Notice2022-13771
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
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
June 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through June 30, 2021. This review covers the following producers and exporters from Taiwan: Nan Ya Plastics Corporation (Nan Ya); and 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 87 Issue 123 (Tuesday, June 28, 2022)</title>
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38374-38375]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13771]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through June 30, 2021. This review
covers the following producers and exporters from Taiwan: Nan Ya
Plastics Corporation (Nan Ya); and 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 June 28, 2022.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or 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) 482-3797
or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2021, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the AD
order on PET film from Taiwan.\2\ On September 7, 2021, in accordance
with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation
of an administrative review of the Order.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\2\ 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) (Order).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
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On March 3, 2022, 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 80 days
until June 21, 2022.\4\ For a complete desciription of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\5\
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\4\ See Memorandum, ``Polyethylene terephthalate (PET) film,
sheet, and strip from Taiwan: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 3,
2022.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Polyethylene Terephthalate Film,
Sheet, and Strip from Taiwan; 2020-2021'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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A list of the topics included in the Preliminary Decision
Memorandum is included as the 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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 PDM,
remains dispositive.
Preliminary Determination of No Shipments
Based on U.S. Customs and Border Protection's (CBP) response to
Commerce's no shipment inquiry as well the certifications and
supporting documentation provided by SMTC/SSFC \6\ in its no shipment
certification, we preliminarily determine that SMTC/SSFC 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.\7\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.\8\
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\6\ In the 2011-2012 administrative review, we treated SMTC and
SSFC as a single entity for purposes of this order. 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. 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.
\7\ 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).
\8\ See Preliminary Decision Memorandum.
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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 these preliminary results,
see the Preliminary Decision Meorandum.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
July 1, 2020, through June 30, 2021:
[[Page 38375]]
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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
Commerce intends to disclose its calculations and analysis
performed to interested parties to these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs no 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 no later than
seven days after the date for filing case briefs.\9\ Parties who submit
case 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.\10\
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\9\ See 19 CFR 351.309(d).
\10\ 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, U.S. Department of Commerce,
within 30 days after the publication date 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. If a hearing is requested, Commerce will
notify interested parties of the hearing date and time. Parties should
confirm by telephone the date and time of the hearing two days before
the scheduled hearing date.
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. 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 intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review in the Federal Register. 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).
Cash Deposit Requirements
The following cash 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 producers or exporters is 2.40 percent.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Order.
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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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h)(1).
Dated: June 21, 2022.
Lisa W. Wang,
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. 2022-13771 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 28, 2022.
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