[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59355-59356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24044]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824, A-583-837]
Polyethylene Terephthalate Film, Sheet and Strip From India and
Taiwan: Final Results of the Expedited Third Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, Commerce finds
that revocation of the antidumping duty orders would be likely to lead
to the continuation or recurrence of dumping at the levels indicated in
the ``Final Results of Review'' section of this notice.
DATES: Applicable November 4, 2019.
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 July 1, 2019, Commerce published the notice of initiation of the
third sunset reviews of the antidumping duty orders on polyethylene
terephthalate film, sheet, and strip (PET Film) from India and Taiwan
\1\ pursuant to section 751(c) of the Act.\2\ On July 11, 2019, and
July 16, 2019, Commerce received notices of intent to participate from
the petitioners \3\ and Terphane LLC (Terphane), respectively.\4\ Each
filing was timely submitted within the 15-day deadline specified in 19
CFR 351.218(d)(1)(i). The petitioners and Terphane each claimed
interested party status under section 771(9)(C) of the Act as a
producer of PET Film in the United States.
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\1\ 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 from India, 67 FR
44175 (July 1, 2002) (Antidumping Duty Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 31304
(July 1 2019).
\3\ The petitioners are DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., and SKC, Inc.
\4\ See Petitioners' Letters, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from India: Notice of Intent to Participate
in Sunset Review,'' dated July 11; 2019; and ``Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from Taiwan: Notice of
Intent to Participate in Sunset Review, ``dated July 11, 2019;
Terphane's Letter, ``Five-Year (``Sunset'') Review of Antidumping
Order on Polyethylene Terephthalate (PET) Film, Sheet, And Strip
from India: Notice of Intent to Participate,'' dated July 16,
2019;'' see also Terphane's Letter, ``Five-Year (``Sunset'') Review
of Antidumping Order on Polyethylene Terephthalate (PET) Film,
Sheet, And Strip from Taiwan: Notice of Intent to Participate,''
dated July 16, 2019.
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On July 31, 2019, Commerce received adequate substantive responses
to the notice of initiation from the petitioners as well as from
Terphane, a manufacturer of domestic like product, within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ On July 31, 2019,
Polyplex USA LLC, (Polyplex USA), a domestic interested party, filed a
notice of appearance and a substantive response.\6\ We received no
substantive responses from respondent interested parties with respect
to either of the orders covered by these sunset reviews.
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\5\ See Petitioners' Letters, Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from India: Substantive Response to the
Notice of Initiation,'' dated July 31, 2019 (Petitioners' India
Substantive Response); and, Polyethylene Terephthalate (PET) Film,
Sheet, and Strip from Taiwan: Substantive Response to the Notice of
Initiation,'' dated July 31, 2019 (Petitioners' Taiwan Substantive
Response); see alsoTerphane's Letter, ``Five-Year (``Sunset'')
Review of Antidumping Orders on Polyethylene Terephthalate (PET)
Film, Sheet, And Strip from India And Taiwan, and Countervailing
Duty Order on PET Film, Sheet, And Strip from India: Terphane's
Substantive Response, '' dated July 31, 2019 (Terphane's Substantive
Response).
\6\ See Polyplex USA LLC's notice of appearance, dated July 31,
2019; see also Polyplex USA LLC's Letter, ``Polyethylene
Terephthalate (PET) Film from India and Taiwan: Response to the
Notice of Initiation of Five-Year (Sunset) Reviews and Support for
Continuation of the Orders,'' dated July 31, 2019.
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On September 3, 2019, Commerce notified the U.S. International
Trade
[[Page 59356]]
Commission that it did not receive an adequate substantive response
from respondent interested parties.\7\ As a result, pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is conducting expedited (120-day)
sunset reviews of the antidumping duty orders on PET Film from India
and Taiwan.
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\7\ See Commerce's Letter, ``Sunset Reviews Initiated on July 1,
2019,'' dated September 3, 2019.
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Scope of the Orders
The products covered by this Order is PET Film and is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number 3920.62.00.90. A full description of the
scope of the Order is contained in the accompanying Issues and Decision
Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Third Sunset Reviews of the Antidumping Duty Orders on
Polyethylene Terephthalate Film, Sheet and Strip from India and
Taiwan,'' dated concurrently with this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received \9\
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\9\ 19 CFR 351.218(d)(1)(i) states that where a domestic
interested party intends to participate in a sunset review, it must
file a notice of intent to participate with Commerce within 15 days
after the publications of the notice of initiation. As noted above,
Polyplex USA untimely filed its notice of appearance on July 31,
2019. 19 CFR 351.218(d)(1)(iii)(A) states that Commerce will not
accept or consider any unsolicited submissions from that party
during the course of the review. Accordingly, we have not considered
Polyplex USA's submissions.
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All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum,\10\ which is hereby adopted by this
notice. The issues discussed in the Issues and Decision Memorandum are
the likelihood of continuation or recurrence of dumping and the
magnitude of the dumping margin likely to prevail if the orders were
revoked. 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 http://access.trade.gov, and
to all in the Central Records Unit, Room B8024 of the main Commerce
building. A list of topics discussed in the Issues and Decision
Memorandum is included as an Appendix to this notice. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at http://enforcement.trade.gov/frn. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
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\10\ See Issues and Decision Memorandum.
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Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the antidumping duty orders on
PET Film from India and Taiwan would be likely to lead to the
continuation or recurrence of dumping at weighted-average dumping
margins up to 24.10 percent for India and 8.99 percent for Taiwan.
Notification to Interested Parties
This notice also serves as the only 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: October 29, 2019.
Christian Marsh,
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 Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2019-24044 Filed 11-1-19; 8:45 am]
BILLING CODE 3510-DS-P