Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results and Preliminary Intent To Rescind, In Part, of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Nan Ya Plastics Corporation (Nan Ya) made sales of polyethylene terephthalate film, sheet, and strip (PET film) from Taiwan, at less than normal value (NV) during the period of review (POR) July 1, 2023, through June 30, 2024. Further, we preliminarily find that Shinkong Materials Technology Corporation (SMTC) and Shinkong Synthetic Fiber Corporation (SSFC), which we consider to be a single entity (SMTC/SSFC), had no reviewable entries during the POR. Interested parties are invited to comment on the preliminary results of this review.
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<title>Federal Register, Volume 90 Issue 190 (Friday, October 3, 2025)</title>
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[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Notices]
[Pages 48041-48043]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19412]
[[Page 48041]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-837]
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan:
Preliminary Results and Preliminary Intent To Rescind, In Part, of
Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Nan Ya Plastics Corporation (Nan Ya) made sales of
polyethylene terephthalate film, sheet, and strip (PET film) from
Taiwan, at less than normal value (NV) during the period of review
(POR) July 1, 2023, through June 30, 2024. Further, we preliminarily
find that Shinkong Materials Technology Corporation (SMTC) and Shinkong
Synthetic Fiber Corporation (SSFC), which we consider to be a single
entity (SMTC/SSFC), had no reviewable entries during the POR.
Interested parties are invited to comment on the preliminary results of
this review.
DATES: Applicable October 3, 2025.
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.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2024, 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 August 14, 2024, in accordance
with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation
of an administrative review of the Order.\3\ On December 9, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
90 days.\4\ On June 25, 2025, 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 deadline to issue the preliminary
results by 90 days, until September 29, 2025.\5\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\ A list of the topics
included in the Preliminary Decision Memorandum is included as an
appendix to this notice.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 54437 (July 1,
2024).
\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, 89 FR 66035 (August 14, 2024).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 25,
2025.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; 2023-
2024'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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. A complete
description of the scope of the Order is provided in the Preliminary
Decision Memorandum.
Preliminary Intent To Rescind Review, In Part
On September 27, 2024, Commerce placed U.S. Customs and Border
Protection (CBP) entry data for U.S. imports of PET film from Taiwan
during the POR, which showed that SMTC/SSFC \7\ did not make any
shipments of PET Film during the POR.\8\ No party commented on the CBP
data. Therefore, the record demonstrates that SMTC/SSFC had no
suspended entries during the POR. On this basis, we intend to rescind
the review with respect to SMTC/SSFC in accordance with 19 CFR
351.213(d)(3).
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\7\ In the 2011-2012 administrative review, we treated SMTC and
SSFC as 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. 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 Memorandum, ``Release of Customs Entry Data,'' dated
September 27, 2024.
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In the absence of any suspended entries of subject merchandise from
SMTC/SSFC during the POR, Commerce hereby notifies all interested
parties of its intent to rescind this administrative review with
respect to SMTC/SSFC. Commerce is providing interested parties with an
opportunity to submit comments on this preliminary decision, including
factual information. Comments, including factual information from
interested parties, are due to Commerce seven calendar days after the
publication date of this notice. Rebuttal comments, including rebuttal
factual information, are due seven calendar days thereafter. In
accordance with 19 CFR 351.303, all submissions must be filed
electronically in ACCESS.
Methodology
Commerce is conducting this review in accordance with section
751(a) 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 estimated weighted-average dumping margin exists for the
period July 1, 2023, through June 30, 2024:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Nan Ya Plastics Corporation................................ 1.06
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties under administrative protective order
for 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
[[Page 48042]]
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\9\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\10\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\9\ See 19 CFR 351.309(d)(1); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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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. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 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. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\13\
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\13\ See 19 CFR 351.310(c).
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Final Results of Review
Unless extended, 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 in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 Nan Ya'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 assessment rate 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).\14\ If the weighted-average dumping margin is zero or de
minimis in the final results of review, or an importer-specific rate is
zero or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by this review and for future deposits
of estimated duties, where applicable.\15\
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\15\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by Nan
Ya 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) \16\ if there is no rate for
the intermediate company(ies) involved in the transaction.\17\
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\16\ 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 44175 (July 1, 2002), unchanged in 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 {sic{time} , 67 FR at
46566 (July 15, 2002).
\17\ 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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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). The final results of
this administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future cash deposits of estimated antidumping duties, where applicable.
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
the merchandise; and (4) the cash deposit rate for all other producers
or exporters is 2.40 percent.\18\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\18\ 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
[[Page 48043]]
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: September 29, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 and Preliminary
Rescission of Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-19412 Filed 10-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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