81_FR_13383 81 FR 13334 - Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From India: Final Affirmative Determination and Final Affirmative Critical Circumstances Determination, in Part

81 FR 13334 - Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From India: Final Affirmative Determination and Final Affirmative Critical Circumstances Determination, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range13334-13336
FR Document2016-05712

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain polyethylene terephthalate (PET) resin from India as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13334-13336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05712]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-862]


Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin From India: Final Affirmative Determination and 
Final Affirmative Critical Circumstances Determination, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain polyethylene terephthalate (PET) resin from India as 
provided in section 705 of the Tariff Act of 1930, as amended (the 
Act). For information on the estimated subsidy rates, see the ``Final 
Determination'' section of this notice. The period of investigation is 
January 1, 2014, through December 31, 2014.

DATES: Effective Date: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or John Corrigan, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-3813 
or (202) 482-7438, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on August 
14, 2015,\1\ and placed the Post-Preliminary Memorandum on the record 
of this investigation on November 13, 2015.\2\ A summary of the events 
that occurred since the post-preliminary determination, as well as a 
full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum.\3\ 
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). 
ACCESS is available to registered users at http://access.trade.gov, and 
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 Issues and Decision Memorandum can be accessed directly 
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.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Certain 
Polyethylene Terephthalate Resin From India: Preliminary Affirmative 
Determination, Preliminary Affirmative Critical Circumstances 
Determination, in Part, and Alignment of Final Determination With 
Final Antidumping Duty Determination, 80 FR 48819 (August 14, 2015) 
(Preliminary Determination).
    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``RE: Countervailing Duty (CVD) 
Investigation on Certain Polyethylene Terephthalate Resin from 
India--New Subsidy Allegations,'' dated November 13, 2015 (Post-
Preliminary Memorandum).
    \3\ 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 Affirmative 
Determination in the Countervailing Duty Investigation of Certain 
Polyethylene Terephthalate Resin from India,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the final determination is now March 4, 2016.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is PET resin. The 
merchandise subject to this investigation is properly classified under 
subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive. For a complete 
description of the scope of this investigation, see Appendix II.
    The Department did not receive comments regarding the scope of this 
investigation.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). For each of the subsidy programs found 
countervailable, we determine that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that

[[Page 13335]]

gives rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \5\ 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.
    \6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix I.

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available and, because JBF Industries Limited and the 
Government of India did not act to the best of their ability to respond 
to the Department's requests for information, we drew an adverse 
inference where appropriate in selecting from among the facts otherwise 
available.\7\ For further information, see the section ``Use of Facts 
Otherwise Available and Adverse Inferences'' in the accompanying Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties and minor corrections presented at verification, we made 
certain changes to the respondents' subsidy rate calculations since the 
Preliminary Determination and post-preliminary determination. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Final Affirmative Determination of Critical Circumstances, in Part

    On July 16, 2015, Petitioners filed a timely critical circumstances 
allegation, pursuant to section 773(e)(1) of the Act and 19 CFR 
351.206(c)(1), alleging that critical circumstances exist with respect 
to imports of PET resin from India.\8\ We preliminarily determined that 
critical circumstances did not exist for Dhunseri Petrochem Ltd., but 
did exist for JBF Industries Limited and the all-others companies. That 
determination remains unchanged and a discussion of our final critical 
circumstances determination can be found in the Issues and Decision 
Memorandum at the section, ``Final Determination of Critical 
Circumstances, In Part.''
---------------------------------------------------------------------------

    \8\ See Letter from Petitioners dated July 16, 2015.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for Dhunseri, the only individually investigated 
exporter/producer of the subject merchandise that participated in this 
investigation. In accordance with sections 705(c)(1)(B)(i)(I) and 
705(c)(5)(A) of the Act, for companies not individually investigated, 
we apply an ``all-others'' rate, which is normally calculated by 
weighting the subsidy rates of the individual companies selected as 
respondents with those companies' export sales of the subject 
merchandise to the United States. Under section 705(c)(5)(A)(i) of the 
Act, the all-others rate should exclude zero and de minimis rates 
calculated for the exporters and producers individually investigated, 
and any rates determined entirely under section 776 of the Act. In this 
investigation, the only rate that is not zero or de minimis, or based 
entirely on facts available, is the rate calculated for Dhunseri. 
Consequently, the rate calculated for Dhunseri is also assigned as the 
``all-others'' rate.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Dhunseri Petrochem Ltd (formerly Dhunseri Petrochem and             5.12
 Tea Ltd) (collectively, Dhunseri)......................
JBF Industries Limited..................................          153.80
All-Others..............................................            5.12
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of entries of merchandise under 
consideration from India that were entered or withdrawn from warehouse, 
for consumption, on or after May 16, 2015 (for those entities for which 
we found critical circumstances exist) or on or after August 14, 2015, 
the date of publication of the Preliminary Determination in the Federal 
Register (for all entities for which we did not find critical 
circumstances exist). In accordance with section 703(d) of the Act, we 
issued instructions to CBP to discontinue the suspension of liquidation 
for CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after December 12, 2015, but to continue the 
suspension of liquidation of all entries from May 16, 2015, or August 
14, 2015, as the case may be, through December 11, 2015.
    If the U.S. International Trade Commission (the ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition 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 violation subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

     Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Investigation

[[Page 13336]]

III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
V. List of Issues
VI. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
    D. Benchmarks and Discount Rates
    Short-Term and Long-Term Rupee Denominated Loans Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
    JBF Industries Limited (JBF)
    Government of India (GOI)
    Selection of the Adverse Facts Available Rate
    Corroboration of Secondary Information
VIII. Analysis of Programs
    A. Programs Preliminarily Determined To Be Countervailable
    1. Export Promotion of Capital Goods Scheme (EPCG)
    2. Duty Drawback (DDB)
    3. Focus Product Scheme (FPS)
    4. Incentive Under The West Bengal State Support for Industries 
Scheme
    B. Programs Preliminary Determined Not To Be Used or Not To 
Confer a Benefit During the POI by Dhunseri
    1. Pre- and Post-Shipment Export Financing
    2. Duty Free Import Authorization Scheme
    3. State Government of Gujarat's Provision of Land for Less Than 
Adequate Remuneration
    4. Financial Assistance to Industrial Parks
    5. Income Tax Exemption Scheme (ITES)

Government of India Programs

    a. Status Holder Incentive Scrip
    b. Advance Licenses Program
    c. Focus Market Scheme
    d. Special Economic Zones (SEZ) (6 Programs)
    e. Export Oriented Units (EOUs Program: Duty Drawback on Furnace 
Oil Procured From Domestic Oil Companies
    f. GOI Loan Guarantees
    g. Market Development Assistance Program

State Government Programs

    a. State and Union Territory Sales Tax Incentive Programs
    b. Maharashtra Market Development Assistance Program
    c. Maharashtra Industrial Promotion Subsidy
    d. Maharashtra Electricity Duty Exemption
    e. Maharashtra Waiver of Stamp Duty
    f. State Government of Maharashtra--Incentives to Strengthening 
Micro-, Small-, and Medium-Sized and Large Scale Industries
    g. State Government of Gujarat--Industrial Policy 2009 Scheme
    C. Final AFA Rates for Programs Determined Used by JBF
IX. Calculation of the All-Others Rate
X. Analysis of Comments
XI. Recommendation

Appendix II

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
0.70, but not more than 0.88, deciliters per gram. The scope 
includes blends of virgin PET resin and recycled PET resin 
containing 50 percent or more virgin PET resin content by weight, 
provided such blends meet the intrinsic viscosity requirements 
above. The scope includes all PET resin meeting the above 
specifications regardless of additives introduced in the 
manufacturing process.
    The merchandise subject to this investigation is properly 
classified under subheading 3907.60.00.30 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheading 
is provided for convenience and customs purposes, the written 
description of the merchandise under investigation is dispositive.

[FR Doc. 2016-05712 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                  13334                         Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices

                                                    Dated: March 4, 2016.                                 DEPARTMENT OF COMMERCE                                 Memorandum is a public document and
                                                  Paul Piquado,                                                                                                  is on file electronically via Enforcement
                                                  Assistant Secretary for Enforcement and                 International Trade Administration                     and Compliance’s Antidumping and
                                                  Compliance.                                             [C–533–862]
                                                                                                                                                                 Countervailing Duty Centralized
                                                                                                                                                                 Electronic Service System (ACCESS).
                                                  Appendix I—Scope of the Investigation                                                                          ACCESS is available to registered users
                                                                                                          Countervailing Duty Investigation of
                                                     The merchandise covered by this                      Certain Polyethylene Terephthalate                     at http://access.trade.gov, and is
                                                  investigation is polyethylene terephthalate             Resin From India: Final Affirmative                    available to all parties in the Central
                                                  (PET) resin having an intrinsic viscosity of at         Determination and Final Affirmative                    Records Unit, room B8024 of the main
                                                  least 0.70, but not more than 0.88, deciliters          Critical Circumstances Determination,                  Department of Commerce building. In
                                                  per gram. The scope includes blends of virgin           in Part                                                addition, a complete version of the
                                                  PET resin and recycled PET resin containing                                                                    Issues and Decision Memorandum can
                                                  50 percent or more virgin PET resin content             AGENCY:  Enforcement and Compliance,                   be accessed directly at http://trade.gov/
                                                  by weight, provided such blends meet the                International Trade Administration,                    enforcement. The signed Issues and
                                                  intrinsic viscosity requirements above. The             Department of Commerce.                                Decision Memorandum and the
                                                  scope includes all PET resin meeting the                SUMMARY: The Department of Commerce                    electronic versions of the Issues and
                                                  above specifications regardless of additives            (the Department) determines that                       Decision Memorandum are identical in
                                                  introduced in the manufacturing process.                countervailable subsidies are being                    content.
                                                  The merchandise subject to this investigation           provided to producers and exporters of                    As explained in the memorandum
                                                  is properly classified under subheading                 certain polyethylene terephthalate (PET)               from the Acting Assistant Secretary for
                                                  3907.60.00.30 of the Harmonized Tariff                  resin from India as provided in section                Enforcement and Compliance, the
                                                  Schedule of the United States (HTSUS).                  705 of the Tariff Act of 1930, as                      Department has exercised its discretion
                                                  Although the HTSUS subheading is provided               amended (the Act). For information on                  to toll all administrative deadlines due
                                                  for convenience and customs purposes, the               the estimated subsidy rates, see the                   to the recent closure of the Federal
                                                  written description of the merchandise under            ‘‘Final Determination’’ section of this                Government. All deadlines in this
                                                  investigation is dispositive.                           notice. The period of investigation is                 segment of the proceeding have been
                                                                                                          January 1, 2014, through December 31,                  extended by four business days. The
                                                  Appendix II—Issues and Decision                         2014.                                                  revised deadline for the final
                                                  Memorandum
                                                                                                          DATES: Effective Date: March 14, 2016.                 determination is now March 4, 2016.4
                                                  I. Summary                                              FOR FURTHER INFORMATION CONTACT:
                                                  II. Background
                                                                                                                                                                 Scope of the Investigation
                                                                                                          Yasmin Bordas or John Corrigan, AD/
                                                  III. Scope of the Investigation                         CVD Operations, Office VI, Enforcement                   The merchandise covered by this
                                                  IV. Changes Since the Preliminary                       and Compliance, International Trade                    investigation is PET resin. The
                                                        Determination                                     Administration, U.S. Department of                     merchandise subject to this
                                                  V. Use of Adverse Facts Available
                                                                                                          Commerce, 14th Street and Constitution                 investigation is properly classified
                                                  VI. Description of the Issues
                                                                                                          Avenue NW, Washington, DC 20230;                       under subheading 3907.60.00.30 of the
                                                     Comment 1: PTA Value
                                                                                                          telephone (202) 482–3813 or (202) 482–                 Harmonized Tariff Schedule of the
                                                     Comment 2: Brokerage and Handling
                                                                                                          7438, respectively.                                    United States (HTSUS). Although the
                                                        Expense Source of Valuation                                                                              HTSUS subheading is provided for
                                                     Comment 3: Brokerage and Handling                    SUPPLEMENTARY INFORMATION:                             convenience and customs purposes, the
                                                        Expense Denominator’s Cargo Load                  Background                                             written description of the merchandise
                                                        Volume                                                                                                   under investigation is dispositive. For a
                                                     Comment 4: Brokerage and Handling                      The Department published the
                                                                                                                                                                 complete description of the scope of this
                                                        Expense Letter of Credit Cost                     Preliminary Determination on August
                                                                                                                                                                 investigation, see Appendix II.
                                                     Comment 5: Addition of Brokerage and                 14, 2015,1 and placed the Post-                          The Department did not receive
                                                        Handling Expenses to FOP Surrogate                Preliminary Memorandum on the record                   comments regarding the scope of this
                                                        Values                                            of this investigation on November 13,                  investigation.
                                                     Comment 6: Inland Freight Expense Source             2015.2 A summary of the events that
                                                        of Valuation                                      occurred since the post-preliminary                    Methodology
                                                     Comment 7: Inland Freight Expense                    determination, as well as a full                          The Department is conducting this
                                                        Denominator’s Cargo Load Volume                   discussion of the issues raised by parties             countervailing duty (CVD) investigation
                                                     Comment 8: Inland Freight Expense                    for this final determination, may be                   in accordance with section 701 of the
                                                        Denominator’s Distance                            found in the Issues and Decision                       Tariff Act of 1930, as amended (the Act).
                                                     Comment 9: Thai Labor Values                         Memorandum.3 The Issues and Decision                   For each of the subsidy programs found
                                                     Comment 10: Irrecoverable VAT                                                                               countervailable, we determine that there
                                                     Comment 11: FEIS Verification Minor                    1 See Countervailing Duty Investigation of Certain
                                                                                                                                                                 is a subsidy, i.e., a financial
                                                        Corrections                                       Polyethylene Terephthalate Resin From India:
                                                                                                          Preliminary Affirmative Determination, Preliminary     contribution by an ‘‘authority’’ that
                                                     Comment 12: FEIS Chilled Water
                                                                                                          Affirmative Critical Circumstances Determination,
                                                     Comment 13: FEIS Freight Distance for                in Part, and Alignment of Final Determination With     Assistant Secretary for Enforcement and
                                                        Factors of Production                             Final Antidumping Duty Determination, 80 FR            Compliance, ‘‘Issues and Decision Memorandum for
                                                     Comment 14: FEIS International Freight               48819 (August 14, 2015) (Preliminary                   the Final Affirmative Determination in the
                                                        Expense                                           Determination).                                        Countervailing Duty Investigation of Certain
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                            2 See Memorandum to Paul Piquado, Assistant          Polyethylene Terephthalate Resin from India,’’
                                                     Comment 15: FEIS U.S. Inland Freight
                                                                                                          Secretary for Enforcement and Compliance, ‘‘RE:        dated concurrently with this notice (Issues and
                                                        Expense                                           Countervailing Duty (CVD) Investigation on Certain     Decision Memorandum).
                                                     Comment 16: Xingyu Indirect Labor                    Polyethylene Terephthalate Resin from India—New          4 See Memorandum to the Record from Ron
                                                     Comment 17: Xingyu IPA Consumption                   Subsidy Allegations,’’ dated November 13, 2015         Lorentzen, Acting Assistant Secretary for
                                                        Recommendation                                    (Post-Preliminary Memorandum).                         Enforcement & Compliance, regarding ‘‘Tolling of
                                                                                                            3 See Memorandum from Christian Marsh, Deputy        Administrative Deadlines As a Result of the
                                                  [FR Doc. 2016–05707 Filed 3–11–16; 8:45 am]
                                                                                                          Assistant Secretary for Antidumping and                Government Closure During Snowstorm Jonas,’’
                                                  BILLING CODE 3510–DS–P                                  Countervailing Duty Operations, to Paul Piquado,       dated January 27, 2016.



                                             VerDate Sep<11>2014   14:27 Mar 11, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\14MRN1.SGM   14MRN1


                                                                                 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices                                                 13335

                                                  gives rise to a benefit to the recipient,               can be found in the Issues and Decision                    of liquidation of all entries from May 16,
                                                  and that the subsidy is specific.5 For a                Memorandum at the section, ‘‘Final                         2015, or August 14, 2015, as the case
                                                  full description of the methodology                     Determination of Critical                                  may be, through December 11, 2015.
                                                  underlying our conclusions, see the                     Circumstances, In Part.’’                                     If the U.S. International Trade
                                                  Issues and Decision Memorandum.6                                                                                   Commission (the ITC) issues a final
                                                                                                          Final Determination                                        affirmative injury determination, we
                                                  Analysis of Subsidy Programs and                           In accordance with section                              will issue a CVD order and will reinstate
                                                  Comments Received                                       705(c)(1)(B)(i) of the Act, we calculated                  the suspension of liquidation under
                                                     The subsidy programs under                           a rate for Dhunseri, the only                              section 706(a) of the Act and will
                                                  investigation and the issues raised in                  individually investigated exporter/                        require a cash deposit of estimated
                                                  the case and rebuttal briefs by parties in              producer of the subject merchandise                        CVDs for such entries of subject
                                                  this investigation are discussed in the                 that participated in this investigation. In                merchandise in the amounts indicated
                                                  Issues and Decision Memorandum. A                       accordance with sections                                   above. If the ITC determines that
                                                  list of the issues that parties raised, and             705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the                 material injury, or threat of material
                                                  to which we responded in the Issues                     Act, for companies not individually                        injury, does not exist, this proceeding
                                                  and Decision Memorandum, is attached                    investigated, we apply an ‘‘all-others’’                   will be terminated and all estimated
                                                  to this notice at Appendix I.                           rate, which is normally calculated by                      duties deposited or securities posted as
                                                                                                          weighting the subsidy rates of the                         a result of the suspension of liquidation
                                                  Use of Adverse Facts Available
                                                                                                          individual companies selected as                           will be refunded or canceled.
                                                     In making this final determination,                  respondents with those companies’
                                                  the Department relied, in part, on facts                                                                           International Trade Commission
                                                                                                          export sales of the subject merchandise                    Notification
                                                  available and, because JBF Industries                   to the United States. Under section
                                                  Limited and the Government of India                     705(c)(5)(A)(i) of the Act, the all-others                   In accordance with section 705(d) of
                                                  did not act to the best of their ability to             rate should exclude zero and de                            the Act, we will notify the ITC of our
                                                  respond to the Department’s requests for                minimis rates calculated for the                           determination. In addition, we are
                                                  information, we drew an adverse                         exporters and producers individually                       making available to the ITC all non-
                                                  inference where appropriate in selecting                investigated, and any rates determined                     privileged and non-proprietary
                                                  from among the facts otherwise                          entirely under section 776 of the Act. In                  information relating to this
                                                  available.7 For further information, see                this investigation, the only rate that is                  investigation. We will allow the ITC
                                                  the section ‘‘Use of Facts Otherwise                    not zero or de minimis, or based entirely                  access to all privileged and business
                                                  Available and Adverse Inferences’’ in                   on facts available, is the rate calculated                 proprietary information in our files,
                                                  the accompanying Issues and Decision                    for Dhunseri. Consequently, the rate                       provided the ITC confirms that it will
                                                  Memorandum.                                             calculated for Dhunseri is also assigned                   not disclose such information, either
                                                                                                          as the ‘‘all-others’’ rate.                                publicly or under an administrative
                                                  Changes Since the Preliminary
                                                                                                                                                                     protective order, without the written
                                                  Determination
                                                                                                                                                      Subsidy rate   consent of the Assistant Secretary for
                                                    Based on our review and analysis of                           Exporter/producer                    (percent)     Enforcement and Compliance.
                                                  the comments received from parties and
                                                  minor corrections presented at                          Dhunseri Petrochem Ltd (for-                Notification Regarding Administrative
                                                  verification, we made certain changes to                  merly Dhunseri Petrochem                  Protective Orders
                                                  the respondents’ subsidy rate                             and Tea Ltd) (collectively,                   In the event the ITC issues a final
                                                  calculations since the Preliminary                        Dhunseri) ...........................5.12 negative injury determination, this
                                                                                                          JBF Industries Limited ..........    153.80
                                                  Determination and post-preliminary                      All-Others ..............................
                                                                                                                                                 5.12
                                                                                                                                                      notice will serve as the only reminder
                                                  determination. For a discussion of these                                                            to parties subject to an APO of their
                                                  changes, see the Issues and Decision                                                                responsibility concerning the
                                                                                                          Continuation of Suspension of
                                                  Memorandum.                                                                                         disposition of proprietary information
                                                                                                          Liquidation
                                                                                                                                                      disclosed under APO in accordance
                                                  Final Affirmative Determination of                         As a result of our Preliminary           with 19 CFR 351.305(a)(3). Timely
                                                  Critical Circumstances, in Part                         Determination, and pursuant to section      written notification of the return or
                                                    On July 16, 2015, Petitioners filed a                 703(d) of the Act, we instructed U.S.       destruction of APO materials, or
                                                  timely critical circumstances allegation,               Customs and Border Protection (CBP) to conversion to judicial protective order,
                                                  pursuant to section 773(e)(1) of the Act                suspend liquidation of entries of           is hereby requested. Failure to comply
                                                  and 19 CFR 351.206(c)(1), alleging that                 merchandise under consideration from        with the regulations and terms of an
                                                  critical circumstances exist with respect               India that were entered or withdrawn        APO is a violation subject to sanction.
                                                  to imports of PET resin from India.8 We                 from warehouse, for consumption, on or          This determination is issued and
                                                  preliminarily determined that critical                  after May 16, 2015 (for those entities for published pursuant to sections 705(d)
                                                  circumstances did not exist for Dhunseri                which we found critical circumstances       and 777(i) of the Act.
                                                  Petrochem Ltd., but did exist for JBF                   exist) or on or after August 14, 2015, the     Dated: March 4, 2016.
                                                  Industries Limited and the all-others                   date of publication of the Preliminary
                                                                                                                                                      Paul Piquado,
                                                  companies. That determination remains                   Determination in the Federal Register
                                                                                                                                                      Assistant Secretary for Enforcement and
                                                  unchanged and a discussion of our final                 (for all entities for which we did not
                                                                                                                                                      Compliance.
                                                  critical circumstances determination                    find critical circumstances exist). In
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                                                                                                          accordance with section 703(d) of the       Appendix I
                                                    5 See sections 771(5)(B) and (D) of the Act
                                                                                                          Act, we issued instructions to CBP to       List of Topics Discussed in the Issues and
                                                  regarding financial contribution; section 771(5)(E)     discontinue the suspension of
                                                  of the Act regarding benefit; and section 771(5A) of                                                Decision Memorandum
                                                  the Act regarding specificity.                          liquidation for CVD purposes for subject I. Summary
                                                    6 See Issues and Decision Memorandum.                 merchandise entered, or withdrawn           II. Background
                                                    7 See sections 776(a) and (b) of the Act.             from warehouse, on or after December           A. Case History
                                                    8 See Letter from Petitioners dated July 16, 2015.    12, 2015, but to continue the suspension       B. Period of Investigation



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                                                  13336                         Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices

                                                  III. Final Determination of Critical                    least 0.70, but not more than 0.88, deciliters        For a description of the events that have
                                                        Circumstances, in Part                            per gram. The scope includes blends of virgin         occurred since the Preliminary
                                                  IV. Scope of the Investigation                          PET resin and recycled PET resin containing           Determination, see the Issue and
                                                  V. List of Issues                                       50 percent or more virgin PET resin content
                                                                                                                                                                Decision Memorandum.2 The Issues and
                                                  VI. Subsidies Valuation                                 by weight, provided such blends meet the
                                                     A. Allocation Period                                 intrinsic viscosity requirements above. The
                                                                                                                                                                Decision Memorandum is a public
                                                     B. Attribution of Subsidies                          scope includes all PET resin meeting the              document and is on file electronically
                                                     C. Denominators                                      above specifications regardless of additives          via Enforcement and Compliance’s
                                                     D. Benchmarks and Discount Rates                     introduced in the manufacturing process.              Antidumping and Countervailing Duty
                                                     Short-Term and Long-Term Rupee                          The merchandise subject to this                    Centralized Electronic Service System
                                                        Denominated Loans Discount Rates                  investigation is properly classified under            (ACCESS). ACCESS is available to
                                                  VII. Use of Facts Otherwise Available and               subheading 3907.60.00.30 of the Harmonized            registered users at http://
                                                        Adverse Inferences                                Tariff Schedule of the United States                  access.trade.gov and to all parties in the
                                                     JBF Industries Limited (JBF)                         (HTSUS). Although the HTSUS subheading
                                                     Government of India (GOI)                                                                                  Central Records Unit, room B8024 of the
                                                                                                          is provided for convenience and customs
                                                     Selection of the Adverse Facts Available             purposes, the written description of the
                                                                                                                                                                main Department of Commerce
                                                        Rate                                              merchandise under investigation is                    building. In addition, a complete
                                                     Corroboration of Secondary Information               dispositive.                                          version of the Issues and Decision
                                                  VIII. Analysis of Programs                                                                                    Memorandum can be accessed directly
                                                                                                          [FR Doc. 2016–05712 Filed 3–11–16; 8:45 am]
                                                     A. Programs Preliminarily Determined To                                                                    at http://enforcement.trade.gov. The
                                                        Be Countervailable                                BILLING CODE 3510–DS–P
                                                                                                                                                                signed and electronic versions of the
                                                     1. Export Promotion of Capital Goods
                                                                                                                                                                Issues and Decision Memorandum are
                                                        Scheme (EPCG)
                                                     2. Duty Drawback (DDB)                               DEPARTMENT OF COMMERCE                                identical in content.
                                                     3. Focus Product Scheme (FPS)                                                                                 As explained in the memorandum
                                                     4. Incentive Under The West Bengal State             International Trade Administration                    from the Acting Assistant Secretary for
                                                        Support for Industries Scheme                                                                           Enforcement & Compliance, the
                                                                                                          [A–523–810]
                                                     B. Programs Preliminary Determined Not                                                                     Department has exercised its discretion
                                                        To Be Used or Not To Confer a Benefit                                                                   to toll all administrative deadlines due
                                                        During the POI by Dhunseri
                                                                                                          Certain Polyethylene Terephthalate
                                                                                                          Resin From the Sultanate of Oman:                     to the recent closure of the Federal
                                                     1. Pre- and Post-Shipment Export                                                                           Government because of snowstorm
                                                        Financing                                         Final Determination of Sales at Less
                                                                                                          Than Fair Value                                       ‘‘Jonas’’. All deadlines in this segment
                                                     2. Duty Free Import Authorization Scheme
                                                     3. State Government of Gujarat’s Provision                                                                 of the proceeding have been extended
                                                        of Land for Less Than Adequate                    AGENCY:   Enforcement and Compliance,                 by four business days. The revised
                                                        Remuneration                                      International Trade Administration,                   deadline for the final determination of
                                                     4. Financial Assistance to Industrial Parks          Department of Commerce.                               this investigation is now March 4,
                                                     5. Income Tax Exemption Scheme (ITES)                SUMMARY: The Department of Commerce                   2016.3
                                                                                                          (‘‘the Department’’) determines that
                                                  Government of India Programs                                                                                  Period of Investigation
                                                                                                          imports of certain polyethylene
                                                    a. Status Holder Incentive Scrip                      terephthalate resin (‘‘PET resin’’) from                The period of investigation (‘‘POI’’) is
                                                    b. Advance Licenses Program                           the Sultanate of Oman (‘‘Oman’’) are
                                                    c. Focus Market Scheme
                                                                                                                                                                January 1, 2014, through December 31,
                                                                                                          being sold in the United States at less               2014.
                                                    d. Special Economic Zones (SEZ) (6
                                                       Programs)                                          than fair value (‘‘LTFV’’), as provided in
                                                                                                          section 735 of the Tariff Act of 1930, as             Scope of the Investigation
                                                    e. Export Oriented Units (EOUs Program:
                                                       Duty Drawback on Furnace Oil Procured              amended (the ‘‘Act’’). The final                         The product covered by this
                                                       From Domestic Oil Companies                        weighted-average dumping margins of                   investigation is certain PET resin from
                                                    f. GOI Loan Guarantees                                sales at LTFV are listed below in the                 Oman. For a full description of the
                                                    g. Market Development Assistance Program              section entitled ‘‘Final Determination                scope of the investigation, see Appendix
                                                  State Government Programs                               Margins.’’                                            I to this notice.
                                                    a. State and Union Territory Sales Tax                DATES: Effective Date: March 14, 2016.                Analysis of Comments Received
                                                       Incentive Programs                                 FOR FURTHER INFORMATION CONTACT:
                                                    b. Maharashtra Market Development                                                                             All issues raised in the case and
                                                                                                          Jonathan Hill, AD/CVD Operations,
                                                       Assistance Program                                                                                       rebuttal briefs by parties in this
                                                                                                          Office IV, Enforcement and Compliance,
                                                    c. Maharashtra Industrial Promotion                                                                         investigation are addressed in the Issues
                                                                                                          International Trade Administration,
                                                       Subsidy                                                                                                  and Decision Memorandum
                                                    d. Maharashtra Electricity Duty Exemption
                                                                                                          U.S. Department of Commerce, 14th
                                                                                                                                                                accompanying this notice, and which is
                                                    e. Maharashtra Waiver of Stamp Duty                   Street and Constitution Avenue NW.,
                                                                                                                                                                hereby adopted by this notice. A list of
                                                    f. State Government of Maharashtra—                   Washington, DC 20230; telephone: (202)
                                                                                                                                                                the issues addressed in the Issues and
                                                       Incentives to Strengthening Micro-,                482–3518.
                                                       Small-, and Medium-Sized and Large                 SUPPLEMENTARY INFORMATION:                              2 See Memorandum from Christian Marsh, Deputy
                                                       Scale Industries
                                                                                                          Background                                            Assistant Secretary for Antidumping and
                                                    g. State Government of Gujarat—Industrial                                                                   Countervailing Duty Operations, to Paul Piquado,
                                                       Policy 2009 Scheme                                   On October 15, 2015, the Department                 Assistant Secretary for Enforcement and
                                                    C. Final AFA Rates for Programs                       published in the Federal Register the                 Compliance ‘‘Certain Polyethylene Terephthalate
                                                       Determined Used by JBF                                                                                   Resin From the Sultanate of Oman: Issues and
                                                                                                          preliminary determination in the LTFV
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                                                  IX. Calculation of the All-Others Rate                                                                        Decision Memorandum for the Final Determination
                                                  X. Analysis of Comments                                 investigation of PET resin from Oman.1                of Sales at Less-Than-Fair Value’’ (‘‘Issues and
                                                  XI. Recommendation                                                                                            Decision Memorandum’’), dated concurrently with
                                                                                                             1 See Certain Polyethylene Terephthalate Resin     this notice.
                                                  Appendix II                                             From the Sultanate of Oman: Affirmative                 3 See Memorandum to the Record from Ron

                                                                                                          Preliminary Determination of Sales at Less Than       Lorentzen, Acting A/S for Enforcement &
                                                    The merchandise covered by this                       Fair Value and Postponement of Final                  Compliance, regarding ‘‘Tolling of Administrative
                                                  investigation is polyethylene terephthalate             Determination, 80 FR 62021 (October 15, 2015)         Deadlines As a Result of the Government Closure
                                                  (PET) resin having an intrinsic viscosity of at         (‘‘Preliminary Determination’’).                      During Snowstorm Jonas,’’ dated January 27, 2016.



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Document Created: 2016-03-12 01:00:59
Document Modified: 2016-03-12 01:00:59
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
ContactYasmin Bordas or John Corrigan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-3813 or (202) 482-7438, respectively.
FR Citation81 FR 13334 

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