[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22867-22868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9967]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-803]
Polyethylene Terephthalate Film, Sheet, and Strip From the United
Arab Emirates: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 17, 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 the United Arab Emirates. This review covers two producers/
exporters of subject merchandise: JBF RAK LLC (JBF) and FLEX Middle
East FZE (FLEX). Based on the results of our analysis of the comments
received, we have made changes to the preliminary results, which are
discussed below. For the final dumping margins, see the ``Final Results
of Review'' section below.
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT: Andrew Huston 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-
4261 or (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the preliminary results, the following events have taken
place. See Polyethylene Terephthalate Film, Sheet, and Strip From the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 78968 (December 17, 2010) (Preliminary
Results). A sales verification of JBF was conducted from December 12,
2010, through December 16, 2010. See Memorandum to the File,
``Verification of the Sales Response of JBF RAK LLC in the Antidumping
Review of Polyethylene Terephthalate Film Sheet and Strip (PET Film)
from the United Arab Emirates'' (February 17, 2011).\1\ JBF submitted a
timely case brief on February 28, 2011. DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.
filed a timely rebuttal brief on March 8, 2011. We did not receive a
case brief from FLEX.
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\1\ Public versions of all memoranda referenced in this notice
are on file in the Department's Central Records Unit (CRU) in Room
7046 of the main Department of Commerce building.
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Period of Review
The period of review is November 6, 2008, through October 31, 2009.
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed polyethylene terephthalate film, whether extruded or
co-extruded. 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. Also excluded is roller transport cleaning
film which has at least one of its surfaces modified by application of
0.5 micrometers of SBR latex. Tracing and drafting film is also
excluded. PET Film is classifiable under subheading 3920.62.00.90 of
the Harmonized Tariff Schedule of the United States (HTSUS). While
HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope of the order is dispositive.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by parties in
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 the United Arab Emirates: Issues and Decision Memorandum for
the Final Results'' (Decision Memorandum), dated concurrently with, and
herby 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 CRU, 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 JBF. Specifically, we
revised coding in our comparison market SAS program to correct an error
that resulted in different variable cost of manufacturing figures being
used for identical U.S. and home market products.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period of November 6, 2008,
through October 31, 2009:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
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FLEX Middle East FZE.................................... 3.16
JBF RAK LLC............................................. 4.88
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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 Flex and JBF. 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 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 Flex or JBF 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 4.80 percent from the investigation if there is
no rate for the intermediate company(ies) involved in the transaction.
See Polyethylene
[[Page 22868]]
Terephthalate Film, Sheet, and Strip from the United Arab Emirates:
Final Determination of Sales at Less Than Fair Value, 73 FR 55036
(September 24, 2008) (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 Tariff Act of 1930,
as amended (the Act): (1) For the companies covered by this review, the
cash deposit rate will be the rates listed above in the section ``Final
Results of Review;'' (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 4.80 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 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.
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.
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: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Sample Transactions
Comment 2: Values Reported for Average Cost of Manufacturing
Comment 3: Transactions Outside the Ordinary Course of Trade
Comment 4: Matching Criteria
Comment 5: Zeroing
[FR Doc. 2011-9967 Filed 4-22-11; 8:45 am]
BILLING CODE 3510-DS-P