Notice2023-28027
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review and Final 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
December 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Nan Ya Plastics Corporation (Nan Ya) made no sales of subject merchandise to the United States at less than normal value during the period of review (POR) July 1, 2021, through June 30, 2022. We also continue to find that Shinkong Materials Technology Corporation (SMTC)/Shinkong Synthetic Fibers Corporation (SSFC) had no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 244 (Thursday, December 21, 2023)</title>
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[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88363-88365]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28027]
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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 and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that Nan
Ya Plastics Corporation (Nan Ya) made no sales of subject merchandise
to the United States at less than normal value during the period of
review (POR) July 1, 2021, through June 30, 2022. We also continue to
find that Shinkong Materials Technology Corporation (SMTC)/Shinkong
Synthetic Fibers Corporation (SSFC) had no shipments of subject
merchandise to the United States during the POR.
DATES: Applicable December 21, 2023.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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.
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SUPPLEMENTARY INFORMATION:
Background
On June 26, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ This review covers two
respondents: Nan Ya Plastics Corporation (Nan Ya); and Shinkong
Materials Technology Corporation (SMTC)/Shinkong Synthetic Fibers
Corporation (SSFC). On July 26, 2023, we received a case brief from
DuPont Teijin Films, Mitsubishi Chemical America, Inc.--Polyester Film
Division, and SK Microworks America, Inc. (collectively, the
petitioners).\2\ On August 2, 2023, we received a rebuttal brief from
Nan Ya.\3\ On October 23, 2023, we extended the deadline for these
final results to December 14, 2023.\4\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\5\
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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; 2021-2022, 88
FR 41378 (June 26, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
July 26, 2023 (Petitioners' Case Brief).
\3\ See Nan Ya's Letter, ``Polyethylene Terephthalate (PET) Film
from Taiwan,'' dated August 2, 2023 (Nan Ya's Rebuttal Brief).
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 23, 2023.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ 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).
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The products covered by this Order are polyethylene terephthalate
film, sheet, and strip (PET film) from Taiwan. For a full description
of the scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
We address the issue raised in the case and rebuttal briefs in the
Issues and Decision Memorandum. A list of the issues addressed in the
Issues and Decision Memorandum is included in the appendix to this
notice. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that SMTC and its
affiliate SSFC had no shipments of PET film during the POR, based on a
response of the U.S. Customs and Border Protection (CBP) to Commerce's
no-shipment inquiry, as well as certifications and supporting
documentation provided by SMTC/SSFC.\7\ We received no comments from
any interested party on our preliminary finding. As there is no
information on the record that calls into question the finding in the
Preliminary Results, we continue to find in the final results of this
review that SMTC/SSFC had no shipments of subject merchandise during
the POR.
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\7\ For a full discussion of this determination, see Preliminary
Results PDM.
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Final Results of Review
As a result of this review, Commerce 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
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the Act and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review. Because we calculated a
zero percent 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 antidumping duties. In addition,
as Commerce continues to find that SMTC/SSFC did not have any shipments
of subject merchandise during the POR, we will instruct CBP to
liquidate any suspended entries of subject merchandise associated with
SMTC/SSFC at the all-others rate.
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 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 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 LTFV 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.\8\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\8\ See Order.
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Notification to Importers
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 Commerce's presumption that
reimbursement of antidumping duties
[[Page 88365]]
occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 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 Interested Parties
These results are being issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: December 14, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
Comment: Whether to Rely on Facts Available and Apply an Adverse
Inference Regarding Nan Ya's Cost Reporting
V. Recommendation
[FR Doc. 2023-28027 Filed 12-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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