83_FR_5639 83 FR 5612 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2015

83 FR 5612 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 27 (February 8, 2018)

Page Range5612-5613
FR Document2018-02517

The Department of Commerce (Commerce) determines that Jindal Poly Films Limited of India (Jindal) and SRF Limited (SRF), exporters of polyethylene terephthalate film, sheet, and strip (PET film) from India, received countervailable subsidies during the period of review (POR) January 1, 2015, through December 31, 2015.

Federal Register, Volume 83 Issue 27 (Thursday, February 8, 2018) 
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Pages 5612-5613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02517]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Countervailing Duty Administrative Review; 2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Jindal 
Poly Films Limited of India (Jindal) and SRF Limited (SRF), exporters 
of polyethylene terephthalate film, sheet, and strip (PET film) from 
India, received countervailable subsidies during the period of review 
(POR) January 1, 2015, through December 31, 2015.

DATES: Effective February 8, 2018.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office 
VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0197.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review of PET film from India on August 3, 2016.\1\ We invited 
interested parties to comment on the Preliminary Results 2015. On 
November 27, 2017, Commerce postponed the final results of review until 
January 30, 2018. On September 5, 2017, Commerce received a timely 
filed case brief from Jindal, and on September 18, 2017, Commerce 
received timely filed case briefs from the Government of India (GOI) 
and from SRF. On September 25, 2017, Commerce received timely rebuttal 
comments from the petitioners, DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., and SKC, Inc. (collectively, the petitioners). 
Based on an analysis of the comments received, Commerce has made no 
changes to the subsidy rate determined for respondents. The final 
subsidy rates are listed in the ``Final Results of Administrative 
Review'' section below.
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    \1\ See Polyethylene Terephthalate Film, Sheet and Strip from 
India: Preliminary Results and Partial Rescission of Countervailing 
Duty Administrative Review; 2015, 82 FR 36124 (August 3, 2016) 
(Preliminary Results 2015).
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results of this review is now 
February 2, 2018.\2\
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    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    For the purposes of the order, the products covered are all gauges 
of raw, pretreated, or primed polyethylene terephthalate film, sheet 
and strip, whether extruded or coextruded. Excluded are metallized 
films and other finished films that have had at least one of their 
surfaces modified by the application of a performance-enhancing 
resinous or inorganic layer of more than 0.00001 inches thick. Imports 
of PET film are classifiable in the Harmonized Tariff Schedule of the 
United States

[[Page 5613]]

(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.

Analysis of Comments Received

    The issues raised by the GOI, SRF, and Jindal in their case briefs 
and the petitioners' issues raised in their rebuttal brief are 
addressed in the Issues and Decision Memorandum.\3\ The issues are 
identified in the Appendix to this notice. 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 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/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \3\ See Memorandum from James Maeder, Senior Director, 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, to 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: ``Issues and 
Decision Memorandum for the Final Results in the Countervailing Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet and 
Strip from India,'' dated concurrently with this determination and 
hereby adopted by this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    Based on the comments received from the GOI, Jindal, and SRF, and 
the rebuttal comments received from the petitioners, we made no changes 
to our rate calculations. For a discussion of these issues, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a description of the methodology underlying all of 
Commerce's conclusions, see the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review

    In accordance with section 777A(e)(1) of the Act and 19 CFR 
351.221(b)(5), we determine the total estimated net countervailable 
subsidy rates for the period January 1, 2015, through December 31, 2015 
to be:

 
------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal Poly Films of India Limited......................            5.26
SRF Limited.............................................            5.79
------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 15 
days after publication of the final results of this review. Commerce 
will instruct CBP to liquidate shipments of subject merchandise 
produced and/or exported by the companies listed above, entered or 
withdrawn from warehouse, for consumption from January 1, 2015, through 
December 31, 2015, at the percent rates, as listed above for each of 
the respective companies, of the entered value.
    Commerce intends also to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for each of 
the respective companies shown above, on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. For 
all non-reviewed firms, we will instruct CBP to continue to collect 
cash deposits at the most-recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/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 which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 2, 2018.
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 I

Issues and Decision Memorandum

I. Summary
II. Scope of the Order
III. Period of Review
IV. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmarks Interest Rates
    D. Denominator
V. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Be Not Used
    C. Programs Determined To Be Terminated
VI. Final Results of Review
VII. Analysis of Comments

Comment 1: Whether Commerce may disregard loans from certain banks 
with government ownership in its benchmark calculations.
Comment 2: Whether the Export Promotion Capital Goods Scheme (EPCGS) 
is a countervailable export subsidy, pursuant to the SCM Agreement.
Comment 3: Whether the exemption from duties and taxes in a Special 
Economic Zone (SEZ) constitutes a financial contribution.
Comment 4: Whether the benefits SRF received under the SEZ program 
are tied to the export sales of polyester film from the Packaging 
Film Business (PFB) located in the SEZ.
Comment 5: Whether the GOI has a verification system in place for 
the Advance Authorization Scheme (AAS) that is effective and 
reasonable.
Comment 6: Whether Commerce needs to adjust the dates in the 
preliminary draft cash deposit instructions for the final results.

[FR Doc. 2018-02517 Filed 2-7-18; 8:45 am]
 BILLING CODE 3510-DS-P

5612 Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices Materials and May Participate in the requested pursuant to Article 1904(2) of Department of Commerce, 1401 Certification Process NAFTA which requires Requests for Constitution Avenue NW, Washington, V. Recommendation Panel Review to be published in DC 20230; telephone: (202) 482–0197. [FR Doc. 2018–02515 Filed 2–7–18; 8:45 am] accordance with Rule 35. For the SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–P complete Rules, please see https:// www.nafta-sec-alena.org/Home/Texts- Background of-the-Agreement/Rules-of-Procedure/ Commerce published the preliminary DEPARTMENT OF COMMERCE Article-1904. results of this administrative review of The Rules provide that: PET film from India on August 3, 2016.1 International Trade Administration (a) A Party or interested person may We invited interested parties to challenge the final determination in comment on the Preliminary Results North American Free Trade Agreement whole or in part by filing a Complaint 2015. On November 27, 2017, (NAFTA), Article 1904 Binational Panel in accordance with Rule 39 within 30 Commerce postponed the final results of Review: Notice of Request for Panel days after the filing of the first Request review until January 30, 2018. On Review for Panel Review (the deadline for filing September 5, 2017, Commerce received AGENCY: United States Section, NAFTA a Complaint is February 20, 2018); a timely filed case brief from Jindal, and Secretariat, International Trade (b) A Party, investigating authority or on September 18, 2017, Commerce Administration, Department of interested person that does not file a received timely filed case briefs from Commerce. Complaint but that intends to appear in the Government of India (GOI) and from ACTION: Notice of NAFTA Request for support of any reviewable portion of the SRF. On September 25, 2017, Commerce Panel Review in the matter of 100- to final determination may participate in received timely rebuttal comments from 150-Seat Large Civil Aircraft from the panel review by filing a Notice of the petitioners, DuPont Teijin Films, Canada: Final Affirmative Appearance in accordance with Rule 40 Mitsubishi Polyester Film, Inc., and Countervailing Duty Determination within 45 days after the filing of the first SKC, Inc. (collectively, the petitioners). (Secretariat File Number: USA–CDA– Request for Panel Review (the deadline Based on an analysis of the comments 2018–1904–01). for filing a Notice of Appearance is received, Commerce has made no March 5, 2018); and changes to the subsidy rate determined SUMMARY: Requests for Panel Review (c) The panel review shall be limited for respondents. The final subsidy rates were filed with the United States to the allegations of error of fact or law, are listed in the ‘‘Final Results of Section of the NAFTA Secretariat on including challenges to the jurisdiction Administrative Review’’ section below. behalf of Bombardier Inc. and C Series of the investigating authority, that are Commerce exercised its discretion to Aircraft Limited Partnership, the set out in the Complaints filed in the toll all deadlines affected by the closure Government of Canada, and the panel review and to the procedural and of the Federal Government from January Government of Québec on January 19, substantive defenses raised in the panel 20 through 22, 2018. If the new deadline 2018, as well as on behalf of the review. falls on a non-business day, in Government of the United Kingdom and Dated: February 2, 2018. accordance with Commerce’s practice, the European Commission on January Paul E. Morris, the deadline will become the next 24, 2018, pursuant to NAFTA Article U.S. Secretary, NAFTA Secretariat. business day. The revised deadline for 1904. Panel Review was requested of the the final results of this review is now [FR Doc. 2018–02474 Filed 2–7–18; 8:45 am] Department of Commerce’s final February 2, 2018.2 BILLING CODE 3510–GT–P countervailing duty determination regarding 100- to 150-Seat Large Civil Scope of the Order Aircraft from Canada. The final For the purposes of the order, the DEPARTMENT OF COMMERCE determination was published in the products covered are all gauges of raw, Federal Register on December 27, 2017 International Trade Administration pretreated, or primed polyethylene (82 FR 61,252). The NAFTA Secretariat terephthalate film, sheet and strip, has assigned case number USA–CDA– [C–533–825] whether extruded or coextruded. 2018–1904–01 to this request. Excluded are metallized films and other Polyethylene Terephthalate Film, FOR FURTHER INFORMATION CONTACT: Paul Sheet, and Strip From India: Final finished films that have had at least one E. Morris, United States Secretary, Results of Countervailing Duty of their surfaces modified by the NAFTA Secretariat, Room 2061, 1401 Administrative Review; 2015 application of a performance-enhancing Constitution Avenue NW, Washington, resinous or inorganic layer of more than DC 20230, (202) 482–5438. AGENCY: Enforcement and Compliance, 0.00001 inches thick. Imports of PET SUPPLEMENTARY INFORMATION: Chapter International Trade Administration, film are classifiable in the Harmonized 19 of Article 1904 of NAFTA provides Department of Commerce. Tariff Schedule of the United States a dispute settlement mechanism SUMMARY: The Department of Commerce involving trade remedy determinations (Commerce) determines that Jindal Poly 1 See Polyethylene Terephthalate Film, Sheet and Films Limited of India (Jindal) and SRF Strip from India: Preliminary Results and Partial issued by the Government of the United Rescission of Countervailing Duty Administrative States, the Government of Canada, and Limited (SRF), exporters of Review; 2015, 82 FR 36124 (August 3, 2016) the Government of Mexico. Following a polyethylene terephthalate film, sheet, (Preliminary Results 2015). Request for Panel Review, a Binational and strip (PET film) from India, received 2 See Memorandum for The Record from daltland on DSKBBV9HB2PROD with NOTICES Panel is composed to review the trade countervailable subsidies during the Christian Marsh, Deputy Assistant Secretary for period of review (POR) January 1, 2015, Enforcement and Compliance, performing the non- remedy determination being challenged exclusive functions and duties of the Assistant and issue a binding Panel Decision. through December 31, 2015. Secretary for Enforcement and Compliance, There are established NAFTA Rules of DATES: Effective February 8, 2018. ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), Procedure for Article 1904 Binational FOR FURTHER INFORMATION CONTACT: Elfi dated January 23, 2018. All deadlines in this Panel Reviews, which were adopted by Blum, AD/CVD Operations, Office VII, segment of the proceeding have been extended by the three governments for panels Enforcement and Compliance, U.S. 3 days. VerDate Sep<11>2014 17:18 Feb 07, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1

Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices 5613 (HTSUS) under item number underlying all of Commerce’s APO materials or conversion to judicial 3920.62.00.90. HTSUS subheadings are conclusions, see the Issues and Decision protective order is hereby requested. provided for convenience and customs Memorandum. Failure to comply with the regulations purposes. The written description of the and terms of an APO is a violation Final Results of Administrative Review scope of the order is dispositive. which is subject to sanction. In accordance with section 777A(e)(1) Analysis of Comments Received of the Act and 19 CFR 351.221(b)(5), we These final results are issued and The issues raised by the GOI, SRF, determine the total estimated net published in accordance with sections and Jindal in their case briefs and the countervailable subsidy rates for the 751(a)(1) and 777(i)(1) of the Act. petitioners’ issues raised in their period January 1, 2015, through Dated: February 2, 2018. rebuttal brief are addressed in the Issues December 31, 2015 to be: Gary Taverman, and Decision Memorandum.3 The issues Deputy Assistant Secretary for Antidumping are identified in the Appendix to this and Countervailing Duty Operations notice. The Issues and Decision performing the non-exclusive functions and Memorandum is a public document and Subsidy rate duties of the Assistant Secretary for is on file electronically via Enforcement Manufacturer/exporter (percent ad valorem) Enforcement and Compliance. and Compliance’s Antidumping and Countervailing Duty Centralized Jindal Poly Films of India Appendix I Electronic Service System (ACCESS). Limited ............................... 5.26 ACCESS is available to registered users SRF Limited .......................... 5.79 Issues and Decision Memorandum at http://access.trade.gov and in the I. Summary Central Records Unit, room B8024 of the Assessment and Cash Deposit II. Scope of the Order main Department of Commerce Requirements III. Period of Review building. In addition, a complete IV. Subsidies Valuation Information In accordance with 19 CFR A. Allocation Period version of the Issues and Decision 351.212(b)(2), Commerce intends to B. Attribution of Subsidies Memorandum can be accessed directly issue appropriate instructions to U.S. C. Benchmarks Interest Rates on the internet at http://trade.gov/ Customs and Border Protection (CBP) 15 D. Denominator enforcement/frn/index.html. The signed days after publication of the final results V. Analysis of Programs Issues and Decision Memorandum and of this review. Commerce will instruct A. Programs Determined To Be electronic versions of the Issues and CBP to liquidate shipments of subject Countervailable Decision Memorandum are identical in merchandise produced and/or exported B. Programs Determined To Be Not Used content. by the companies listed above, entered C. Programs Determined To Be Terminated Changes Since the Preliminary Results or withdrawn from warehouse, for VI. Final Results of Review Based on the comments received from consumption from January 1, 2015, VII. Analysis of Comments the GOI, Jindal, and SRF, and the through December 31, 2015, at the Comment 1: Whether Commerce may rebuttal comments received from the percent rates, as listed above for each of disregard loans from certain banks with petitioners, we made no changes to our the respective companies, of the entered government ownership in its benchmark rate calculations. For a discussion of value. calculations. these issues, see the Issues and Decision Commerce intends also to instruct Comment 2: Whether the Export Promotion Memorandum. CBP to collect cash deposits of Capital Goods Scheme (EPCGS) is a estimated countervailing duties, in the countervailable export subsidy, pursuant Methodology amounts shown above for each of the to the SCM Agreement. Commerce conducted this review in respective companies shown above, on Comment 3: Whether the exemption from accordance with section 751(a)(1)(A) of shipments of subject merchandise duties and taxes in a Special Economic the Tariff Act of 1930, as amended (the entered, or withdrawn from warehouse, Zone (SEZ) constitutes a financial Act). For each of the subsidy programs for consumption on or after the date of contribution. found countervailable, we find that publication of the final results of this Comment 4: Whether the benefits SRF there is a subsidy, i.e., a government- review. For all non-reviewed firms, we received under the SEZ program are tied provided financial contribution that will instruct CBP to continue to collect to the export sales of polyester film from gives rise to a benefit to the recipient, cash deposits at the most-recent the Packaging Film Business (PFB) and that the subsidy is specific.4 For a company-specific or all-others rate located in the SEZ. description of the methodology applicable to the company, as Comment 5: Whether the GOI has a appropriate. These cash deposit verification system in place for the 3 See Memorandum from James Maeder, Senior requirements, when imposed, shall Advance Authorization Scheme (AAS) Director, performing the duties of Deputy Assistant remain in effect until further notice. that is effective and reasonable. Secretary for Antidumping and Countervailing Duty Comment 6: Whether Commerce needs to Operations, to Gary Taverman, Deputy Assistant Administrative Protective Order adjust the dates in the preliminary draft secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions This notice also serves as a final cash deposit instructions for the final and duties of the Assistant Secretary for reminder to parties subject to an results. Enforcement and Compliance: ‘‘Issues and Decision administrative protective order (APO) of [FR Doc. 2018–02517 Filed 2–7–18; 8:45 am] Memorandum for the Final Results in the their responsibility concerning the daltland on DSKBBV9HB2PROD with NOTICES Countervailing Duty Administrative Review of BILLING CODE 3510–DS–P Polyethylene Terephthalate Film, Sheet and Strip return or destruction of proprietary from India,’’ dated concurrently with this information disclosed under APO in determination and hereby adopted by this notice accordance with 19 CFR 351.305(a)(3), (Issues and Decision Memorandum). which continues to govern business 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) proprietary information in this segment of the Act regarding benefit; and section 771(5A) of of proceeding. Timely written the Act regarding specificity. notification of the return/destruction of VerDate Sep<11>2014 17:18 Feb 07, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\08FEN1.SGM 08FEN1


Document Created: 2018-02-08 00:16:32
Document Modified: 2018-02-08 00:16:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective February 8, 2018.
ContactElfi Blum, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 0197.
FR Citation83 FR 5612 
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