80 FR 11163 - Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review; 2012
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 | 11163-11164 | |
| FR Document | 2015-04274 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Notices] [Pages 11163-11164] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04274] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-825] Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review; 2012 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 25, 2014, the Department published the preliminary results of the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India.\1\ The period of review (POR) is January 1, 2012, through December 31, 2012. Based on an analysis of the comments received, the Department has made changes to the subsidy rate determined for Jindal Poly Films Limited (Jindal) and SRF Limited (SRF). The final subsidy rates are listed in the ``Final Results of Administrative Review'' section below. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet and Strip From India: Preliminary Results And Partial Rescission of Countervailing Duty Administrative Review; 2012, 79 FR 50616 (August 25, 2014) (Preliminary Results 2012). --------------------------------------------------------------------------- DATES: Effective Date: March 2, 2015. FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0197. Scope of the Order The products covered are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet and strip, 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 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 order is dispositive. Analysis of Comments Received The issues raised by Jindal and SRF in their case briefs are addressed in the Issues and Decision Memorandum.\2\ The [[Page 11164]] issues are identified 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).\3\ ACCESS is available to registered users at http://access.trade.gov and 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/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip (PET film) from India; 2012,'' dated concurrently with this notice and herein incorporated by reference (Issues and Decision Memorandum). \3\ 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 the comments received from Jindal, SRF, and domestic interested parties Polyplex USA LLC and Flex USA, we made the following changes to our rate calculations for Jindal and SRF: We adjusted the cash deposit rates for Jindal and SRF, as necessary, to exclude the foreign currency denominated pre- and post-export financing benefits. Further, we revised our allocation calculations and adjusted the numerator in our subsidy rate calulations for Jindal with respect to the Status Holder Incentive Scheme (SHIS). For a discussion of these issues, see the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with section 777A(e)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(b)(5), we calculated individual ad valorem subsidy rates for Jindal and SRF, for the POR for this administrative review. ------------------------------------------------------------------------ Subsidy Manufacturer/exporter rate (percent) ------------------------------------------------------------------------ Jindal Poly Films Limited................................... 7.66 SRF Limited................................................. 2.03 ------------------------------------------------------------------------ Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), the Department intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of the final results of this review. The Department will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by Jindal and SRF, respectively, entered or withdrawn from warehouse, for consumption from January 1, 2012, through December 31, 2012, at 7.66 percent ad valorem and at 2.03 percent ad valorem, respectively, of the entered value. The Department intends also to instruct CBP to collect cash deposits of estimated countervailing duties at the rate of 7.66 percent ad valorem for Jindal and of 2.03 \4\ percent ad valorem for SRF of the entered value on shipments of the subject merchandise produced and exported by SRF, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. We intend to instruct CBP to continue to collect cash deposits for non-reviewed companies at the applicable company-specific countervailing duty rate for the most recent period or the all-others rate established in the investigation. These cash deposit rates, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \4\ These rates reflect the cash-deposit rates adjusted for the termination of the pre- and post-shipment export financing program in foreign currency. See 19 CFR 351.526(a). --------------------------------------------------------------------------- Administrative Protective Order This notice also serves as a final 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 proceeding. Timely written notification of the return/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 violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 23, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Issues and Decision Memorandum I. Summary II. Background Scope of the Order III. Subsidies Valuation Information A. Allocation Period B. Benchmarks Interest Rates C. Denominator IV. Analysis of Programs 1. Programs Determined To Be Countervailable 2. Program Determined To Be Terminated 3. Programs Determined To Be Not Used V. Analysis of Comments Comment 1: Whether There Has Been A Program-Wide Change for Pre- Shipment Export Financing in Foreign Currency and Adjustment of the Cash Deposit Rate. Comment 2: Whether The Department Wrongly Countervailed Export Promotion Capital Goods Scheme (EPCGS) Benefits That Apply To Non- Subject Merchandise. Comment 3: Whether the Department Used The Wrong Numerator To Calculate The POR Benefit For The Status Holder Incentive Scheme (SHIS). Comment 4: Whether The Department Made An Error In Calculating The POR Benefit for the SHIS. Comment 5: Whether The Value Added Tax (VAT) And Central Sales Tax (CST) Refunds Under The Industrial Promotion Subsidy (IPS) Of The State Government Of Maharashtra's (SGOM) Package Scheme Of Incentives (PSI) Is Countervailable. [FR Doc. 2015-04274 Filed 2-27-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11163
if the interested party’s attempts were NME entity, the Department will DEPARTMENT OF COMMERCE
reasonable, pursuant to 19 CFR instruct CBP to liquidate entries for all
351.303(f)(3)(ii). exporters not named in the initiation International Trade Administration
As explained in Antidumping and notice, including those that were [C–533–825]
Countervailing Duty Proceedings: suspended at the NME entity rate.
Assessment of Antidumping Duties, 68 Polyethylene Terephthalate Film,
FR 23954 (May 6, 2003), and Non- All requests must be filed
electronically in Enforcement and Sheet, and Strip from India: Final
Market Economy Antidumping Results of Countervailing Duty
Proceedings: Assessment of Compliance’s Antidumping and
Administrative Review; 2012
Antidumping Duties, 76 FR 65694 Countervailing Duty Centralized
(October 24, 2011) the Department Electronic Service System (‘‘ACCESS’’) AGENCY: Enforcement and Compliance,
clarified its practice with respect to the on Enforcement and Compliance’s International Trade Administration,
collection of final antidumping duties ACCESS Web site at http:// Department of Commerce.
on imports of merchandise where access.trade.gov.4 Further, in SUMMARY: On August 25, 2014, the
intermediate firms are involved. The accordance with 19 CFR 351.303(f)(l)(i), Department published the preliminary
public should be aware of this a copy of each request must be served results of the administrative review of
clarification in determining whether to on the petitioner and each exporter or the countervailing duty order on
request an administrative review of producer specified in the request. polyethylene terephthalate film, sheet,
merchandise subject to antidumping and strip (PET film) from India.1 The
The Department will publish in the
findings and orders.2 period of review (POR) is January 1,
Further, as explained in Antidumping Federal Register a notice of ‘‘Initiation
2012, through December 31, 2012. Based
Proceedings: Announcement of Change of Administrative Review of on an analysis of the comments
in Department Practice for Respondent Antidumping or Countervailing Duty received, the Department has made
Selection in Antidumping Duty Order, Finding, or Suspended changes to the subsidy rate determined
Proceedings and Conditional Review of Investigation’’ for requests received by for Jindal Poly Films Limited (Jindal)
the Nonmarket Economy Entity in NME the last day of March 2015. If the and SRF Limited (SRF). The final
Antidumping Duty Proceedings, 78 FR Department does not receive, by the last subsidy rates are listed in the ‘‘Final
65963 (November 4, 2013), the day of March 2015, a request for review Results of Administrative Review’’
Department clarified its practice with of entries covered by an order, finding, section below.
regard to the conditional review of the or suspended investigation listed in this DATES: Effective Date: March 2, 2015.
non-market economy (NME) entity in notice and for the period identified FOR FURTHER INFORMATION CONTACT: Elfi
administrative reviews of antidumping above, the Department will instruct CBP Blum, AD/CVD Operations, Office VII,
duty orders. The Department will no to assess antidumping or countervailing Enforcement and Compliance, U.S.
longer consider the NME entity as an duties on those entries at a rate equal to Department of Commerce, 14th Street
exporter conditionally subject to the cash deposit of (or bond for) and Constitution Avenue NW.,
administrative reviews. Accordingly, estimated antidumping or Washington, DC 20230; telephone: (202)
the NME entity will not be under review countervailing duties required on those 482–0197.
unless the Department specifically
entries at the time of entry, or
receives a request for, or self-initiates, a Scope of the Order
withdrawal from warehouse, for
review of the NME entity.3 In The products covered are all gauges of
administrative reviews of antidumping consumption and to continue to collect
the cash deposit previously ordered. raw, pretreated, or primed polyethylene
duty orders on merchandise from NME terephthalate film, sheet and strip,
countries where a review of the NME For the first administrative review of whether extruded or coextruded.
entity has not been initiated, but where any order, there will be no assessment Excluded are metallized films and other
an individual exporter for which a of antidumping or countervailing duties finished films that have had at least one
review was initiated does not qualify for on entries of subject merchandise of their surfaces modified by the
a separate rate, the Department will entered, or withdrawn from warehouse, application of a performance-enhancing
issue a final decision indicating that the for consumption during the relevant resinous or inorganic layer of more than
company in question is part of the NME provisional-measures ‘‘gap’’ period of 0.00001 inches thick. Imports of PET
entity. However, in that situation, the order, if such a gap period is film are classifiable in the Harmonized
because no review of the NME entity applicable to the period of review. Tariff Schedule of the United States
was conducted, the NME entity’s entries (HTSUS) under item number
were not subject to the review and the This notice is not required by statute
but is published as a service to the 3920.62.00.90. HTSUS subheadings are
rate for the NME entity is not subject to provided for convenience and customs
change as a result of that review international trading community.
purposes. The written description of the
(although the rate for the individual Dated: February 23, 2015. scope of the order is dispositive.
exporter may change as a function of the Christian Marsh,
finding that the exporter is part of the Analysis of Comments Received
Deputy Assistant Secretary for Antidumping
NME entity). and Countervailing Duty Operations. The issues raised by Jindal and SRF
Following initiation of an in their case briefs are addressed in the
[FR Doc. 2015–04275 Filed 2–27–15; 8:45 am]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
antidumping administrative review Issues and Decision Memorandum.2 The
when there is no review requested of the BILLING CODE 3510–DS–P
1 See Polyethylene Terephthalate Film, Sheet and
2 See also the Enforcement and Compliance Web Strip From India: Preliminary Results And Partial
site at http://trade.gov/enforcement/. Rescission of Countervailing Duty Administrative
3 In accordance with 19 CFR 351.213(b)(1), parties Review; 2012, 79 FR 50616 (August 25, 2014)
4 See Antidumping and Countervailing Duty
should specify that they are requesting a review of (Preliminary Results 2012).
entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures; 2 See Memorandum from Christian Marsh, Deputy
the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR Assistant Secretary for Antidumping and
exporters in their request. 39263 (July 6, 2011). Continued
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![11164 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
issues are identified in the Appendix to Assessment and Cash Deposit Dated: February 23, 2015.
this notice. The Issues and Decision Requirements Paul Piquado,
Memorandum is a public document and Assistant Secretary for Enforcement and
is on file electronically via Enforcement In accordance with 19 CFR Compliance.
and Compliance’s Antidumping and 351.212(b)(2), the Department intends to
issue appropriate instructions to U.S. Appendix I
Countervailing Duty Centralized
Electronic Service System (ACCESS).3 Customs and Border Protection (CBP) 15 Issues and Decision Memorandum
ACCESS is available to registered users days after publication of the final results I. Summary
at http://access.trade.gov and in the of this review. The Department will II. Background
Central Records Unit, room 7046 of the instruct CBP to liquidate shipments of Scope of the Order
main Department of Commerce subject merchandise produced and/or III. Subsidies Valuation Information
building. In addition, a complete exported by Jindal and SRF, A. Allocation Period
version of the Issues and Decision B. Benchmarks Interest Rates
respectively, entered or withdrawn from C. Denominator
Memorandum can be accessed directly warehouse, for consumption from IV. Analysis of Programs
on the Internet at http://trade.gov/ January 1, 2012, through December 31, 1. Programs Determined To Be
enforcement/frn/index.html. The signed 2012, at 7.66 percent ad valorem and at Countervailable
Issues and Decision Memorandum and 2.03 percent ad valorem, respectively, of 2. Program Determined To Be Terminated
electronic versions of the Issues and the entered value. 3. Programs Determined To Be Not Used
Decision Memorandum are identical in V. Analysis of Comments
content. The Department intends also to Comment 1: Whether There Has Been A
instruct CBP to collect cash deposits of Program-Wide Change for Pre-Shipment
Changes Since the Preliminary Results estimated countervailing duties at the Export Financing in Foreign Currency
Based on the comments received from rate of 7.66 percent ad valorem for and Adjustment of the Cash Deposit
Rate.
Jindal, SRF, and domestic interested Jindal and of 2.03 4 percent ad valorem
Comment 2: Whether The Department
parties Polyplex USA LLC and Flex for SRF of the entered value on Wrongly Countervailed Export
USA, we made the following changes to shipments of the subject merchandise Promotion Capital Goods Scheme
our rate calculations for Jindal and SRF: produced and exported by SRF, entered, (EPCGS) Benefits That Apply To Non-
We adjusted the cash deposit rates for or withdrawn from warehouse, for Subject Merchandise.
Jindal and SRF, as necessary, to exclude consumption on or after the date of Comment 3: Whether the Department Used
the foreign currency denominated pre- publication of the final results of this The Wrong Numerator To Calculate The
and post-export financing benefits. POR Benefit For The Status Holder
review. We intend to instruct CBP to Incentive Scheme (SHIS).
Further, we revised our allocation continue to collect cash deposits for Comment 4: Whether The Department
calculations and adjusted the numerator non-reviewed companies at the Made An Error In Calculating The POR
in our subsidy rate calulations for Jindal applicable company-specific Benefit for the SHIS.
with respect to the Status Holder countervailing duty rate for the most Comment 5: Whether The Value Added
Incentive Scheme (SHIS). For a recent period or the all-others rate Tax (VAT) And Central Sales Tax (CST)
discussion of these issues, see the Issues established in the investigation. These Refunds Under The Industrial Promotion
and Decision Memorandum. Subsidy (IPS) Of The State Government
cash deposit rates, when imposed, shall Of Maharashtra’s (SGOM) Package
Final Results of Administrative Review remain in effect until further notice. Scheme Of Incentives (PSI) Is
In accordance with section 777A(e)(1) Countervailable.
Administrative Protective Order
of the Tariff Act of 1930, as amended [FR Doc. 2015–04274 Filed 2–27–15; 8:45 am]
(the Act) and 19 CFR 351.221(b)(5), we This notice also serves as a final BILLING CODE 3510–DS–P
calculated individual ad valorem reminder to parties subject to an
subsidy rates for Jindal and SRF, for the administrative protective order (APO) of
POR for this administrative review. their responsibility concerning the DEPARTMENT OF COMMERCE
return or destruction of proprietary
Subsidy International Trade Administration
information disclosed under APO in
Manufacturer/exporter rate
(percent) accordance with 19 CFR 351.305(a)(3), Initiation of Five-Year (‘‘Sunset’’)
which continues to govern business Review
Jindal Poly Films Limited ............ 7.66 proprietary information in this segment
SRF Limited ................................ 2.03 of proceeding. Timely written AGENCY: Enforcement and Compliance,
notification of the return/destruction of International Trade Administration,
APO materials or conversion to judicial Department of Commerce.
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and protective order is hereby requested. SUMMARY: In accordance with section
Compliance, ‘‘Issues and Decision Memorandum for Failure to comply with the regulations 751(c) of the Tariff Act of 1930, as
the Final Results of Countervailing Duty
and terms of an APO is a violation amended (‘‘the Act’’), the Department of
Administrative Review: Polyethylene Terephthalate Commerce (‘‘the Department’’) is
Film, Sheet, and Strip (PET film) from India; 2012,’’ which is subject to sanction.
dated concurrently with this notice and herein automatically initiating the five-year
These final results are issued and review (‘‘Sunset Review’’) of the
incorporated by reference (Issues and Decision
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Memorandum). published in accordance with sections antidumping and countervailing duty
3 On November 24, 2014, Enforcement and 751(a)(1) and 777(i)(1) of the Act. (‘‘AD/CVD’’) orders listed below. The
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
International Trade Commission (‘‘the
Service System (‘‘IA ACCESS’’) to ACCESS. The Commission’’) is publishing
Web site location was changed from http://
4 These rates reflect the cash-deposit rates
concurrently with this notice its notice
iaaccess.trade.gov to http://access.trade.gov. The of Institution of Five-Year Review which
Final Rule changing the references to the adjusted for the termination of the pre- and post-
Regulations can be found at 79 FR 69046 shipment export financing program in foreign covers the same orders.
(November 20, 2014). currency. See 19 CFR 351.526(a). DATES: Effective (March 1, 2015).
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Document Created: 2015-12-18 12:07:28
Document Modified: 2015-12-18 12:07:28
| 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 | Elfi Blum, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0197. | |
| FR Citation | 80 FR 11163 |
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