Federal Register - August 2, 2021
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Source: Federal Register
41444
Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices
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 Preliminary Decision Memorandum, remains dispositive.20
Preliminary Determination of No Shipments Based on U.S. Customs and Border Protection CBPs response to Commerces no shipment inquiry as well the certifications and supporting documentation provided by SMTC and SSFC in their no shipment certifications, we preliminarily determine that SMTC and SSFC 21 had no shipments of the subject merchandise during the POR. Consistent with Commerces 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.22 For additional information regarding this determination, see the No Shipments Determination for SMTC and SSFC
Memorandum.23
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Methodology Commerce is conducting this review in accordance with section 751a2 of the Tariff Act of 1930, as amended the Act. Export price is calculated in 20 A full description of the scope of the order is contained in the Preliminary Decision Memorandum, which is dated concurrently with, and hereby adopted by, this notice.
21 In the 20112012 administrative review, Commerce determined that SSFC and SMTC were a single entity. See Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan; Preliminary Results of Antidumping Duty Administrative Review; 20112012, 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; 20112012, 79 FR 11407 February 28, 2014. We have treated SMTC and SSFC as a single entity in all subsequent reviews and have included SSFC when only SMTC was requested in the administrative review. 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.
22 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.
23 See Memorandum, No Shipments Memorandum for Shinkong Materials Corporation SMTC and Shinkong Synthetic Fibers Corporation SSFC, dated concurrently with this notice.
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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 our conclusions, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS.
ACCESS is available to registered users at http access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http
enforcement.trade.gov/frn/index.html.
Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margin for the period July 1, 2019, through June 30, 2020:
Producer/exporter
Weightedaverage dumping margin percent
Nan Ya Plastics Corporation
0.00
Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results in accordance with 19 CFR
351.224b. Pursuant to 19 CFR
351.309c, interested parties may submit case briefs not 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.24 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.25
Pursuant to 19 CFR 351.310c, interested parties who wish to request a hearing, must submit a written request to the Acting Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by 19 CFR 351.309d.
25 See 19 CFR 351.303 for general filing requirements.
PO 00000
24 See
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Commerces electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: 1
The partys 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. 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 751a3A of the Act.
Assessment Rates Upon completion of this administrative review, Commerce shall determine and U.S. Customs and Border Protection CBP shall assess antidumping duties on all appropriate entries. If a respondents weightedaverage 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 importers examined sales and the total entered value of such sales in accordance with 19 CFR
351.212b1. Where either the respondents weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106c, 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 clarified its automatic assessment regulation on May 6, 2003.26 This clarification applies to entries of subject merchandise during the POR produced by a respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate companyies involved in the transaction.
Commerce intends to issue assessment instructions to CBP 35 days after the date of publication of the final results of this administrative review in the Federal Register.
Cash Deposit Requirements The following deposit requirements will be effective for all shipments of PET Film from Taiwan entered, or withdrawn from warehouse, for 26 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
May 6, 2003 Assessment Policy Notice.
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