81 FR 7750 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 30 (February 16, 2016)
International Trade Administration
Federal Register Volume 81, Issue 30 (February 16, 2016)
| Page Range | 7750-7751 | |
| FR Document | 2016-03083 |
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)] [Notices] [Pages 7750-7751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03083] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: For the final results of the administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from India, we find that Jindal Poly Films Limited (Jindal) and the four-non selected respondents made sales of subject merchandise at less than normal value; we also find that SRF Limited (SRF) did not make sales of subject merchandise at less than normal value. The period of review is July 1, 2013, through June 30, 2014. DATES: Effective date: February 16, 2016. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alexander Cipolla, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2371 and (202) 482-4956, respectively. SUPPLEMENTARY INFORMATION: Background On August 6, 2015, the Department of Commerce (the Department) published the Preliminary Results.\1\ For a history of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.\2\ 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 on the Internet at http://trade.gov/login.aspx. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 FR 46957 (August 6, 2015) (Preliminary Results). \2\ See Department Memorandum, ``Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film From India; 2013-2014 Administrative Review'' (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement & 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 results of this review is now February 8, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 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 Order The products covered by the AD order are all gauges of raw, pretreated, or primed PET Film, whether extruded or coextruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches thick. Imports of PET Film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the AD order is dispositive. Analysis of Comments Received All issues raised in the case briefs are addressed in the Issues and Decision Memorandum. A list of issues raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have made changes to SRF's and Jindal's calculations.\4\ In addition, we have adjusted Jindal's reported U.S. prices to account for changes in its export subsidies in the final results of the companion countervailing duty administrative review.\5\ --------------------------------------------------------------------------- \4\ See Memoranda to Thomas Gilgunn, Program Manager ``Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal Poly Films Limited, and ``Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF Limited,'' both dated concurrently with these final results. \5\ See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2013, 80 FR 46956 (August 3, 2015). See also Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review; 2013 (signed February 2, 2016). --------------------------------------------------------------------------- Additionally, for companies not selected for individual review, we have assigned the rate calculated for Jindal in the final results of this review, in accordance with section 735(c)(5) of the Act. [[Page 7751]] Final Results of Review As a result of our review, we determine the following weighted- average dumping margins exist for the period July 1, 2013, through June 30, 2014. --------------------------------------------------------------------------- \6\ The Initiation Notice lists the company as Jindal Poly Films Limited of India. ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Jindal Poly Films Limited \6\........................... 0.59 SRF Limited............................................. 0.00 Ester Industries Limited................................ 0.59 Garware Polyester Ltd................................... 0.59 Polyplex Corporation Limited............................ 0.59 Vacmet.................................................. 0.59 ------------------------------------------------------------------------ Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), the Department determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise, in accordance with the final results of this review. The Department will issue assessment instructions to CBP 15 days after the date of publication of the final results of review. We will instruct CBP to liquidate entries of merchandise produced and/ or exported by the aforementioned companies. The Department will calculate importer-specific assessment rates for Jindal. Where the respondent reported the entered value for its sales, the Department calculates importer-specific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of those same sales.\7\ However, where the respondent did not report the entered value for its sales, the Department calculates importer-specific per-unit duty assessment rates. We will instruct CBP to apply an ad valorem assessment rate as indicated above to all entries of subject merchandise during the POR which were produced and/or exported by the four non-selected companies Ester Industries Limited, Garware Polyester Ltd, Polyplex Corporation Limited, and Vacmet. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries produced and/or exported by SRF during the POR.\8\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.212(b). \8\ See 19 CFR 351.106(c)(1). --------------------------------------------------------------------------- Cash Deposit Requirements The following deposit requirements will be effective for all shipments of PET Film from India entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company under review will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis, i.e., less than 0.5 percent, then the cash deposit rate will be zero); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period for that company; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established in the completed segment for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any other completed segment of this proceeding, then the cash deposit rate will be the all others rate for this proceeding, 5.71 percent. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notifications to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. The Department is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 8, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background Scope of the Order III. Discussion of the Issues Comment 1: Whether To Exclude Certain Sales From the Margin Calculation Comment 2: Whether To Grant a Quantity Discount Adjustment to Jindal Comment 3: G&A Expense and Interest Expense Ratio Comment 4: Differential Pricing [FR Doc. 2016-03083 Filed 2-12-16; 8:45 am] BILLING CODE 3510-DS-P
![7750 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
that Meridian’s trim kits are excluded polyethylene terephthalate film, sheet, extended by four business days. The
from the scope of the Orders constitutes and strip (PET Film) from India, we find revised deadline for the final results of
a final decision of that court that is not that Jindal Poly Films Limited (Jindal) this review is now February 8, 2016.3
in harmony with the Department’s Final and the four-non selected respondents
Scope of the Order
Scope Ruling on Refrigerator Trim Kits. made sales of subject merchandise at
This notice is published in fulfillment less than normal value; we also find that The products covered by the AD order
of the publication requirements of SRF Limited (SRF) did not make sales are all gauges of raw, pretreated, or
Timken. Accordingly, the Department of subject merchandise at less than primed PET Film, whether extruded or
will continue the suspension of normal value. The period of review is coextruded. Excluded are metallized
liquidation of the trim kits at issue July 1, 2013, through June 30, 2014. films and other finished films that have
pending expiration of the period of DATES: Effective date: February 16, 2016. had at least one of their surfaces
appeal or, if appealed, pending a final FOR FURTHER INFORMATION CONTACT: modified by the application of a
and conclusive court decision. Myrna Lobo or Alexander Cipolla, AD/ performance-enhancing resinous or
In accordance with the Courts CVD Operations, Office VII, inorganic layer of more than 0.00001
instructions in Meridian IV, we Enforcement and Compliance, inches thick. Imports of PET Film are
determine that Meridian’s trim kits are International Trade Administration, currently classifiable in the Harmonized
excluded from the scope of the Orders U.S. Department of Commerce, 14th Tariff Schedule of the United States
as finished goods kits. Street and Constitution Avenue NW., (HTSUS) under item number
Amended Final Determination Washington, DC 20230; telephone: (202) 3920.62.00.90. HTSUS subheadings are
482–2371 and (202) 482–4956, provided for convenience and customs
Because there is now a final court respectively. purposes. The written description of the
decision with respect to the Final Scope scope of the AD order is dispositive.
Ruling on Refrigerator Trim Kits, the SUPPLEMENTARY INFORMATION:
Department amends its final scope Analysis of Comments Received
Background
ruling. The Department finds that the All issues raised in the case briefs are
On August 6, 2015, the Department of
scope of the Orders does not cover the addressed in the Issues and Decision
Commerce (the Department) published
products addressed in the Final Scope Memorandum. A list of issues raised
the Preliminary Results.1 For a history
Ruling on Refrigerator Trim Kits. The and to which we respond in the Issues
of events that have occurred since the
Department will instruct U.S. Customs and Decision Memorandum is attached
Preliminary Results, see the Issues and
and Border Protection (CBP) that the to this notice as an Appendix.
Decision Memorandum.2 The Issues and
cash deposit rate will be zero percent for
Decision Memorandum is a public Changes Since the Preliminary Results
the refrigerator/freezer trim kits
document and is on file electronically
imported by Meridian. In the event that Based on a review of the record and
via Enforcement and Compliance’s
the CIT’s ruling is not appealed, or if comments received from interested
Antidumping and Countervailing Duty
appealed, upheld by the CAFC, the parties regarding our Preliminary
Centralized Electronic Service System
Department will instruct CBP to Results, we have made changes to SRF’s
(ACCESS). ACCESS is available to
liquidate entries of Meridian’s and Jindal’s calculations.4 In addition,
registered users at http://
Refrigerator Trim Kits without regard to we have adjusted Jindal’s reported U.S.
access.trade.gov, and is available to all
antidumping and/or countervailing prices to account for changes in its
parties in the Central Records Unit,
duties, and to lift suspension of export subsidies in the final results of
Room B8024 of the main Department of
liquidation of such entries. the companion countervailing duty
Commerce building. In addition, a
This notice is issued and published in administrative review.5
complete version of the Issues and
accordance with section 516A(c)(1) of Additionally, for companies not
Decision Memorandum can be accessed
the Act. selected for individual review, we have
directly on the Internet at http://
Dated: February 8, 2016. trade.gov/login.aspx. The signed Issues assigned the rate calculated for Jindal in
Paul Piquado, and Decision Memorandum and the the final results of this review, in
Assistant Secretary for Enforcement and electronic versions of the Issues and accordance with section 735(c)(5) of the
Compliance. Decision Memorandum are identical in Act.
[FR Doc. 2016–02998 Filed 2–12–16; 8:45 am] content.
BILLING CODE 3510–DS–P As explained in the memorandum 3 See Memorandum to the Record from Ron
from the Acting Assistant Secretary for Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Enforcement & Compliance, the Deadlines as a Result of the Government Closure
DEPARTMENT OF COMMERCE Department has exercised its discretion During Snowstorm Jonas,’’ dated January 27, 2016.
to toll all administrative deadlines due 4 See Memoranda to Thomas Gilgunn, Program
International Trade Administration to the recent closure of the Federal Manager ‘‘Analysis Memorandum for the Final
Government. All deadlines in this Results of the Antidumping Duty Administrative
[A–533–824] Review of Polyethylene Terephthalate Film, Sheet,
segment of the proceeding have been and Strip from India: Jindal Poly Films Limited,
Polyethylene Terephthalate Film, and ‘‘Analysis Memorandum for the Final Results
Sheet, and Strip From India: Final 1 See Polyethylene Terephthalate Film, Sheet, and of the Antidumping Duty Administrative Review of
Results of Antidumping Duty Strip From India: Preliminary Results and Partial Polyethylene Terephthalate Film, Sheet, and Strip
Rescission of Antidumping Duty Administrative from India: SRF Limited,’’ both dated concurrently
mstockstill on DSK4VPTVN1PROD with NOTICES
Administrative Review; 2013–2014 Review; 2013–2014, 80 FR 46957 (August 6, 2015) with these final results.
(Preliminary Results). 5 See Polyethylene Terephthalate Film, Sheet, and
AGENCY: Enforcement and Compliance, 2 See Department Memorandum, ‘‘Issues and Strip From India: Preliminary Results and Partial
International Trade Administration, Decision Memorandum for the Final Results of Rescission of Countervailing Duty Administrative
Department of Commerce. Antidumping Duty Administrative Review: Review; 2013, 80 FR 46956 (August 3, 2015). See
Polyethylene Terephthalate Film From India; 2013– also Polyethylene Terephthalate Film, Sheet, and
SUMMARY: For the final results of the
2014 Administrative Review’’ (Issues and Decision Strip from India: Final Results of Countervailing
administrative review of the Memorandum), dated concurrently with, and Duty Administrative Review; 2013 (signed February
antidumping duty (AD) order on hereby adopted by, this notice. 2, 2016).
VerDate Sep<11>2014 22:15 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\16FEN1.SGM 16FEN1](https://thefederalregister.org/doc/81_FR_7780/page/1.svg)
![Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices 7751
Final Results of Review Cash Deposit Requirements The Department is issuing and
The following deposit requirements publishing these final results of
As a result of our review, we administrative review in accordance
determine the following weighted- will be effective for all shipments of
PET Film from India entered, or with sections 751(a)(1) and 777(i)(1) of
average dumping margins exist for the the Act.
period July 1, 2013, through June 30, withdrawn from warehouse, for
consumption on or after the date of Dated: February 8, 2016.
2014.
publication of the final results of this Paul Piquado,
Weighted-
administrative review, as provided for Assistant Secretary for Enforcement and
average by section 751(a)(2)(C) of the Act: (1) Compliance.
Producer or exporter dumping The cash deposit rate for the company Appendix
margin under review will be equal to the
(percent) weighted-average dumping margin I. Summary
established in the final results of this II. Background
Jindal Poly Films Limited 6 ... 0.59 Scope of the Order
SRF Limited .......................... 0.00
review (except, if the rate is de minimis, III. Discussion of the Issues
Ester Industries Limited ........ 0.59 i.e., less than 0.5 percent, then the cash Comment 1: Whether To Exclude Certain
Garware Polyester Ltd .......... 0.59 deposit rate will be zero); (2) for Sales From the Margin Calculation
Polyplex Corporation Limited 0.59 previously reviewed or investigated Comment 2: Whether To Grant a Quantity
companies not listed above, the cash Discount Adjustment to Jindal
Vacmet .................................. 0.59
deposit rate will continue to be the Comment 3: G&A Expense and Interest
company-specific rate published in the Expense Ratio
Assessment Rates Comment 4: Differential Pricing
completed segment for the most recent
period for that company; (3) if the [FR Doc. 2016–03083 Filed 2–12–16; 8:45 am]
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1), the exporter is not a firm covered in this BILLING CODE 3510–DS–P
Department determined, and U.S. review, a prior review, or the less-than-
Customs and Border Protection (CBP) fair-value investigation, but the
manufacturer is, the cash deposit rate DEPARTMENT OF COMMERCE
shall assess, antidumping duties on all
appropriate entries of subject will be the rate established in the International Trade Administration
merchandise, in accordance with the completed segment for the most recent
period for the manufacturer of the [A–570–001]
final results of this review. The
Department will issue assessment merchandise; and (4) if neither the
exporter nor the manufacturer is a firm Potassium Permanganate From the
instructions to CBP 15 days after the People’s Republic of China:
covered in this or any other completed
date of publication of the final results of Preliminary Results of the 2014
segment of this proceeding, then the
review. We will instruct CBP to Antidumping Duty Administrative
cash deposit rate will be the all others
liquidate entries of merchandise Review
rate for this proceeding, 5.71 percent.
produced and/or exported by the
These deposit requirements, when AGENCY: Enforcement and Compliance,
aforementioned companies. The
imposed, shall remain in effect until International Trade Administration,
Department will calculate importer- further notice. Department of Commerce.
specific assessment rates for Jindal. SUMMARY: In response to a request by
Where the respondent reported the Notification to Importers
Pacific Accelerator Limited (‘‘PAL’’), the
entered value for its sales, the This notice serves as a final reminder Department of Commerce (the
Department calculates importer-specific to importers of their responsibility ‘‘Department’’) is conducting an
ad valorem assessment rates based on under 19 CFR 351.402(f)(2) to file a administrative review of the
the ratio of the total amount of dumping certificate regarding the reimbursement antidumping duty (‘‘AD’’) order on
calculated for the examined sales to the of antidumping duties prior to potassium permanganate from the
total entered value of those same sales.7 liquidation of the relevant entries People’s Republic of China (the ‘‘PRC’’)
However, where the respondent did not during this review period. Failure to for the period of review (‘‘POR’’)
report the entered value for its sales, the comply with this requirement could January 1, 2014, through December 31,
Department calculates importer-specific result in the Secretary’s presumption 2014.1 The Department preliminarily
per-unit duty assessment rates. We will that reimbursement of antidumping determines that PAL sold subject
instruct CBP to apply an ad valorem duties occurred and the subsequent merchandise in the United States at
assessment rate as indicated above to all assessment of doubled antidumping prices below normal value (‘‘NV’’)
entries of subject merchandise during duties. during the POR. If these preliminary
the POR which were produced and/or results are adopted in the final results,
Notifications to Interested Parties
exported by the four non-selected the Department will instruct U.S.
companies Ester Industries Limited, This notice also serves as a reminder Customs and Border Protection (‘‘CBP’’)
Garware Polyester Ltd, Polyplex to parties subject to administrative to assess antidumping duties on all
Corporation Limited, and Vacmet. protective order (APO) of their appropriate entries of subject
Pursuant to 19 CFR 351.106(c)(2), we responsibility concerning the merchandise during the POR. Interested
will instruct CBP to liquidate without destruction of proprietary information parties are invited to comment on these
mstockstill on DSK4VPTVN1PROD with NOTICES
regard to antidumping duties any disclosed under APO in accordance preliminary results.
entries produced and/or exported by with 19 CFR 351.305(a)(3). Timely DATES: Effective February 16, 2016.
SRF during the POR.8 written notification of the return or
FOR FURTHER INFORMATION CONTACT: Paul
destruction of APO materials or
Walker or Javier Barrientos, AD/CVD
6 The Initiation Notice lists the company as Jindal conversion to judicial protective order is
Poly Films Limited of India. hereby requested. Failure to comply 1 See Antidumping Duty Order: Potassium
7 See 19 CFR 351.212(b). with the regulations and terms of an Permanganate from the People’s Republic of China,
8 See 19 CFR 351.106(c)(1). APO is a sanctionable violation. 49 FR 3897 (January 31, 1984).
VerDate Sep<11>2014 22:15 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\16FEN1.SGM 16FEN1](https://thefederalregister.org/doc/81_FR_7780/page/2.svg)
Document Created: 2016-02-13 03:13:36
Document Modified: 2016-02-13 03:13:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Myrna Lobo or Alexander Cipolla, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2371 and (202) 482-4956, respectively. | |
| FR Citation | 81 FR 7750 |
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