80 FR 11160 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 40 (March 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11160-11161 | |
| FR Document | 2015-04273 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Notices] [Pages 11160-11161] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04273] [[Page 11160]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) published its preliminary results of the administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from India on August 25, 2014.\1\ The period of review is July 1, 2012, through June 30, 2013. This review covers respondents Jindal Poly Films Limited (Jindal) and SRF Limited (SRF). For the final results, we continue to find that Jindal did, and that SRF did not, make sales of subject merchandise at less than normal value. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2012-2013, 79 FR 50620 (August 25, 2014) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: March 2, 2015. FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2371. SUPPLEMENTARY INFORMATION: Background On August 25, 2014, the Department published the Preliminary Results. We invited interested parties to comment on the Preliminary Results. Jindal submitted a case brief on October 1, 2014. SRF submitted a letter in lieu of a case brief on the same day, stating that it agrees with the Preliminary Results. On September 5, 2014, the Department issued a supplemental questionnaire to Jindal,\2\ and received a response from Jindal on September 12, 2014.\3\ --------------------------------------------------------------------------- \2\ See Department letter to Jindal, ``2012-2013 Administrative Review of Polyethylene Terephthalate (PET) Film Sheet and Strip from India, Second Supplemental Questionnaire,'' dated September 5, 2014. \3\ See Letter from Jindal Poly Films Ltd., ``Polyethylene Terephthalate Film, Sheet and Strip from India/Antidumping Duty/ Jindal Poly Films Ltd./Response to Second Supplemental Questionnaire,'' dated September 12, 2014. --------------------------------------------------------------------------- On November 18, 2014, the Department extended the deadline for issuance of these final results from December 23, 2014 to February 23, 2015.\4\ --------------------------------------------------------------------------- \4\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Operations, ``Polyethylene Terphthalate Film, Sheet and Strip from India: Extension of Deadline for Final Results of Antidumping Duty Administrative Review--2012-2013'' (November 18, 2014). --------------------------------------------------------------------------- Scope of the Order The products covered by the AD order are all gauges of raw, pretreated, or primed PET Film, whether extruded or coextruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches thick. Imports of PET Film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the antidumping duty order is dispositive. Analysis of Comments Received All issues raised in the case brief are addressed in the Issues and Decision Memorandum. A list of issues raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. 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).\5\ ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \5\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (``IA ACCESS'') to ACCESS. The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have made no changes to SRF's or Jindal's calculations. However, both SRF's and Jindal's final rate in the companion countervailing duty administrative review has changed since the preliminary results of that review.\6\ Since the changes in the countervailing duty rates are partially attributable to changes in their export subsidies, we have adjusted SRF's and Jindal's reported U.S. prices and, accordingly, recalculated the weighted-average dumping margins for Jindal and SRF for these final results.\7\ --------------------------------------------------------------------------- \6\ See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Reivew; 2012, 79 FR 50616, 50617 (August 25, 2014). \7\ See Memoranda to Thomas Gilgunn, Program Manager ``Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal Poly Films Limited, and ``Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF Limited,'' both dated concurrently with these final results. --------------------------------------------------------------------------- Final Results of Review As a result of our review, we determine the following weighted- average dumping margins exist for the period July 1, 2012, through June 30, 2013. ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Jindal Poly Films Limited................................... 1.89 SRF Limited................................................. 0.00 ------------------------------------------------------------------------ Assessment Rates The Department determines, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. We will instruct CBP to liquidate entries of merchandise produced and/or exported by Jindal and SRF. The Department will issue assessment instructions to CBP 15 days after the date of publication of the final results of review. Where a respondent's weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), the Department will calculate importer-specific assessment rates. Where the respondent reported the entered value for its sales, we calculated importer- specific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of those same sales.\8\ However, where the respondent did not report the entered value for its sales, we [[Page 11161]] will calculate importer-specific per-unit duty assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where the actual or estimated ad valorem assessment rate calculated in the final results of this review is not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is zero or de minimis.\9\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.212(b). \9\ See 19 CFR 351.106(c)(1). --------------------------------------------------------------------------- Cash Deposit Requirements The following deposit requirements will be effective for all shipments of PET Film from India 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 the company under review will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis, i.e., less than 0.5 percent, then the cash deposit rate will be zero); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period for that company; (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 in the completed segment 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 other completed segment of this proceeding, then the cash deposit rate will be the all others rate for this proceeding, 5.71 percent. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notifications to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation. The Department is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 22, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background Scope of the Order III. Discussion of the Issues Comment 1: Quantity Discount Adjustment Comment 2: Consideration of an Alternative Comparison Method in Administrative Reviews Comment 3: Differential Pricing Analysis [FR Doc. 2015-04273 Filed 2-27-15; 8:45 am] BILLING CODE 3510-DS-P
![11160 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
DEPARTMENT OF COMMERCE issuance of these final results from Results, we have made no changes to
December 23, 2014 to February 23, SRF’s or Jindal’s calculations. However,
International Trade Administration 2015.4 both SRF’s and Jindal’s final rate in the
[A–533–824] companion countervailing duty
Scope of the Order
administrative review has changed since
Polyethylene Terephthalate Film, The products covered by the AD order the preliminary results of that review.6
Sheet, and Strip From India: Final are all gauges of raw, pretreated, or Since the changes in the countervailing
Results of Antidumping Duty primed PET Film, whether extruded or duty rates are partially attributable to
Administrative Review; 2012–2013 coextruded. Excluded are metallized changes in their export subsidies, we
films and other finished films that have have adjusted SRF’s and Jindal’s
AGENCY: Enforcement and Compliance, had at least one of their surfaces reported U.S. prices and, accordingly,
International Trade Administration, modified by the application of a recalculated the weighted-average
Department of Commerce. performance-enhancing resinous or dumping margins for Jindal and SRF for
SUMMARY: The Department of Commerce inorganic layer of more than 0.00001 these final results.7
(the Department) published its inches thick. Imports of PET Film are
preliminary results of the administrative currently classifiable in the Harmonized Final Results of Review
review of the antidumping duty (AD) Tariff Schedule of the United States As a result of our review, we
order on polyethylene terephthalate (HTSUS) under item number determine the following weighted-
film, sheet, and strip (PET Film) from 3920.62.00.90. HTSUS subheadings are average dumping margins exist for the
India on August 25, 2014.1 The period provided for convenience and customs period July 1, 2012, through June 30,
of review is July 1, 2012, through June purposes. The written description of the 2013.
30, 2013. This review covers scope of the antidumping duty order is
respondents Jindal Poly Films Limited dispositive. Weighted-
(Jindal) and SRF Limited (SRF). For the average
Analysis of Comments Received Producer or exporter dumping
final results, we continue to find that margin
Jindal did, and that SRF did not, make All issues raised in the case brief are
(percent)
sales of subject merchandise at less than addressed in the Issues and Decision
normal value. Memorandum. A list of issues raised Jindal Poly Films Limited ............ 1.89
and to which we respond in the Issues SRF Limited ................................ 0.00
DATES: Effective Date: March 2, 2015.
and Decision Memorandum is attached
FOR FURTHER INFORMATION CONTACT: to this notice as an Appendix. The
Myrna Lobo, AD/CVD Operations, Assessment Rates
Issues and Decision Memorandum is a
Office VII, Enforcement and public document and is on file The Department determines, and U.S.
Compliance, International Trade electronically via Enforcement and Customs and Border Protection (CBP)
Administration, U.S. Department of Compliance’s Antidumping and shall assess, antidumping duties on all
Commerce, 14th Street and Constitution Countervailing Duty Centralized appropriate entries. We will instruct
Avenue NW., Washington, DC 20230; Electronic Service System (ACCESS).5 CBP to liquidate entries of merchandise
telephone: (202) 482–2371. ACCESS is available to registered users produced and/or exported by Jindal and
SUPPLEMENTARY INFORMATION: at http://iaaccess.trade.gov, and is SRF. The Department will issue
available to all parties in the Central assessment instructions to CBP 15 days
Background after the date of publication of the final
Records Unit, room 7046 of the main
On August 25, 2014, the Department Department of Commerce building. In results of review. Where a respondent’s
published the Preliminary Results. We addition, a complete version of the weighted-average dumping margin is
invited interested parties to comment on Issues and Decision Memorandum can not zero or de minimis (i.e., less than 0.5
the Preliminary Results. Jindal be accessed directly on the Internet at percent), the Department will calculate
submitted a case brief on October 1, http://trade.gov/enforcement/. The importer-specific assessment rates.
2014. SRF submitted a letter in lieu of signed Issues and Decision Where the respondent reported the
a case brief on the same day, stating that Memorandum and the electronic entered value for its sales, we calculated
it agrees with the Preliminary Results. versions of the Issues and Decision importer-specific ad valorem
On September 5, 2014, the Memorandum are identical in content. assessment rates based on the ratio of
Department issued a supplemental the total amount of dumping calculated
questionnaire to Jindal,2 and received a Changes Since the Preliminary Results for the examined sales to the total
response from Jindal on September 12, Based on a review of the record and entered value of those same sales.8
2014.3 comments received from interested However, where the respondent did not
On November 18, 2014, the parties regarding our Preliminary report the entered value for its sales, we
Department extended the deadline for
4 See Memorandum to Christian Marsh, Deputy 6 See Polyethylene Terephthalate Film, Sheet, and
1 See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial
Assistant Secretary for Antidumping and
Strip From India: Preliminary Results and Partial Countervailing Operations, ‘‘Polyethylene Recission of Countervailing Duty Administrative
Rescission of Antidumping Duty Administrative Terphthalate Film, Sheet and Strip from India: Reivew; 2012, 79 FR 50616, 50617 (August 25,
Review; 2012–2013, 79 FR 50620 (August 25, 2014) Extension of Deadline for Final Results of 2014).
(Preliminary Results). Antidumping Duty Administrative Review—2012– 7 See Memoranda to Thomas Gilgunn, Program
asabaliauskas on DSK5VPTVN1PROD with NOTICES
2 See Department letter to Jindal, ‘‘2012–2013 2013’’ (November 18, 2014). Manager ‘‘Analysis Memorandum for the Final
Administrative Review of Polyethylene 5 On November 24, 2014, Enforcement and Results of the Antidumping Duty Administrative
Terephthalate (PET) Film Sheet and Strip from Compliance changed the name of Enforcement and Review of Polyethylene Terephthalate Film, Sheet,
India, Second Supplemental Questionnaire,’’ dated Compliance’s AD and CVD Centralized Electronic and Strip from India: Jindal Poly Films Limited,
September 5, 2014. Service System (‘‘IA ACCESS’’) to ACCESS. The and ‘‘Analysis Memorandum for the Final Results
3 See Letter from Jindal Poly Films Ltd., Web site location was changed from http:// of the Antidumping Duty Administrative Review of
‘‘Polyethylene Terephthalate Film, Sheet and Strip iaaccess.trade.gov to http://access.trade.gov. The Polyethylene Terephthalate Film, Sheet, and Strip
from India/Antidumping Duty/Jindal Poly Films Final Rule changing the references to the from India: SRF Limited,’’ both dated concurrently
Ltd./Response to Second Supplemental Regulations can be found at 79 FR 69046 with these final results.
Questionnaire,’’ dated September 12, 2014. (November 20, 2014). 8 See 19 CFR 351.212(b).
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![Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11161
will calculate importer-specific per-unit Notifications to Interested Parties 351.213, that the Department of
duty assessment rates. We will instruct This notice also serves as a reminder Commerce (‘‘the Department’’) conduct
CBP to assess antidumping duties on all to parties subject to administrative an administrative review of that
appropriate entries covered by this protective order (APO) of their antidumping or countervailing duty
review where the actual or estimated ad responsibility concerning the order, finding, or suspended
valorem assessment rate calculated in destruction of proprietary information investigation.
the final results of this review is not All deadlines for the submission of
disclosed under APO in accordance
zero or de minimis. Pursuant to 19 CFR comments or actions by the Department
with 19 CFR 351.305(a)(3). Timely
351.106(c)(2), we will instruct CBP to discussed below refer to the number of
written notification of the return or
liquidate without regard to antidumping calendar days from the applicable
destruction of APO materials or
duties any entries for which the starting date.
conversion to judicial protective order is
assessment rate is zero or de minimis.9 hereby requested. Failure to comply Respondent Selection
Cash Deposit Requirements with the regulations and terms of an In the event the Department limits the
APO is a sanctionable violation. number of respondents for individual
The following deposit requirements The Department is issuing and
will be effective for all shipments of examination for administrative reviews
publishing these final results of initiated pursuant to requests made for
PET Film from India entered, or administrative review in accordance the orders identified below, the
withdrawn from warehouse, for with sections 751(a)(1) and 777(i)(1) of Department intends to select
consumption on or after the date of the Act. respondents based on U.S. Customs and
publication of the final results of this
Dated: February 22, 2015. Border Protection (‘‘CBP’’) data for U.S.
administrative review, as provided for
Paul Piquado, imports during the period of review. We
by section 751(a)(2)(C) of the Act: (1)
Assistant Secretary for Enforcement and intend to release the CBP data under
The cash deposit rate for the company
Compliance. Administrative Protective Order
under review will be equal to the
(‘‘APO’’) to all parties having an APO
weighted-average dumping margin Appendix within five days of publication of the
established in the final results of this initiation notice and to make our
I. Summary
review (except, if the rate is de minimis, decision regarding respondent selection
II. Background
i.e., less than 0.5 percent, then the cash Scope of the Order within 21 days of publication of the
deposit rate will be zero); (2) for III. Discussion of the Issues initiation Federal Register notice.
previously reviewed or investigated Comment 1: Quantity Discount Adjustment Therefore, we encourage all parties
companies not listed above, the cash Comment 2: Consideration of an interested in commenting on respondent
deposit rate will continue to be the Alternative Comparison Method in selection to submit their APO
company-specific rate published in the Administrative Reviews
Comment 3: Differential Pricing Analysis
applications on the date of publication
completed segment for the most recent of the initiation notice, or as soon
period for that company; (3) if the [FR Doc. 2015–04273 Filed 2–27–15; 8:45 am]
thereafter as possible. The Department
exporter is not a firm covered in this BILLING CODE 3510–DS–P invites comments regarding the CBP
review, a prior review, or the less-than- data and respondent selection within
fair-value investigation, but the five days of placement of the CBP data
manufacturer is, the cash deposit rate DEPARTMENT OF COMMERCE on the record of the review.
will be the rate established in the In the event the Department decides
completed segment for the most recent International Trade Administration
it is necessary to limit individual
period for the manufacturer of the examination of respondents and
Antidumping or Countervailing Duty
merchandise; and (4) if neither the conduct respondent selection under
Order, Finding, or Suspended
exporter nor the manufacturer is a firm section 777A(c)(2) of the Act:
Investigation; Opportunity To Request
covered in this or any other completed In general, the Department finds that
Administrative Review
segment of this proceeding, then the determinations concerning whether
cash deposit rate will be the all others AGENCY: Enforcement and Compliance, particular companies should be
rate for this proceeding, 5.71 percent. International Trade Administration, ‘‘collapsed’’ (i.e., treated as a single
These deposit requirements, when Department of Commerce. entity for purposes of calculating
imposed, shall remain in effect until FOR FURTHER INFORMATION CONTACT: antidumping duty rates) require a
further notice. Brenda E. Waters, Office of AD/CVD substantial amount of detailed
Notification to Importers Operations, Customs Liaison Unit, information and analysis, which often
Enforcement and Compliance, require follow-up questions and
This notice serves as a final reminder International Trade Administration, analysis. Accordingly, the Department
to importers of their responsibility U.S. Department of Commerce, 14th will not conduct collapsing analyses at
under 19 CFR 351.402(f)(2) to file a Street and Constitution Avenue NW., the respondent selection phase of this
certificate regarding the reimbursement Washington, DC 20230, telephone: (202) review and will not collapse companies
of antidumping duties prior to 482–4735. at the respondent selection phase unless
liquidation of the relevant entries there has been a determination to
during this review period. Failure to Background collapse certain companies in a
asabaliauskas on DSK5VPTVN1PROD with NOTICES
comply with this requirement could Each year during the anniversary previous segment of this antidumping
result in the Secretary’s presumption month of the publication of an proceeding (i.e., investigation,
that reimbursement of antidumping antidumping or countervailing duty administrative review, new shipper
duties occurred and the subsequent order, finding, or suspended review or changed circumstances
assessment of double antidumping investigation, an interested party, as review). For any company subject to this
duties. defined in section 771(9) of the Tariff review, if the Department determined,
Act of 1930, as amended (‘‘the Act’’), or continued to treat, that company as
9 See 19 CFR 351.106(c)(1). may request, in accordance with 19 CFR collapsed with others, the Department
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Document Created: 2015-12-18 12:07:57
Document Modified: 2015-12-18 12:07:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Myrna Lobo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2371. | |
| FR Citation | 80 FR 11160 |
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