Notice2022-01599
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review; 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
January 27, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 2, 2021, the Department of Commerce (Commerce) published the preliminary results of the 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. We received no comments or requests for a hearing. We continue to find that sales of subject merchandise by Nan Ya Plastics Corporation (Nan Ya) were not made at less than normal value during the POR. We also continue to find that Shinkong Materials Technology Corporation (SMTC) had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4196-4197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01599]
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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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 2, 2021, the Department of Commerce (Commerce)
published the preliminary results of the 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. We received no comments or requests for a
hearing. We continue to find that sales of subject merchandise by Nan
Ya Plastics Corporation (Nan Ya) were not made at less than normal
value during the POR. We also continue to find that Shinkong Materials
Technology Corporation (SMTC) had no shipments of subject merchandise
during the POR.
DATES: Applicable January 27, 2022.
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 August 2, 2021, Commerce published the preliminary results for
this administrative review.\1\ On August 25, 2021, we issued a
supplemental questionnaire to Nan Ya.\2\ The petitioners \3\ requested
an extension of the briefing schedule on August 25, 2021.\4\ On August
27, 2021, we notified parties that we would reset the deadlines to
submit case briefs at a later date.\5\ On September 2, 2021, Nan Ya
submitted its response to our supplemental questionnaire.\6\ On
November 15, 2021, Commerce extended the deadline for these final
results to January 28, 2022.\7\ Commerce established the revised
deadlines for the briefing schedule on November 23, 2021.\8\ No
interested party submitted comments or requested a hearing in this
administrative review. Commerce conducted this administrative review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2019-2020, 86
FR 41443 (August 2, 2021) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Commerce's Letter, ``2019-2020 Administrative Review of
the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet
and Strip (PET Film): Supplemental Questionnaire,'' dated August 25,
2021.
\3\ The petitioners are DuPont Teijin Films; Mitsubishi
Polyester Film, Inc.; and SKC, Inc.
\4\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from Taiwan: Request for Extension of
Briefing Schedule,'' dated August 25, 2021.
\5\ See Memorandum, Extending Briefing Schedule, ``2019-2020
Antidumping Duty Administrative Review of Polyethylene Terephthalate
(PET) Film, Sheet and Strip from Taiwan,'' dated August 27, 2021.
\6\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from Taiwan: Supplemental Questionnaire
Response,'' dated September 2, 2021 (Nan Ya's SQR).
\7\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Polyethylene Terephthalate (PET) Film, Sheet, and Strip
from Taiwan,'' dated November 15, 2021.
\8\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet,
and Strip (PET Film) from Taiwan- Briefing,'' dated November 23,
2021.
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Scope of the Order.<SUP>9</SUP>
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\9\ 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 at 46566 (July 15, 2002) (Order).
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The products covered by the Order are all gauges of raw,
pretreated, or primed PET film, whether extruded or coextruded.
Excluded are metalized 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 of more than 0.00001
inches thick. Imports of polyethylene terephthalate film, sheet, and
strip are currently classifiable in the Harmonized Tariff Schedule of
the United States (HTSUS) under item number 3920.62.00.90. HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of the Order is dispositive.
Final Determination of No Shipments
Because we received no comments on the Preliminary Results, we have
made no changes to the preliminary
[[Page 4197]]
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 Corporation, we
continue to determine that SMTC had no shipments of the subject
merchandise during the POR.\10\
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\10\ For a full discussion of this determination, see
Preliminary Results PDM.
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Final Results of Review
As noted above, Commerce received no comments concerning the
Preliminary Results. Nan Ya submitted values for U.S. inventory
carrying costs, which had been inadvertently omitted in its prior
filings.\11\ We incorporated these corrections into these final results
\12\ and continue to find that sales of subject merchandise by Nan Ya
were not made at less than normal value during the POR. Accordingly, no
decision memorandum accompanies this Federal Register notice. For
further details of the issues addressed in this proceeding, see the
Preliminary Results and the accompanying Preliminary Decision
Memorandum.\13\ The final weighted-average dumping margin for the
period July 1, 2019, through June 30, 2020, for Nan Ya is as follows:
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\11\ See Nan Ya's SQR at 7.
\12\ See Memorandum, ``Nan Ya's Final Analysis Memorandum,''
dated concurrently with the signature of this Federal Register
notice.
\13\ See Preliminary Results PDM.
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Weighted-
average
Producer/exporter margin
(percent)
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Nan Ya Plastics Corporation................................. 0.00
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Assessment Rates
Commerce has determined, and CBP shall assess, antidumping duties
on all appropriate entries in this review, in accordance with section
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to
issue appropriate assessment instructions directly to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication). Because we calculated a zero margin in the final results
of this review for Nan Ya, in accordance with 19 CFR 351.212, we will
instruct CBP to liquidate the appropriate entries without regard to
dumping duties.\14\
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\14\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit
rate for Nan Ya will be zero, the rate established in the final results
of this review; (2) for previously reviewed or investigated companies
not covered in this review, 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 or any previous review or in
the original less-than-fair-value (LTFV) 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)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review or the investigation, the cash-deposit rate will
continue to be the all-others rate of 2.40 percent, which is the all-
others rate established by Commerce in the LTFV investigation.\15\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\15\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film), 67 FR at 44174,
44175 (July 1, 2002), unchanged in Order; see also Notice of Final
Determination of Sales at Less Than Fair Value: Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan, 67 FR
35474 (May 20, 2002).
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Disclosure
Commerce will disclose to interested parties the calculations
performed in connection with the final results within five days of the
date of publication of the notice of final results in the Federal
Register, in accordance with 19 CFR 351.224(b).
Reimbursement of Duties
This notice also serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.221(b)(5).
Dated: January 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-01599 Filed 1-26-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 27, 2022.
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