82 FR 36735 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 150 (August 7, 2017)

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from India. The period of review (POR) is July 1, 2015, through June 30, 2016. The Department preliminarily determines that Jindal Poly Films Limited of India did, but that SRF Limited did not, make sales of subject merchandise at prices below normal value (NV) during the POR. The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36735-36736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16501]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty (AD) order on 
polyethylene terephthalate film, sheet, and strip (PET Film) from 
India. The period of review (POR) is July 1, 2015, through June 30, 
2016. The Department preliminarily determines that Jindal Poly Films 
Limited of India did, but that SRF Limited did not, make sales of 
subject merchandise at prices below normal value (NV) during the POR. 
The preliminary results are listed below in the section titled 
``Preliminary Results of Review.'' Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith; AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products covered by this order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet and strip, 
whether extruded or coextruded. Excluded are metallized films and other 
finished films that have had at least one of their surfaces modified by 
the application of a performance-enhancing resinous or inorganic layer 
of more than 0.00001 inches thick. Imports of PET film are classifiable 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
item number 3920.62.00.90. HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the scope 
of the order is dispositive.

Background

    DuPont Teijin Films, Mitsubishi Polyester Film Inc., and SKC, Inc. 
(the petitioners) requested reviews of Ester Industries Limited 
(Ester), Garware Polyester Ltd. (Garware), Polyplex Corporation Ltd. 
(Polyplex Ltd.), SRF Limited (SRF), Jindal Poly Films Limited of lndia 
(Jindal),\1\ and Vacmet.\2\ Polyplex USA and Flex USA requested reviews 
of SRF, Jindal, Garware, Ester, MTZ Polyesters Ltd. (MTZ), Vacmet India 
Limited, Uflex Ltd. and Polyplex Ltd.\3\ Jindal and SRF each self-
requested.\4\ Based on these timely requests, the Department initiated 
a review of ten companies in this proceeding.\5\
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    \1\ On May 23, 2017, the Department sent Jindal Poly Films Ltd. 
(India) a supplemental questionnaire requesting clarification of its 
name. See Department Letter re: Jindal Poly Films Ltd. (India)'s 
Name, dated May 23, 2017. Based on Jindal Poly Films Ltd. (India)'s 
response, we have determined that it is the same company as Jindal 
Poly Films of India. See Jindal Poly Films Ltd. (India)'s May 25, 
2017 Response. Accordingly, Jindal Poly Films Ltd. (India) and 
Jindal Poly Films of India will be referred to as ``Jindal'' for the 
remainder of this notice.
    \2\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Request for Antidumping Duty 
Administrative Review,'' dated August 1, 2016.
    \3\ See Polyplex USA and Flex USA's Letter, ``Request for 
Administrative Review,'' dated July 29, 2016.
    \4\ See Jindal Poly Films Ltd. (India)'s Letter, ``Polyethylene 
Terephthalate (PET) Film from India: Requests for Administrative 
Review of the Antidumping Duty Order and Countervailing Duty 
Order,'' dated July 29, 2016; see also SRF Limited of India's 
Letter, ``Polyethylene Terephthalate (PET) Film from India/Request 
for Antidumping Admin Review/SRF Limited,'' dated July 30, 2016; see 
also SRF's Letter, ``Polyethylene Terephthalate (PET) Film from 
India/Withdrawal of Request for Antidumping Admin Review/SRF 
Limited,'' dated December 9, 2016.
    \5\ These companies were Ester, Garware, Jindal Poly Films 
Limited of India, Jindal Poly Films Ltd. (India), MTZ, Polyplex 
Corporation, SRF, Uflex Ltd., Vacmet, and Vacmet India Limited. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 81 FR 62720, (September 12, 2016) (Initiation Notice).
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    On November 2, 2016, the Department selected Jindal and SRF as 
mandatory respondents.\6\ On December 9, 2016, Jindal and SRF each 
separately withdrew their self-requests for review.\7\ On December 12, 
2016, the petitioners withdrew their requests for Ester, Garware, 
Polyplex and Vacmet.\8\ Also on December 12, 2016, Polyplex USA and 
Flex USA withdrew their requests for SRF, Jindal, Garware, Ester, MTZ, 
Vacmet India Limited, Uflex Ltd., and Polyplex Corporation.\9\
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    \6\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Selection of Respondents for Individual Examination,'' dated 
November 2, 2016.
    \7\ See Jindal's Letter, ``Polyethylene Terephthalate (PET) Film 
from India: Withdrawal of Requests for Administrative Review of the 
Antidumping Duty Order and Countervailing Duty Order,'' dated 
December 9, 2016; see also SRF's Letter, ``Polyethylene 
Terephthalate (PET) Film from India/Withdrawal of Request for 
Antidumping Admin Review/SRF Limited,'' dated December 9, 2016.
    \8\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Withdrawal of Request for 
Antidumping Duty Administrative Review,'' dated December 12, 2016.
    \9\ See Polyplex's Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Request for Withdrawal of 
Administrative Review,'' dated December 12, 2016.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), based on the timely withdrawal of 
the requests for review, we are rescinding this administrative review 
with respect to the following companies named in the Initiation Notice: 
Ester, Garware, MTZ, Polyplex Ltd., Uflex Ltd., Vacmet, and Vacmet 
India Limited.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an 
Appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov/login.aspx and it is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for

[[Page 36736]]

the period July 1, 2015, through June 30, 2016.
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    \10\ The Initiation Notice also lists the company as Jindal Poly 
Films Ltd. (India). As noted in Decision Memoranda, dated 
concurrently with this notice, the Department has determined that 
Jindal Poly Films Limited of India is the same company as Jindal 
Poly Films Ltd. (India).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited of India \10\.....................        2.34
SRF Limited.................................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice.\11\ Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs no later than 30 
days after the date of publication of this notice.\12\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\13\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\ Case and 
rebuttal briefs should be filed using the Department's electronic 
filing system, ACCESS.\15\ In order to be properly filed, ACCESS must 
successfully receive an electronically-filed document in its entirety 
by 5:00 p.m. Eastern Time.
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within 30 days after the date of publication of this 
notice.\16\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, parties will be notified of the time and date for the hearing 
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.\17\
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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    The Department will issue the results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act, unless that time is extended.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1). We will instruct CBP to liquidate entries of merchandise 
produced and/or exported by respondent companies. We intend to issue 
instructions to CBP 15 days after the date of publication of the 
results of this review.
    For the individually examined respondents Jindal and SRF, if the 
weighted-average dumping margins are not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific (or customer-specific) ad valorem 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of the sales in accordance with 19 CFR 351.212(b)(1). 
However, where the respondent did not report the entered value for its 
sales, we will calculate importer-specific (or customer-specific) per-
unit duty assessment rates. Where a respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of PET Film from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, i.e., less than 0.5 
percent, no cash deposit will be required); (2) for previously reviewed 
or investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review, the cash deposit rate will be the all others 
rate for this proceeding, 5.71 percent. These deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Interested Parties

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of doubled 
antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1) 
and 351.221(b)(4).

    Dated: July 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Partial Rescission
4. Scope of the Order
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation

[FR Doc. 2017-16501 Filed 8-4-17; 8:45 am]
 BILLING CODE 3510-DS-P