mitsubishi
Polyester Film of America, SKC, Inc., and Toray Plastics (America),
Inc. (collectively, Petitioners). This review covers the following
producers/exporters of the subject merchandise: Nan Ya Plastics
Corporation, Ltd. (Nan Ya), and Shinkong Synthetic Fibers Corporation
(SSFC) and Shinkong Materials Technology Co., Ltd. (SMTC)
(collectively, Shinkong). The period of review (POR) is July 1, 2008,
through June 30, 2009. Based on the results of our analysis of the
comments received, we have made changes to the preliminary results,
which are discussed in the ``Changes Since the Preliminary Results''
section, below. For the final dumping margins, see the ``Final Results
of Review'' section, below.
DATES: Effective Date: February 22, 2011.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Jun Jack Zhao, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 428-
3586 or (202) 428-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2010, the Department published in the Federal
Register the Preliminary Results. In the Preliminary Results, the
Department preliminarily determined that, pursuant to 19 CFR
351.401(f), SSFC and SMTC should be treated as a single entity for
purposes of calculating an antidumping margin. The Department also
found that despite the passing of a single family member, Nan Ya was
still affiliated with three U.S. customers through a family grouping.
Subsequent to the publication of the Preliminary Results, these
affiliated U.S. customers submitted revised sales datasets, as
requested by the Department, to correct information regarding their
reported product matching information, and to correct problems
preventing the accurate consolidation of their sales data with Nan Ya's
datasets. As a result, Nan Ya's margin has changed for these final
results.
On December 10, 2010, the Department extended the deadline for
issuing the final results until no later than February 14, 2011. See
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Extension of Time Limit for Final Results of the Antidumping Duty
Administrative Review, 75 FR 76954 (December 10, 2010).
On December 22, 2010, the Department determined that amorphous
polyethylene terephthalate (APET) film products that are not biaxially-
oriented, such as the APET products produced by Nan Ya, are not covered
by the scope of the antidumping order on PET Film from Taiwan. See
Memorandum from Barbara E. Tillman, Director, AD/CVD Operations, Office
6, to Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ``Polyethylene Terephthalate Film,
Sheet, and Strip from Taiwan: Final Scope Ruling on Amorphous
Polyethylene Terephthalate Film,'' December 22, 2010 (Scope
Memorandum). The Department reached this conclusion after analyzing
findings of the U.S. International Trade Commission regarding the
delimiting nature of biaxial-orientation as a product characteristic of
subject PET Film, as well as the Department's previous determination
that biaxially-oriented APET is not within the scope of the antidumping
duty (AD) order on PET Film from the People's Republic of China (PRC),
for which the scope is essentially identical to the scope in the
subject case, except for language excluding Roller transport cleaning
film, and tracing and drafting film from the PRC AD order. See
Memorandum to John M. Andersen, ``Polyethylene Terephthalate Film,
Sheet, and Strip from the People's Republic of China: Final Scope
Ruling on Amorphous Polyethylene Terephthalate Sheet, Glycol-modified
Polyethylene Terephthalate Sheet, and Co-extruded Amorphous
Polyethylene Terephthalate Sheet with Glycol-modified Polyethylene
Terephthalate Sheets on the Outer Surfaces,'' January 7, 2010. As we
noted in the Scope Memorandum, the exclusionary language referenced
above was not relevant to the scope ruling with respect to the instant
proceeding. Both Nan Ya and Shinkong informed the Department that they
did not report sales of any merchandise within the scope ruling. Thus,
no adjustments were needed to the Preliminary Results as a result of
the scope ruling for either company.
The Department noted in the Preliminary Results that additional
supplemental questions regarding quarterly cost information had been
issued to both Nan Ya and Shinkong to determine whether it was
appropriate to use shorter cost averaging periods in calculating cost
of production and constructed value. After reviewing responses to these
questionnaires, on December 23, 2010, the Department issued post-
preliminary results of review and determined that the use of an
alternative cost averaging methodology (i.e., quarterly cost) was not
warranted. Thus, the post-preliminary results of review resulted in no
changes to either respondent's AD margin. See Memorandum from Mark
Hoadley, Program Manager, Office 6, to Christian Marsh, Acting Deputy
Assistant Secretary for Import Administration, ``2008-2009
Administrative Review of the Antidumping Duty Order on Polyethylene
Terephthalate (PET) Film from Taiwan: Post-Preliminary Analysis and
Calculation Memorandum for Nan Ya Plastics Corporation, Ltd. (Nan Ya)
and Shinkong Synthetic Fibers Corporation (Shinkong)'' (Post-
Preliminary Analysis Memorandum), December 23, 2010.
With the release of the Post-Preliminary Analysis Memorandum, the
Department notified interested parties that they were to file their
case briefs with the Department by January 7, 2011, and rebuttal briefs
were to be filed by January 13, 2011, in accordance with 19 CFR
351.309(d)(1). See Memorandum from Gene Calvert, International Trade
Compliance Analyst, AD/CVD Operations, Office 6 to All Interested
Parties, ``Deadlines for the Submission of Case Briefs and Rebuttal
Briefs for the
[[Page 9746]]
Final Results in the Administrative Review,'' December 27, 2010. The
Department received a timely case brief on January 7, 2011 from
Petitioners raising certain issues with regard to Shinkong. Shinkong
filed a rebuttal brief with the Department on January 13, 2011. Based
on our analysis of the comments received, the weighted average margin
for Shinkong has changed from the calculated margin in the Preliminary
Results.
Period of Review
The POR is July 1, 2008, through June 30, 2009.
Scope of the Order
The products covered by the antidumping order are all gauges of
raw, pretreated, or primed polyethylene terephthalate film, whether
extruded or coextruded. Excluded are metallized films and other
finished films that have had at least one of their surfaces modified by
the application of a performance-enhancing resinous or inorganic layer
more than 0.00001 inches thick. Imports of PET Film are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number 3920.62.00. HTSUS subheadings are provided
for convenience and customs purposes. The written description of the
scope of this proceeding is dispositive.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration, ``Antidumping Duty
Administrative Review of Polyethylene Terephthalate Film, Sheet, and
Strip from Taiwan: Issues and Decision Memorandum for the Final
Results'' (Decision Memorandum), dated concurrently with this notice,
which is hereby adopted by this notice. A list of the issues addressed
in the Decision Memorandum is appended to this notice. The Decision
Memorandum is on file in the Department's Central Records Unit (Room
7046 in the main Department of Commerce building), and can be accessed
directly on the Internet at http://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
adjustments to our margin calculations for Shinkong. Specifically, we
have recalculated Shinkong's general and administrative (G&A) expenses,
including certain costs associated with the sale of supplies, and
excluding packing costs. We have also altered the manner in which we
combined the G&A expenses of SSFC and SMTC (i.e., the two companies
collapsed to form ``Shinkong''). Finally, we limited Shinkong's sales
date to no later than shipment date. These adjustments are discussed in
detail in the Decision Memorandum referenced above.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period of July 1, 2008, through
June 30, 2009:
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/exporter Margin
(percent)
------------------------------------------------------------------------
Nan Ya Plastics Corporation, Ltd............................ 20.76
Shinkong Synthetic Fibers Corporation and Shinkong Materials 6.38
Technology Co., Ltd........................................
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. We will instruct CBP to liquidate entries of merchandise
produced and/or exported by Nan Ya and Shinkong. For assessment
purposes, where the respondents reported the entered value for their
sales, we calculated importer-specific (or customer-specific) ad
valorem assessment rates based on the ratio of the total amount of the
dumping duties calculated for the examined sales to the total entered
value of those same sales. See 19 CFR 351.212(b). However, where the
respondents did not report the entered value for their sales, we will
calculate importer-specific (or customer-specific) per unit duty
assessment rates. The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after the date of
publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by the companies included in these final results of review
for which the reviewed companies did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate non-reviewed entries at the all-others rate of 2.40
percent from the investigation if there is no rate for the intermediate
company(ies) involved in the transaction. 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) (Investigation
Final Determination).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Act: (1) For the
companies covered by this review, the cash deposit rate will be the
rates listed above; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a previous segment
of this proceeding, the cash deposit rate will continue to be the
company-specific rate published in the most recent final results in
which that producer or exporter participated; (3) if the exporter is
not a firm covered in this review or in any previous segment of this
proceeding, but the producer is, the cash deposit rate will be that
established for the producer of the merchandise in these final results
of review or in the most recent final results in which that producer
participated; and, (4) if neither the exporter nor the producer is a
firm covered in this review or in any previous segment of this
proceeding, the cash deposit rate will be 2.40 percent, the all-others
rate established in the less than fair value investigation. See
Investigation Final Determination. These deposit requirements shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
[[Page 9747]]
Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues in Decision Memorandum Polyethylene Terephthalate
Film, Sheet, and Strip From Taiwan Final Results of Antidumping Duty
Administrative Review for the Period: 07/01/2008-06/30/2009
Comment 1: Shinkong's Cost Data do not Account for the Physical
Characteristics of the Subject Merchandise
Comment 2: Shinkong Understates its Adjustment for General and
Administrative Expenses
Comment 3: The Date of Sale for Shinkong's U.S. Sales
[FR Doc. 2011-3892 Filed 2-18-11; 8:45 am]
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