80_FR_47107 80 FR 46956 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Review; 2013

80 FR 46956 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Review; 2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range46956-46957
FR Document2015-19357

The Department of Commerce (the Department) is conducting an administrative review under the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET film) from India for the period of review (POR) January 1, 2013, through December 31, 2013. We preliminarily determine that Jindal Poly Films Limited of India (Jindal) and SRF Limited (SRF) received countervailable subsidies during the POR. See the ``Preliminary Results of Review'' section, below. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015) 
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46956-46957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19357]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Recission of Countervailing Duty 
Administrative Review; 2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review under the countervailing duty (CVD) order on 
polyethylene terephthalate film, sheet and strip (PET film) from India 
for the period of review (POR) January 1, 2013, through December 31, 
2013. We preliminarily determine that Jindal Poly Films Limited of 
India (Jindal) and SRF Limited (SRF) received countervailable subsidies 
during the POR. See the ``Preliminary Results of Review'' section, 
below. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective date: August 6, 2015.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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) 482-0197.

Partial Rescission of Administrative Review

    The Department initiated a review of eight companies in this 
proceeding.\1\ In response to timely filed withdrawal requests, we are 
rescinding this administrative review with respect to MTZ and Uflex 
pursuant to 19 CFR 351.213(d)(1). Accordingly, the companies subject to 
the instant review are: Ester, Garware, Polyplex, SRF, Jindal, Vacmet, 
and Vacmet India Limited, of which the Department has selected Jindal 
and SRF as the mandatory respondents.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation 
Notice). The seven companies were Ester Industries Limited (Ester), 
Garware Polyester Ltd. (Garware), Jindal Poly Films Limited of India 
(Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex Corporation Ltd. 
(Polyplex), SRF Limited (SRF), and Vacmet. See also, Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 79 FR 
76956 (December 23, 2014). The one additional company was Uflex Ltd 
(Uflex), which was inadvertently omitted from the prior initiation 
notice.
    \2\ See Preliminary Decision Memorandum.
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Scope of the Order

    For purposes 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.

Methodology

    The Department conducted this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\3\ For a full description of the 
methodology underlying our conclusions, see the Memorandum from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Ronald K. Lorentzen, Deputy Assistant 
Secretary for Enforcement and Compliance, titled ``Decision Memorandum 
for the Preliminary Results and Partial Rescission of the 
Countervailing Duty (CVD) Administrative Review of Polyethylene 
Terephthalate Film, Sheet, and Strip (PET film) from India; 2013'' 
(Preliminary Decision Memorandum), dated concurrently with, and hereby 
adopted by, this notice.
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    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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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 http://access.trade.gov and 
in the

[[Page 46957]]

Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Companies Not Selected for Individual Review

    For the companies not selected for individual review (Ester, 
Garware, Polyplex, Vacmet, and Vacmet India Limited), because the rates 
calculated for Jindal and SRF were above de minimis and not based 
entirely on facts available, we applied, consistent with section 
705(c)(5)(A) of the Act, a subsidy rate based on a weighted average of 
the subsidy rates calculated for Jindal and SRF using publicly ranged 
sales data submitted by respondents.

Preliminary Results of Review

    We determine the total estimated net countervailable subsidy rates 
for the period January 1, 2013, through December 31, 2013 to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal Poly Films of India Limited......................            9.86
SRF Limited.............................................            2.11
Ester Industries Limited................................            6.65
Garware Polyester Ltd...................................            6.65
Polyplex Corporation Ltd................................            6.65
Vacmet..................................................            6.65
Vacmet India Limited....................................            6.65
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\4\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\5\ Rebuttal briefs must be limited to issues raised in the case 
briefs.\6\ Parties who submit case or rebuttal briefs are requested to 
submit with the argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \6\ See 19 CFR 351.309(d)(2).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing, must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\8\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\9\ Parties should confirm by telephone the date, 
time, and location of the hearing. Issues addressed at the hearing will 
be limited to those raised in the briefs.\10\ All briefs and hearing 
requests must be filed electronically and received successfully in 
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due 
date.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
    \10\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties on all appropriate entries covered by this review. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties, in the amounts shown above for each of the 
respective companies shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most-recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: July 31, 2015.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Partial Rescission of Administrative Review
4. Scope of the Order
5. Subsidies Valuation Information
6. Analysis of Programs
7. Recommendation

[FR Doc. 2015-19357 Filed 8-5-15; 8:45 am]
BILLING CODE 3510-DS-P

46956 Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices Analysis of Comments Received Dated: July 30, 2015. companies subject to the instant review Paul Piquado, are: Ester, Garware, Polyplex, SRF, All issues raised in these reviews, Assistant Secretary for Enforcement and Jindal, Vacmet, and Vacmet India including the likelihood of continuation Compliance. Limited, of which the Department has or recurrence of dumping in the event [FR Doc. 2015–19358 Filed 8–5–15; 8:45 am] selected Jindal and SRF as the of revocation and the magnitude of the BILLING CODE 3510–DS–P mandatory respondents.2 margins likely to prevail if the orders are revoked, are addressed in the Scope of the Order accompanying Issues and Decision DEPARTMENT OF COMMERCE For purposes of the order, the Memorandum. The Issues and Decision products covered are all gauges of raw, Memorandum is a public document and International Trade Administration pretreated, or primed polyethylene is available electronically via terephthalate film, sheet and strip, [C–533–825] Enforcement and Compliance’s whether extruded or coextruded. Antidumping and Countervailing Duty Polyethylene Terephthalate Film, Excluded are metallized films and other Centralized Electronic Service System Sheet, and Strip From India: finished films that have had at least one (ACCESS). ACCESS is accessible to Preliminary Results and Partial of their surfaces modified by the registered users at http:// Recission of Countervailing Duty application of a performance-enhancing access.trade.gov and to all parties in the Administrative Review; 2013 resinous or inorganic layer of more than Department’s Central Records Unit, 0.00001 inches thick. Imports of PET AGENCY: Enforcement and Compliance, film are classifiable in the Harmonized Room B8024 of the Department’s main International Trade Administration, Tariff Schedule of the United States building. In addition, a complete Department of Commerce. (HTSUS) under item number version of the Issues and Decision SUMMARY: The Department of Commerce 3920.62.00.90. HTSUS subheadings are Memorandum can be viewed at http:// (the Department) is conducting an provided for convenience and customs enforcement.trade.gov/frn/. The signed administrative review under the purposes. The written description of the Issues and Decision Memorandum and countervailing duty (CVD) order on scope of the order is dispositive. the electronic version of the Issues and polyethylene terephthalate film, sheet Decision Memorandum are identical in Methodology and strip (PET film) from India for the content. period of review (POR) January 1, 2013, The Department conducted this through December 31, 2013. We review in accordance with section Final Results of Sunset Reviews preliminarily determine that Jindal Poly 751(a)(l)(A) of the Tariff Act of 1930, as Pursuant to sections 751(c)(1) and Films Limited of India (Jindal) and SRF amended (the Act). For each of the 752(c)(1)–(3) of the Act, we determine Limited (SRF) received countervailable subsidy programs found that revocation of the antidumping duty subsidies during the POR. See the countervailable, we preliminarily orders on CVP–23 from India and the ‘‘Preliminary Results of Review’’ determine that there is a subsidy, i.e., a PRC would likely lead to continuation section, below. Interested parties are government-provided financial or recurrence of dumping up to the invited to comment on these contribution that gives rise to a benefit following weighted-average margin preliminary results. to the recipient, and that the subsidy is percentages: DATES: Effective date: August 6, 2015. specific.3 For a full description of the methodology underlying our FOR FURTHER INFORMATION CONTACT: Elfi Weighted- Blum, AD/CVD Operations, Office VII, conclusions, see the Memorandum from average Christian Marsh, Deputy Assistant Country dumping Enforcement and Compliance, Secretary for Antidumping and margin International Trade Administration, Countervailing Duty Operations to (percent) U.S. Department of Commerce, 14th Ronald K. Lorentzen, Deputy Assistant Street and Constitution Avenue NW., Secretary for Enforcement and India ............................................ 44.80 Washington, DC 20230; telephone: (202) Compliance, titled ‘‘Decision PRC ............................................ 241.32 482–0197. Memorandum for the Preliminary Partial Rescission of Administrative Results and Partial Rescission of the Notification to Interested Parties Countervailing Duty (CVD) Review This notice serves as the only Administrative Review of Polyethylene The Department initiated a review of reminder to parties subject to an Terephthalate Film, Sheet, and Strip eight companies in this proceeding.1 In administrative protective order (APO) of (PET film) from India; 2013’’ response to timely filed withdrawal their responsibility concerning the (Preliminary Decision Memorandum), requests, we are rescinding this dated concurrently with, and hereby return or destruction of proprietary administrative review with respect to adopted by, this notice. information disclosed under APO in MTZ and Uflex pursuant to 19 CFR The Preliminary Decision accordance with 19 CFR 351.305. 351.213(d)(1). Accordingly, the Memorandum is a public document and Timely notification of the return or is on file electronically via Enforcement destruction of APO materials or 1 See Initiation of Antidumping and and Compliance’s Antidumping and conversion to judicial protective order is Countervailing Duty Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation Notice). The Countervailing Duty Centralized hereby requested. Failure to comply seven companies were Ester Industries Limited Electronic Service System (ACCESS). with the regulations and terms of an (Ester), Garware Polyester Ltd. (Garware), Jindal ACCESS is available to registered users tkelley on DSK3SPTVN1PROD with NOTICES APO is a violation which is subject to Poly Films Limited of India (Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex Corporation Ltd. at http://access.trade.gov and in the sanction. (Polyplex), SRF Limited (SRF), and Vacmet. See 2 See Preliminary Decision Memorandum. We are issuing and publishing these also, Initiation of Antidumping and Countervailing results and notice in accordance with Duty Administrative Reviews, 79 FR 76956 3 See sections 771(5)(B) and (D) of the Act (December 23, 2014). The one additional company regarding financial contribution; section 771(5)(E) sections 751(c), 752(c), and 771(i)(1) of was Uflex Ltd (Uflex), which was inadvertently of the Act regarding benefit; and section 771(5A) of the Act and 19 CFR 351.218. omitted from the prior initiation notice. the Act regarding specificity. VerDate Sep<11>2014 17:50 Aug 05, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1

Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices 46957 Central Records Unit, room B8024 of the (2) a brief summary of the argument; cash deposits at the most-recent main Department of Commerce and (3) a table of authorities.7 company-specific or all-others rate building. In addition, a complete Interested parties who wish to request applicable to the company, as version of the Preliminary Decision a hearing, must do so within 30 days of appropriate. These cash deposit Memorandum can be accessed directly publication of these preliminary results requirements, when imposed, shall on the Internet at http://trade.gov/ by submitting a written request to the remain in effect until further notice. enforcement/frn/index.html. The signed Assistant Secretary for Enforcement and These preliminary results of review Preliminary Decision Memorandum and Compliance, U.S. Department of are issued and published in accordance the electronic versions of the Commerce, using Enforcement and with sections 751(a)(l) and 777(i)(l) of Preliminary Decision Memorandum are Compliance’s ACCESS system.8 the Act and 19 CFR 351.213 and identical in content. Requests should contain the party’s 351.221(b)(4). name, address, and telephone number, Dated: July 31, 2015. Companies Not Selected for Individual the number of participants, and a list of Review Ronald K. Lorentzen, the issues to be discussed. If a request Deputy Assistant Secretary for Enforcement For the companies not selected for for a hearing is made, we will inform and Compliance. individual review (Ester, Garware, parties of the scheduled date for the Polyplex, Vacmet, and Vacmet India hearing which will be held at the U.S. Appendix I Limited), because the rates calculated Department of Commerce, 14th Street List of Topics Discussed in the Preliminary for Jindal and SRF were above de and Constitution Avenue NW., Decision Memorandum minimis and not based entirely on facts Washington, DC 20230, at a time and 1. Summary available, we applied, consistent with location to be determined.9 Parties 2. Background section 705(c)(5)(A) of the Act, a should confirm by telephone the date, 3. Partial Rescission of Administrative subsidy rate based on a weighted time, and location of the hearing. Issues Review average of the subsidy rates calculated addressed at the hearing will be limited 4. Scope of the Order for Jindal and SRF using publicly to those raised in the briefs.10 All briefs 5. Subsidies Valuation Information and hearing requests must be filed 6. Analysis of Programs ranged sales data submitted by 7. Recommendation respondents. electronically and received successfully in their entirety through ACCESS by [FR Doc. 2015–19357 Filed 8–5–15; 8:45 am] Preliminary Results of Review 5:00 p.m. Eastern Time on the due date. BILLING CODE 3510–DS–P Unless the deadline is extended We determine the total estimated net pursuant to section 751(a)(3)(A) of the countervailable subsidy rates for the Act, the Department will issue the final DEPARTMENT OF COMMERCE period January 1, 2013, through results of this administrative review, December 31, 2013 to be: including the results of our analysis of International Trade Administration the issues raised by the parties in their [A–533–824] Subsidy rate comments, within 120 days after Manufacturer/exporter (percent ad valorem) publication of these preliminary results. Polyethylene Terephthalate Film, Assessment Rates and Cash Deposit Sheet, and Strip From India: Jindal Poly Films of India Preliminary Results and Partial Requirement Limited ............................... 9.86 Rescission of Antidumping Duty SRF Limited .......................... 2.11 In accordance with 19 CFR Administrative Review; 2013–2014 Ester Industries Limited ........ 6.65 351.221(b)(4)(i), we assigned a subsidy Garware Polyester Ltd .......... 6.65 rate for each producer/exporter subject AGENCY: Enforcement and Compliance, Polyplex Corporation Ltd ...... 6.65 to this administrative review. Upon International Trade Administration, Vacmet .................................. 6.65 issuance of the final results, the U.S. Department of Commerce. Vacmet India Limited ............ 6.65 Department shall determine, and U.S. SUMMARY: The Department of Commerce Customs and Border Protection (CBP) (the Department) is conducting an Disclosure and Public Comment shall assess, countervailing duties on all administrative review of the appropriate entries covered by this antidumping duty (AD) order on The Department will disclose to review. We intend to issue instructions polyethylene terephthalate film, sheet, parties to this proceeding the to CBP 15 days after publication of the and strip (PET Film) from India. The calculations performed in reaching the final results of review. period of review (POR) is July 1, 2013, preliminary results within five days of Pursuant to section 751(a)(2)(C) of the through June 30, 2014. The Department the date of publication of these Act, the Department also intends to preliminarily determines that Jindal did preliminary results.4 Interested parties instruct CBP to collect cash deposits of not, and that SRF did, make sales of may submit written comments (case estimated countervailing duties, in the subject merchandise at prices below briefs) within 30 days of publication of amounts shown above for each of the normal value (NV) during the POR. The the preliminary results and rebuttal respective companies shown above, on preliminary results are listed below in comments (rebuttal briefs) within five shipments of subject merchandise the section titled ‘‘Preliminary Results days after the time limit for filing case entered, or withdrawn from warehouse, of Review.’’ Interested parties are briefs.5 Rebuttal briefs must be limited for consumption on or after the date of invited to comment on these to issues raised in the case briefs.6 publication of the final results of this preliminary results. tkelley on DSK3SPTVN1PROD with NOTICES Parties who submit case or rebuttal review. For all non-reviewed firms, we briefs are requested to submit with the DATES: Effective date: August 6, 2015. will instruct CBP to continue to collect argument: (1) A statement of the issue; FOR FURTHER INFORMATION CONTACT: 7 See 19 CFR 351.309(c)(2) and (d)(2). Myrna Lobo at (202) 482–2371; AD/CVD 4 See 19 CFR 351.224(b). 8 See 19 CFR 351.310(c). Operations, Office VII, Enforcement and 5 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). 9 See 19 CFR 351.310. Compliance, International Trade 6 See 19 CFR 351.309(d)(2). 10 See 19 CFR 351.310(c). Administration, U.S. Department of VerDate Sep<11>2014 17:50 Aug 05, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1


Document Created: 2018-02-23 10:55:49
Document Modified: 2018-02-23 10:55:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective date: August 6, 2015.
ContactElfi Blum, 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) 482-0197.
FR Citation80 FR 46956 
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