80 FR 46957 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 151 (August 6, 2015)
International Trade Administration
Federal Register Volume 80, Issue 151 (August 6, 2015)
| Page Range | 46957-46959 | |
| FR Document | 2015-19356 |
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)] [Notices] [Pages 46957-46959] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19356] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from India. The period of review (POR) is July 1, 2013, through June 30, 2014. The Department preliminarily determines that Jindal did not, and that SRF did, make sales of subject merchandise at prices below normal value (NV) during the POR. The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' Interested parties are invited to comment on these preliminary results. DATES: Effective date: August 6, 2015. FOR FURTHER INFORMATION CONTACT: Myrna Lobo at (202) 482-2371; AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of [[Page 46958]] Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is polyethylene terephthalate film, sheet, and strip. The PET Film subject to the order is currently classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes. The written description is dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India; 2013-2014'' (Preliminary Decision Memorandum), which is dated concurrently with these preliminary results and hereby adopted by this notice. 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 and Vacmet, of which the Department has selected Jindal and SRF as the mandatory respondents.\2\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in 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 discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. 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 https://access.trade.gov/login.aspx and it is available to all parties in the 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Companies Not Selected for Individual Review We preliminarily assign to those companies not selected for individual review the rate calculated for SRF in this review, in accordance with section 735(c)(5) of the Act. See Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period July 1, 2013, through June 30, 2014. ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ Jindal Poly Films Limited \3\............................... 0.00 SRF Limited................................................. 0.79 Ester Industries Limited.................................... 0.79 Garware Polyester Ltd....................................... 0.79 Polyplex Corporation Limited................................ 0.79 Vacmet...................................................... 0.79 ------------------------------------------------------------------------ Disclosure and Public Comment The Department will disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.\4\ Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs no later than 30 days after the date of publication of this notice.\5\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\6\ 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.\7\ Case and rebuttal briefs should be filed using ACCESS.\8\ In order to be properly filed, ACCESS must successfully receive an electronically- filed document in its entirety by 5:00 p.m. Eastern Time. --------------------------------------------------------------------------- \3\ The Initiation Notice lists the company as Jindal Poly Films Limited of India. \4\ See 19 CFR 351.224(b). \5\ See 19 CFR 351.309(c)(ii). \6\ See 19 CFR 351.309(d). \7\ See 19 CFR 351.309(c)(2) and (d)(2). \8\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS, within 30 days after the date of publication of this notice.\9\ Requests should contain: (1) The party's 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. --------------------------------------------------------------------------- \9\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department will 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, pursuant to section 751(a)(3)(A) of the Act, unless that time is extended. Assessment Rates Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to liquidate entries of merchandise produced and/or exported by respondent companies. We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. For the individually examined respondents Jindal and SRF, if the weighted-average dumping margins are not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importer-specific (or customer-specific) ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of the sales in accordance with 19 CFR [[Page 46959]] 351.212(b)(1). However, where the respondent did not report the entered value for its sales, we will calculate importer-specific (or customer- specific) per-unit duty assessment rates. Where the respondents' weighted-average dumping margin is zero or de minimis, or an importer- specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For companies MTZ and Uflex, for which this review is rescinded, we will instruct CBP to assess antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 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 the rate established in the final results of this review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (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 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 previous review, 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 Interested Parties This notice also serves as a preliminary 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1) and 351.221(b)(4). Dated: July 30, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Partial Rescission 4. Scope of the Order 5. Comparisons to Normal Value 6. Product Comparisons 7. Date of Sale 8. Export Price 9. Normal Value 10. Currency Conversion 11. Companies Not Selected for Individual Review 12. Recommendation [FR Doc. 2015-19356 Filed 8-5-15; 8:45 am] BILLING CODE 3510-DS-P
![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](https://thefederalregister.org/doc/80_FR_47108/page/1.svg)
![Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices 46959
351.212(b)(1). However, where the occurred and the subsequent assessment When the evaluation is completed, OCM
respondent did not report the entered of double antidumping duties. will place a notice in the Federal
value for its sales, we will calculate We are issuing and publishing these Register announcing the availability of
importer-specific (or customer-specific) results in accordance with sections the Final Evaluation Findings. Notice is
per-unit duty assessment rates. Where 751(a)(1) and 777(i)(1) of the Act and 19 hereby given of the date, local time, and
the respondents’ weighted-average CFR 351.213(h)(1) and 351.221(b)(4). location of the public meeting.
dumping margin is zero or de minimis, Dated: July 30, 2015.
or an importer-specific assessment rate DATES: The Weeks Bay National
Ronald K. Lorentzen,
is zero or de minimis, we will instruct Estuarine Research Reserve public
Acting Assistant Secretary for Enforcement meeting will be held Wednesday,
CBP to liquidate the appropriate entries and Compliance.
without regard to antidumping duties. September 9, 2015, at 6:00 p.m. at the
For companies MTZ and Uflex, for Appendix Weeks Bay Auditorium at 11300 U.S.
which this review is rescinded, we will List of Topics Discussed in the Preliminary Highway 98, Fairhope, Alabama.
instruct CBP to assess antidumping Decision Memorandum The South Slough National Estuarine
duties at rates equal to the cash deposit 1. Summary Research Reserve public meeting will be
of estimated antidumping duties 2. Background held Wednesday, September 16, 2015, at
required at the time of entry, or 3. Partial Rescission 5 p.m. at the South Slough Reserve at
withdrawal from warehouse for 4. Scope of the Order 61907 Seven Devils Road, Charleston,
consumption, in accordance with 19 5. Comparisons to Normal Value
6. Product Comparisons
Oregon.
CFR 351.212(c)(1)(i).
7. Date of Sale
ADDRESSES: Copies of the reserves’ most
Cash Deposit Requirements 8. Export Price
9. Normal Value recent performance report, as well as
The following deposit requirements 10. Currency Conversion OCM’s evaluation notification letter to
will be effective for all shipments of 11. Companies Not Selected for Individual the state, are available upon request
PET Film from India entered, or Review from OCM. Written comments from
withdrawn from warehouse, for 12. Recommendation interested parties regarding these
consumption on or after the date of [FR Doc. 2015–19356 Filed 8–5–15; 8:45 am] programs are encouraged and will be
publication of the final results of this BILLING CODE 3510–DS–P accepted for Weeks Bay Reserve until
administrative review, as provided for September 18, 2015 and for South
by section 751(a)(2)(C) of the Act: (1) Slough Reserve until September 25,
The cash deposit rate for the company DEPARTMENT OF COMMERCE 2015. Please direct written comments to
under review will be the rate Carrie Hall, Evaluator, Planning and
established in the final results of this National Oceanic and Atmospheric
Administration Performance Measurement Program,
review (except, if the rate is zero or de
Office for Coastal Management, NOS/
minimis, i.e., less than 0.5 percent, no
cash deposit will be required); (2) for Evaluation of National Estuarine NOAA, 1305 East-West Highway, Rm.
previously reviewed or investigated Research Reserve 11212, N/OCM1, Silver Spring,
companies not listed above, the cash Maryland 20910, or Carrie.Hall@
AGENCY: National Oceanic and noaa.gov.
deposit rate will continue to be the Atmospheric Administration (NOAA),
company-specific rate published for the Office for Coastal Management, National FOR FURTHER INFORMATION CONTACT:
most recent period; (3) if the exporter is Ocean Service, Commerce. Carrie Hall, Evaluator, Planning and
not a firm covered in this review, a prior ACTION: Notice of intent to evaluate. Performance Measurement Program,
review, or the less-than-fair-value
Office for Coastal Management, NOS/
investigation, but the manufacturer is, SUMMARY: The NOAA Office for Coastal
the cash deposit rate will be the rate NOAA, 1305 East-West Highway, Rm.
Management (OCM) announces its
established for the most recent period 11212, N/OCM1, Silver Spring,
intent to evaluate the performance of the
for the manufacturer of the Maryland 20910, or Carrie.Hall@
Weeks Bay and South Slough National
merchandise; and (4) if neither the Estuarine Research Reserves. noaa.gov.
exporter nor the manufacturer is a firm The National Estuarine Research (Federal Domestic Assistance Catalog 11.419
covered in this or any previous review, Reserve evaluations will be conducted Coastal Zone Management Program
the cash deposit rate will be the all pursuant to sections 312 and 315 of the Administration)
others rate for this proceeding, 5.71 Coastal Zone Management Act (CZMA) Dated: July 31, 2015.
percent. These deposit requirements, and regulations at 15 CFR part 921,
Christopher C. Cartwright,
when imposed, shall remain in effect subpart E and part 923, subpart L.
until further notice. Evaluation of a National Estuarine Associate Assistant Administrator for
Research Reserve requires findings Management and CFO/CAO, Ocean Services
Notification to Interested Parties and Coastal Zone Management, National
concerning the extent to which a state
Oceanic and Atmospheric Administration.
This notice also serves as a has met the national objectives, adhered
[FR Doc. 2015–19444 Filed 8–5–15; 8:45 am]
preliminary reminder to importers of to its Reserve final management plan
their responsibility under 19 CFR approved by the Secretary of Commerce, BILLING CODE 3510–08–P
351.402(f)(2) to file a certificate and adhered to the terms of financial
tkelley on DSK3SPTVN1PROD with NOTICES
regarding the reimbursement of assistance awards funded under the
antidumping duties prior to liquidation CZMA.
of the relevant entries during this The evaluation will include a public
review period. Failure to comply with meeting, consideration of written and
this requirement could result in the oral public comments and consultations
Secretary’s presumption that with interested Federal, state, and local
reimbursement of antidumping duties agencies and members of the public.
VerDate Sep<11>2014 17:50 Aug 05, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 E:\FR\FM\06AUN1.SGM 06AUN1](https://thefederalregister.org/doc/80_FR_47108/page/3.svg)
Document Created: 2018-02-23 10:55:43
Document Modified: 2018-02-23 10:55:43
| 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 | |
| Dates | Effective date: August 6, 2015. | |
| Contact | Myrna Lobo at (202) 482-2371; 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. | |
| FR Citation | 80 FR 46957 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR