Notice2023-13520
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
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 26, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. The period of review (POR) is July 1, 2021, through June 30, 2022. 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 88 Issue 121 (Monday, June 26, 2023)</title>
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[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41378-41380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13520]
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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; 2021-2022
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 (AD) order on
polyethylene terephthalate film, sheet, and strip (PET Film) from
Taiwan. The period of review (POR) is July 1, 2021, through June 30,
2022. 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 26, 2023.
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, 2022, 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 6, 2022, 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, 87 FR 39461 (July 1, 2022).
\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, 87 FR 54463 (September 6, 2022).
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On March 28, 2023, 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, 2023.\4\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\5\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 28,
2023.
\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; 2021-2022'' 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.\6\ The product is
currently classifiable under subheading 3920.62.00.90 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS number
is provided for convenience and for customs purposes, the written
product description, available in the Preliminary Decision Memorandum,
remains dispositive.
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\6\ See Preliminary Decision Memorandum at 3.
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Preliminary Determination of No Shipments
Based on U.S. Customs and Border Protection's (CBP) response to
Commerce's no-shipment inquiry, as well as the no-shipment
certification provided by SMTC/SSFC,\7\ we
[[Page 41379]]
preliminarily determine that SMTC/SSFC had no shipments and, therefore,
no reviewable entries of 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.\8\ For additional information regarding this determination,
see the Preliminary Decision Memorandum.
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\7\ 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.
\8\ 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).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of 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
Memorandum.
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, 2021, through June 30, 2022:
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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 within
five days after public announcement of the preliminary results.\9\
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 not later than seven days after the date for filing case
briefs.\10\ Interested 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.\11\ Executive summaries should be limited
to five pages total, including footnotes. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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, filed electronically via
ACCESS. 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. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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 in accordance with 19 CFR 351.212(b). 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.
For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 2.40
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\13\
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\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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If we continue to find in the final results that SMTC/SSFC had no
shipments of subject merchandise during the POR, we will instruct CBP
to liquidate any suspended entries that entered under their antidumping
duty case numbers (i.e., at that exporter's rate) at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
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 Nan Ya 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
[[Page 41380]]
the merchandise; and (4) the cash deposit rate for all other producers
or exporters is 2.40 percent.\14\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ 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
351.221(b)(4).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023-13520 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 26, 2023.
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