Notice2021-16398
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. The period of review (POR) is July 1, 2019, through June 30, 2020. This review covers the following producers and exporters from Taiwan, Nan Ya Plastics Corporation (Nan Ya), 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.
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41443-41445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16398]
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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; 2019-2020
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 order on polyethylene
terephthalate film, sheet, and strip (PET Film) from Taiwan. The period
of review (POR) is July 1, 2019, through June 30, 2020. This review
covers the following producers and exporters from Taiwan, Nan Ya
Plastics Corporation (Nan Ya), 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 2, 2021.
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, 2020, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the AD
order on PET film from Taiwan.\1\ On July 27, 2020, Polyplex USA LLC
(Polyplex USA), a domestic producer and interested party, requested a
review of Nan Ya, SMTC and SSFC.\2\ On July 30, 2020, the petitioners
\3\ requested a review of Nan Ya and SMTC.\4\ Nan Ya self-requested an
administrative review of its sales on July 31, 2020.\5\ On September 3,
2020, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a
notice of initiation of administrative review of the antidumping duty
order on PET Film from Taiwan.\6\ On December 2, 2020, Polyplex USA
withdrew its request for an administrative review of entries of PET
film for all of the companies that it requested be reviewed in this
administrative review period: Nan Ya, SSFC and SMTC.\7\
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\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 39531 (July 1, 2020).
\2\ See Polyplex USA LLC's Letter, ``Polyethylene Terephthalate
(`PET') Film from Taiwan: Polyplex USA LLC's Request for AD
Administrative Review,'' dated July 27, 2020.
\3\ The petitioners consist of DuPont Teijin Films; Mitsubishi
Polyester Film, Inc.; and SKC, Inc. (petitioners).
\4\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film from Taiwan: Request for Antidumping Duty Administrative
Review,'' dated July 30, 2020.
\5\ See Nan Ya Plastics Corporation's Letter, ``Polyethylene
Terephthalate (PET) Film from Taiwan,'' dated July 31, 2020.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\7\ See Polyplex USA LLC's Letter, ``Polyethylene Terephthalate
('PET') Film from Taiwan: Polyplex USA LLC's Withdrawal of Request
for Review for Polyplex USA LLC,'' dated December 2, 2020.
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On September 30, 2020, SMTC and SSFC each claimed that they did not
sell or export any subject merchandise to the United States during the
POR.\8\ On November 24, 2020, Commerce uploaded entry data on the
record of the administrative review.\9\ On December 1, 2020, SMTC
submitted comments explaining and documentation showing that neither
SMTC nor SSFC had produced subject merchandise during the POR or three
months prior to the POR.\10\ No rebuttal comments were submitted. On
January 7, 2021, Commerce sent a no shipment inquiry for SMTC and SSFC
to U.S Customs and Border Protection (CBP).\11\ On June 7, 2021, CBP
replied that it found no evidence of shipments from SMTC and SSFC
during the POR.\12\
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\8\ See SMTC's Letter, ``Polyethylene Terephthalate Film, Sheet
and Strip from Taiwan; No Shipment Certification,'' dated September
30, 2020; see also SSFC's Letter, ``Polyethylene Terephthalate Film,
Sheet and Strip from Taiwan; No Shipment Certification,'' dated
September 30, 2020.
\9\ See Memorandum, ``Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet and Strip (PET Film) from
Taiwan: U.S. Customs Entries for Shinkong Materials Technology
Corporation and Shinkong Synthetic Fibers Corporation,'' dated
November 24, 2020.
\10\ See SMTC's Letter, ``Polyethylene Terephthalate Film,
Sheet, and Strip from Taiwan; Comments on Entry Data,'' dated
December 1, 2020.
\11\ See Message 1008401 to CBP, dated January 8, 2021.
\12\ See Memorandum, ``Polyethylene terephthalate film, sheet,
and strip (PET Film) from Taiwan; No Shipment Inquiry for Shinkong
Materials Technical Corporation and/or Shinkong Synthetic Fibers
Corporation During the Period 07/01/2019 through 06/30/2020,'' dated
June 7, 2021.
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On December 11, 2020, Commerce issued its initial questionnaire to
Nan Ya.\13\ Between January 4, 2021 and January 21, 2021,\14\ Nan Ya
submitted its responses to section A and sections B through D of the
questionnaire. On June 16, 2021, Commerce issued a supplemental
questionnaire to Nan Ya.\15\ On June 30, 2021, Nan Ya submitted its
supplemental questionnaire response.\16\
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\13\ See Commerce's Letter, Antidumping Duty Questionnaire,
dated December 11, 2020.
\14\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET)
Film from Taiwan,'' dated January 4, 2021; see also Nan Ya's Letter,
``January 21, 2021 Sections B through Q Response,'' dated January
21, 2021.
\15\ See Commerce's Letter, Antidumping Duty Questionnaire,
dated June 16, 2021.
\16\ See Nan Ya's Letter, ``June 30, 2021 Supplemental
Questionnaire Response,'' dated June 30, 2021.
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On March 25, 2021, 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 by 60 days
(from April 2, 2020, to June 2, 2021).\17\ On June 1, 2021, we extended
the deadline by an additional 30 days.\18\ On July 2, 2021, we extended
the deadline until July 30, 2021.\19\
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\17\ See Memorandum, ``Polyethylene Terephthalate (PET) Film,
Sheet and Strip from Taiwan: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review (2019-2020),''
dated March 25, 2021.
\18\ See Memorandum ``Polyethylene Terephthalate (PET) Film,
Sheet and Strip from Taiwan: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review (2019-2020),''
dated June 1, 2021.
\19\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and
Strip from Taiwan: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2019-2020),'' dated July 2,
2021.
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Scope of the Order
The merchandise subject to the order is PET Film. The PET Film
subject to
[[Page 41444]]
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.\20\
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\20\ A full description of the scope of the order is contained
in the Preliminary Decision Memorandum, which is dated concurrently
with, and hereby adopted by, this notice.
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Preliminary Determination of No Shipments
Based on U.S. Customs and Border Protection (CBP)'s response to
Commerce's no shipment inquiry as well the certifications and
supporting documentation provided by SMTC and SSFC in their no shipment
certifications, we preliminarily determine that SMTC and SSFC \21\ had
no shipments of the subject merchandise during the POR. Consistent with
Commerce's practice, we will not rescind the review with respect to
SMTC/SSFC, but rather will complete the review and issue appropriate
liquidation instructions to CBP based on the final results.\22\ For
additional information regarding this determination, see the No
Shipments' Determination for SMTC and SSFC Memorandum.\23\
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\21\ In the 2011-2012 administrative review, Commerce determined
that SSFC and SMTC were 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 and have
included SSFC when only SMTC was requested in the administrative
review. 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.
\22\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2018-2019, 85
FR 74673 (November 23, 2020), unchanged in Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR
14311 (March 15, 2021).
\23\ See Memorandum, ``No Shipments' Memorandum for Shinkong
Materials Corporation (SMTC) and Shinkong Synthetic Fibers
Corporation (SSFC),'' dated concurrently with this notice.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (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
<a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for the period July 1, 2019,
through June 30, 2020:
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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.\24\
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.\25\
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\24\ See 19 CFR 351.309(d).
\25\ 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 Acting
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS. An electronically filed document 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. 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. 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 U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. 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.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\26\ This clarification applies to 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. In such
instances, 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.
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\26\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy
Notice).
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Commerce intends to issue assessment instructions to CBP 35 days
after the date of publication of the final results of this
administrative review in the Federal Register.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from Taiwan entered, or withdrawn from warehouse,
for
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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.\27\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\27\ 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).
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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: July 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
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/SSFC
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-16398 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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